[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. 52.1019 to 52.2019)
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........................ 823
Alphabetical List of Agencies Appearing in the CFR...... 843
List of CFR Sections Affected........................... 853
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 52.1019
refers to title 40, part
52, section 1019.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
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parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
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LEGAL STATUS
The contents of the Federal Register are required to be judicially
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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collection request.
[[Page vi]]
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INCORPORATION BY REFERENCE
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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this volume.
[[Page vii]]
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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. 52.1019 to 52.2019)
--------------------------------------------------------------------
Part
chapter i--Environmental Protection Agency (Continued)...... 52
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
--------------------------------------------------------------------
Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000, 66 FR 34375, 34376, June 28, 2001, and 69 FR
18803, Apr. 9, 2004.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
52 Approval and promulgation of implementation
plans (Continued)....................... 5
[[Page 5]]
SUBCHAPTER C_AIR PROGRAMS (CONTINUED)
PART 52_APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED)--
Table of Contents
Subpart U_Maine
Sec.
52.1019 Identification of plan--conditional approval.
52.1020 Identification of plan.
52.1021 Classification of regions.
52.1022 Approval status.
52.1023 Control strategy: Ozone.
52.1024 Attainment dates for national standards.
52.1025 Control strategy: Particulate matter.
52.1026 Review of new sources and modifications.
52.1027 Rules and regulations.
52.1028 [Reserved]
52.1029 Significant deterioration of air quality.
52.1030 Control strategy: Sulfur oxides.
52.1031 EPA-approved Maine regulations.
52.1033 Visibility protection.
52.1034 Stack height review.
52.1035 Requirements for state implementation plan revisions relating to
new motor vehicles.
52.1036 Emission inventories.
52.1037 Identification of plan section.
Subpart V_Maryland
52.1070 Identification of plan.
52.1071 Classification of regions.
52.1072 [Reserved]
52.1073 Approval status.
52.1074 [Reserved]
52.1075 Base year emissions inventory.
52.1076 Control strategy plans for attainment and rate-of-progress:
Ozone.
52.1077-1079 [Reserved]
52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program.
52.1081 Control strategy: Particulate matter.
52.1082 Determinations of attainment.
52.1083 [Reserved]
52.1084 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1085 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1086-52.1099 [Reserved]
52.1100 Original identification of plan section.
52.1101-52.1109 [Reserved]
52.1110 Small business stationary source technical and environmental
compliance assistance program.
52.1111-52.1115 [Reserved]
52.1116 Significant deterioration of air quality.
52.1117 Control strategy: Sulfur oxides.
52.1118 [Reserved]
Subpart W_Massachusetts
52.1119 Identification of plan--conditional approval.
52.1120 Identification of plan.
52.1121 Classification of regions.
52.1122 [Reserved]
52.1123 Approval status.
52.1124 Review of new sources and modifications.
52.1125 Emission inventories.
52.1126 Control strategy: Sulfur oxides.
52.1127 Attainment dates for national standards.
52.1128 Transportation and land use controls.
52.1129 Control strategy: Ozone.
52.1130 [Reserved]
52.1131 Control strategy: Particulate matter.
52.1132 Control strategy: Carbon Monoxide.
52.1133 [Reserved]
52.1134 Regulation limiting on-street parking by commuters.
52.1135 Regulation for parking freeze.
52.1136-52.1144 [Reserved]
52.1145 Regulation on organic solvent use.
52.1146 [Reserved]
52.1147 Federal compliance schedules.
52.1148-52.1158 [Reserved]
52.1159 Enhanced motor vehicle inspection and maintenance.
52.1160 [Reserved]
52.1161 Incentives for reduction in single-passenger commuter vehicle
use.
52.1162 Regulation for bicycle use.
52.1163 Additional control measures for East Boston.
52.1164 Localized high concentrations--carbon monoxide.
52.1165 Significant deterioration of air quality.
52.1166 Original identification of plan section.
52.1167 EPA-approved Massachusetts State regulations.
52.1168 Certification of no sources.
52.1168a Part D--Disapproval of Rules and Regulations.
52.1169 Stack height review.
Subpart X_Michigan
52.1170 Identification of plan.
52.1171 Classification of regions.
[[Page 6]]
52.1172 Approval status.
52.1173 Control strategy: Particulates.
52.1174 Control strategy: Ozone.
52.1175 Compliance schedules.
52.1176 Review of new sources and modifications. [Reserved]
52.1177-52.1178 [Reserved]
52.1179 Control Strategy: Carbon Monoxide.
52.1180 Significant deterioration of air quality.
52.1181 Interstate pollution.
52.1182 State boards.
52.1183 Visibility protection.
52.1184 Small business stationary source technical and environmental
compliance assistance program.
52.1185 Control strategy: Carbon monoxide.
52.1186 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1187 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1188 Control strategy: Lead (Pb).
52.1190 Original identification of plan section.
Subpart Y_Minnesota
52.1219 Identification of plan--conditional approval.
52.1220 Identification of plan.
52.1221 Classification of regions.
52.1222 Original identification of plan.
52.1223 Approval status.
52.1224 General requirements.
52.1225 Review of new sources and modifications.
52.1226-52.1229 [Reserved]
52.1230 Control strategy and rules: Particulates.
52.1231-52.1232 [Reserved]
52.1233 Operating permits.
52.1234 Significant deterioration of air quality.
52.1235 Regional haze.
52.1236 Visibility protection.
52.1237 Control strategy: Carbon monoxide.
52.1238 Control strategy: Lead (Pb).
52.1240 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1241 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
Subpart Z_Mississippi
52.1270 Identification of plan.
52.1271 Classification of regions.
52.1272 Approval status.
52.1273 Control strategy: Ozone.
52.1275 Legal authority.
52.1276 [Reserved]
52.1277 General requirements.
52.1278 Control strategy: Sulfur oxides and particulate matter.
52.1279 Visibility protection.
52.1280 Significant deterioration of air quality.
52.1281 Original identification of plan section.
52.1284 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
Subpart AA_Missouri
52.1319 [Reserved]
52.1320 Identification of plan.
52.1321 Classification of regions.
52.1322 Original identification of plan section.
52.1323 Approval status.
52.1324 [Reserved]
52.1325 Legal authority.
52.1326 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1327 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1328-52.1334 [Reserved]
52.1335 Compliance schedules.
52.1336-52.1338 [Reserved]
52.1339 Visibility protection.
52.1340 Control strategy: Carbon monoxide.
52.1341 Control strategy: Particulate.
52.1342 Control strategy: Ozone.
52.1343 Control strategy: Sulfur dioxide.
Subpart BB_Montana
52.1370 Identification of plan.
52.1371 Classification of regions.
52.1372 Approval status.
52.1373 Control strategy: Carbon monoxide.
52.1374 Control strategy: Particulate matter.
52.1375 Control strategy: Lead.
52.1376 Extensions.
52.1377 [Reserved]
52.1378 General requirements.
52.1379 Legal authority.
52.1380-52.1381 [Reserved]
52.1382 Prevention of significant deterioration of air quality.
52.1384 Emission control regulations.
52.1385-52.1386 Source surveillance.
52.1387 Visibility protection.
52.1388 Stack height regulations.
52.1389 [Reserved]
52.1390 Missoula variance provision.
52.1391 Emission inventories.
52.1392 Federal Implementation Plan for the Billings/Laurel Area.
52.1393 Interstate transport requirements.
52.1394 Section 110(a)(2) infrastructure requirements.
52.1395 Smoke management plan.
[[Page 7]]
52.1396 Federal implementation plan for regional haze.
52.1397 Original identification of plan.
52.1398 Control strategy: Sulfur dioxide.
Subpart CC_Nebraska
52.1420 Identification of plan.
52.1421 Classification of regions.
52.1422 Approval status.
52.1423 PM10 State implementation plan development in group
II areas.
52.1424 Operating permits.
52.1425 Compliance schedules.
52.1426 Original identification of plan section.
52.1427 Operating permits.
52.1428 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1429 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1430-52.1435 [Reserved]
52.1436 Significant deterioration of air quality.
52.1437 Visibility protection.
Subpart DD_Nevada
52.1470 Identification of plan.
52.1471 Classification of regions.
52.1472 Approval status.
52.1473 General requirements.
52.1474 Part D conditional approval.
52.1475 [Reserved]
52.1476 Control strategy: Particulate matter.
52.1477 Nevada air pollution emergency plan.
52.1478 Extensions.
52.1479 Source surveillance.
52.1480-52.1481 [Reserved]
52.1482 Compliance schedules.
52.1483 Malfunction regulations.
52.1484 [Reserved]
52.1485 Significant deterioration of air quality.
52.1486 Control strategy: Hydrocarbons and ozone.
52.1487 Public hearings.
52.1488 Visibility protection.
52.1489 Particulate matter (PM-10) Group II SIP commitments.
52.1490 Original identification of plan.
52.1491 Interstate transport.
Subpart EE_New Hampshire
52.1519 Identification of plan--conditional approval.
52.1520 Identification of plan.
52.1521 Classification of regions.
52.1522 Approval status.
52.1523 Attainment dates for national standards.
52.1524 Compliance schedules.
52.1525 EPA-approved New Hampshire state regulations.
52.1526 [Reserved]
52.1527 Rules and regulations.
52.1528 Control strategy: Carbon monoxide.
52.1529 Significant deterioration of air quality.
52.1530 Requirements for State implementation plan revisions relating to
new motor vehicles.
52.1531 Visibility protection.
52.1532 Stack height review.
52.1533 Emission inventories.
52.1534 Control strategy: Ozone.
52.1535 Original identification of plan section.
Subpart FF_New Jersey
52.1570 Identification of plan.
52.1571 Classification of regions.
52.1572 Extensions.
52.1573 Approval status.
52.1574-52.1575 [Reserved]
52.1576 Determinations of attainment.
52.1577 Compliance schedules.
52.1578 Review of new sources and modifications.
52.1579 [Reserved]
52.1580 Conditional approval.
52.1581 Control strategy: carbon monoxide.
52.1582 Control strategy and regulations: Ozone.
52.1583 Requirements for state implementation plan revisions relating to
new motor vehicles.
52.1584 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1585 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1586 Section 110(a)(2) infrastructure requirements.
52.1587 Original identification of plan section.
52.1588-52.1600 [Reserved]
52.1601 Control strategy and regulations: Sulfur oxides.
52.1602 Control strategy and regulations: PM2.5.
52.1603 Significant deterioration of air quality.
52.1604 Control strategy and regulations: Total suspended particulates.
52.1605 [Reserved]
52.1606 Visibility protection.
52.1607 Small business technical and environmental compliance assistance
program.
Subpart GG_New Mexico
52.1620 Identification of plan.
52.1621 Classification of regions.
52.1622 Approval status.
[[Page 8]]
52.1623 Conditional approval.
52.1624-52.1626 [Reserved]
52.1627 Control strategy and regulations: Carbon monoxide.
52.1628-52.1633 [Reserved]
52.1634 Significant deterioration of air quality.
52.1635 Rules and regulations.
52.1636 [Reserved]
52.1637 Particulate Matter (PM10) Group II SIP commitments.
52.1638 Bernalillo County particulate matter (PM10) Group II
SIP commitments.
52.1639 Prevention of air pollution emergency episodes.
52.1640 Original identification of plan section.
Subpart HH_New York
52.1670 Identification of plan.
52.1671 Classification of regions.
52.1672 Extensions.
52.1673 Approval status.
52.1674 Requirements for state implementation plan revisions relating to
new motor vehicles.
52.1675 Control strategy and regulations: Sulfur oxides.
52.1676 Control strategy: Nitrogen dioxide.
52.1677 Compliance schedules.
52.1678 Control strategy and regulations: Particulate matter.
52.1679 Determinations of attainment.
52.1680 Control strategy: Monitoring and reporting.
52.1681 Control strategy: Lead.
52.1682 Control strategy: Carbon monoxide.
52.1683 Control strategy: Ozone.
52.1685 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1686-52.1688 [Reserved]
52.1689 Identification of plans.
52.1690 Small business technical and environmental compliance assistance
program.
Subpart II_North Carolina
52.1770 Identification of plan.
52.1771 Classification of regions.
52.1772 Approval status.
52.1773-52.1774 [Reserved]
52.1775 Rules and regulations.
52.1776-52.1777 [Reserved]
52.1778 Significant deterioration of air quality.
52.1779 Control strategy: Ozone.
52.1780 [Reserved]
52.1781 Control strategy: Sulfur oxides and particulate matter.
52.1783 Original identification of plan section.
52.1784 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1785 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
Subpart JJ_North Dakota
52.1820 Identification of plan.
52.1821 Classification of regions.
52.1822 Approval status.
52.1823 [Reserved]
52.1824 Review of new sources and modifications.
52.1825 Federal implementation plan for regional haze.
52.1826-52.1828 [Reserved]
52.1829 Prevention of significant deterioration of air quality.
52.1831 Visibility protection.
52.1832 Stack height regulations.
52.1833 Section 110(a)(2) infrastructure requirements.
52.1834 Minor source permit to operate program.
52.1835 Change to approved plan.
52.1836 Change to approved plan.
52.1837 Original identification of plan section.
Subpart KK_Ohio
52.1870 Identification of plan.
52.1871 Classification of regions.
52.1872 [Reserved]
52.1873 Approval status.
52.1874 [Reserved]
52.1875 Attainment dates for achieving the sulfur dioxide secondary
standard.
52.1876 Control strategy: Nitrogen dioxide.
52.1877 Control strategy: Photochemical oxidants (hydrocarbons).
52.1878 [Reserved]
52.1879 Review of new sources and modifications.
52.1880 Control strategy: Particulate matter.
52.1881 Control strategy: Sulfur oxides (sulfur dioxide).
52.1882 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1883 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1884 Significant deterioration of air quality.
52.1885 Control strategy: Ozone.
52.1886 [Reserved]
52.1887 Control strategy: Carbon monoxide.
52.1888 Operating permits.
52.1889 Small business stationary source technical and environmental
compliance assistance program.
52.1890-52.1891 [Reserved]
52.1892 Determination of attainment.
52.1893 Control strategy: Lead (Pb).
52.1894 Original Identification of plan section.
[[Page 9]]
Subpart LL_Oklahoma
52.1919 [Reserved]
52.1920 Identification of plan.
52.1921 Classification of regions.
52.1922 Approval status.
52.1923 Best Available Retrofit Requirements (BART) for SO2
and Interstate pollutant transport provisions; What are the
FIP requirements for Units 4 and 5 of the Oklahoma Gas and
Electric Muskogee plant; and Units 1 and 2 of the Oklahoma Gas
and Electric Sooner plant affecting visibility?
52.1924-52.1927 [Reserved]
52.1928 Visibility protection.
52.1929 Significant deterioration of air quality.
52.1930 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1931 Petroleum storage tank controls.
52.1932-52.1933 [Reserved]
52.1934 Prevention of air pollution emergency episodes.
52.1935 Small business assistance program.
52.1960 Original Identification of plan section.
Subpart MM_Oregon
52.1970 Identification of plan.
52.1971 Classification of regions.
52.1972 Approval status.
52.1973 [Reserved]
52.1974 Original identification of plan section.
52.1975-52.1986 [Reserved]
52.1987 Significant deterioration of air quality.
52.1988 Air contaminant discharge permits.
52.1989-52.2019 [Reserved]
Editorial Note: Nomenclature changes to part 52 appear at 81 FR
74586, Oct. 26, 2016.
Subpart U_Maine
Sec. 52.1019 Identification of plan--conditional approval.
(a) 1997 PM2.5 NAAQS: The SIP submitted September 10,
2008, with a supplement submitted on June 1, 2011, is conditionally
approved for Clean Air Act (CAA) elements 110(a)(2)(A), (C) only as it
relates to the PSD program, (D)(i)(II) only as it relates to the PSD
program, (D)(ii), (E)(ii), and (J) only as it relates to the PSD
program. This conditional approval is contingent upon Maine taking
actions to meet requirements of these elements within one year of
conditional approval, as committed to in letters from the state to EPA
Region 1 dated June 13, 2012, and June 30, 2012.
(b) 2006 PM2.5 NAAQS: The SIP submitted July 27, 2009,
with a supplement submitted on June 1, 2011, is conditionally approved
for CAA elements 110(a)(2)(A), (C) only as it relates to the PSD
program, (D)(i)(II) only as it relates to the PSD program, (D)(ii),
(E)(ii), and (J) only as it relates to the PSD program. This conditional
approval is contingent upon Maine taking actions to meet requirements of
these elements within one year of conditional approval, as committed to
in letters from the state to EPA Region 1 dated June 13, 2012, and June
30, 2012.
(c) 2008 Ozone National Ambient Air Quality Standards (NAAQS): The
110(a)(2) infrastructure SIP submitted on June 7, 2013, is conditionally
approved for Clean Air Act section 110(a)(2)(E) regarding State Boards
and Conflicts of Interest. On March 1, 2018, the State of Maine
committed to address these requirements.
(d) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on
August 21, 2012, is conditionally approved for Clean Air Act section
110(a)(2)(E) regarding State Boards and Conflicts of Interest. On March
1, 2018, the State of Maine committed to address these requirements.
(e) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP
submitted on June 7, 2013, is conditionally approved for Clean Air Act
section 110(a)(2)(E) regarding State Boards and Conflicts of Interest.
On March 1, 2018, the State of Maine committed to address these
requirements.
(f) 2012 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on July 6, 2016, is conditionally approved with respect to
Clean Air Act section 110(a)(2)(E) regarding State Boards and Conflicts
of Interest. On July 17, 2018, the State of Maine committed to address
these requirements.
(g) 2010 Sulfur Dioxide National Ambient Air Quality Standards
(NAAQS): The 110(a)(2) infrastructure SIP submitted on April 19, 2017,
is conditionally approved for Clean Air Act section 110(a)(2)(E)
regarding State Boards and Conflicts of Interest. On
[[Page 10]]
March 1, 2018, the State of Maine committed to address these
requirements.
[77 FR 63232, Oct. 16, 2012, as amended at 83 FR 28160, June 18, 2018;
83 FR 49296, Oct. 1, 2018; 84 FR 18144, Apr. 30, 2019]
Sec. 52.1020 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan for Maine under section 110 of the Clean Air Act, 42
U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality
standards or other requirements under the Clean Air Act.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to September
1, 2008, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as submitted by the state to EPA, and
notice of any change in the material will be published in the Federal
Register. Entries for paragraphs (c) and (d) of this section with EPA
approval dates after September 1, 2008, will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated state
rules/regulations which have been approved as part of the State
Implementation Plan as of September 1, 2008.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, New England Regional
Office, 5 Post Office Square--Suite 100, Boston, MA 02109-3912; Air and
Radiation Docket and Information Center, EPA West Building, 1301
Constitution Ave., NW., Washington, DC 20460; and the National Archives
and Records Administration (NARA). If you wish to obtain materials from
a docket in the EPA Headquarters Library, please call the Office of Air
and Radiation (OAR) Docket/Telephone number (202) 566-1742. For
information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.
EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
EPA Approval Date EPA
State citation Title/Subject State approval date and Explanations
effective date citation \1\
----------------------------------------------------------------------------------------------------------------
Chapter 1...................... Regulations for 5/20/1985 3/23/1993, 58 FR 15422 Portions of
the Processing Chapter 1. EPA
of Applications. did not approve
the following
sections of
Chapter One:
Section 1(A)
through 1(Q),
and 1(U) through
1(EE); Section
2; Section 4 (C)
and (D); last
sentence of
Section 5(B);
last sentence of
Section 6(B);
Section 6(D);
Section 7(B)(1),
(B)(2), and
(B)(4) through
(B)(11); Section
8(A), and 8(E)
through 8(L);
Sections 9, 10
and 11; Section
13; and Sections
15 and 16.
Chapter 100.................... Definitions...... 5/22/2016 8/1/2016, 81 FR 50357
Chapter 101.................... Visible Emissions 10/10/1979 2/17/1982, 47 FR 6829
Chapter 102.................... Open Burning..... 3/17/2005 2/21/2008, 73 FR 9459
Chapter 103.................... Fuel Burning 1/24/1983 2/26/1985, 50 FR 7770
Equipment
Particular
Emission
Standard.
Chapter 104.................... Incinerator 1/31/1972 5/31/1972, 37 FR 10842
Particulate
Emission
Standard.
Chapter 105.................... General Process 1/31/1972 5/31/1972, 37 FR 10842
Source
Particulate
Emission
Standard.
[[Page 11]]
Chapter 106.................... Low Sulfur Fuel 2/8/1978 1/8/1982, 47 FR 947
Regulations.
Chapter 107.................... Sulfur Dioxide 1/31/1972 5/31/1972, 37 FR 10842
Emission
Standards for
Sulfate Pulp
Mills.
Chapter 109.................... Emergency Episode 8/14/1991 1/12/1995, 60 FR 2885
Regulation.
Chapter 110.................... Ambient Air 8/6/2012 6/24/2014, 79 FR 35698
Quality
Standards.
Chapter 111.................... Petroleum Liquid 9/29/1999 11/5/2014, 79 FR 65589
Storage Vapor
Control.
Chapter 112.................... Bulk Terminal 2/22/1998 11/5/2014, 79 FR 65589
Petroleum Liquid
Transfer
Requirements.
Chapter 113.................... Growth Offset 6/22/1994 2/14/1996, 61 FR 5690
Regulation.
Chapter 114.................... Classification of 8/29/2012 6/24/2014, 79 FR 35698
Air Quality
Control Regions.
Chapter 115.................... Emission License 11/6/2012 8/1/2016, 81 FR 50357
Regulation.
Chapter 116.................... Prohibited 10/25/1989 3/23/1993, 58 FR 15422
Dispersion
Techniques.
Chapter 117.................... Source 8/9/1988 3/21/1989, 54 FR 11524
Surveillance.
Chapter 118.................... Gasoline 1/1/2012 7/14/2017, 82 FR 32480 Includes
Dispensing decommissioning
Facilities Vapor of Stage II
Control. vapor recovery
systems.
Chapter 119.................... Motor Vehicle 7/15/2015 7/19/2017, 82 FR 33012 Requires the sale
Fuel Volatility of federal RFG
Limit. year round and
removes the 7.8
RVP requirement
during the
period of May 1
through
September 15 in
7 southern
counties.
Chapter 120.................... Gasoline Tank 6/22/1994 6/29/1995, 60 FR 33730
Trucks.
Chapter 123.................... Control of 5/18/2010 5/22/2012, 77 FR 30216.
Volatile Organic
Compounds from
Paper, Film, and
Foil Coating
Operations.
Chapter 126.................... Capture 5/22/1991 3/22/1993, 58 FR 15281
Efficiency Test
Procedures.
Chapter 126 Appendix A......... Capture 5/22/1991 3/22/1993, 58 FR 15281 Appendix.
Efficiency Test
Procedures.
Chapter 127 and Appendix A..... New Motor Vehicle 5/19/2015 9/7/2017, 82 FR 42233 Includes LEV II
Emission GHG and ZEV
Standards. provisions, and
Advanced Clean
Cars program
(LEV III,
updated GHG and
ZEV standards).
Chapter 129.................... Surface Coating 7/7/2015 5/26/2016, 81 FR 33397 Added
Facilities. requirements for
metal parts and
plastic parts
coating
operations.
Chapter 129 Appendix A......... Surface Coating 1/6/1993 6/17/1994, 59 FR 31154 Appendix.
Facilities.
Chapter 130.................... Solvent Cleaners. 6/17/2004 5/26/2005, 70 FR 30367
Chapter 131.................... Cutback Asphalt 9/15/2009 5/22/2012, 77 FR 30216.
and Emulsified
Asphalt.
Chapter 132.................... Graphic Arts: 1/6/1993 6/17/1994, 59 FR 31154
Rotogravure and
Flexography.
Chapter 132 Appendix A......... Graphic Arts: 1/6/1993 6/17/1994, 59 FR 31154 Appendix.
Rotogravure and
Flexography.
Chapter 133.................... Gasoline Bulk 6/22/1994 6/29/1995, 60 FR 33730
Plants.
[[Page 12]]
Chapter 134.................... Reasonably 2/8/1995 4/18/2000, 65 FR 20749 Regulations fully
Available approved for the
Control following
Technology for counties: York,
Facilities that Sagadahoc,
Emit Volatile Cumberland,
Organic Androscoggin,
Compounds. Kennebec, Knox,
Lincoln,
Hancock, Waldo,
Aroostock,
Franklin,
Oxford, and
Piscataquis.
Regulation
granted a
limited approval
for Washington,
Somerset, and
Penobscot
Counties.
Chapter 137.................... Emission 11/8/2008 5/1/2017, 82 FR 20257 The entire
Statements. chapter is
approved with
the exception of
HAP and
greenhouse gas
reporting
requirements
which were
withdrawn from
the State's SIP
revision:
Sections 1(C),
(E), and (F);
Definitions 2(A)
through (F) and
(I); Sections
3(B) and (C);
the last
sentence of
Section 4(D)(5);
and Appendix A
and B.
Chapter 138.................... Reasonably 8/3/1994 9/9/2002, 67 FR 57148 Affects sources
Available in York,
Control Cumberland,
Technology for Sagadahoc,
Facilities that Androscoggin,
Emit Nitrogen Kennebec,
Oxides. Lincoln, and
Knox counties.
Chapter 139.................... Transportation 9/19/2007 2/8/2008, 73 FR 7465
Conformity.
Chapter 145.................... NOX Control 6/21/2001 3/10/2005, 70 FR 11879
Program.
Chapter 148.................... Emissions from 7/15/2004 5/26/2005, 70 FR 30373
Smaller-Scale
Electric
Generating
Resources.
Chapter 149.................... General Permit 4/27/2014 10/9/2015, 80 FR 61118 All of Chapter
Regulation for 149 is approved
Nonmetallic with the
Mineral exception of the
Processing ``director
Plants. discretion''
provisions in
sections
5(A)(8),
5(A)(9)(a), and
5(A)(9)(b), and
the opacity
provisions in
sections
5(A)(15),
5(C)(7), and
5(E), which were
formally
withdrawn from
consideration as
part of the SIP.
Chapter 150.................... Control of 4/11/2010 4/24/2012, 77 FR 24385
Emissions from
Outdoor Wood
Boilers.
Chapter 151.................... Architectural and 10/6/2005 3/17/2006, 71 FR 13767
Industrial
Maintenance
(AIM) Coatings.
Chapter 152.................... Control of 12/15/2007 5/22/2012, 77 FR 30216.
Volatile Organic
Compounds from
Consumer
Products.
Chapter 153.................... Mobile Equipment 2/5/2004 5/26/2005, 70 FR 30367
Repair and
Refinishing.
Chapter 154.................... Control of 7/20/2010 11/5/2014, 79 FR 65589
Volatile Organic
Compounds from
Flexible Package
Printing.
Chapter 155.................... Portable Fuel 7/14/2004 2/7/2005, 70 FR 6352 With the
Container exception of the
Spillage Control. word ``or'' in
Subsection 7C
which Maine did
not submit as
part of the SIP
revision.
Chapter 159.................... Control of 6/2/2014 11/5/2014, 79 FR 65589
Volatile Organic
Compounds from
Adhesives and
Sealants.
Chapter 161.................... Graphic Arts-- 4/6/2010 5/22/2012, 77 FR 30216.
Offset
Lithography and
Letterpress
Printing.
Chapter 162.................... Fiberglass Boat 7/30/2013 5/26/2016, 81 FR 33397
Manufacturing
Materials.
[[Page 13]]
Chapter 164.................... General Permit 4/27/2014 10/9/2015, 80 FR 61118 All of Chapter
Regulation for 164 is approved
Concrete Batch with the
Plants. exception of the
``director
discretion''
provisions in
sections
5(C)(2),
5(C)(3)(a), and
5(C)(3)(b), and
the opacity
provisions in
sections
5(A)(10),
5(B)(3),
5(B)(4), 5(E),
5(F)(5) and
5(G)(4), which
were formally
withdrawn from
consideration as
part of the SIP.
Vehicle I/M.................... Vehicle 7/9/1998 1/10/2001, 66 FR 1871 ``Maine Motor
Inspection and Vehicle
Maintenance. Inspection
Manual,''
revised in 1998,
pages 1-12
through 1-14,
and page 2-14,
D.1.g.
Vehicle I/M.................... Vehicle 7/9/1998 1/10/2001, 66 FR 1871 Maine Motor
Inspection and Vehicle
Maintenance. Inspection and
Maintenance
authorizing
legislation
effective July
9, 1998 and
entitled L.D.
2223, ``An Act
to Reduce Air
Pollution from
Motor Vehicles
and to Meet
Requirements of
the Federal
Clean Air Act.''
38 MRSA Sec. 603-A sub Sec. ``An Act To 9/12/2009 4/24/2012, 77 FR 24385 Only approving
2(A). Improve Maine's Sec. 1. 38 MRSA
Air Quality and Sec. 603-A,
Reduce Regional sub-Sec. 2,
Haze at Acadia (2)
National Park Prohibitions.
and Other
Federally
Designated Class
I Areas''.
5 MRSA Section 18.............. Disqualification 7/1/2003 6/18/2018, 83 FR 28157 Conflict of
of Executive Interest
Employees from Provisions.
Participation in
Certain Matters.
38 MRSA Section 341-C(7)....... Board Membership 8/11/2000 6/18/2018, 83 FR 28157 Conflict of
Conflict of Interest
Interest. Provisions.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
(d) EPA-approved State Source specific requirements.
EPA-Approved Maine Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit number effective date EPA approval date \2\ Explanations
----------------------------------------------------------------------------------------------------------------
Central Maine Power, W.F. Wyman Department Finding 1/1/1977 1/8/1982, 47 FR 947
Station, Cousins Island, of Fact and Order
Yarmouth, Maine. Air Emission
License.
Lincoln Pulp and Paper Company, Air Emission 3/9/1983 5/1/1985, 50 FR 18483
Kraft Pulp Mill, (Lincoln, License Renewal;
Maine). and New License
for No. 6 Boiler.
JJ Nissen Baking Company, Air Emission 2/27/1997 4/18/2000, 65 FR 20749 VOC RACT
Cumberland County, Portland License A-440-74- Determination
Maine. C-A. issued by Maine
Department of
Environmental
Protection (ME
DEP) on February
25, 1997.
Prime Tanning Company, York Air Emission 3/23/1997 4/18/2000, 65 FR 20749 VOC RACT
County, Berwick, Maine. License Amendment Determination
5 A-376-72-E-A. issued by ME DEP
on July 23,
1997.
Prime Tanning Company, York Air Emission 10/28/1997 4/18/2000, 65 FR 20749 VOC RACT
County, Berwick, Maine. License Amendment Determination
6 A-376-72-F-M. issued by ME DEP
on October 27,
1997.
Portsmouth Naval Shipyard, York Air Emission 7/25/1997 4/18/2000, 65 FR 20749 VOC RACT
County, Kittery, Maine. License Amendment Determination
4 A-452-71-F-M. issued by ME DEP
on July 25,
1997.
[[Page 14]]
Dexter Shoe Company, Penobscot Air Emission 12/5/1996 4/18/2000, 65 FR 20749 VOC RACT
County, Dexter, Maine. License A-175-72- Determination
H-A/R. issued by ME DEP
on December 5,
1996.
Dexter Shoe Company, Penobscot Air Emission 10/22/1997 4/18/2000, 65 FR 20749 VOC RACT
County, Dexter, Maine. License Amendment Determination
1 A-175-71-I-M. issued by ME DEP
on October 20,
1997.
Pioneer Plastics Corporation, Air Emission 6/16/1997 4/18/2000, 65 FR 20749 VOC RACT
Androscoggin County, Auburn, License Amendment Determination
Maine. 3 A-448-71-P-A. issued by ME DEP
on June 16,
1997.
Georgia Pacific Corporation, Air Emission 1/5/1996 4/18/2000, 65 FR 20749 VOC RACT
Washington County, Woodland, License Minor Determination
Maine. Revision/ issued by ME DEP
Amendment 10 A- on January 4,
215-71-T-M. 1996.
Champion International Air Emission 1/19/1996 4/18/2000, 65 FR 20749 VOC RACT
Corporation, Hancock County, License Amendment Determination
Bucksport, Maine. 5 A-22-71-K-A. issued by ME DEP
on January 18,
1996.
International Paper Company, Air Emission 10/4/1995 4/18/2000, 65 FR 20749 VOC RACT
Franklin County, Jay, Maine. License Amendment Determination
8 A-203-71-R-A. issued by ME DEP
on October 4,
1995.
International Paper Company, Air Emission 12/13/1995 4/18/2000, 65 FR 20749 VOC RACT
Franklin County, Jay, Maine. License Amendment Determination
9 A-203-71-S-M. issued by ME DEP
on December 13,
1995.
James River Corporation, Air Emission 12/11/1995 4/18/2000, 65 FR 20749 VOC RACT
Penobscot County, Old Town, License Minor Determination
Maine. Revision/ issued by ME DEP
Amendment 6 A- on December 8,
180-71-R-M. 1995.
Lincoln Pulp and Paper Company, Air Emission 12/19/1995 4/18/2000, 65 FR 20749 VOC RACT
Penobscot County, Lincoln, License Amendment Determination
Maine. 8 A-177-71-J-M. issued by ME DEP
on December 18,
1995.
S.D. Warren Paper Company, Air Emission 12/19/1995 4/18/2000, 65 FR 20749 VOC RACT
Cumberland County, Westbrook, License Minor Determination
Maine. Revision/ issued by ME DEP
Amendment 14 A- on December 18,
29-71-Z-M. 1995.
S.D. Warren Paper Company, Air Emission 10/4/1995 4/18/2000, 65 FR 20749 VOC RACT
Somerset County, Skowhegan, License Amendment Determination
Maine. 14 A-19-71-W-M. issued by ME DEP
on October 4,
1995.
S.D. Warren Paper Company, Air Emission 1/10/1996 4/18/2000, 65 FR 20749 VOC RACT
Somerset County, Skowhegan, License Amendment Determination
Maine. 15 A-19-71-Y-M. issued by ME DEP
on January 9,
1996.
Boise Cascade Corporation, Air Emission 12/21/1995 4/18/2000, 65 FR 20749 VOC RACT
Oxford County, Rumford, Maine. License Amendment Determination
11 A-214-71-X-A. issued by ME DEP
on December 20,
1995.
Bath Iron Works Corporation, Departmental 4/11/2001 5/20/2002, 67 FR 35439 VOC RACT
Sagadahoc County, Bath, Maine. Finding of Fact determination
and Order Air for Bath Iron
Emission License Works.
Amendment 10 A-
333-71-M-M.
United Technologies Pratt & Departmental 4/26/2001 5/20/2002, 67 FR 35439 VOC RACT
Whitney, York County, North Finding of Fact determination
Berwick, Maine. and Order Air for Pratt &
Emission License Whitney.
Amendment 6 A-
453-71-N-M.
United Technologies Pratt & Departmental 7/2/2001 5/20/2002, 67 FR 35439 VOC RACT
Whitney, York County, North Finding of Fact determination
Berwick, Maine. and Order Air for Pratt &
Emission License Whitney.
Amendment 7 A-
453-71-O-M.
Moosehead Manufacturing Departmental 5/10/2001 5/20/2002, 67 FR 35439 VOC RACT
Company, Piscataquis County, Finding of Fact determination
Dover-Foxcroft, Maine. and Order Air for Moosehead
Emission License Manufacturing's
Amendment 2 A- Dover-Foxcroft
338-71-F-M. plant.
Moosehead Manufacturing Departmental 5/10/2001 5/20/2002, 67 FR 35439 VOC RACT
Company, Piscataquis County, Finding of Fact determination
Monson, Maine. and Order Air for Moosehead
Emission License Manufacturing's
Amendment 2 A- Monson plant.
339-71-F-M.
[[Page 15]]
Central Maine Power Company, Departmental 5/18/1995 9/9/2002, 67 FR 57148 Case-specific NOX
W.F. Wyman Station, Cumberland Finding of Fact RACT. Air
County, Yarmouth, Maine. and Order Air emission license
Emission License A-388-71-C-A,
Amendment 1 A- Amendment 1,
388-71-C-A. condition (q)
for FPL Energy's
(formerly
Central Maine
Power) W.F.
Wyman Station.
Central Maine Power Company, Departmental 2/16/1996 9/9/2002, 67 FR 57148 Case-specific NOX
W.F. Wyman Station, Cumberland Finding of Fact RACT. Air
County, Yarmouth, Maine. and Order Air emission license
Emission License A-388-71-D-M,
Amendment 1 A- amendment 1,
388-71-D-M. conditions 19
and 23 for FPL
Energy's
(formerly
Central Maine
Power) W.F.
Wyman Station.
Tree Free Fiber Company, LLC, Departmental 6/12/1996 9/9/2002, 67 FR 57148 Case-specific NOX
Kennebec County, Augusta, Finding of Fact RACT. Air
Maine. and Order Air emission license
Emission License A-195-71-G-M,
Amendment 1 A- Amendment 1,
195-71-G-M. for Tree Free
Fiber Company,
LLC, (formerly
Statler
Industries
Inc.).
Tree Free Fiber Company, LLC, Departmental 6/16/1995 9/9/2002, 67 FR 57148 Case-specific NOX
Kennebec County, Augusta, Finding of Fact RACT. Air
Maine. and Order Air emission license
Emission License A-195-71-D-A/R,
Amendment 1 A- section (II)(D),
195-71-D-A/R. paragraphs
(II)(F)(1) and
(3), and
conditions
12(A), 12(C),
(13), (14) and
(15) for Tree
Free Fiber
Company, LLC,
(formerly
Statler
Industries
Inc.).
Pioneer Plastics Corporation, Departmental 8/23/1995 9/9/2002, 67 FR 57148 Case-specific NOX
Androscoggin County, Auburn, Finding of Fact RACT. Air
Maine. and Order Air emission license
Emission License A-448-72-K-A/R,
A-448-72-K-A/R. paragraphs
(II)(D)(2),
(II)(D)(3) and
conditions
(13)(f) and
14(k) for
Pioneer Plastics
Corporation.
Pioneer Plastics Corporation, Departmental 3/10/1997 9/9/2002, 67 FR 57148 Case-specific NOX
Androscoggin County, Auburn, Finding of Fact RACT. Air
Maine. and Order Air emission license
Emission License A-448-71-O-M,
Amendment 2 A- Amendment 2,
448-71-O-M. condition
(14)(k), for
Pioneer Plastics
Corporation.
Scott Paper Company, Kennebec Departmental 11/15/1995 9/9/2002, 67 FR 57148 Case-specific NOX
County, Winslow, Maine. Finding of Fact RACT. Air
and Order Air emission license
Emission License A-188-72-E-A,
Amendment 2 A- Amendment 2,
188-72-E-A. conditions 8,
paragraph 1, and
9, paragraphs 1,
2 and 4, for
Scott Paper
Company.
The Chinet Company, Kennebec Departmental 1/18/1996 9/9/2002, 67 FR 57148 Case-specific NOX
County, Waterville, Maine. Finding of Fact RACT. Air
and Order Air emission license
Emission License A-416-72-B-A,
A-416-72-B-A. conditions (l)
1, 2, 3a, 3b,
3c, 3e, and (m)
for The Chinet
Company.
FMC Corporation-Food Departmental 2/7/1996 9/9/2002, 67 FR 57148 Case-specific NOX
Ingredients Division, Knox Finding of Fact RACT. Air
County, Rockland, Maine. and Order Air emission license
Emission License A-366-72-H-A,
Amendment 5 A- Amendment 5,
366-72-H-A. conditions 3, 4,
5, 7, 9, 11, 12,
15, 16, and 18
for FMC
Corporation-Food
Ingredients
Division.
[[Page 16]]
Dragon Products Company, Inc., Departmental 6/5/1996 9/9/2002, 67 FR 57148 Case-specific NOX
Knox County, Thomaston, Maine. Finding of Fact RACT.
and Order Air
Emission License
Amendment 5 A-
326-72-N-A.
Dragon Products Company, Inc., Departmental 3/5/1997 9/9/2002, 67 FR 57148 Case-specific NOX
Knox County, Thomaston, Maine. Finding of Fact RACT.
and Order Air
Emission License
Amendment 7 A-
326-71-P-M.
S.D. Warren Paper Company, Departmental 6/12/1996 9/9/2002, 67 FR 57148 Case-specific NOX
Cumberland County, Westbrook, Finding of Fact RACT. Air
Maine. and Order Air emission license
Emission License A-29-71-Y-A,
Amendment 13 A- Amendment 13,
29-71-Y-A. conditions (k)2,
(k)3, (q)8 and
(p) for S.D.
Warren Company.
Mid-Maine Waste Action Departmental 10/16/1996 9/9/2002, 67 FR 57148 Case-specific NOX
Corporation, Androscoggin Finding of Fact RACT.
County, Auburn, Maine. and Order Air
Emission License
Amendment 2 A-
378-72-E-A.
Portsmouth Naval Shipyard, York Departmental 10/21/1996 9/9/2002, 67 FR 57148 Case-specific NOX
County, Kittery, Maine. Finding of Fact RACT. Air
and Order Air emission license
Emission License A-452-71-D-A,
Amendment 2 A- Amendment 2,
452-71-D-A. conditions 3, 4,
5, 7, 9, 11, 16,
17, 18, 19, and
20 for
Portsmouth Naval
Shipyard.
Portsmouth Naval Shipyard, York Departmental 7/25/1997 9/9/2002, 67 FR 57148 Case-specific NOX
County, Kittery, Maine. Finding of Fact RACT. Air
and Order Air emission license
Emission License A-452-71-F-M,
Amendment 4 A- Amendment 4,
452-71-F-M. condition 4 for
Portsmouth Naval
Shipyard.
Maine Energy Recovery Company, Departmental 11/12/1996 9/9/2002, 67 FR 57148 Case-specific NOX
York County, Biddeford, Maine. Finding of Fact RACT.
and Order Air
Emission License
Amendment 4 A-46-
71-L-A.
Katahdin Paper Company......... A-406-77-3-M...... 7/8/2009 4/24/2012, 77 FR 24385 Approving license
conditions (16)
A, B, G, and H.
Rumford Paper Company.......... A-214-77-9-M...... 1/8/2010 4/24/2012, 77 FR 24385
Verso Bucksport, LLC........... A-22-77-5-M....... 11/2/2010 4/24/2012, 77 FR 24385
Woodland Pulp, LLC............. A-214-77-2-M...... 11/2/2010 4/24/2012, 77 FR 24385
FPL Energy Wyman, LLC & Wyman A-388-77-2-M...... 11/2/2010 4/24/2012, 77 FR 24385
IV, LLC.
S. D. Warren Company........... A-19-77-5-M....... 11/2/2010 4/24/2012, 77 FR 24385
Verso Androscoggin, LLC........ A-203-77-11-M..... 11/2/2010 4/24/2012, 77 FR 24385
Red Shield Environmental, LLC.. A-180-77-1-A...... 11/29/2007 4/24/2012, 77 FR 24385
McCain Foods USA, Inc., Amendment 2 of 3/19/2003 5/22/2012, 77 FR 30216
Tatermeal Facility. Air Emission
License A-459-72-
B-R.
Reckitt Benckiser's Air Wick Alternative 4/23/2013 7/19/2017, 82 FR 33014 Issued pursuant
Air Freshener Single Phase Control Plan. to Chapter 152
Aerosol Spray. Control of
Volatile Organic
Compounds from
Consumer
Products.
----------------------------------------------------------------------------------------------------------------
\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
(e) Nonregulatory.
[[Page 17]]
Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non regulatory SIP geographic or State submittal
provision nonattainment date/effective EPA approved date \3\ Explanations
area date
----------------------------------------------------------------------------------------------------------------
Impact of Projected Growth for Maine's Standard 6/26/1974 4/29/1975, 40 FR 18726
Next 10 Years on Air Quality Metropolitan
for Maine Standard Statistical
Metropolitan Statistical Areas.
Areas.
Incinerator Emission Standard-- Maine............ 5/21/1975 4/10/1978, 43 FR 14964 Revision to
Regulation Implementation incinerator
Plan Change, Findings of Fact particulate
and Order. emission
standard which
would exempt
wood waste cone
burners from
the plan until
1980.
Incinerator Emission Standard-- Maine............ 9/24/1975 4/10/1978, 43 FR 14964 Revision to
Regulation and Implementation incinerator
Plan Change, Findings of Fact particulate
and Order. emission
standard which
would exempt
municipal waste
cone burners
from the plan
until 1980.
Air Quality Surveillance...... Maine............ 3/10/1978 3/23/1979, 44 FR 17674 Revision to
Chapter 5 of
the SIP.
New Sources and Modifications. Maine............ 3/10/1978 3/23/1979, 44 FR 17674 Revision to
Chapter 6 of
the SIP.
Review of New Sources and Maine............ 12/19/1979 1/30/1980, 45 FR 6784 Revision to
Modifications. Chapter 6 of
the SIP.
Revisions to State Air Maine............ 3/28/1979 2/19/1980, 45 FR 10766 Includes Control
Implementation Plan as Strategies for
Required by the Federal Clean Particulates,
Air Act. Carbon
Monoxide, and
ozone.
Plan for Public Involvement in Maine............ 5/28/1980 9/9/1980, 45 FR 59314 A plan to
Federally Funded Air provide for
Pollution Control Activities. public
involvement in
federally
funded air
pollution
control
activities.
Air Quality Surveillance...... Maine............ 7/1/1980 1/22/1981, 46 FR 6941 Revision to
Chapter 5 of
the SIP.
Attain and Maintain the NAAQS Maine............ 11/5/1980 8/27/1981, 46 FR 43151 Control Strategy
for Lead. for Lead.
Revision to
Chapter 2.5.
Establishment of Air Quality Metropolitan 10/30/1975 1/8/1982, 47 FR 947 Department
Control Sub-Region. Portland Air Findings of
Quality Control Fact and Order--
Region. Sulfur Dioxide
Control
Strategy.
Sulfur Dioxide Control Portland- 10/30/1975 1/8/1982, 47 FR 947 Department
Strategy--Low Sulfur Fuel Peninsula Air Findings of
Regulation. Quality Control Fact and Order--
Region. Implementation
Plan Revision.
Letter from the Maine DEP Maine............ 6/3/1991 2/3/1992, 57 FR 3046.
documenting the December 1990
survey conducted to satisfy
the 5 percent demonstration
requirement in order to
justify the 3500 gallon
capacity cut-off in Chapter
112.
Withdrawal of Air Emission Maine............ 10/3/1990 2/3/1992, 57 FR 3046 Department of
Licenses for: Pioneer Environmental
Plastics; Eastern Fine Paper; Protection
and S.D. Warren, Westbrook. Letter dated
December 5,
1989,
withdrawing
three source-
specific
licenses as of
October 3,
1990.
Portions of Chapter 1 entitled Maine............ 2/8/1984 3/23/1993, 58 FR 15422.
``Regulations for the
Processing of Applications''.
Review of New Sources and Maine............ 11/6/1989 3/23/1993, 58 FR 15422 Revision to
Modifications. Chapter 6 of
the SIP.
Letter from the Maine DEP Maine............ 5/1/1989 3/23/1993, 58 FR 15422.
regarding implementation of
BACT.
Review of New Sources and Maine............ 11/2/1990 3/18/1994, 59 FR 12853 Revision to
Modifications. Chapter 6 of
the SIP.
[[Page 18]]
Joint Memorandum of City of Presque 3/11/1991 1/12/1995, 60 FR 2885 Part B of the
Understanding (MOU) Among: Isle, Maine. MOU which the
City of Presque Isle; ME DOT Maine
and ME DEP. Department of
Environmental
Protection (ME
DEP) entered
into with the
City of Presque
Isle, and the
Maine
Department of
Transportation
(ME DOT).
Maine State Implementation City of Presque 8/14/1991 1/12/1995, 60 FR 2885 An attainment
Plan to Attain the NAAQS for Isle, Maine. plan and
Particulate Matter (PM10) demonstration
Presque Isle Maine. which outlines
Maine's control
strategy for
attainment of
the PM10 NAAQS
and implement
RACM and RACT
requirements
for Presque
Isle.
Memorandum of Understanding City of Presque 5/25/1994 8/30/1995, 60 FR 45056 Revisions to
among: City of Presque Isle; Isle, Maine. Part B of the
ME DOT and ME DEP. MOU which the
ME DEP entered
into (and
effective) on
May 25, 1994,
with the City
of Presque
Isle, and the
ME DOT.
Maintenance Demonstration and City of Presque 4/27/1994 8/30/1995, 60 FR 45056 A maintenance
Contingency Plan for Presque Isle, Maine. demonstration
Isle. and contingency
plan which
outline Main's
control
strategy
maintenance of
the PM10 NAAQS
and contingency
measures and
provision for
Presque Isle.
Letter from the Maine DEP Maine............ 7/7/1994 9/12/1995, 60 FR 47285 Letter from the
dated July 7, 1994, Maine
submitting Small Business Department of
Technical Assistance Program. Environmental
Protection
submitting a
revision to the
Maine SIP.
Revisions to the SIP for the Maine Statewide.. 5/12/1994 9/12/1995, 60 FR 47285 Revisions to the
Small Business Stationary SIP for the
Source Technical and Small Business
Environmental Compliance Stationary
Assistance Program. Source
Technical and
Environmental
Compliance
Assistance
Program Dated
July 12, 1994
and effective
on May 11,
1994.
Corrected page number 124 of Maine............ 8/16/1994 9/12/1995, 60 FR 47285 Letter from ME
the Small Business Stationary DEP dated
Source Technical and August 16, 1994
Environmental Compliance submitting a
Assistance Program SIP. corrected page
to the July 12,
1994 SIP
revision.
Negative Declaration for Maine Statewide.. 11/15/1994 4/18/2000, 65 FR 20749 Letter from ME
Synthetic Organic Chemical DEP dated
Manufacturing Industry November 15,
Distillation and Reactors 1994 stating a
Control Technique Guideline negative
Categories. declaration for
the Synthetic
Organic
Chemical
Manufacturing
Industry
Distillation
and Reactors
Control
Technique
Guideline
Categories.
Letter from the Maine Greater Portland 11/19/1998 1/10/2001, 66 FR 1875 Letter from the
Department of Environmental Metropolitan Maine
Protection regarding Control Statistical Area. Department of
of Motor Vehicle Pollution Environmental
(Inspection and Maintenance Protection
Program). dated November
19, 1998
submitting a
revision to the
Maine SIP.
[[Page 19]]
State of Maine Implementation Greater Portland 11/11/1998 1/10/2001, 66 FR 1875 Maine Motor
Plan for Inspection/ Metropolitan Vehicle
Maintenance dated November Statistical Area. Inspection and
11, 1998. Maintenance
Program.
Letter from the Maine DEP Southern Maine... 5/29/2001 3/6/2002, 67 FR 10099 Letter from the
submitting additional Maine
technical support and an Department of
enforcement plan for Chapter Environmental
119 as an amendment to the Protection
SIP. dated May 29,
2001 submitting
additional
technical
support and an
enforcement
plan for
Chapter 119 as
an amendment to
the State
Implementation
Plan.
Application for a Waiver of Southern Maine... 5/25/2001 3/6/2002, 67 FR 10099 Additional
Federally-Preempted Gasoline technical
Standards. support.
Letter from the Maine DEP Maine............ 7/1/1997 9/9/2002, 67 FR 57148 Letter from the
dated July 1, 1997, Maine
submitting case-specific NOX Department of
RACT determinations. Environmental
Protection
submitting a
revision to the
Maine SIP.
Letter from the Maine DEP Maine............ 10/9/1997 9/9/2002, 67 FR 57148 Letter from the
dated October 9, 1997, Maine
submitting case-specific NOX Department of
RACT determinations. Environmental
Protection
submitting a
revision to the
Maine SIP.
Letter from the Maine DEP Maine............ 8/14/1998 9/9/2002, 67 FR 57148 Letter from the
dated August 14, 1998, Maine
submitting case-specific NOX Department of
RACT determinations. Environmental
Protection
submitting a
revision to the
Maine SIP.
Chapter 127 Basis Statement... Maine............ 12/31/2000 4/28/2005, 70 FR 21959.
Correspondence from Maine DEP Maine............ 6/6/2006 11/21/2007, 72 FR 65462 Correspondence
indicating which portions of from David W.
Chapter 137 should not be Wright of the
incorporated into the State's Maine DEP
SIP. indicating
which portions
of Chapter 137
Emission
Statements
should not be
incorporated
into the
State's SIP.
State of Maine MAPA 1 form for Maine 9/10/2007 2/08/2008, 73 FR 7465 Certification
Chapter 139 Transportation nonattainment that the
Conformity. areas, and Attorney
attainment areas General
with a approved the
maintenance plan. Rule as to form
and legality.
Amendment to Chapter 141 Maine 4/19/2007 2/20/2008, 73 FR 9203 Maine Department
Conformity of General Federal nonattainment of
Actions. areas, and Environmental
attainment areas Protection
with a amended its
maintenance plan. incorporation-
by-reference
within Chapter
141.2 to
reflect EPA's
revision to the
Federal General
Conformity Rule
for fine
particulate
matter
promulgated on
July 17, 2006
(71 FR 40420-
40427);
specifically 40
CFR 51.852
Definitions and
40 CFR 51.853
Applicability.
State of Maine MAPA 1 form for Maine............ 1/3/2003 2/21/2008, 73 FR 9459 Certification
Chapter 102 Open Burning that the
Regulation. Attorney
General
approved the
Rule as to form
and legality.
[[Page 20]]
Submittal to meet Clean Air State of Maine... 1/3/2008 7/8/2011, 76 FR 40258 This action
Act Section 110(a)(2) addresses the
Infrastructure Requirements following Clean
for the 1997 8-Hour Ozone Air Act
National Ambient Air Quality requirements:
Standard. 110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
Maine Regional Haze SIP and Statewide........ 12/9/2010 4/24/2012, 77 FR 24385
its supplements. supplements
submitted
9/14/2011
11/9/2011
Reasonably Available Control Statewide........ Submitted 5/22/2012, 77 FR 30216.
Technology Demonstration 8/27/2009
(RACT) for the 1997 8-hour
Ozone National Ambient Air
Quality Standard.
Submittal to meet Section Statewide........ 9/10/2008; 10/16/2012, 77 FR 63228 This submittal
110(a)(2) Infrastructure supplement is approved
Requirements for the 1997 submitted with respect to
PM2.5 NAAQS. 6/1/2011 the following
CAA elements or
portions
thereof:
110(a)(2) (B),
(C)
(enforcement
program only),
(D)(i)(I),
(D)(i)(II)
(visibility
only), (E)(i),
(E)(iii), (F),
(G), (H), (J)
(consultation
and public
notification
only), (K),
(L), and (M).
Submittal to meet Section Statewide........ 7/27/2009; 10/16/2012, 77 FR 63228 This submittal
110(a)(2) Infrastructure supplement is approved
Requirements for the 2006 submitted with respect to
PM2.5 NAAQS. 6/1/2011 the following
CAA elements or
portions
thereof:
110(a)(2) (B),
(C)
(enforcement
program only),
(D)(i)(I),
(D)(i)(II)
(visibility
only), (E)(i),
(E)(iii), (F),
(G), (H), (J)
(consultation
and public
notification
only), (K),
(L), and (M).
Negative Declarations for Maine Statewide.. 4/23/2013 5/26/2016, 81 FR 33397
Large Appliance Coatings and
Automobile and Light-Duty
Truck Assembly Coatings
Control Technique Guidelines.
Transport SIP for the 2008 Statewide........ Submitted 10/13/2016, 81 FR 70632 State submitted
Ozone Standard. 10/26/2015 a transport SIP
for the 2008
ozone standard
which shows it
does not
significantly
contribute to
ozone
nonattainment
or maintenance
in any other
state. EPA
approved this
submittal as
meeting the
requirements of
Clean Air Act
Section
110(a)(2)(D)(i)
(I).
[[Page 21]]
Transport SIP for the 1997 Statewide........ Submitted 4/10/2017, 82 FR 17124 State submitted
Ozone Standard. 4/24/2008 a transport SIP
for the 1997
ozone standards
which shows it
does not
significantly
contribute to
ozone
nonattainment
or maintenance
in any other
state. EPA
approved this
submittal as
meeting the
requirements of
Clean Air Act
Section
110(a)(2)(D)(i)
(I).
Demonstration of Compliance York, Cumberland, 4/13/2016 7/14/2017, 82 FR 32480 Emission
with the Comparable Measures and Sagadahoc calculations
Requirement of CAA section Counties. and narrative
184(b)(2). associated with
Stage II
Decommissioning
SIP revision.
Regional Haze 5-Year Progress Statewide........ 2/23/2016 9/19/2017, 82 FR 43699 Progress report
Report. for the first
regional haze
planning period
ending in 2018.
Submittal to meet Clean Air State of Maine... 8/21/2012 6/18/2018, 83 FR 28157 This action
Act Section 110(a)(2) addresses the
Infrastructure Requirements following Clean
for the 2008 Lead (Pb) Air Act
National Ambient Air Quality requirements:
Standard. 110(a)(2)(A),
(B), (C), (D),
(E) except for
State Boards,
(F), (G), (H),
(J), (K), (L),
and (M).
Submittal to meet Clean Air State of Maine... 6/7/2013 6/18/2018, 83 FR 28157 This action
Act Section 110(a)(2) addresses the
Infrastructure Requirements following Clean
for the 2008 8-Hour Ozone Air Act
National Ambient Air Quality requirements:
Standard. 110(a)(2)(A),
(B), (C), (D)
except for
D(1), (E)
except for
State Boards,
(F), (G), (H),
(J), (K), (L),
and (M).
Submittal to meet Clean Air State of Maine... 4/23/2013 6/18/2018, 83 FR 28157 This action
Act Section 110(a)(2) addresses the
Infrastructure Requirements following Clean
for the 2010 Nitrogen Dioxide Air Act
(NO2) National Ambient Air requirements:
Quality Standard. 110(a)(2)(A),
(B), (C), (D)
except for
D(1), (E)
except for
State Boards,
(F), (G), (H),
(J), (K), (L),
and (M).
Interstate Transport SIP to Statewide........ 2/21/2018 8/13/2018, 83 FR 39892 This approval
meet Infrastructure addresses
Requirements for the 2010 1- Prongs 1 and 2
hour NO2 NAAQS. of CAA section
110(a)(2)(D)(i)
(I) only.
Submittals to meet Section Statewide........ 7/6/2016 10/1/2018, 83 FR 49295 These submittals
110(a)(2) Infrastructure are approved
Requirements for the 2012 with respect to
PM2.5 NAAQS. the following
CAA elements or
portions
thereof:
110(a)(2) (A),
(B), (C), (D),
(E)(i), (F),
(G), (H), (J),
(K), (L), and
(M), and
conditionally
approved with
respect to
(E)(ii)
regarding State
Boards and
Conflicts of
Interest.
[[Page 22]]
Submittal to meet Clean Air State of Maine... 4/19/2017 4/30/2019, 84 FR 18142 This submittal
Act Section 110(a)(2) is approved
Infrastructure Requirements with respect to
for the 2010 Sulfur Dioxide the following
(SO2) National Ambient Air CAA elements or
Quality Standards.. portions
thereof:
110(a)(2)(A),
(B), (C), (D),
(E)(i), (F),
(G), (H), (J),
(K), (L), and
(M), and
conditionally
approved with
respect to
E(ii) regarding
State Boards
and Conflicts
of Interest.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[73 FR 56973, Oct. 1, 2008, as amended at 76 FR 40257, July 8, 2011; 76
FR 49671, Aug. 11, 2011; 77 FR 24390, Apr. 24, 2012; 77 FR 30217, May
22, 2012; 77 FR 63232, Oct. 16, 2012; 79 FR 35698, June 24, 2014; 79 FR
65589, Nov. 5, 2014; 80 FR 61118, Oct. 9, 2015; 80 FR 73122, Nov. 24,
2015; 81 FR 33397, May 26, 2016; 81 FR 50357, Aug. 1, 2016; 81 FR 70632,
Oct. 13, 2016; 82 FR 17126, Apr. 10, 2017; 82 FR 20259, May 1, 2017; 82
FR 32482, July 14, 2017; 82 FR 33013, 33016, July 19, 2017; 82 FR 42235,
Sept. 7, 2017; 82 FR 43701, Sept. 19, 2017; 83 FR 28160, June 18, 2018;
83 FR 39894, Aug. 13, 2018; 83 FR 49296, Oct. 1, 2018; 84 FR 18144, Apr.
30, 2019]
Sec. 52.1021 Classification of regions.
The Maine plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Portland Intrastate.......................... I II III III III
Androscoggin Valley Interstate............................ IA IA III III III
Down East Intrastate...................................... IA IA III III III
Aroostook Intrastate...................................... III III III III III
Northwest Maine Intrastate................................ III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10870, May 31, 1972, as amended at 45 FR 10774, Feb. 19, 1980]
Sec. 52.1022 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Maine's plan, as identified in Sec. 52.1020, for the
attainment and maintenance of the national standards under section 110
of the Clean Air Act.
(b)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in this subpart apply to stationary sources of
greenhouse gas (GHGs) emissions, the Administrator approves that
application only to the extent that GHGs are ``subject to regulation'',
as provided in this paragraph (b), and the Administrator takes no action
on that application to the extent that GHGs are not ``subject to
regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
[[Page 23]]
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) The term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) the term emissions increase shall mean that both a significant
emissions increase (as calculated using the procedures in 06-096 1. of
Chapter 100 of Maine's Bureau of Air Quality Control regulations) and a
significant net emissions increase (as defined in 06-096, paragraphs 89
and 144 A of Chapter 100 of Maine's Bureau of Air Quality Control
regulations) occur. For the pollutant GHGs, an emissions increase shall
be based on tpy CO2e, and shall be calculated assuming the
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is
defined as 75,000 tpy CO2e instead of applying the value in
06-096, paragraphs 143 and 144 D of Chapter 100 of Maine's Bureau of Air
Quality Control regulations.
[75 FR 82555, Dec. 30, 2010]
Sec. 52.1023 Control strategy: Ozone.
(a) Determination. EPA is determining that, as of July 21, 1995, the
Lewiston-Auburn ozone nonattainment area has attained the ozone standard
and that the reasonable further progress and attainment demonstration
requirements of section 182(b)(1) and related requirements of section
172(c)(9) of the Clean Air Act do not apply to the area for so long as
the area does not monitor any violations of the ozone standard. If a
violation of the ozone NAAQS is monitored in the Lewiston-Auburn ozone
nonattainment area, these determinations shall no longer apply.
(b) Determination. EPA is determining that, as of July 21, 1995, the
Knox and Lincoln Counties ozone nonattainment area has attained the
ozone standard and that the reasonable further progress and attainment
demonstration requirements of section 182(b)(1) and related requirements
of section 172(c)(9) of the Clean Air Act do not apply to the area for
so long as the area does not monitor any violations of the ozone
standard. If a violation of the ozone NAAQS is monitored in the Knox and
Lincoln Counties ozone nonattainment area, these determinations shall no
longer apply.
(c) Approval. EPA is approving an exemption request submitted by the
Maine Department of Environmental Protection on September 7, 1995, for
the Northern Maine area from the NOX requirements contained
in Section 182(f) of the Clean Air Act. This approval exempts Oxford,
Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook,
Hancock and Waldo Counties from the requirements to implement controls
beyond those approved in Sec. 52.1020(c)(41) for major sources of
nitrogen oxides (NOX), nonattainment area new source review
(NSR) for new sources and modifications that are major for
NOX, and the applicable NOX-related requirements
of the general and transportation conformity provisions.
(d) Approval. EPA is approving an exemption request from the
NOX requirements contained in Section 182(f) of the Clean Air
Act for northern Maine. The exemption request was submitted by the Maine
Department of Environmental Protection on March 24, 2005, and
supplemented on April 19 and June 28, 2005. This approval exempts major
sources of nitrogen oxides in Aroostook, Franklin, Oxford, Penobscot,
Piscataquis, Somerset, Washington,
[[Page 24]]
and portions of Hancock and Waldo Counties from the requirements to
implement controls meeting reasonably available control technology under
the Clean Air Act, and nonattainment area new source review (NSR) for
new sources and modifications. In Waldo County, this area includes only
the following towns: Belfast, Belmont, Brooks, Burnham, Frankfort,
Freedom, Jackson, Knox, Liberty, Lincolnville, Monroe, Montville,
Morrill, Northport, Palermo, Prospect, Searsmont, Searsport, Stockton
Springs, Swanville, Thorndike, Troy, Unity, Waldo, and Winterport. In
Hancock County, this area includes only the following towns and
townships: Amherst, Aurora, Bucksport, Castine, Dedham, Eastbrook,
Ellsworth, Franklin, Great Pond, Mariaville, Orland, Osborn, Otis,
Penobscot, Verona, Waltham, Oqiton Township (T4 ND), T3 ND, T39 MD, T40
MD, T41 MD, T32 MD, T34 MD, T35 MD, T28 MD, T22 MD, T16 MD, T8 SD, T9
SD, T10 SD, and T7 SD.
(e) Approval. EPA is approving a revision to the State
Implementation Plan submitted by the Maine Department of Environmental
Protection on June 9 and 13, 2005. The revision is for purposes of
satisfying the rate of progress requirements of section 182(b)(1) of the
Clean Air Act for the Portland Maine one-hour ozone nonattainment area.
(f) Approval. EPA is approving a revision to the State
Implementation Plan submitted by the Maine Department of Environmental
Protection on June 9, 13, and 14, 2005. The revision is for purposes of
satisfying the 5 percent increment of progress requirement of 40 CFR
51.905(a)(1)(ii)(B) for the Portland Maine eight-hour ozone
nonattainment area. The revision establishes motor vehicle emissions
budgets for 2007 of 20.115 tons per summer day (tpsd) of volatile
organic compound (VOC) and 39.893 tpsd of nitrogen oxide
(NOX) to be used in transportation conformity in the Portland
Maine 8-hour ozone nonattainment area.
(g) Approval. EPA is approving a redesignation request for the
Portland, Maine 8-hour ozone nonattainment area. Maine submitted this
request on August 3, 2006. The request contains the required Clean Air
Act Section 175A maintenance plan. The plan establishes motor vehicle
emissions budgets for 2016 of 16.659 tons per summer day (tpsd) of
volatile organic compound and 32.837 tpsd of nitrogen oxide
(NOX) to be used in transportation conformity determinations
in the Portland area.
(h) Approval. EPA is approving a redesignation request for the
Hancock, Knox, Lincoln and Waldo Counties, Maine 8-hour ozone
nonattainment area. Maine submitted this request on August 3, 2006. The
request contains the required Clean Air Act Section 175A maintenance
plan. The plan establishes motor vehicle emissions budgets for 2016 of
3.763 tons per summer day (tpsd) of volatile organic compound and 6.245
tpsd of nitrogen oxide (NOX) to be used in transportation
conformity determinations in the Hancock, Knox, Lincoln and Waldo
Counties area.
(i) Approval: EPA is approving the 110(a)(1) 8-hour ozone
maintenance plans in the four areas of the state required to have a
110(a)(1) maintenance plan for the 8-hour ozone National Ambient Air
Quality Standard. These areas are as follows: portions of York and
Cumberland Counties; portions of Androscoggin County and all of Kennebec
County; portions of Knox and Lincoln Counties; and portions of Hancock
and Waldo Counties. These maintenance plans were submitted to EPA on
August 3, 2006.
(j) Approval. EPA is approving an exemption request from the
nitrogen oxides (NOx) requirements contained in Section 182(f) of the
Clean Air Act for the entire state of Maine for purposes of the 2008
ozone National Ambient Air Quality Standard. The exemption request was
submitted by the Maine Department of Environmental Protection on October
13, 2012. This approval exempts, for purposes of the 2008 ozone
standard, major sources of nitrogen oxides in Maine from:
(1) The requirement to implement controls meeting reasonably
available control technology (RACT) for NOX; and
(2) Nonattainment area new source review requirements for major new
and
[[Page 25]]
modified sources as they apply to emissions of NOX.
[60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995; 71
FR 5794, Feb. 3, 2006; 71 FR 14816, Mar. 24, 2006; 71 FR 71490, Dec. 11,
2006; 73 FR 5101, Jan. 29, 2008; 79 FR 43955, July 29, 2014]
Sec. 52.1024 Attainment dates for national standards.
The following table presents the latest dates by which the national
standards are to be attained.
Attainment Dates Established by Clean Air Act of 1990
----------------------------------------------------------------------------------------------------------------
Pollutant
-------------------------------------------------------
Air quality control region and nonattainment area SO2
-------------------- PM-10 NO2 CO O3
Primary Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 107:
Androscoggin County................................. (\a\) (\b\) (\a\) (\a\) (\a\) (\g\)
Kennebec County..................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\)
Knox County......................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\)
Lincoln County...................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\)
Waldo County........................................ (\a\) (\b\) (\a\) (\a\) (\a\) (\d\)
Oxford Cnty. (Part) See 40 CFR 81.320............... (\a\) (\b\) (\a\) (\a\) (\a\) (\e\)
Franklin Cnty. (Part) See 40 CFR 81.320............. (\a\) (\b\) (\a\) (\a\) (\a\) (\e\)
Somerset Cnty. (Part) See 40 CFR 81.320............. (\a\) (\b\) (\a\) (\a\) (\a\) (\e\)
AQCR 108:
Aroostook Cnty. (Part) See 40 CFR 81.320............ (\a\) (\b\) (\c\) (\a\) (\a\) (\a\)
Remainder of AQCR................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\a\)
AQCR 109:
Hancock County...................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\d\)
Millinocket......................................... (\e\) (\e\) (\a\) (\a\) (\a\) (\a\)
Remainder of AQCR................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\a\)
AQCR 110:
York County......................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\)
Cumberland County................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\)
Sagadahoc County.................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\)
Oxford Cnty. (Part) See 40 CFR 81.320............... (\a\) (\b\) (\a\) (\a\) (\a\) (\e\)
AQCR 111................................................ (\a\) (\b\) (\a\) (\a\) (\a\) (\a\)
----------------------------------------------------------------------------------------------------------------
\a\ Air quality levels presently below primary standards or area is unclassifiable.
\b\ Air quality levels presently below secondary standards or area is unclassifiable.
\c\ 12/31/94.
\d\ 11/15/94 (one-year extension granted).
\e\ 11/15/95.
\g\ 11/15/96.
[60 FR 33352, June 28, 1995]
Sec. 52.1025 Control strategy: Particulate matter.
(a) The revisions to the control strategy resulting from the
modification to the emission limitations applicable to the sources
listed below or resulting from the change in the compliance date for
such sources with the applicable emission limitation is hereby approved.
All regulations cited are air pollution control regulations of the State
unless otherwise noted. (See Sec. 52.1023 for compliance schedule
approvals and disapprovals pertaining to one or more of the sources
below.)
------------------------------------------------------------------------
Regulation Date of
Source Location involved adoption
------------------------------------------------------------------------
All sources subject to Maine.......... 100.3.1(b)..... 3/29/73
Regulation 100.3.1(b) with
a maximum heat input from
three million up to but not
including ten million Btu
per hour.
------------------------------------------------------------------------
(b) The revision to the incinerator particulate emission standard
submitted on August 26, 1976 is disapproved because of provisions
therein which would interfere with the attainment and maintenance of
national ambient air quality standards.
[[Page 26]]
(c) The revision to the incinerator particulate emission standard
submitted on November 18, 1976 is disapproved because of provisions
therein which would interfere with the attainment and maintenance of
national ambient air quality standards.
(d) The revision to the open burning regulation submitted on
December 7, 1976 is disapproved because of provisions therein which
would interfere with the attainment and maintenance of national ambient
air quality standards.
[38 FR 22474, Aug. 21, 1973, as amended at 43 FR 14964, Apr. 10, 1978;
43 FR 15424, Apr. 13, 1978; 47 FR 6830, Feb. 17, 1982]
Sec. 52.1026 Review of new sources and modifications.
The program to review operation and construction of new and modified
major stationary sources in non-attainment areas is approved as meeting
the requirements of part D as amended by the CAAA of 1990.
[45 FR 10775, Feb. 19, 1980, as amended at 61 FR 5694, Feb. 14, 1996]
Sec. 52.1027 Rules and regulations.
(a) Part D--Conditional Approval.
(b) Non-Part D--No Action. EPA is neither approving nor disapproving
the following elements of the revisions identified in Sec.
52.1020(C)(10):
(1) Intergovernmental consultation.
(2) Interstate pollution notification requirements.
(3) Public notification requirements.
(4) Conflict of Interest requirements.
(5) Permit fees.
[45 FR 10775, Feb. 19, 1980, as amended at 45 FR 59314, Sept. 9, 1980]
Sec. 52.1028 [Reserved]
Sec. 52.1029 Significant deterioration of air quality.
The program to review operation and construction of new and modified
major stationary sources in attainment areas is approved as meeting the
requirements of Part C.
[45 FR 6786, Jan. 30, 1980]
Sec. 52.1030 Control strategy: Sulfur oxides.
(a) The revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel
Regulation'' for the Metropolitan Portland Air Quality Control Region,
submitted by the Governor of Maine on August 25, 1977, is approved with
the exception of paragraph 100.6.5(b) which allows the Commissioner of
the Department of Environmental Protection to grant variances to
Regulation 100.6.
[47 FR 948, Jan. 8, 1982]
Sec. 52.1031 EPA-approved Maine regulations.
The following table identifies the State regulations which have been
submitted to and approved by EPA as revisions to the Maine State
Implementation Plan. This table is for informational purposes only and
does not have any independent regulatory effect. To determine regulatory
requirements for a specific situation consult the plan identified in
Sec. 52.1020. To the extent that this table conflicts with Sec. Sec.
52.1020, 52.1020 governs.
Table 52.1031--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Date Date
State Title/Subject adopted by approved Federal Register 52.1020
citation State by EPA citation
----------------------------------------------------------------------------------------------------------------
Chapter:
1........ Regulations for 02/08/84 03/23/93 58 FR 15430...... (c)(26)... Portions of chapter 1.
the Processing
of
Applications..
100...... ................ 5/7/79 1/3/80 45 FR 6784....... (c)(10)... PSD Plan Only.
100...... Definitions 12/24/79 2/19/80 45 FR 10766...... (c)(11)...
Regulations.
2/6/80
[[Page 27]]
100...... Definitions..... 10/3/89 3/23/93 58 FR 15430...... (c)(26)... All except for the
definition of VOC in
chapter 100(76). Note
that this definition is
approved in another
paragraph below. In
addition, Maine withdrew
the definition of fuel
burning equipment in
chapter 100(29) from its
SIP submittal. This
definition is approved in
another paragraph below.
................ .......... .......... ................. (c)(27)... Approval of definition of
VOC in chapter 100(76)
only.
100...... Definitions 11/26/91 6/21/93 58 FR 33768...... (c)(31)... Revised ``volatile organic
Regulations. compound (VOC)'' and
``federally
enforceable.'' Added
``particulate matter
emissions'' and ``PM10
emissions.''
100...... Definitions..... 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Changes to the following
definitions: Actual
emissions, baseline
concentration and fuel
burning equipment in
Chapter 100(1), (9), and
(29).
100...... Definitions..... 1/6/93 6/17/94 59 FR 31157...... (c)(33)... Revised to add definitions
associated with VOC RACT
rules.
100...... Definitions..... 11/10/93 1/10/95 60 FR 2526....... (c)(34)... Revised to add definitions
associated with emission
statement rules.
100...... Definitions..... 6/22/94 6/29/95 60 FR 33734...... 36........ Gasoline marketing
definitions added
100...... Definitions 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D
Regulation. NSR and other CAAA
requirements.
100...... Definitions..... 7/19/95 10/15/96 61 FR 53639...... (c)(42)... Definition of ``VOC''
revised.
100...... Definitions..... 12/1/2005 11/21/07 72 FR 65462...... (c)(62)... Revised to add definitions
associated with SIP
submittals made between 7/
19/95 and 12/1/05.
101...... Visible 10/10/79 2/17/82 47 FR 6829....... (c)(17)...
Emissions.
102...... Open Burning.... 1/31/72 5/31/72 37 FR 10842...... (b).......
102...... Open Burning.... 3/17/05 2/21/08 73 FR 9459....... (c)(61)...
103...... Fuel Burning 1/31/72 5/31/72 37 FR 10842...... (b).......
Equipment
Particulate
Emission
Standard.
1/24/83 2/26/85 50 FR 7770....... (c)(19)...
104...... Incinerator 1/31/72 5/31/72 37 FR 10842...... (b).......
Particulate
Emission
Standard.
105...... General Process 1/31/72 5/31/72 37 FR 10842...... (b).......
Source
Particulate
Emission
Standard.
106...... Low Sulfur Fuel. 1/31/72 5/31/72 37 FR 10842...... (b).......
2/08/78 1/8/82 47 FR 947........ (c)(15)... Revised limits for
Portland Peninsula only.
107...... Sulfur Dioxide 1/31/72 5/31/72 37 FR 10842...... (b).......
Emission
Standards for
Sulfite Pulp
Mills.
109...... Emergency 1/31/72 5/31/72 37 FR 10842...... (b).......
Episode
Regulation.
109...... Emergency 8/14/91 1/12/95 60 FR 2887....... (c)(28)... Revisions which
Episode incorporate the PM10
Regulation. alert, warning, and
emergency levels.
110...... Ambient Air 5/7/79 1/30/80 45 FR 6784....... (c)(10)...
Quality
Standards.
[[Page 28]]
110...... Ambient Air 10/25/89 3/23/93 58 FR 15430...... (c)(26)... All of chapter 110 except
Quality for chapter 110(2) which
Standards. is approved in another
paragraph, below. Note
that Maine did not submit
its Chromium standard in
chapter 110(12) for
approval.
................ .......... .......... ................. (c)(27)... Chapter 110(2) only.
110...... Ambient Air 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Addition of NO2 increments
Quality for class I and II areas
Standards. in Chapter 110(10). Note
that class III increment
in Chapter 110(10)(C)(3)
is not part of submittal.
110...... Ambient Air 7/24/96 3/22/04 69 FR 13231...... (c)(52)... Adopts PSD increments
Quality based on PM10, in place
Standards. of increments based on
TSP.
111...... Petroleum Liquid 5/7/79 2/19/80 45 FR 10766...... (c)(11)...
Storage Vapor
Control.
9/27/89 2/3/92 57 FR 3948....... (c)(30)...
112...... Petroleum 2/19/80 45 FR 10766...... (c)(11)...
Liquids
Transfer
Recovery.
5/7/79 3/5/82 47 FR 9462....... (c)(16)... Irving Oil, Searsport
exempted.
7/22/86 2/2/87 52 FR 3117....... (c)(22)... Bulk Gasoline Terminal
Test methods.
5/22/91 2/3/92 57 FR 3948....... (c)(30)... The exemption for Irving
Oil Corporation in
Searsport, Maine
incorporated by reference
at 40 CFR 52.1020(c)(16)
is removed.
112...... Petroleum 6/22/94 6/29/95 60 FR 33734...... 36........ Deleted exemption for tank
liquids trucks less than 3500
transfer gallons.
recover.
112...... Gasoline Bulk 7/19/95 10/15/96 61 FR 53639...... (c)(42)... Emission limit lowered
Terminals. from 80 mg/l to 35 mg/l.
113...... Growth Offset 5/7/79 2/19/80 45 FR 10766...... (c)(11)... Part of New Source Review
Regulation. program.
12/18/85 12/23/86 51 FR 45886...... (c)(21)... Deletes Thomaston.
113...... Growth Offset 10/25/89 3/23/93 58 FR 15430...... (c)(26)...
Regulation.
113...... Growth Offset 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Change to Chapter
Regulation. 113(II)(A) to include
NO2.
113...... Growth Offset 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D
Regulation. NSR requirements.
114...... Classification 5/7/79 1/30/80 45 FR 6874....... (c)(10)...
of Air Quality
Control Regions.
114...... Designation of 10/25/89 3/23/93 58 FR 15430...... (c)(26)... All except for chapter
Air Quality 114(11) and (111) which
Control Regions. are approved in another
paragraph below.
................ .......... .......... ................. (c)(27)... Chapter 114(11)and (111)
only.
114...... Classification 4/27/94 Aug. 30, 60 FR 45060...... (c)(40)... Revision to remove Presque
of Air Quality 1995 Isle as nonattainment for
Control Regions. PM10.
115...... Emission License 5/7/79 1/30/80 45 FR 6784....... (c)(10)... PSD
Regulation..
................ 12/24/79 2/19/80 45 FR 10766...... (c)(11)... New Source Review.
................ 10/25/89 3/23/93 58 FR 15430...... (c)(26)... Note Maine did not submit
references to
nonregulated pollutants
for approval. Also note
that this chapter was
formerly chapter 108.
[[Page 29]]
115...... Emission License 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Changes to Chapter
Regulation. 115(I)(B), (VII)(A),
VII)(B)(3), and
(VII)(D)(3) to remove
Chapter 108 and to
incorporate NO2
increments requirements.
115...... Emission License 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D
Regulation. NSR and other CAAA
requirements.
116...... Prohibited 10/25/89 3/23/93 58 FR 15430...... (c)(26)...
Dispersion
Techniques..
117...... Source 8/9/88 3/21/89 54 FR 11525...... 24........
Surveillance.
118...... Gasoline 6/22/94 6/29/95 60 FR 33734...... 36........
Dispensing
Facilities.
................ 7/19/95 10/15/96 61 FR 53639...... (c)(43)... Stage II vapor recovery
requirements added.
119...... Motor Vehicle 6/1/00 3/6/02 67 FR 10100...... (c)(49)... Controls fuel volatility
Fuel Volatility in the State. 7.8 psi RVP
Limit. fuel required in 7
southern counties.
120...... Gasoline Tank 6/22/94 6/29/95 60 FR 33734...... 35........
Trucks.
123...... Paper Coater 9/27/89 2/3/92 57 FR 3949....... (c)(30)... The operating permits for
Regulation. S.D. Warren of Westbrook,
Eastern Fine Paper of
Brewer, and Pioneer
Plastics of Auburn
incorporated by reference
at 40 CFR Sec. 52.1020
(c)(11), (c)(11), and
(c)(18), respectively,
are withdrawn.
126...... Capture 5/22/91 3/22/93 58 FR 15282...... (c)(32)...
Efficiency Test
Procedures.
127...... New Motor 12/31/00 4/28/05 70 FR 21962...... (c)(58)... Low emission vehicle
Vehicle program, with no ZEV
Emission requirements. Program
Standards. achieves 90% of full LEV
benefits.
129...... Surface coating 1/6/93 6/17/94 59 FR 31157...... (c)(33)... Includes surface coating
Facilities. of: Cans, fabric, vinyl,
metal furniture, flatwood
paneling, and
miscellaneous metal parts
and products.
130...... Solvent 1/6/93 6/17/94 59 FR 31157...... (c)(33)...
Degreasers.
130...... Solvent Cleaners 6/17/04 5/26/05 70 FR 30369...... (c)(54)...
131...... Cutback and 1/6/93 6/17/94 59 FR 31157...... (c)(33)...
Emulsified
Asphalt.
132...... Graphic Arts: 1/6/93 6/17/94 59 FR 31157...... (c)(33)...
Rotogravure and
Flexography.
133...... Gasoline Bulk 6/22/94 6/29/95 60 FR 33734...... 36........
Plants.
134...... Reasonably 2/8/95 4/18/00 65 FR 20753...... (c)(45)... Regulation fully approved
Available for the following
Control counties: York,
Technology for Sagadahoc, Cumberland,
Facilities that Androscoggin, Kennebec,
Emit Volatile Knox, Lincoln, Hancock,
Organic Waldo, Aroostook,
Compounds. Franklin, Oxford, and
Piscataquis. Regulation
granted a limited
approval for Washington,
Somerset, and Penobscot
Counties.
134...... Reasonably 2/25/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available JJ Nissen Baking Company.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
[[Page 30]]
134...... Reasonably 7/23/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available 10/27/97 Prime Tanning.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 7/25/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available Portsmouth Naval
Control Shipyard.
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 12/5/96 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available 10/20/97 Dexter Shoe.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 6/16/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available Pioneer Plastics.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 1/4/96 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available Georgia Pacific.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 1/18/96 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available Champion International.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 10/4/95 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available 12/13/95 International Paper.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 12/8/95 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available James River.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 12/18/95 4/18/00 65 FR 20754...... (c)(45)... VOC RACT determination for
Available Lincoln Pulp and Paper.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 12/18/95 4/18/00 65 FR 20754...... (c)(45)... VOC RACT determination for
Available SD Warren Paper Company's
Control Westbrook, Maine
Technology for facility.
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 10/4/95 4/18/00 65 FR 20754...... (c)(45)... VOC RACT determination for
Available 1/9/96 SD Warren Paper Company's
Control Skowhegan, Maine
Technology for facility.
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 12/20/95 4/18/00 65 FR 20754...... (c)(45)... VOC RACT determination for
Available Boise Cascade.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 4/11/01 5/20/02 67 FR 35441 (c)(51)... VOC RACT determination for
available Bath Iron Works.
control
technology for
facilities that
emit volatile
organic
compounds.
134...... Reasonably 4/26/01 5/20/02 67 FR 35441...... (c)(51) VOC RACT determination for
available 7/2/01 Pratt & Whitney.
control
technology for
facilities that
emit volatile
organic
compounds.
[[Page 31]]
134...... Reasonably 5/10/01 5/20/02 67 FR 35441...... (c)(51) VOC RACT determination for
available Moosehead Manufacturing's
control Dover-Foxcroft plant.
technology for
facilities that
emit volatile
organic
compounds.
Reasonably 5/10/01 5/20/02 67 FR 35441...... (c)(51) VOC RACT determination for
available Moosehead Manufacturing's
control Monson plant.
technology for
facilities that
emit volatile
organic
compounds.
137...... Emission 12/17/04 11/21/07 72 FR 65462...... (c)(62)... Revised to incorporate
Statements. changes required by EPA's
consolidated emissions
reporting rule. The
entire rule is approved
with the exception of HAP
and greenhouse gas
reporting requirements
which were not included
in the state's SIP
revision request.
138...... Reasonably 8/3/94 December 60 FR 66755...... (c)(41)... Affects sources only in
Available 26, 1995 Oxford, Franklin,
Control Somerset, Piscataquis,
Technology For Penobscot, Washington,
Facilities That Aroostook, Hancock and
Emit Nitrogen Waldo Counties (excepted
Oxides. portions of rule include
Sections 1.A.1. and
3.B.).
138...... NOX RACT........ 8/3/94 9/9/02 67 FR 57154...... (c)(46)... Affects sources in York,
Cumberland, Sagadahoc,
Androscoggin, Kennebec,
Lincoln, and Knox
counties.
138...... NOX RACT........ 5/18/95 & 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
2/16/96 FPL Energy's (formerly
Central Maine Power) W.F.
Wyman Station.
138...... NOX RACT........ 6/16/95 & 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
6/12/96 Tree Free Fiber Company,
LLC. (formerly Statler
Tissue).
138...... NOX RACT........ 8/23/95 & 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
3/10/97 Pioneer Plastics
Corporation.
138...... NOX RACT........ 11/15/95 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
Scott Paper Company.
138...... NOX RACT........ 1/18/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
Chinet Company.
138...... NOX RACT........ 2/7/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
FMC Corporation--Food
from Ingredients
Division.
138...... NOX RACT........ 6/5/96 & 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX FR RACT
3/5/97 for Dragon Products
Company, Inc.
138...... NOX RACT........ 6/12/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
S.D. Warren Company.
138...... NOX RACT........ 10/16/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
Mid-Maine Waste Action
Corporation.
138...... NOX RACT........ 10/21/96 & 9/9/92 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
7/25/97 Portsmouth Naval
Shipyard.
138...... NOX RACT........ 11/12/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
Maine Energy Recovery
Company.
139...... Transportation 9/19/07 2/08/08 73 FR 7465....... (c) 64....
Conformity.
141...... Conformity of 9/11/96 9/23/97 62 FR 49611...... (c)(44)... ``Chapter 141: Conformity
General Federal of General Federal
Actions. Actions''.
[[Page 32]]
141........ Conformity of 4/19/07 2/20/08 73 FR 9203....... (c)(63)... Amendment to incorporate
General Federal new fine particulate
Actions. matter provisions.
145...... NOX Control 6/21/01 4/10/05 70 FR 11882...... (c)(56)...
Program.
148...... Emissions from 7/15/04 5/26/05 70 FR 30376...... (c)(55)...
Smaller-Scale
Electric
Generating
Resources.
151...... Architectural 10/06/05 3/17/06 71 FR 13767...... (c)(59)...
and Industrial
Maintenance
(AIM) Coatings.
152...... Control of 8/19/04 10/24/05 70 FR 61384...... (c)(57)...
Emissions of
Volatile
Organic
Compounds from
Consumer
Products.
153...... Mobile Equipment 2/5/04 5/26/05 70 FR
Repair and 30369(c)(54).
Refinishing.
155...... Portable Fuel 6/3/04 2/7/05 70 FR 6354....... (c)(53)... All of Chapter 155 is
Container approved with the
Spillage exception of the word
Control. ``or'' in Subsection 7C
which Maine did not
submit as part of the SIP
revision.
``Vehicle Vehicle 7/9/98 1/10/01 66 FR 1875....... (c)(48)... Maine Motor Vehicle
I/M''. Inspection and Inspection Manual,''
Maintenance. revised in 1998, pages 1-
12 through 1-14, and page
2-14, D.1.g. Also,
Authorizing legislation
effective July 9, 1998
and entitled L.D. 2223,
``An Act to Reduce Air
Pollution from Motor
Vehicles and to Meet
Requirements of the
Federal Clean Air Act.''
----------------------------------------------------------------------------------------------------------------
Note. 1. The regulations are effective statewide unless stated otherwise in comments section.
(Secs. 110(a) and 301(a) of the Clean Air Act, as amended (42 U.S.C.
7410(a) and 7601(a)))
[50 FR 3336, Jan. 24, 1985]
Editorial Note: For Federal Register citations affecting Sec.
52.1031, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1033 Visibility protection.
(a)-(c) [Reserved]
[52 FR 45138, Nov. 24, 1987, as amended at 58 FR 15431, Mar. 23, 1993;
82 FR 3129, Jan. 10, 2017]
Sec. 52.1034 Stack height review.
The State of Maine has declared to the satisfaction of EPA that no
existing emission limitations have been affected by stack height credits
greater than good engineering practice or any other prohibited
dispersion techniques as defined in EPA's stack height regulations as
revised on July 8, 1985. Such declarations were submitted to EPA on
December 17, 1985; May 30, 1986; October 2, 20, and 24, 1986; August 6,
1987; September 8 and 30, 1988.
[54 FR 8190, Feb. 27, 1989]
Sec. 52.1035 Requirements for state implementation plan revisions
relating to new motor vehicles.
Maine must comply with the requirements of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
[[Page 33]]
Sec. 52.1036 Emission inventories.
(a) The Governor's designee for the State of Maine submitted 1990
base year emission inventories for the Knox and Lincoln Counties area,
the Lewiston and Auburn area, the Portland area, and the Hancock and
Waldo Counties area on July 25, 1995 as a revision to the State
Implementation Plan (SIP). An amendment to the 1990 base year emission
inventory for the Portland area was submitted on June 9, 2005. The 1990
base year emission inventory requirement of section 182(a)(1) of the
Clean Air Act, as amended in 1990, has been satisfied for these areas.
(b) The inventory is for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventory
covers point, area, non-road mobile, on-road mobile, and biogenic
sources.
(c) The Knox and Lincoln Counties nonattainment area is classified
as moderate. The Lewiston and Auburn nonattainment area is classified as
moderate and consists of Androscoggin and Kennebec Counties. The
Portland nonattainment area is classified as moderate and consists of
Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties
nonattainment area is classified as attainment.
(d) The Governor's designee for the State of Maine submitted 1993
periodic year emission inventories for the Hancock and Waldo Counties
area on May 13, 1996 as a revision to the State Implementation Plan
(SIP). The 1993 periodic year emission inventory requirement of section
182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied
for the Hancock and Waldo counties area.
(e) On June 24, 1997, the Maine Department of Environmental
Protection submitted a revision to establish explicit year 2006 motor
vehicle emissions budgets [6.44 tons per summer day of VOC, and 8.85
tons per summer day of NOX] for the Hancock and Waldo
counties ozone maintenance area to be used in determining transportation
conformity.
(f) The Governor's designee for the State of Maine submitted a 2002
base year emission inventory for Cumberland, Sagadahoc, and York
counties, to represent emissions for the Portland 8-hour ozone
nonattainment area on June 9, 2005, as a revision to the State
Implementation Plan (SIP). The 2002 base year emission inventory
requirement of 40 CFR 51.915 has been satisfied for this area.
[62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997; 71
FR 14816, Mar. 24, 2006]
Sec. 52.1037 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Maine'' and all revisions submitted by Maine that were
federally approved prior to September 1, 2008.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous non-regulatory changes to the plan submitted on
March 17, 1972, by the Environmental Improvement Commission for the
State of Maine.
(2) Regulation 10.8.4(g) establishing compliance schedules for
sources in Maine submitted on July 28, 1972, by the Environmental
Improvement Commission for the State of Maine.
(3) A revision removing fuel burning sources with a maximum heat
input from three million up to 10 million BTU/hr from the particulate
matter control strategy submitted on March 29, 1973, by the Governor.
(4) Changes in the Open Burning Regulation 100.2 submitted on
September 4, 1973, by the State of Maine Department of Environmental
Protection.
(5) An AQMA proposal submitted on June 26, 1974, by the Governor.
(6) Revision to incinerator particulate emission standard, submitted
on August 26, 1976 by the Commissioner of the Maine Department of
Environmental Protection, which would exempt woodwaste cone burners from
the plan until 1980.
(7) Revision to incinerator particulate emission standard, submitted
on November 18, 1976 by the Commissioner of the Maine Department of
Environmental Protection, which would exempt municipal waste cone
burners from the plan.
[[Page 34]]
(8) Revision to open burning regulation submitted on December 7,
1976 by the Commissioner of the Maine Department of Environmental
Protection.
(9) Revisions to Chapter 5--State Implementation Plan Air Quality
Surveillance, and Chapter 6--Revision of New Sources and Modifications,
submitted by the Governor on March 10, 1978.
(10) Plans to meet various requirements of the Clean Air Act,
including Part C, were submitted on May 1, 1979, October 26, 1979 and
December 20, 1979. Included in the revisions is a plan for review of
construction and operation of new and modified major stationary sources
of pollution in attainment areas.
(11) Attainment plans to meet the requirements of Part D and the
Clean Air Act, as amended in 1977, were submitted on May 1, 1979;
October 26, 1979; December 20, 1979; July 9, 1980; July 31, 1980;
December 18, 1980; March 17, 1981. Included are plans to attain: The
secondary TSP standard for Augusta, Thomaston, Bangor and Brewer; the
primary and secondary SO2 standard for Millinocket; the
carbon monoxide standard for Lewiston and Bangor and the ozone standard
for AQCRS 107 and 110. A program was also submitted for the review of
construction and operation of new and modified major stationary sources
of pollution in non-attainment areas. Certain miscellaneous provisions
are also included.
(12) A plan to provide for public involvement in federally funded
air pollution control activities was submitted on May 28, 1980.
(13) Revisions to Chapter 5--State Implementation Plan--Air Quality
Surveillance, intended to meet requirements of 40 CFR part 58, were
submitted by the Commissioner of the Maine Department of Environmental
Protection on July 1, 1980.
(14) Revisions to attain and maintain the NAAQS for lead were
submitted on August 7, and November 5, 1980.
(15) A revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel
Regulation'' for the Metropolitan Portland Air Quality Control Region,
submitted by the Governor of Maine on August 25, 1977.
(16) Department Regulation Chapter 112, Petroleum Liquid Transfer
Vapor Recovery, is amended to exempt the town of Searsport, Maine from
this regulation. This amendment was submitted by Henry E. Warren,
Commissioner of the Department of Environmental Protection on October
23, 1981, in order to meet Part D requirements for ozone.
(17) Regulatory revisions to the plan containing changes to Chapter
101 ``Visible Emissions Regulation'' submitted August 7, 1980.
(18) On May 12, 1982 and February 11, 1983 the Maine Department of
Environmental Protection submitted an emission limit contained in an air
emissions license which requires Pioneer Plastics, Auburn, Maine to
reduce its volatile organic compound emissions by at least 85%.
(19) On January 11, 1983 and March 29, 1984 and December 4, 1984 the
Maine Department of Environmental Protection submitted revisions to
Chapter 103 ``Fuel Burning Equipment Particulate Emission Standard.''
(20) A plan to attain the primary TSP standard in Lincoln,
consisting of particulate emission limitations contained in an air
emission license issued to the Lincoln Pulp and Paper Company, Inc.,
submitted by the Commissioner of the Maine Department of Environmental
Protection on December 18, 1984.
(21) A revision to approve the deletion of Thomaston from the list
of applicable municipalities in Maine regulation 29 M.R.S.A. Chapter
113, submitted by the Commissioner on February 20, 1986.
(22) Revision to federally-approved regulation Chapter 112,
Petroleum Liquids Transfer Vapor Recovery [originally approved on
February 19, 1980, see paragraph (c)(11), of this section, was submitted
on August 4, 1986, by the Department of Environmental Protection.
(i) Incorporation by reference.
(A) Regulation Chapter 112(6), Emission Testing, is amended by
incorporating test methods and procedures as stated in 40 CFR part 60,
subpart XX, Sec. 60.503 to determine compliance with emission standards
for volatile organic compound emissions from bulk gasoline terminals.
This revision to
[[Page 35]]
Regulation Chapter 112(6) became effective on July 22, 1986 in the State
of Maine.
(ii) Additional material. The nonregulatory portions of the state
submittals.
(23) [Reserved]
(24) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 22, 1988.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated August 19, 1988 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 117 of the Maine Department of Environmental Protection
Air Regulations entitled, ``Source Surveillance,'' effective in the
State of Maine on August 9, 1988.
(ii) Additional material.
(A) Nonregulatory portions of the state submittal.
(25) Revisions to the Maine State Implementation Plan (SIP) for
ozone submitted on February 14, 1989 and May 3, 1989 by the Maine
Department of Environmental Protection (DEP) for its state gasoline
volatility control program, including any waivers under the program that
Maine may grant. The control period will begin May 1, 1990.
(i) Incorporation by reference. Maine Department Regulation chapter
119, Rules and Regulations of the State of Maine, entitled ``Motor
Vehicle Fuel Volatility Limit,'' adopted August 10, 1988, amended
Septemter 27, 1989 and effective October 25, 1989.
(26) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 27, 1989.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated October 27, 1989 submitting revisions to the Maine State
Implementation Plan.
(B) Chapter 100 of the Maine Department of Environmental
Protection's Air Regulations entitled ``Definitions Regulations,''
except for the definition of volatile organic compounds in Chapter
100(76) which is being incorporated by reference in 40 CFR
52.1020(c)(27). This regulation was effective in the State of Maine on
October 3, 1989. Note, the definition of fuel burning equipment in
Chapter 100(29) is not part of Maine's submittal.
(C) Chapter 110 except for Chapter 110(2) which is being
incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 113, Chapter
114 except for Chapter 114(II) and (III) which are being incorporated by
reference in 40 CFR 52.1020(c)(27), Chapter 115, and Chapter 116 of the
Maine Department of Environmental Protection's Air Regulations entitled,
``Ambient Air Quality Standards,'' ``Growth Offset Regulation,''
``Classification of Air Quality Control Regions,'' ``Emission License
Regulations,'' and ``Prohibited Dispersion Techniques,'' respectively.
These regulations were effective in the State of Maine on October 25,
1989. Chapter 108, originally approved on January 30, 1980 and February
19, 1980 in paragraphs (c)(10) and (c)(11) of this section, is being
withdrawn and replaced with Chapter 115.
(D) Portions of Chapter 1 entitled ``Regulations for the Processing
of Applications,'' effective in the State of Maine on February 8, 1984.
(ii) Additional materials.
(A) A State Implementation Plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Letter dated May 1, 1989 from the Maine Department of
Environmental Protection regarding implementation of BACT.
(C) Nonregulatory portions of the state submittal.
(27) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 31, 1989.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated October 31, 1989 submitting revisions to the Maine State
Implementation Plan.
(B) The definition of volatile organic compounds in Chapter 100(76)
of the Maine Department of Environmental Protection's ``Definitions
Regulations'' effective in the State of Maine on October 3, 1989.
(C) Chapter 110(2) and Chapter 114 (II) and (III) of the Maine
Department of
[[Page 36]]
Environmental Protection's ``Ambient Air Quality Standards'' and
``Classification of Air Quality Control Regions'' Regulations effective
in the State of Maine on October 25, 1989. Note that Millinocket remains
designated as a nonattainment area for SO2 until redesignated
at 40 CFR 51.320.
(ii) Additional materials.
(A) A State Implementation Plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Nonregulatory portions of the state submittal.
(28) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 14 and October
22, 1991.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated August 14 and October 22, 1991 submitting revisions to the Maine
State Implementation Plan.
(B) Revisions to Chapter 109 of the Maine Department of
Environmental Protection Regulations, ``Emergency Episode Regulations,''
effective in the State of Maine on September 16, 1991.
(C) Part B of the Memorandum of Understanding which the Maine
Department of Environmental Protection (DEP) entered into (and
effective) on March 11, 1991, with the City of Presque Isle, and the
Maine Department of Transportation.
(ii) Additional materials.
(A) An attainment plan and demonstration which outlines Maine's
control strategy for attainment of the PM10 NAAQS and implements and
meets RACM and RACT requirements for Presque Isle.
(B) Nonregulatory portions of the submittal.
(29) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 16, 1990, September
5, 1990, and November 2, 1990.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated July 16, 1990, September 5, 1990, and November 2, 1990, submitting
revisions to the Maine State Implementation Plan.
(B) The definitions of actual emissions, baseline concentration, and
fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of Maine's
``Definitions Regulation,'' Chapter 110(10) (except for Chapter
110(10)(C)(3)) of Maine's ``Ambient Air Quality Standards Regulation,''
Chapter 113(II)(A) of Maine's ``Growth Offset Regulation,'' and Chapter
115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's ``Emission
License Regulations,'' effective in the State of Maine on July 10, 1990.
Note that the revised state statute which contains the underlying
authority to implement the NO2 increments became effective on
July 14, 1990.
(ii) Additional materials.
(A) A state implementation plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Nonregulatory portions of the state submittal.
(30) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on September 29, 1989,
December 5, 1989 and June 3, 1991.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated September 29, 1989, and June 3, 1991 submitting a revision to the
Maine State Implementation Plan.
(B) Chapter 111 ``Petroleum Liquid Storage Vapor Control'' and
Chapter 123 ``Paper Coater Regulation,'' effective in the state of Maine
on October 3, 1989.
(C) Chapter 112 ``Petroleum Liquid Transfer Vapor Recovery,''
effective in the State of Maine on June 9, 1991.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated June 3, 1991 documenting the December 1990 survey conducted to
satisfy the 5 percent demonstration requirement in order to justify the
3500 gallon capacity cut-off in chapter 112.
(B) Letter from the Maine Department of Environmental Protection
dated December 5, 1989 requesting the withdrawal of operating permits
for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer
[[Page 37]]
Plastics of Auburn incorporated by reference at 40 CFR 52.1020 (c)(11)
and (c)(18).
(C) Nonregulatory portions of the submittal.
(31) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on April 20, 1992.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated April 8, 1992 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 100(54)(b) ``particulate matter emissions,'' Chapter
100(57)(b) ``PM10 emissions,'' and revisions to Chapter
100(28) ``federally enforceable'' and to Chapter 100(76) ``volatile
organic compound (VOC)'' effective in the State of Maine on January 18,
1992.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(32) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 5, 1991.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated June 3, 1991 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 126 of the Maine Department of Environmental Protection
Regulations, ``Capture Efficiency Test Procedures'' effective in the
State of Maine on June 9, 1991.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(33) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on January 8, 1993.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated January 8, 1993, submitting a revision to the Maine State
Implementation Plan.
(B) Revised Chapter 100 of the Maine Department of Environmental
Protection Regulations, ``Definitions'' effective in the State of Maine
on February 10, 1993.
(C) Chapter 129 of the Maine Department of Environmental Protection
Regulations, ``Surface Coating Facilities'' effective in the State of
Maine on February 10, 1993.
(D) Chapter 130 of the Maine Department of Environmental Protection
Regulations, ``Solvent Degreasers'' effective in the State of Maine on
February 10, 1993.
(E) Chapter 131 of the Maine Department of Environmental Protection
Regulations, ``Cutback and Emulsified Asphalt'' effective in the State
of Maine on February 10, 1993.
(F) Chapter 132 of the Maine Department of Environmental Protection
Regulations, ``Graphic Arts--Rotogravure and Flexography'' effective in
the State of Maine on February 10, 1993.
(G) Appendix A ``Volatile Organic Compounds Test Methods and
Compliance Procedures'' incorporated into Chapters 129 and 132 of the
Maine Department of Environmental Protection Regulations, effective in
the State of Maine on February 10, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(34) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on January 3, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated January 3, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Revised Chapter 100 of the Maine Department of Environmental
Protection Regulations, ``Definitions'' effective in the State of Maine
on December 12, 1993.
(ii) Additional Information.
(A) Nonregulatory portions of the submittal.
(35) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 3, 1991, November
25, 1991, and July 6, 1994.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated June 3, 1991, November 25, 1991, and July 6, 1994 submitting a
revision
[[Page 38]]
to the Maine State Implementation Plan.
(B) Chapter 120 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Tank Truck Tightness Self-Certification,''
effective in the State of Maine on July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(36) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 6, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 6, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 100 of the Maine Department of Environmental Protection
Regulations, ``Definitions,'' effective in the State of Maine on July
11, 1994, with the exception of the definitions of the following terms:
``curtailment,'' ``federally enforceable,'' ``major modification,'' ``
major source,'' ``nonattainment pollutant,'' ``shutdown,'' ``significant
emissions,'' and ``significant emissions increase.''
(C) Chapter 112 of the Maine Department of Environmental Protection
Regulations, ``Petroleum Liquids Transfer Vapor Recovery,'' effective in
the State of Maine on July 11, 1994.
(D) Chapter 118 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective
in the State of Maine on July 11, 1994.
(E) Chapter 133 of the Maine Department of Environmental Protection
Regulations, ``Petroleum Liquids Transfer Vapor Recovery at Bulk
Gasoline Plants,'' effective in the State of Maine on July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(37) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 12, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 5, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Maine's Chapter 100 entitled, ``Definition Regulations.'' This
regulation was effective in the State of Maine on July 11, 1994.
(C) Maine's Chapter 113 entitled, ``Growth Offset Regulation.'' This
regulation was effective in the State of Maine on July 11, 1994.
(D) Maine's Chapter 115 entitled, ``Emission License Regulation,''
except for Section 115(VII)(E) of this Chapter and all references to
this Section. This regulation was effective in the State of Maine on
July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(38) Revisions to the State Implementation Plan establishing a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program were submitted by the Maine Department of
Environmental Protection on July 7, and August 16, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 7, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Revisions to the State Implementation Plan for the Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program dated July 12, 1994 and effective on May 11, 1994.
(C) Letter from the Maine Department of Environmental Protection
dated August 16, 1994 submitting a corrected page to the July 12, 1994
SIP revision.
(39) [Reserved]
(40) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 1, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated June 1, 1994 submitting revisions to the Maine State
Implementation Plan.
(B) Revisions to Chapter 114 of the Maine Department of
Environmental Protection Regulations, ``Classification of Air Quality
Control Regions,'' adopted by the Board of Environmental
[[Page 39]]
Protection on April 27, 1994 and accepted by the Secretary of State with
an effective date of May 9, 1994.
(C) Revisions to Part B of the Memorandum of Understanding which the
Maine Department of Environmental Protection (DEP) entered into (and
effective) on May 25, 1994, with the City of Presque Isle, and the Maine
Department of Transportation.
(ii) Additional materials.
(A) A maintenance demonstration and contingency plan which outline
Maine's control strategy for maintenance of the PM10 NAAQS
and contingency measures and provision for Presque Isle.
(B) Nonregulatory portions of the submittal.
(41) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 5, 1994 related
to NOX controls in Oxford, Franklin, Somerset, Piscataquis,
Penobscot, Washington, Aroostook, Hancock and Waldo Counties.
(i) Incorporation by reference.
(A) A Letter from the Maine Department of Environmental Protection
dated August 5, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 138 of the Maine DEP's regulations, ``Reasonably
Available Control Technology for Facilities that Emit Nitrogen Oxides''
for sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot,
Washington, Aroostook, Hancock and Waldo Counties (excepted portions
include Sections 1.A.1. and 3.B.). This rule was effective August 3,
1994.
(42) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 24, 1995.
(i) Incorporation by reference.
(A) Two letters from the Maine Department of Environmental
Protection dated July 24, 1995 submitting revisions to the Maine State
Implementation Plan.
(B) Chapter 100 of the Maine Department of Environmental Protection
Regulations, ``Definitions Regulation,'' definition of ``volatile
organic compounds (VOC)'' effective in the State of Maine on July 25,
1995.
(C) Chapter 112 of the Maine Department of Environmental Protection
Regulations, ``Bulk Terminal Petroleum Liquid Transfer Requirements,''
effective in the State of Maine on July 25, 1995.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(43) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 24, 1995.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 24, 1995 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 118 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective
in the State of Maine on July 25, 1995.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated May 6, 1996.
(B) Nonregulatory portions of the submittal.
(44) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 11, 1996.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated October 11, 1996 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 141 of the Maine Department of Environmental Protection
Air Regulation entitled, ``Conformity of General Federal Actions,''
effective in the State of Maine on September 28, 1996.
(45) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on April 28, 1995, January
10, 1996, July 1, 1997, October 9, 1997, November 14, 1997, and December
10, 1997.
(i) Incorporation by reference.
(A) Chapter 134 of the Maine Department of Environmental Protection
regulations entitled ``Reasonably Available Control Technology for
Facilities that Emit Volatile Organic Compounds,'' effective in the
State of
[[Page 40]]
Maine on February 15, 1995, is granted a full approval for the following
counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, Knox,
Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and Piscataquis.
This rule is granted a limited approval for Washington, Somerset, and
Penobscot Counties.
(B) License Amendment 5 issued by the Maine Department of
Environmental Protection to Prime Tanning Company on July 23, 1997.
(C) License Amendment 6 issued by the Maine Department of
Environmental Protection to Prime Tanning Company on October 27, 1997.
(D) License issued by the Maine Department of Environmental
Protection to JJ Nissen Baking Company on February 25, 1997.
(E) License Amendment 4 issued by the Maine Department of
Environmental Protection to Portsmouth Naval Shipyard on July 25, 1997.
(F) License issued by the Maine Department of Environmental
Protection to Dexter Shoe Company on December 5, 1996.
(G) License Amendment 1 issued by the Maine Department of
Environmental Protection to Dexter Shoe Company on October 20, 1997.
(H) License Amendment 3 issued by the Maine Department of
Environmental Protection to Pioneer Plastics Corporation on June 16,
1997.
(I) License Amendment 10 issued by the Maine Department of
Environmental Protection to Georgia Pacific Corporation on January 4,
1996.
(J) License Amendment 5 issued by the Maine Department of
Environmental Protection to Champion International Corporation on
January 18, 1996.
(K) License Amendment 8 issued by the Maine Department of
Environmental Protection to International Paper Company on October 4,
1995.
(L) License Amendment 9 issued by the Maine Department of
Environmental Protection to International Paper Company on December 13,
1995.
(M) License Amendment 6 issued by the Maine Department of
Environmental Protection to James River Corporation on December 8, 1995.
(N) License Amendment 8 issued by the Maine Department of
Environmental Protection to Lincoln Pulp and Paper Co. on December 18,
1995.
(O) License Amendment 14 issued by the Maine Department of
Environmental Protection to S.D. Warren Paper Company's Westbrook, Maine
facility on December 18, 1995.
(P) License Amendment 14 issued by the Maine Department of
Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine
facility on October 4, 1995.
(Q) License Amendment 15 issued by the Maine Department of
Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine
facility on January 9, 1996.
(R) License Amendment 11 issued by the Maine Department of
Environmental Protection to Boise Cascade Corporation on December 20,
1995.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated November 15, 1994 stating a negative declaration for the Synthetic
Organic Chemical Manufacturing Industry Distillation and Reactors
Control Technique Guideline categories.
(B) Nonregulatory portions of the submittal.
(46) Revision to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 5, 1994.
(i) Incorporation by reference.
(A) Chapter 138 of the Maine Department of Environmental Protection
Regulations, ``Reasonably Available Control Technology For Facilities
That Emit Nitrogen Oxides.'' Affects sources in York, Cumberland,
Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties. This rule
was adopted and effective in the State of Maine on August 3, 1994.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated August 5, 1994 submitting a revision to the Maine State
Implementation Plan.
(47) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 1, 1997, October 9,
1997, and August 14, 1998.
[[Page 41]]
(i) Incorporation by reference.
(A) Air emission license A-388-71-C-A, Amendment 1, condition (q);
and A-388-71-D-M, amendment 1, conditions 19 and 23 for FPL Energy's
(formerly Central Maine Power) W.F. Wyman Station issued by Maine
Department of Environmental Protection on May 18, 1995, and February 16,
1996, respectively.
(B) Air emission licenses A-195-71-G-M, Amendment 1, and A-195-71-
D-A/R, section (II)(D), paragraphs (II)(F)(1) and (3), and conditions
12(A), 12(C), (13), (14) and (15) for Tree Free Fiber Company, LLC,
(formerly Statler Industries Inc.) issued by Maine Department of
Environmental Protection on June 12, 1996, and, June 16, 1995,
respectively.
(C) Air emission licenses A-448-72-K-A/R, paragraphs (II)(D)(2),
(II)(D)(3) and conditions (13)(f) and 14(k); and A-448-71-O-M, Amendment
2, condition (14)(k), for Pioneer Plastics Corporation issued by Maine
Department of Environmental Protection on August 23, 1995, and March 10,
1997, respectively.
(D) Air emission license A-188-72-E-A, Amendment 2, conditions 8,
paragraph 1, and 9, paragraphs 1, 2 and 4, for Scott Paper Company
issued by Maine Department of Environmental Protection on November 15,
1995.
(E) Air emission license A-416-72-B-A, conditions (l) 1, 2, 3a, 3b,
3c, 3e, and (m) for The Chinet Company issued by Maine Department of
Environmental Protection on January 18, 1996.
(F) Air emission license A-366-72-H-A, Amendment 5, conditions 3,
4, 5, 7, 9, 11, 12, 15, 16, and 18 for FMC Corporation--Food Ingredients
Division issued by Maine Department of Environmental Protection on
February 7, 1996.
(G) Air emission licenses A-326-72-N-A, Amendment 5, and A-326-71-
P-M, Amendment 7, for Dragon Products Company, Inc., issued by Maine
Department of Environmental Protection on June 5, 1996, and March 5,
1997, respectively.
(H) Air emission license A-29-71-Y-A, Amendment 13, conditions
(k)2, (k)3, (q)8 and (p) for S.D. Warren Company issued by Maine
Department of Environmental Protection on June 12, 1996.
(I) Air emission license A-378-72-E-A, Amendment 2, for Mid-Maine
Waste Action Corporation issued by Maine Department of Environmental
Protection on October 16, 1996.
(J) Air emission licenses A-452-71-D-A, Amendment 2, conditions 3,
4, 5, 7, 9, 11, 16, 17, 18, 19, and 20; and A-452-71-F-M, Amendment 4,
condition 4 for Portsmouth Naval Shipyard issued by Maine Department of
Environmental Protection on October 21, 1996, and July 25, 1997,
respectively.
(K) Air emission license A-46-71-L-A, Amendment 4, for Maine Energy
Recovery Company issued by Maine Department of Environmental Protection
on November 12, 1996.
(ii) Additional materials.
(A) Letters from the Maine Department of Environmental Protection
dated July 1, 1997, October 9, 1997, and August 14, 1998, submitting
case-specific NOX RACT determinations.
(48) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on November 19, 1998.
(i) Incorporation by reference.
(A) ``Maine Motor Vehicle Inspection Manual,'' as revised in 1998,
pages 1-12 through 1-14, and page 2-14, D.1.g.
(B) Authorizing legislation effective July 9, 1998 and entitled H.P.
1594--L.D. 2223, ``An Act to Reduce Air Pollution from Motor Vehicles
and to Meet Requirements of the Federal Clean Air Act.''
(ii) Additional material.
(A) Document entitled ``State of Maine Implementation Plan for
Inspection/Maintenance'' dated November 11, 1998.
(B) Letter from the Maine Department of Environmental Protection
dated November 19, 1998 submitting a revision to the Maine State
Implementation Plan.
(49) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 7, 2000 and May 29,
2001.
(i) Incorporation by reference.
Maine Chapter 119, entitled ``Motor Vehicle Fuel Volatility Limit''
as amended and effective on June 1, 2000.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated June 7, 2000 submitting Chapter
[[Page 42]]
119 as a revision to the Maine State Implementation Plan.
(B) Letter from the Maine Department of Environmental Protection
dated May 29, 2001 submitting additional technical support and an
enforcement plan for Chapter 119 as an amendment to the State
Implementation Plan.
(50) [Reserved]
(51) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 11, 2001.
(i) Incorporation by reference.
(A) License Amendment 10 issued by the Maine Department of
Environmental Protection to Bath Iron Works Corporation on April 11,
2001.
(B) License Amendment 6 issued by the Maine Department of
Environmental Protection to Pratt & Whitney on April 26, 2001.
(C) License Amendment 7 issued by the Maine Department of
Environmental Protection to Pratt & Whitney on July 2, 2001.
(D) License Amendment 2 issued by the Maine Department of
Environmental Protection to Moosehead Manufacturing Co.'s Dover-Foxcroft
plant on May 10, 2001.
(E) License Amendment 2 issued by the Maine Department of
Environmental Protection to Moosehead Manufacturing Co.'sMonson plant on
May 10, 2001.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(52) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 23, 1996.
(i) Incorporation by reference.
(A) Chapter 110 of the Maine Department of Environmental Protection
regulations, ``Ambient Air Quality Standards,'' adopted by the Board of
Environmental Protection on July 24, 1996, and effective August 6, 1996.
(B) [Reserved]
(53) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on December 29, 2003,
October 22, 2004, and December 9, 2004.
(i) Incorporation by reference.
(A) Chapter 155 of the Maine Department of Environmental Protection
Regulations, ``Portable Fuel Container Spillage Control,'' effective in
the State of Maine on July 14, 2004, with the exception of the word
``or'' in Subsection 7C which Maine did not submit as part of the SIP
revision.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(54) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on March 8, 2004, and June
28, 2004.
(i) Incorporation by reference.
(A) Chapter 153 of the Maine Department of Environmental Protection
Regulations, ``Mobile Equipment Repair and Refinishing,'' effective in
the State of Maine on February 25, 2004.
(B) Chapter 130 of the Maine Department of Environmental Protection
Regulations, ``Solvent Cleaners,'' effective in the State of Maine on
June 28, 2004.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(55) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 29, 2004.
(i) Incorporation by reference.
(A) Chapter 148 of the Maine Department of Environmental Protection
Regulations, ``Emissions from Smaller-Scale Electric Generating
Resources'' effective in the State of Maine on August 9, 2004.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(56) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on February 12, 2004.
(i) Incorporation by reference.
(A) Chapter 145 of the Maine Department of Environmental Protection
Regulations, ``NOX Control Program,'' effective in the State
of Maine on July 22, 2001.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(57) Revisions to the State Implementation Plan submitted by the
Maine
[[Page 43]]
Department of Environmental Protection on August 27, 2004, and September
8, 2004.
(i) Incorporation by reference.
(A) Chapter 152 of the Maine Department of Environmental Protection
Regulations, ``Control of Emissions of Volatile Organic Compounds from
Consumer Products,'' effective in the State of Maine on September 1,
2004.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(58) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on February 25, 2004 and
December 9, 2004 submitting Maine's Low Emission Vehicle Program.
(i) Incorporation by reference.
(A) Chapter 127 of the Maine Department of Environmental Protection
rules entitled ``New Motor Vehicle Emission Standards'' with an
effective date of December 31, 2000, including the Basis Statements and
Appendix A.
(59) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on December 3, 2004,
January 5, 2005, October 31, 2005, and November 9, 2005.
(i) Incorporation by reference.
(A) Chapter 151 of the Maine Department of Environmental Protection
Regulations, ``Architectural and Industrial Maintenance (AIM)
Coatings,'' effective in the State of Maine on November 1, 2005.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(60) [Reserved]
(61) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on April 27, 2005.
(i) Incorporation by reference.
(A) Chapter 102 of Maine Department of Environmental Protection
Rules, entitled ``Open Burning,'' effective in the State of Maine on
April 25, 2005.
(B) State of Maine MAPA 1 form which provides certification that the
Attorney General approved the rule as to form and legality, dated April
12, 2005.
(62) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 14, 2004, and
February 8, 2006.
(i) Incorporation by reference.
(A) Chapter 100 of the Maine Department of Environmental Protection
Regulations, ``Definitions,'' effective in the State of Maine December
24, 2005.
(B) Chapter 137 of the Maine Department of Environmental Protection
Regulations, ``Emission Statements,'' effective in the State of Maine on
July 6, 2004, with the exception of the following sections which the
state did not include in its SIP revision request: section 137.1.C;
section 137.1.E; section 137.1.F; section 137.2.A through F; section
137.2.H; section 137.3.B; section 137.3.C; section 137.4.D(4), from the
sentence beginning with ``Greenhouse gases'' to the end of this section;
the note within section 137.D(5); section 137(E), and; Appendix A.
(ii) Additional materials.
(A) Nonregulatory portions of these submittals.
(B) Correspondence from David W. Wright of the Maine DEP dated June
6, 2006, indicating which portions of Chapter 137 should not be
incorporated into the State's SIP.
(63) Revision to Chapter 141 ``Conformity of General Federal
Actions,'' submitted by the Maine Department of Environmental Protection
on June 29, 2007 and effective in the State of Maine on May 21, 2007.
(i) Incorporation by reference.
(A) Chapter 141 ``Conformity of General Federal Actions'' 1.
Definition. Effective in the State of Maine on May 21, 2007.
(ii) Additional Materials.
(A) Chapter 141 ``Conformity of General Federal Actions,'' 2.
Conformity to State and Federal Implementation Plans. The Maine
Department of Environmental Protection amended its incorporation-by-
reference within Chapter 141.2 to reflect EPA's revision to the Federal
General Conformity Rule for fine particulate matter promulgated on July
17, 2006 (71 FR 40420-40427); specifically 40 CFR 51.852 Definitions and
40 CFR 51.853 Applicability.
(64) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 3, 2007.
[[Page 44]]
(i) Incorporation by reference.
(A) Maine Administrative Procedure Act (MAPA) 1 Form which provides
certification that the Attorney General approved Chapter 139
``Transportation Conformity,'' as to form and legality, dated September
10, 2007.
(B) Chapter 139 of the Maine Department of Environmental Protection
Regulations, ``Transportation Conformity,'' effective in the State of
Maine on September 19, 2007.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
[37 FR 10870, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.1037, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Subpart V_Maryland
Sec. 52.1070 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Maryland under section 110 of the Clean Air Act,
42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality
standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
2016, was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Entries in paragraphs (c) and (d) of this section with the EPA approval
dates after July 1, 2016 for the State of Maryland, have been approved
by EPA for inclusion in the state implementation plan and for
incorporation by reference into the plan as it is contained in this
section, and will be considered by the Director of the Federal Register
for approval in the next update to the SIP compilation.
(2) EPA Region III certifies that the following materials provided
by EPA at the addresses in paragraph (b)(3) of this section are an exact
duplicate of the officially promulgated state rules/regulations which
have been approved as part of the state implementation plan as of the
dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference into the state
implementation plan may be inspected at the Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
To obtain the material, please call the Regional Office at (215) 814-
3376. You may also inspect the material with an EPA approval date prior
to July 1, 2016 for the State of Maryland at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, go to: http://www.archives.gov/federal-register/
cfr/ibr-locations.html.
(c) EPA approved regulations.
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Code of Maryland
Administrative State effective Additional
Regulations (COMAR) Title/subject date EPA approval date explanation/citation
citation at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
26.11.01.01............ Definitions........... 4/23/2018 10/11/2018, 83 FR Section .01B is
51366 revised to remove
definition 24-1 for
``NOX ozone season
allowance'' Previous
approval 7/17/2017.
26.11.01.02............ Relationship of 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(1).
Provisions in this
Subtitle.
26.11.01.03............ Delineation of Areas.. 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(1).
26.11.01.04............ Testing and Monitoring 3/5/2012 1/25/2013, 78 FR 5290 Amended section 04C.
26.11.01.05............ Records and 5/17/2010 11/7/2016, 81 FR 78051 (c)(172)
Information. Administrative
changes to reporting
and recordkeeping
requirements.
26.11.01.05-1.......... Emission Statements... 12/7/1992 10/12/1994, 59 FR (c)(109).
51517
[[Page 45]]
26.11.01.06............ Circumvention......... 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(1).
26.11.01.07............ Malfunctions and Other 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(1).
Temporary Increases
in Emissions.
26.11.01.08............ Determination of 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(5).
Ground Level
Concentrations--Accep
table Techniques.
26.11.01.09............ Vapor Pressure of 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(5)
Gasoline.
26.11.01.10............ Continuous Opacity 2/15/2016 12/14/2018, 83 FR 1. Add new
Monitoring 64282 subsections A(6),
Requirements. B(5) and B(6).
2. Revise subsection
B(3).
3. Remove subsection
F.
26.11.01.11............ Continuous Emissions 8/22/2010 11/7/2016, 81 FR 78051
Monitoring.
----------------------------------------------------------------------------------------------------------------
26.11.02 Permits, Approvals, and Registration
----------------------------------------------------------------------------------------------------------------
26.11.02.01............ Definitions........... 5/8/1995 2/27/2003, 68 FR 9012 (c)(182);
Exceptions:26.11.02.
01B(1), (1-1), (4)-
(6), (10), (15),
(16), (22), (29)-
(33), (37),(39),
(42), (46), (49),
(50), (54)
26.11.02.01............ Definitions........... 3/5/2012 2/28/2013, 78 FR 13497 Revised .01B(44) and
.01C(1).
26.11.02.02............ General Provisions.... 5/8/1995 2/27/2003, 68 FR 9012 (c)(182); Exception:
.02D.
26.11.02.03............ Federally Enforceable 5/8/1995 2/27/2003, 68 FR 9012 (c)(182).
Permits to Construct
and State Permits to
Operate.
26.11.02.04............ Duration of Permits... 5/8/1995 2/27/2003, 68 FR 9012 (c)(182); Exception:
.04C(2).
26.11.02.05............ Violation of Permits 5/8/1995 2/27/2003, 68 FR 9012 (c)(182).
and Approvals.
26.11.02.06............ Denial of Applications 5/8/1995, 2/27/2003, 68 FR 9012 (c)(182).
for State Permits and 6/16/1997
Approvals.
26.11.02.07............ Procedures for 12/10/2015 8/28/2017, 82 FR 40710 Previous Approval 2/
Denying, Revoking, or 27/2003, 68 FR 9012,
Reopening and (c) (182)
Revising a Permit or
Approval.
26.11.02.08............ Late Applications and 5/8/1995 2/27/2003, 68 FR 9012 (c)(182).
Delays in Acting on
Applications.
26.11.02.09............ Sources Subject to 7/8/2013 7/6/2015, 80 FR 38404 .09A(3) and .09A(4)
Permits to Construct. are amended. Limited
approval remains in
effect.
26.11.02.10............ Sources Exempt from 8/11/2011 6/12/2012, 77 FR 34808 Revised .10X
Permits to Construct
and Approvals.
26.11.02.11............ Procedures for 12/10/2015 8/28/2017, 82 FR 40710 Previous Approval 2/
Obtaining Permits to 27/2003, 68 FR 9012,
Construct Certain (c) (182)
Significant Sources.
26.11.02.12............ Procedures for 12/10/2015 8/28/2017, 82 FR 40710 Previous Approval 8/2/
Obtaining Approvals 2012, 77 FR 45949
of PSD Sources and
NSR Sources, Certain
Permits to Construct,
and Case-by-Case MACT
Determinations in
Accordance with 40
CFR part 63, Subpart
B.
26.11.02.13............ Sources Subject to 5/8/1995 2/27/2003, 68 FR 9012 (c)(182).
State Permits to
Operate.
26.11.02.14............ Procedures for 5/8/1995, 2/27/2003, 68 FR 9012 (c)(182).
Obtaining State 6/16/1997
Permits to Operate
and Permits to
Construct Certain
Sources and Permits
to Construct Control
Equipment on Existing
Sources.
----------------------------------------------------------------------------------------------------------------
26.11.04 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
26.11.04.02............ Ambient Air Quality 9/17/2012 2/11/2013, 78 FR 9593
Standards,
Definitions,
Reference Conditions,
and Methods of
Measurement.
----------------------------------------------------------------------------------------------------------------
[[Page 46]]
26.11.05 Air Quality Episode System
----------------------------------------------------------------------------------------------------------------
26.11.05.01............ Definitions........... 6/18/1990 4/14/1994, 59 FR 17698 (c)(100).
26.11.05.02............ General Requirements.. 6/18/1990 4/14/1994, 59 FR 17698 (c)(100).
26.11.05.03............ Air Pollution Episode 6/18/1990 4/14/1994, 59 FR 17698 (c)(100).
Criteria.
26.11.05.04............ Standby Emissions 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(4).
Reduction Plan.
26.11.05.05............ Control Requirements 6/18/1990 4/14/1994, 59 FR 17698 (c)(100).
and Standby Orders.
26.11.05.06............ Tables................ 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(4).
----------------------------------------------------------------------------------------------------------------
26.11.06 General Emissions Standards, Prohibitions, and Restrictions
----------------------------------------------------------------------------------------------------------------
26.11.06.01............ Definitions........... 5/8/1991 11/29/1994, 59 FR (c)(102)(i)(B)(14).
60908
26.11.06.02 [Except: Visible Emissions..... 11/24/2003 8/1/2007, 72 FR 41891 Revised paragraph
.02A(1)(e), (1)(g), 26.11.06.02A(2).
(1)(h), (1)(i)].
26.11.06.03............ Particulate Matter.... 11/11/2002 8/6/2003, 68 FR 46487 (c)(181).
26.11.06.04............ Carbon Monoxide in 1/5/1988; 4/7/1993, 58 FR 18010 (c)(92).
Areas III and IV. recodified,
8/1/1988
26.11.06.05............ Sulfur Compounds from 11/11/2002 8/6/2003, 68 FR 46487 (c)(181).
Other than Fuel
Burning Equipment.
26.11.06.06............ Volatile Organic 9/22/1997 5/7/2001, 66 FR 22924 (c)(156) Note: On 2/
Compounds. 27/2003 (68 FR
9012), EPA approved
a revised rule
citation with a
State effective date
of 5/8/1995
[(c)(182)(i)(C)].
26.11.06.10............ Refuse Burning 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(5).
Prohibited in Certain
Installations.
26.11.06.14............ Control of PSD Sources 7/8/2013 11/25/2014, 79 FR Revised .14B(1).
70099
26.11.06.15............ Nitrogen Oxides from 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(5).
Nitric Acid Plants.
26.11.06.16............ Tables................ 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(5).
----------------------------------------------------------------------------------------------------------------
26.11.07 Open Fires
----------------------------------------------------------------------------------------------------------------
26.11.07.01............ Definitions........... 5/22/1995 6/11/2002, 67 FR 39856 (c)(173).
26.11.07.02............ General............... 5/22/1995 2/25/1997, 62 FR 8380 (c)(120).
26.11.07.03............ Control Officer May 8/11/1997 6/11/2002, 67 FR 39856 (c)(173).
Authorize Certain
Open Fires.
26.11.07.04............ Public Officers May 5/22/1995 2/25/1997, 62 FR 8380 (c)(120).
Authorize Certain
Fires.
26.11.07.05............ Open Fires Allowed 5/22/1995 2/25/1997, 62 FR 8380 (c)(120) .05A(3) &
Without Authorization (4), and .05B(3) are
of Control Officer or State-enforceable
Public Officer. only.
26.11.07.06............ Safety Determinations 8/11/1997 6/11/2002, 67 FR 39856 (c)(173).
at Federal Facilities.
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08 Control of Incinerators
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08.01... Definitions........... 9/12/2005 9/15/2008, 73 FR 53130 Definition of
``crematory'' is
added.
10.18.08.02............ Applicability......... 7/18/1980 8/5/1981, 46 FR 39818 (c)(45).
10.18.08.03............ Prohibition of Certain 6/8/1981 5/11/1982, 47 FR 20126 (c)(58).
Incinerators in Areas
III and IV.
10.18.08/26.11.08.04... Visible Emissions..... 2/15/2016 12/14/2018, 83 FR Add new subsection D.
64282 Previous approval 8/
1/2007 (72 FR
41891).
10.18.08/26.11.08.05... Particulate Matter.... 9/12/2005 9/15/2008, 73 FR 53130 Sections .05A(3) and
.05B(2)(a) are
revised.
10.18.08.06............ Prohibition of 3/25/1984 7/2/1985, 50 FR 27245 (c)(82).
Unapproved Hazardous
Waste Incinerators.
----------------------------------------------------------------------------------------------------------------
[[Page 47]]
26.11.09Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning
Installations
----------------------------------------------------------------------------------------------------------------
26.11.09.01............ Definitions........... 4/28/2014 6/9/2015, 80 FR 32474 Definition of
``biomass'' is
added.
26.11.09.02............ Applicability......... 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(7).
26.11.09.03............ General Conditions for 6/21/2004 7/6/2005, 70 FR 38774 Revised paragraphs
Fuel Burning 26.11.09.03C(1) and
Equipment. .03C(2).
26.11.09.04............ Prohibition of Certain 4/28/2014 6/9/2015, 80 FR 32474 Revised (C)(1).
New Fuel Burning
Equipment.
26.11.09.05............ Visible Emissions..... 11/24/2003 8/1/2007, 72 FR 41891 Revised paragraph
26.11.09.05A(3).
26.11.09.06............ Control of Particulate 4/28/2014 6/9/2015, 80 FR 32474 Revised (D)(1) and
Matter. (D)(2).
26.11.09.07............ Control of Sulfur 4/28/2014 6/9/2015, 80 FR 32474 Revised (B)(5).
Oxides from Fuel
Burning Equipment.
26.11.09.08............ Control of NOX 7/20/2015 3/28/2018, 83 FR 13192 1. Revise H, H(1) and
Emissions for Major H(3), remove H(2),
Stationary Sources. and recodify H(4) to
H(3).
2. Revise I and
remove I(3) and
I(4).
Previous approval (81
FR 59488).
26.11.09.09............ Tables and Diagrams... 4/28/2014 6/9/2015, 80 FR 32474 Amended incorrect
reference.
26.11.09.10............ Requirements to Burn 4/28/2014 6/9/2015, 80 FR 32474 New regulation.
Used Oil and Waste
Combustible Fluid as
Fuel.
26.11.09.12............ Standards for Biomass 4/28/2014 6/9/2015, 80 FR 34274 New regulation.
Fuel-Burning
Equipment Equal to or
Greater Than 350,000
Btu/hr.
----------------------------------------------------------------------------------------------------------------
26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------
26.11.10.01............ Definitions........... 12/25/2000 11/7/2001, 66 FR 56222 (c)(163).
26.11.10.02............ Applicability......... 11/2/1998 9/7/2001, 66 FR 46727 (c)(153).
26.11.10.03............ Visible Emissions..... 6/29/2009 7/27/2012, 77 FR 44146 Revised paragraphs A.
and D. of
26.11.10.03 for
Sintering Plants.
26.11.10.04............ Control of Particulate 11/2/1998 9/7/2001, 66 FR 46727 (c)(153).
Matter.
26.11.10.05............ Sulfur Content 11/2/1998 9/7/2001, 66 FR 46727 (c)(153).
Limitations for Coke
Oven Gas.
26.11.10.05-1.......... Control of Carbon 9/12/2005 2/9/2010, 75 FR 6307
Monoxide Emissions
from Basic Oxygen
Furnaces.
26.11.10.06............ Control of Volatile 5/9/2016 7/28/2017, 82 FR 35105 Removed reference to
Organic Compounds TM 90-01 from
from Iron and Steel C(3)(b) and added
Production reference to COMAR
Installations. 26.11.01.11.
26.11.10.07............ Testing and 12/25/2000 11/7/2001, 66 FR 56222 (c)(163).
Observation
Procedures.
----------------------------------------------------------------------------------------------------------------
26.11.11 Control of Petroleum Products Installations, Including Asphalt Paving, Asphalt Concrete Plants, and Use
of Waste Oils
----------------------------------------------------------------------------------------------------------------
26.11.11.01............ Applicability......... 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(9).
26.11.11.02............ Asphalt Paving........ 4/26/1993 1/6/1995, 60 FR 2018 (c)(113)(i)(B)(1).
26.11.11.03............ Asphalt Concrete 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(9).
Plants in Areas I,
II, V, and VI.
26.11.11.06............ Use of Waste Oils as 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(9).
Fuel.
----------------------------------------------------------------------------------------------------------------
26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations
----------------------------------------------------------------------------------------------------------------
26.11.12.01............ Definitions........... 5/8/1995 7/25/2000, 64 FR 45743 (c)(149).
26.11.12.02............ Applicability......... 5/8/1995 7/25/2000, 64 FR 45743 (c)(149).
26.11.12.03............ Prohibitions and 5/8/1995 7/25/2000, 64 FR 45743 (c)(149).
Exemptions.
26.11.12.04............ Visible Emissions..... 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(10).
26.11.12.05............ Particulate Matter.... 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(10).
[[Page 48]]
26.11.12.06............ Reporting Requirements 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(10).
----------------------------------------------------------------------------------------------------------------
26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling
----------------------------------------------------------------------------------------------------------------
26.11.13.01............ Definitions........... 10/18/2007 7/18/2008, 73 FR 41268
26.11.13.02............ Applicability and 4/26/1993 1/6/1995, 60 FR 2018 (c)(113)(i)(B)(3).
Exemption.
26.11.13.03............ Large Storage Tanks... 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(12).
26.11.13.04............ Loading Operations.... 5/28/2014 8/3/2015, 80 FR 45892 Addition of
alternative
compliance procedure
and administrative
changes.
26.11.13.05............ Gasoline Leaks from 5/28/2014 8/3/2015, 80 FR 45892 Administrative
Tank Trucks. changes.
26.11.13.06............ Plans for Compliance.. 4/26/1993 1/6/1995, 60 FR 2018 (c)(113)(i)(B)(5).
26.11.13.07............ Control of Gasoline 6/18/2007 7/17/2008, 73 FR 40970
and VOC Emissions
from Portable Fuel
Containers.
26.11.13.08............ Control of VOC 10/18/2007 7/18/2008, 73 FR 41268 New Regulation.
Emissions from Marine
Vessel Loading.
----------------------------------------------------------------------------------------------------------------
26.11.14 Control of Emissions From Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
26.11.14.01............ Definitions........... 1/8/2001, 11/7/2001, 66 FR 56220 (c)(170).
10/15/2001
26.11.14.02............ Applicability......... 1/8/2001 11/7/2001, 66 FR 56220 (c)(170).
26.11.14.06............ Control of Volatile 3/3/2014 7/17/2017, 82 FR 32641 Amended to clarify
Organic Compounds. volatile organic
compound (VOC)
control system and
requirements at
Kraft pulp mills. (8/
30/2016, 81 FR
59488).
26.11.14.07............ Control of NOX 4/23/2018 10/11/2018, 83 FR Sections .07A and
Emissions from Fuel 51366 .07B are revised,
Burning Equipment. Section .07C is
removed, Section
.07D is revised and
recodified as
Section .07C.
----------------------------------------------------------------------------------------------------------------
26.11.17 Requirements for Major New Sources and Modifications
----------------------------------------------------------------------------------------------------------------
26.11.17.01............ Definitions........... 7/8/2013 7/13/2015, 80 FR 39969
26.11.17.02............ Applicability......... 7/8/2013 7/13/2015, 80 FR 39969
26.11.17.03............ General Conditions.... 10/22/2007 8/2/2012, 77 FR 45949.
26.11.17.04............ Creating Emission 10/22/2007 8/2/2012, 77 FR 45949 Revised; Former
Reduction Credits Regulation .04 is
(ERCs). repealed and
replaced in its
entirety.
26.11.17.05............ Information on 10/22/2007 8/2/2012, 77 FR 45949 Revised; Former
Emission Reductions Regulation .05 is
and Certification. repealed and
replaced in its
entirety.
26.11.17.06............ Transferring Emission 10/22/2007 8/2/2012, 77 FR 45949 Added.
Reduction Credits.
26.11.17.07............ Plantwide 10/22/2007 8/2/2012, 77 FR 45949 Added.
Applicability Limit
(PAL)--General.
26.11.17.08............ Plantwide 10/22/2007 8/2/2012, 77 FR 45949 Added.
Applicability Limit
(PAL)--Permits.
26.11.17.09............ Plantwide 10/22/2007 8/2/2012, 77 FR 45949 Added.
Applicability Limit
(PAL)--Monitoring,
Record Keeping, and
Reporting.
----------------------------------------------------------------------------------------------------------------
26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
26.11.19.01............ Definitions........... 6/5/1995 9/2/1997, 62 FR 46199 (c)(126) Note: On 5/
13/1998 (63 FR
26462), EPA approved
the revised
definition of
``major stationary
source of VOC ``
with a State
effective date of 5/
8/1995 [(c)(128)].
[[Page 49]]
26.11.19.02............ Applicability, 3/5/2012 1/25/2013, 78 FR 5290 Amended sections
Determining .02D, .02E, .02G and
Compliance, .02I.
Reporting, and
General Requirements.
26.11.19.03............ Automotive and Light- 9/22/1997 11/5/1998, 63 FR 59720 (c)(140).
Duty Truck Coating.
26.11.19.04............ Can Coating........... 8/1/1988 11/3/1992, 57 FR 49651 (C)(90)(i)(B)(12).
26.11.19.05............ Coil Coating.......... 8/1/1988 11/3/1992, 57 FR 49651 (C)(90)(i)(B)(12).
26.11.19.06............ Large Appliance 10/1/2010 5/12/2011, 76 FR
Coating. 27610.
26.11.19.07............ Paper, Fabric, Film, 5/16/2011 10/17/2011, 76 FR Revisions to Section
and Foil Coating. 64022 title and Sections
.07A and .07C(3).
26.11.19.07-1.......... Control of VOC 6/15/1998 6/17/1999, 64 FR 32415 (c)(142).
Emissions from Solid
Resin Decorative
Surface Manufacturing.
26.11.19.07-2.......... Plastic Parts and 5/16/2011 10/17/2011, 76 FR New Regulation.
Business Machines 64022
Coating.
26.11.19.08............ Metal Parts and 5/26/2014 10/1/2015, 80 FR 59056 Amends section title.
Products Coating. Adds definitions.
Section
26.11.19.08(B),
Emission Standards,
removed.
Section
26.11.19.08(B),
Incorporation by
Reference, added.
Section
26.11.19.08(C),
Applicability and
Exemptions, added.
Section
26.11.19.08(D),
Emission Standards,
added.
26.11.19.09............ Control of Volatile 6/5/1995 8/4/1997, 62 FR 41853 (c)(123).
Organic Compounds
(VOC) Emissions from
Cold and Vapor
Degreasing.
26.11.19.09-1.......... Control of VOC 4/19/2010 2/22/2011, 76 FR 9656 New Regulation.
Emissions from
Industrial Solvent
Cleaning Operations
Other Than Cold and
Vapor Degreasing..
26.11.19.10............ Flexographic and 4/19/2010 9/27/2010, 75 FR 59086 Revision to section
Rotogravure Printing. .10B(2).
26.11.19.10-1.......... Flexible packaging 4/19/2010 9/27/2010, 75 FR 59086 New Regulation.
printing.
26.11.19.11............ Lithographic and 5/16/2011 7/23/2012, 77 FR 43001 Sections .11A through
Letterpress Printing. .11E are revised;
sections .11F
through .11H are
added.
26.11.19.12............ Dry Cleaning 9/22/1997 9/2/1998, 63 FR 46662 (c)(131).
Installations.
26.11.19.13............ Drum and Pail Coating. 5/16/2011 10/17/2011, 76 FR Revisions to Section
64017 title and Sections
.13A, .13B, and .13C
and addition of new
Section .13D.
26.11.19.13-1.......... Aerospace Coating 10/2/2000, 11/7/2001, 66 FR 56220 (c)(169).
Operations. 10/15/2001
26.11.19.13-2.......... Brake Shoe Coating 8/24/1998 6/17/1999, 64 FR 32415 (c)(142).
Operations.
26.11.19.13-3.......... Control of VOC 6/29/1998 6/17/1999, 64 FR 32415 (c)(142).
Emissions from
Structural Steel
Coating Operations.
26.11.19.14............ Manufacture of 5/8/1991 11/29/1994, 59 FR (c)(102)(i)(B)(14).
Synthesized 60908
Pharmaceutical
Products.
26.11.19.15............ Paint, Resin, and 4/19/2010 10/18/2011, 76 FR Amendments to
Adhesive 64237 Sections .15A and
Manufacturing and .15C.
Adhesive and Sealant
Applications.
26.11.19.16............ Control of VOC 8/19/1991 9/7/1994, 59 FR 46180 (c)(103)(i)(B)(9).
Equipment Leaks.
26.11.19.17............ Control of Volatile 9/12/2005 3/31/2006, 71 FR 16237
Organic Compounds
(VOC) Emissions from
Yeast Manufacturing.
26.11.19.18............ Control of Volatile 6/10/2002 1/15/2003, 68 FR 1972 (c)(177).
Organic Compounds
(VOC) Emissions from
Screen Printing and
Digital Imaging.
[[Page 50]]
26.11.19.19............ Control of Volatile 10/2/2000 5/7/2001, 66 FR 22924 (c)(156).
Organic Compounds
(VOC) Emissions from
Expandable
Polystyrene
Operations.
26.11.19.21............ Control of Volatile 7/3/1995 10/15/1997, 62 FR (c)(125)(i)(B)(4).
Organic Compounds 53544
(VOC) Emissions from
Commercial Bakery
Ovens.
26.11.19.22............ Control of Volatile 8/11/1997 9/23/1999, 64 FR 41445 (c)(137).
Organic Compounds
(VOC) Emissions from
Vinegar Generators.
26.11.19.23............ Control of VOC 4/16/2012 9/26/2012, 77 FR 59093 Entire regulation
Emissions from revised.
Vehicle Refinishing.
26.11.19.24............ Control of VOC 8/11/1997 9/23/1999, 64 FR 41445 (c)(137).
Emissions from
Leather Coating.
26.11.19.25............ Control of Volatile 8/11/1997 1/26/1999, 64 FR 3852 (c)(141).
Organic Compounds
from Explosives and
Propellant
Manufacturing.
26.11.19.26............ Control of Volatile 9/28/2015 12/23/2016, 81 FR Amendment to .26A.
Organic Compound 94261
Emissions from
Reinforced Plastic
Manufacturing.
26.11.19.26-1.......... Control of Volatile 9/28/2015 12/23/2016, 81 FR New Regulation.
Organic Compound 94261
Emissions from
Fiberglass Boat
Manufacturing.
26.11.19.27............ Control of Volatile 10/20/1997 9/5/2001, 66 FR 46379 (c)(166).
Organic Compounds
from Marine Vessel
Coating Operations.
26.11.19.27-1.......... Control of Volatile 10/12/2012 9/26/2013, 78 FR 59240 Regulation Added.
Organic Compounds
from Pleasure Craft
Coating Operations.
26.11.19.28............ Control of Volatile 10/2/2000 5/7/2001, 66 FR 22924 (c)(157).
Organic Compounds
from Bread and Snack
Food Drying
Operations.
26.11.19.29............ Control of Volatile 10/2/2000, 11/7/2001, 66 FR 56220 (c)(160).
Organic Compounds 10/15/2001
from Distilled
Spirits Facilities.
26.11.19.30............ Control of Volatile 4/21/2008 10/18/2011, 76 FR Amendments to
Organic Compounds 64237 Sections .30A, .30B,
from Chemical .30C and .30E.
Production and
Flouropolymer
Material
Installations.
26.11.19.31............ Control of Volatile 6/5/2006 1/11/2007, 72 FR 1289
Organic Compounds
from Medical Device
Manufacturing.
26.11.19.33............ Control of Volatile 4/19/2010 1/26/2011, 76 FR 4534 New Regulation.
Organic Compounds
(VOCs) from Flat wood
Paneling Coatings.
----------------------------------------------------------------------------------------------------------------
26.11.20 Mobile Sources
----------------------------------------------------------------------------------------------------------------
26.11.20.02............ Motor Vehicle Emission 8/1/1988 11/3/1992, 57 FR 49651 (c)(90)(i)(B)(13) [as
Control Devices. 26.11.20.06].
26.11.20.03............ Motor Vehicle Fuel 10/26/1992 6/10/1994, 59 FR 29957 (c)(101)(i)(B)(3).
Specifications.
26.11.20.04............ National Low Emission 3/22/1999 12/28/1999, 64 FR (c)(146).
Vehicle Program. 72564
----------------------------------------------------------------------------------------------------------------
26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
26.11.24.01............ Definitions........... 1/29/2007 1/17/2008, 73 FR 3187 Addition of
``Certified
Inspector'' and ``
`Vapor Recovery
System.''
26.11.24.01-1.......... Incorporation by 4/15/2002 5/7/2003, 68 FR 24363 (c)(178).
Reference.
26.11.24.02............ Applicability, 4/15/2002 5/7/2003, 68 FR 24363 (c)(178).
Exemptions, and
Effective Date.
26.11.24.03............ General Requirements.. 4/15/2002 5/7/2003, 68 FR 24363 (c)(178).
26.11.24.04............ Testing Requirements.. 2/28/2005 5/8/2006, 71 FR 26688
26.11.24.05............ Inspection 2/15/1993 6/9/1994, 59 FR 29730 (c)(107).
Requirements.
26.11.24.05-1.......... Inspections by a 1/29/2007 1/17/2008, 73 FR 3187 Added Section.
Certified Inspector.
[[Page 51]]
26.11.24.06............ Training Requirements 2/15/1993 6/9/1994, 59 FR 29730 (c)(107).
for Operation and
Maintenance of
Approved Systems.
26.11.24.07............ Record-Keeping and 2/28/2005 5/8/2006, 71 FR 26688
Reporting
Requirements.
26.11.24.08............ Instructional Signs... 2/15/1993 6/9/1994, 59 FR 29730 (c)(107).
26.11.24.09............ Sanctions............. 2/15/1993 6/9/1994, 59 FR 29730 (c)(107).
----------------------------------------------------------------------------------------------------------------
26.11.25 Control of Glass Melting Furnaces
----------------------------------------------------------------------------------------------------------------
26.11.25.01............ Definitions........... 10/5/1998 10/19/2005, 70 FR
60738
26.11.25.02............ Applicability and 10/5/1998 10/19/2005, 70 FR
Exemptions. 60738
26.11.25.03............ Visible Emissions from 10/5/1998 10/19/2005, 70 FR
Glass Melting 60738
Furnaces.
26.11.25.04............ Particulate Matter 10/5/1998 10/19/2005, 70 FR
Emissions from Glass 60738
Melting Furnaces.
----------------------------------------------------------------------------------------------------------------
26.11.26 Conformity
----------------------------------------------------------------------------------------------------------------
26.11.26.01............ Purpose............... 6/30/2008 9/26/2011, 76 FR 59254 New Regulation.
26.11.26.02............ Definitions........... 6/30/2008 9/26/2011, 76 FR 59254 Definitions added for
transportation
conformity;
definitions for
general conformity
were approved at
(c)(136).
26.11.26.03............ Transportation 6/30/2008 9/26/2011, 76 FR 59254 New Regulation.
Conformity.
26.11.26.04............ Transportation 6/30/2008 9/26/2011, 76 FR 59254 New Regulation.
Conformity--Consultat
ion in General.
26.11.26.05............ Transportation 6/30/2008 9/26/2011, 76 FR 59254 New Regulation.
Conformity--Interagen
cy Consultation
Requirements.
26.11.26.06............ Transportation 6/30/2008 9/26/2011, 76 FR 59254 New Regulation.
Conformity--Dispute
Resolution.
26.11.26.07............ Transportation 6/30/2008 9/26/2011, 76 FR 59254 New Regulation.
Conformity--Public
Consultation
Procedures.
26.11.26.08............ Transportation 6/30/2008 9/26/2011, 76 FR 59254 New Regulation.
Conformity--Interagen
cy Consultation.
26.11.26.09............ General Conformity.... 6/30/2008 9/26/2011, 76 FR 59254 Formerly SIP
regulation
26.11.26.03.
----------------------------------------------------------------------------------------------------------------
26.11.27 Emission Limitations for Power Plants
----------------------------------------------------------------------------------------------------------------
26.11.27.01............ Definitions........... 7/16/2007 9/4/2008, 73 FR 51599
26.11.27.02............ Applicability and 7/16/2007 9/4/2008, 73 FR 51599
Exceptions.
26.11.27.03............ General Requirements.. 7/16/2007 9/4/2008, 73 FR 51599 Exceptions:
Paragraphs
.03B(7)(a)(iii) and
.03D; the word
``and'' at the end
of paragraph
.03B(7)(a)(ii).
26.11.27.05............ Monitoring and 7/16/2007 9/4/2008, 73 FR 51599
Reporting
Requirements.
26.11.27.06............ Judicial Review of 7/16/2007 9/4/2008, 73 FR 51599
Penalty Waivers.
----------------------------------------------------------------------------------------------------------------
26.11.29 Control of NOX Emissions from Natural Gas Pipeline Stations
----------------------------------------------------------------------------------------------------------------
26.11.29.01............ Definitions........... 7/20/2015 3/28/2018, 83 FR 13192
26.11.29.02............ Applicability and 7/20/2015 3/28/2018, 83 FR 13192
General Requirements.
26.11.29.03............ Monitoring 7/20/2015 3/28/2018, 83 FR 13192
Requirements.
26.11.29.04............ Demonstrating 7/20/2015 3/28/2018, 83 FR 13192
Compliance.
26.11.29.05............ Maintaining Records... 7/20/2015 3/28/2018, 83 FR 13192
----------------------------------------------------------------------------------------------------------------
26.11.30 Control of Portland Cement Manufacturing Plants
----------------------------------------------------------------------------------------------------------------
26.11.30.01............ Scope................. 7/20/2015 3/28/2018, 83 FR 13192
26.11.30.02............ Applicability......... 7/20/2015 3/28/2018, 83 FR 13192
26.11.30.03............ Definitions........... 7/20/2015 3/28/2018, 83 FR 13192
26.11.30.04............ Particulate Matter.... 7/20/2015 3/28/2018, 83 FR 13192
[[Page 52]]
26.11.30.05............ Visible Emissions 7/20/2015 3/28/2018, 83 FR 13192
Standards.
26.11.30.06............ Sulfur Compounds...... 7/20/2015 3/28/2018, 83 FR 13192
26.11.30.07............ Nitrogen Oxides (NOX). 7/20/2015 3/28/2018, 83 FR 13192
26.11.30.08............ NOX Continuous 7/20/2015 3/28/2018, 83 FR 13192
Emissions Monitoring
Requirements.
26.11.31............... Quality Assurance 6/13/2011 11/7/2016, 81 FR 78051
Requirements for
Opacity Monitors
(COMs).
26.11.31.01............ Scope................. 6/13/2011 11/7/2016, 81 FR 78048
26.11.31.02............ Applicability......... 6/13/2011 11/7/2016, 81 FR 78048
26.11.31.03............ Incorporation by 6/13/2011 11/7/2016 81 FR 78048
Reference.
26.11.31.04............ Definitions........... 6/13/2011 11/7/2016, 81 FR 78048
26.11.31.05............ Principle............. 6/13/2011 11/7/2016, 81 FR 78048
26.11.31.06............ Quality Control 6/13/2011 11/7/2016, 81 FR 78048
Requirements.
26.11.31.07............ Opacity Calibration 6/13/2011 11/7/2016, 81 FR 78048
Drift Assessment.
26.11.31.08............ Audit Frequency....... 6/13/2011 11/7/2016, 81 FR 78048
26.11.31.09............ Performance Audit..... 6/13/2011 11/7/2016, 81 FR 78048
26.11.31.10............ Calibration Error 6/13/2011 11/7/2016, 81 FR 78048
Methods.
26.11.31.11............ Zero Alignment Audit.. 6/13/2011 11/7/2016, 81 FR 78048
26.11.31.12............ Corrective Actions.... 6/13/2011 11/7/2016, 81 FR 78048
----------------------------------------------------------------------------------------------------------------
26.11.32 Control of Emissions of Volatile Organic Compounds From Consumer Products
----------------------------------------------------------------------------------------------------------------
26.11.32.01............ Applicability and 10/9/2017 4/2/2019, 84 FR 12508 Revised.
Exemptions.
26.11.32.02............ Incorporation by 10/9/2017 4/2/2019, 84 FR 12508 Revised.
Reference.
26.11.32.03............ Definitions........... 10/9/2017 4/2/2019, 84 FR 12508 Revised. Previous
Approval dated 12/10/
2007.
26.11.32.04............ Standards--General.... 10/9/2017 4/2/2019, 84 FR 12508 Revised.
26.11.32.05............ Standards--Requirement 10/9/2017 4/2/2019, 84 FR 12508 Revised.
s for Charcoal
Lighter Materials.
26.11.32.05-1.......... Requirements for 10/9/2017 4/2/2019, 84 FR 12508 New Regulation.
Flammable and
Extremely Flammable
Multi-Purpose Solvent
and Paint Thinner.
26.11.32.06............ Standards--Requirement 10/9/2017 4/2/2019, 84 FR 12508 Revised.
s for Aerosol
Adhesives.
26.11.32.07............ Standards--Requirement 8/18/2003 12/9/2003, 68 FR 68523 (c)(185).
s for Floor Wax
Strippers.
26.11.32.08............ Requirements for 10/9/2017 4/2/2019, 84 FR 12508 Revised.
Contact Adhesives,
Electronic Cleaners,
Footwear, or Leather
Care Products, and
General Purpose
Cleaners.
26.11.32.09............ Requirements for 6/18/2007 12/10/2007, 72 FR New Regulation.
Adhesive Removers, 69621
Electrical Cleaners,
and Graffiti Removers.
26.11.32.10............ Requirements for Solid 6/18/2007 12/10/2007, 72 FR New Regulation.
Air Fresheners and 69621
Toilet and Urinal
Care Products.
26.11.32.11............ Innovative Products-- 6/18/2007 12/10/2007, 72 FR Recodification of
CARB Exemption. 69621 existing Regulation
.08.
26.11.32.12............ Innovative Products-- 10/9/2017 4/2/2019, 84 FR 12508 Revised.
Department Exemption.
26.11.32.13............ Administrative 6/18/2007 12/10/2007, 72 FR Recodification of
Requirements. 69621 existing Regulation
.10; Amended.
26.11.32.14............ Reporting Requirements 10/9/2017 4/2/2019, 84 FR 12508 Revised.existing
Regulation .11;
Amended.
26.11.32.15............ Variances............. 6/18/2007 12/10/2007, 72 FR Recodification of
69621 existing Regulation
.12; Amended.
26.11.32.16............ Test Methods.......... 10/9/2017 4/2/2019, 84 FR 12508 Revised.
26.11.32.17............ Alternative Control 6/18/2007 12/10/2007, 72 FR Recodification of
Plan (ACP). 69621 existing Regulation
.14; Amended.
26.11.32.18............ Approval of an ACP 6/18/2007 12/10/2007, 72 FR Recodification of
Application. 69621 existing Regulation
.15; Amended.
26.11.32.19............ Record Keeping and 6/18/2007 12/10/2007, 72 FR Recodification of
Availability of 69621 existing Regulation
Requested Information. .16.
26.11.32.20............ Violations............ 6/18/2007 12/10/2007, 72 FR Recodification of
69621 existing Regulation
.17.
[[Page 53]]
26.11.32.21............ Surplus Reduction and 6/18/2007 12/10/2007, 72 FR Recodification of
Surplus Trading. 69621 existing Regulation
.18; Amended.
26.11.32.22............ Limited-use surplus 6/18/2007 12/10/2007, 72 FR Recodification of
reduction credits for 69621 existing Regulation
early formulations of .19; Amended.
ACP Products.
26.11.32.23............ Reconciliation of 6/18/2007 12/10/2007, 72 FR Recodification of
Shortfalls. 69621 existing Regulation
.20; Amended.
26.11.32.24............ Modifications to an 6/18/2007 12/10/2007, 72 FR Recodification of
ACP. 69621 existing Regulation
.21; Amended.
26.11.32.25............ Cancellation of an ACP 6/18/2007 12/10/2007, 72 FR Recodification of
69621 existing Regulation
.22; Amended.
26.11.32.26............ Transfer of an ACP.... 6/18/2007 12/10/2007, 72 FR Recodification of
69621 existing Regulation
.23
----------------------------------------------------------------------------------------------------------------
26.11.34 Low Emissions Vehicle Program
----------------------------------------------------------------------------------------------------------------
26.11.34.01............ Purpose............... 12/17/2007 6/11/2013, 78 FR 34911
26.11.34.02 (except Incorporation by 2/16/2015 7/14/2015, 80 FR 40921 Update to incorporate
.02B(20)). Reference. by reference
California's
Advanced Clean Car
Program rules, with
the exception of
Title 13, California
Code of Regulations,
Division 3, Chapter
2, Article 5,
Section 2030.
26.11.34.03............ Applicability and 12/17/2007 6/11/2013, 78 FR 34911
Exemptions.
26.11.34.04............ Definitions........... 12/17/2007 6/11/2013, 78 FR 34911
26.11.34.05............ Emissions Requirements 12/17/2007 6/11/2013, 78 FR 34911
26.11.34.06............ Fleet Average NMOG 12/17/2007 6/11/2013, 78 FR 34911
Requirements.
26.11.34.07............ Initial NMOG Credit 12/17/2007 6/11/2013, 78 FR 34911
Account Balances.
26.11.34.08............ Fleet Average 12/17/2007 6/11/2013, 78 FR 34911
Greenhouse Gas
Requirements.
26.11.34.09............ Zero Emission Vehicle 12/17/2007 6/11/2013, 78 FR 34911
(ZEV) Requirements.
26.11.34.10............ Initial ZEV Credit 12/17/2007 6/11/2013, 78 FR 34911
Account Balances.
26.11.34.11............ Vehicle Testing....... 12/17/2007 6/11/2013, 78 FR 34911
26.11.34.12............ Warranty.............. 12/17/2007 6/11/2013, 78 FR 34911
26.11.34.13............ Manufacturer 12/17/2007 6/11/2013, 78 FR 34911
Compliance
Demonstration.
26.11.34.14............ Enforcement........... 12/17/2007 6/11/2013, 78 FR 34911
----------------------------------------------------------------------------------------------------------------
26.11.35 Volatile Organic Compounds from Adhesives and Sealants
----------------------------------------------------------------------------------------------------------------
26.11.35.01............ Applicability and 4/21/2008 10/18/2011, 76 FR New Section.
Exemptions. 6/1/2009 64237
26.11.35.02............ Incorporation by 4/21/2008 10/18/2011, 76 FR New Section.
Reference. 64237
26.11.35.03............ Definitions........... 4/21/2008 10/18/2011, 76 FR New Section.
64237
26.11.35.04............ Standards............. 4/21/2008 10/18/2011, 76 FR New Section.
64237
26.11.35.05............ Administrative 4/21/2008 10/18/2011, 76 FR New Section.
Requirements. 64237
26.11.35.06............ Compliance Procedures 4/21/2008 10/18/2011, 76 FR New Section.
and Test Methods. 64237
26.11.35.07............ Container Labeling.... 4/21/2008 10/18/2011, 76 FR New Section.
64237
----------------------------------------------------------------------------------------------------------------
26.11.38 Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units
----------------------------------------------------------------------------------------------------------------
26.11.38.01............ Definitions........... 8/31/2015 5/30/2017, 82 FR 24546
26.11.38.02............ Applicability......... 8/31/2015 5/30/2017, 82 FR 24546
26.11.38.03............ 2015 NOX Emission 8/31/2015 5/30/2017, 82 FR 24546
Control Requirements.
26.11.38.04............ Compliance 8/31/2015 5/30/2017, 82 FR 24546
Demonstration
Requirements.
26.11.38.05............ Reporting Requirements 8/31/2015 5/30/2017, 82 FR 24546
----------------------------------------------------------------------------------------------------------------
26.11.39 Architectural and Industrial Maintenance (AIM) Coatings
----------------------------------------------------------------------------------------------------------------
26.11.39.01............ Applicability and 4/25/2016 5/8/2017, 82 FR 21312
Exemptions.
[[Page 54]]
26.11.39.02............ Test Methods- 4/25/2016 5/8/2017, 82 FR 21312
Incorporation by
Reference.
26.11.39.03............ Definitions........... 4/25/2016 5/8/2017, 82 FR 21312
26.11.39.04............ General Requirements 4/25/2016 5/8/2017, 82 FR 21312
and Standards.
26.11.39.05............ VOC Content Limits.... 4/25/2016 5/8/2017, 82 FR 21312
26.11.39.06............ Container Labeling 4/25/2016 5/8/2017, 82 FR 21312
Requirements.
26.11.39.07............ Reporting Requirements 4/25/2016 5/8/2017, 82 FR 21312
26.11.39.08............ Compliance Procedures. 4/25/2016 5/8/2017, 82 FR 21312
----------------------------------------------------------------------------------------------------------------
26.11.40 NOX Ozone Season Emission Caps for Non-trading Large NOX Units
----------------------------------------------------------------------------------------------------------------
26.11.40.01............ Definitions........... 4/23/2018 10/11/2018, 83 FR
51366
26.11.40.02............ Applicability......... 4/23/2018 10/11/2018, 83 FR
51366
26.11.40.03............ NOX Ozone Season 4/23/2018 10/11/2018, 83 FR
Emission Caps. 51366
26.11.40.04............ Monitoring and 4/23/2018 10/11/2018, 83 FR
Reporting 51366
Requirements.
----------------------------------------------------------------------------------------------------------------
11.14.08 Vehicle Emissions Inspection Program
----------------------------------------------------------------------------------------------------------------
11.14.08.01............ Title................. 1/2/1995 10/29/1999, 64 FR (c)(144).
58340
11.14.08.02............ Definitions........... 1/2/1995, 10/29/1999, 64 FR (c)(144).
10/19/1998 58340
11.14.08.03............ Applicability......... 6/10/2002 1/16/2003, 68 FR 2208 (c)(179).
11.14.08.04............ Exemptions............ 1/2/1995 10/29/1999, 64 FR (c)(144).
58340
11.14.08.05............ Schedule of the 1/2/1995, 10/29/1999, 64 FR (c)(144).
Program. 12/16/1996 58340
11.14.08.06............ Certificates.......... 6/10/2002 1/16/2003, 68 FR 2208 (c)(179).
11.14.08.07............ Extensions............ 1/2/1995, 10/29/1999, 64 FR (c)(144).
10/19/1998 58340
11.14.08.08............ Enforcement........... 1/2/1995 10/29/1999, 64 FR (c)(144).
58340
11.14.08.09............ Inspection Standards.. 6/10/2002 1/16/2003, 68 FR 2208 (c)(179).
11.14.08.10............ General Requirements 1/2/1995, 10/29/1999, 64 FR (c)(144).
for Inspection and 12/16/1996, 58340
Preparation for 10/19/1998
Inspection.
11.14.08.11............ Idle Exhaust Emissions 10/18/1998 10/29/1999, 64 FR (c)(144).
Test and Equipment 58340
Checks.
11.14.08.11-1.......... Transient Exhaust 12/16/1996, 10/29/1999, 64 FR (c)(144).
Emissions Test and 10/19/1998 58340
Evaporative Purge
Test Sequence.
11.14.08.12............ Evaporative Integrity 6/10/2002 1/16/2003, 68 FR 2208 (c)(179).
Test, Gas Cap Leak
Test, and On-Board
Diagnostics
Interrogation
Procedures.
11.14.08.13............ Failed Vehicle and 1/2/1995 10/29/1999, 64 FR (c)(144).
Reinspection 58340
Procedures.
11.14.08.14............ Dynamometer System 1/2/1995 10/29/1999, 64 FR (c)(144).
Specifications. 58340
11.14.08.15............ Constant Volume 1/2/1995, 10/29/1999, 64 FR (c)(144).
Sampler, Analysis 10/19/1998 58340
System, and Inspector
Control
Specifications.
11.14.08.16............ Evaporative Test 6/10/2002 1/16/2003, 68 FR 2208 (c)(179).
Equipment, Gas Cap
Leak Test Equipment,
and On-Board
Diagnostics
Interrogation
Equipment
Specifications.
11.14.08.17............ Quality Assurance and 1/2/1995 10/29/1999, 64 FR (c)(144).
Maintenance--General 58340
Requirements.
11.14.08.18............ Test Assurance 1/2/1995 10/29/1999, 64 FR (c)(144).
Procedures. 58340
11.14.08.19............ Dynamometer Periodic 1/2/1995 10/29/1999, 64 FR (c)(144).
Quality Assurance 58340
Checks.
11.14.08.20............ Constant Volume 1/2/1995 10/29/1999, 64 FR (c)(144).
Sampler Periodic 58340
Quality Assurance
Checks.
11.14.08.21............ Analysis System 1/2/1995 10/29/1999, 64 FR (c)(144).
Periodic Quality 58340
Assurance Checks.
[[Page 55]]
11.14.08.22............ Evaporative Test 1/2/1995, 10/29/1999 64 FR 58340 (c)(144).
Equipment, Gas Cap 10/19/1998
Leak Test Equipment
and On-Board
Diagnostics
Interrogation
Equipment Periodic
Quality Assurance
Checks.
11.14.08.23............ Overall System 1/2/1995 10/29/1999, 64 FR (c)(144).
Performance Quality 58340
Assurance.
11.14.08.24............ Control Charts........ 1/2/1995 10/29/1999, 64 FR (c)(144).
58340
11.14.08.25............ Gas Specifications.... 1/2/1995 10/29/1999, 64 FR (c)(144).
58340
11.14.08.26............ Vehicle Emissions 1/2/1995 10/29/1999, 64 FR (c)(144).
Inspection Station. 58340
11.14.08.27............ Technician's Vehicle 1/2/1995, 10/29/1999, 64 FR (c)(144).
Report. 10/19/1998 58340
11.14.08.28............ Feedback Reports...... 1/02/1995, 10/29/1999, 64 FR (c)(144).
10/19/1998 58340
11.14.08.29............ Certified Emissions 1/2/1995, 10/29/1999, 64 FR (c)(144).
Technician. 12/16/1996 58340
11.14.08.30............ Certified Emissions 1/2/1995, 10/29/1999, 64 FR (c)(144).
Repair Facility. 12/16/1996 58340
11.14.08.31............ On-Highway Emissions 1/2/1995 10/29/1999, 64 FR (c)(144).
Test. 58340
11.14.08.32............ Fleet Inspection 1/2/1995, 10/29/1999, 64 FR (c)(144).
Station. 12/16/1996, 58340
10/19/1998
11.14.08.33............ Fleet Inspection 1/02/1995 10/29/1999, 64 FR (c)(144).
Standards. 58340
11.14.08.34............ Fleet Inspection and 1/2/1995 10/29/1999, 64 FR (c)(144).
Reinspection Methods. 58340
11.14.08.35............ Fleet Equipment and 1/2/1995 10/29/1999, 64 FR (c)(144).
Quality Assurance 58340
Requirements.
11.14.08.36............ Fleet Personnel 1/2/1995 10/29/1999, 64 FR (c)(144).
Requirements. 58340
11.14.08.37............ Fleet Calibration Gas 1/2/1995 10/29/1999, 64 FR (c)(144).
Specifications and 58340
Standard Reference
Materials.
11.14.08.38............ Fleet Recordkeeping 1/2/1995 10/29/1999, 64 FR (c)(144).
Requirements. 58340
11.14.08.39............ Fleet Fees............ 1/2/1995 10/29/1999, 64 FR (c)(144).
58340
11.14.08.40............ Fleet License 1/2/1995 10/29/1999, 64 FR (c)(144).
Suspension and 58340
Revocation.
11.14.08.41............ Audits................ 1/2/1995 10/29/1999, 64 FR (c)(144).
58340
11.14.08.42............ Fleet Inspection After 1/2/1995, 10/29/1999, 64 FR (c)(144).
1998. 2/16/1996, 58340
10/19/1998
----------------------------------------------------------------------------------------------------------------
03.03.05 Motor Fuel Inspection [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.05.01............ Definitions........... 12/18/1995 1/30/1996, 61 FR 2982 (c)(101)(i)(B)(4);
Approved as a
contingency SIP
measure as part of
the CO Maintenance
Plans for Baltimore
and DC. [(c)(117)
and (c)(118)].
03.03.05.01-1.......... Standard 12/18/1995 1/30/1996, 61 FR 2982
Specifications for
Gasoline.
03.03.05.02-1.......... Other Motor Vehicle 10/26/1992 6/10/1994, 58 FR 29957
Fuels.
03.03.05.05............ Labeling of Pumps..... 12/18/1995 1/30/1996, 61 FR 2982
03.03.05.08............ Samples and Test 10/26/1992 6/10/1994, 58 FR 29957
Tolerance.
03.03.05.15............ Commingled Products... 10/26/1992 6/10/1994, 58 FR 29957
----------------------------------------------------------------------------------------------------------------
03.03.06 Emissions Control Compliance [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.06.01............ Definitions........... 12/18/1995 1/30/1996, 61 FR 2982 (c)(101)(i)(B)(5);
Approved as a
contingency SIP
measure as part of
the CO Maintenance
Plans for Baltimore
and DC. [(c)(117)
and (c)(118)].
03.03.06.02............ Vapor Pressure 10/26/1992 6/10/1994, 58 FR 29957
Determination.
03.03.06.03............ Oxygen Content 12/18/1995 1/30/1996, 61 FR 2982
Determination.
03.03.06.04............ Registration.......... 10/26/1992 6/10/1994, 58 FR 29957
[[Page 56]]
03.03.06.05............ Record Keeping........ 10/26/1992 6/10/1994, 58 FR 29957
03.03.06.06............ Transfer Documentation 12/18/1995 1/30/1996, 61 FR 2982
----------------------------------------------------------------------------------------------------------------
20.79.01 Applications Concerning the Construction or Modification of Generating Stations and Overhead
Transmission Lines--General
----------------------------------------------------------------------------------------------------------------
20.79.01.01A, .01C, and Scope................. 12/28/2009 2/10/2012, 77 FR 6963 Added; limited
.01D. approval.
20.79.01.02A and Definitions........... 12/28/2009 2/10/2012, 77 FR 6963 Added; limited
.02B(1) through (13), approval.
(14)(a), (15), (16),
and (18) through (20).
20.79.01.06............ Modifications to 12/28/2009 2/10/2012, 77 FR 6963 Added; limited
Facilities at a Power approval.
Plant.
----------------------------------------------------------------------------------------------------------------
20.79.02 Applications Concerning the Construction or Modification of Generating Stations and Overhead
Transmission Lines--Administrative Provisions
----------------------------------------------------------------------------------------------------------------
20.79.02.01............ Form of Application... 2/10/1997 2/10/2012, 77 FR 6963 Added; limited
approval.
20.79.02.02............ Distribution of 2/10/1997, 2/10/2012, 77 FR 6963 Added; limited
Application. 11/8/2004 approval.
20.79.02.03............ Proceedings on the 2/10/1997, 2/10/2012, 77 FR 6963 Added; Limited
Application. 11/8/2004 approval.
----------------------------------------------------------------------------------------------------------------
20.79.03 Applications Concerning the Construction or Modification of Generating Stations and Overhead
Transmission Lines--Details of Filing Requirements--Generating Stations
----------------------------------------------------------------------------------------------------------------
20.79.03.01............ Description of 2/10/1997, 2/10/2012, 77 FR 6963 Added; limited
Generating Station. 11/8/2004 approval.
20.79.03.02A and Environmental 2/10/1997, 2/10/2012, 77 FR 6963 Added; limited
.02B(1) and (2). Information. 11/8/2004 approval.
----------------------------------------------------------------------------------------------------------------
TM Technical Memoranda
----------------------------------------------------------------------------------------------------------------
TM91-01 [Except Methods Test Methods and 11/2/1998 9/7/2001, 66 FR 46727 (c)(153)(i)(D)(5)
1004A through E]. Equipment (Supplement 3 is
Specifications for added).
Stationary Sources.
Annotated Code of Title/subject State effective EPA approval date Additional
Maryland citation date explanation/citation
at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
Public Utility Companies Article of the Annotated Code of Maryland
----------------------------------------------------------------------------------------------------------------
Section 7-205.......... Electric Companies-- 7/01/2006 2/10/2012, 77 FR 6963 Added; limited
Modification of Power approval.
Plant.
Section 7-207(a), Generating Stations or 7/01/2007 2/10/2012, 77 FR 6963 Added; limited
(b)(1), (c), (d), and Transmission Lines-- approval.
(e). General Certification
Procedure.
Section 7-207.1(a) and Generating Stations or 7/1/2007 2/10/2012, 77 FR 6963 Added; limited
(e). Transmission Lines-- approval.
Onsite Generated
Electricity; Approval
Process.
Section 7-208 (a)(1), Generating Stations or 7/1/2001 2/10/2012, 77 FR 6963 Added; limited
(b) through (f), and Transmission Lines-- approval.
(h)(2). Joint Construction of
Station and
Associated Lines.
----------------------------------------------------------------------------------------------------------------
General Provisions Article of the Annotated Code of Maryland (formerly cited at Section 15 of State Government
Article)
----------------------------------------------------------------------------------------------------------------
Section 5-101 Definitions........... 10/1/2014 5/2/2016, 81 FR 26135 Added; addresses CAA
(a),(e),(f), (g)(1)and section 128.
(2), (h), (i), (j),
(m), (n), (p),
(s),(t),(bb),
(ff),(gg), (ll).
[[Page 57]]
Section 5-103(a) Designation of 10/1/2014 5/2/2016, 81 FR 26135 Added; addresses CAA
through (c). Individuals as Public section 128.
Officials.
Section 5-208(a)....... Determination of 10/1/2014 5/2/2016, 81 FR 26135 Added; addresses CAA
public official in section 128.
executive agency.
Section 5-501(a) and Restrictions on 10/1/2014 5/2/2016, 81 FR 26135 Added; addresses CAA
(c). participation. section 128.
Section 5-601(a)....... Individuals required 10/1/2014 5/2/2016, 81 FR 26135 Added; addresses CAA
to file statement. section 128.
Section 5-602(a)....... Financial Disclosure 10/1/2014 5/2/2016, 81 FR 26135 Added; addresses CAA
Statement--Filing section 128.
Requirements.
Section 5-606(a)....... Public Records........ 10/1/2014 5/2/2016, 81 FR 26135 Added; addresses CAA
section 128.
Section 5-607(a) Content of statements. 10/1/2014 5/2/2016, 81 FR 26135 Added; addresses CAA
through (j). section 128.
Section 5-608(a) Interests attributable 10/1/2014 5/2/2016, 81 FR 26135 Added; addresses CAA
through (c). to individual filing section 128.
statement.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved state source-specific requirements.
----------------------------------------------------------------------------------------------------------------
State effective Additional
Name of source Permit number/type date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Potomac Electric Power Company 49352 Amended 7/26/1978......... 12/6/1979, 44 FR 52.1100(c)(25).
(PEPCO)--Dickerson. Consent Order. 70141.
Northeast Maryland Waste Secretarial Order. 11/20/1981........ 7/7/1982, 47 FR 52.1100(c)(65)
Disposal Authority. 29531. (Wheelabrator-
Frye, Inc.).
Northeast Maryland Waste Secretarial Order. 2/25/1983......... 8/24/1983, 48 FR 52.1100(c)(70)
Disposal Authority and 38465. (Shutdown of
Wheelabrator-Frye, Inc. and the landfill for
Mayor and City Council of offsets).
Baltimore and BEDCO Development
Corp.
Westvaco Corp................... Consent Order..... 9/6/1983;......... 12/20/1984, 49 FR 52.1100(c)(74).
Rev. 1/26/1984.... 49457.
Potomac Electric Power Company Administrative 9/13/1999......... 12/15/2000, 65 FR 52.1100(c)(151).
(PEPCO). Consent Order. 78416.
Thomas Manufacturing Corp....... Consent Decree.... 2/15/2001......... 11/15/2001, 66 FR 52.1100(c)(167).
57395.
Kaydon Ring and Seal, Inc....... Consent Order..... 3/5/2004.......... 8/31/2004, 69 FR (c)(190).
53002.
Perdue Farms, Inc............... Consent Order..... 2/1/2005.......... 1/11/2007, 72 FR 52.1070(d)(1).
1291.
GenOn Chalk Point Generating The 2011 Consent 3/10/2011......... 5/4/2012, 77 FR Docket No.
Station. Decree for Chalk 26438. 52.1070(d). The
Point. SIP approval
includes specific
provisions of the
2011 Consent
Decree for which
the State of
Maryland
requested
approval on
October 12, 2011.
Raven Power Fort Smallwood, LLC-- Consent Agreement 2/28/2016......... 5/8/2017, 82 FR
Brandon Shores units 1 and 2; and NOX Averaging 21309.
and H. A. Wagner units 1, 2, 3, Plan.
and 4.
National Gypsum Company (NGC)... Departmental Order 3/11/2016......... 5/14/2018 83 FR The SIP approval
22203. includes specific
alternative
volatile organic
compound emission
limits and other
conditions for
NGC as
established by
the Departmental
Order.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved nonregulatory and quasi-regulatory material.
[[Page 58]]
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Base Year Emissions Inventory... Metropolitan 9/20/1995......... 10/30/1995, 60 FR 52.1075(a) CO.
Baltimore Ozone 55321.
Nonattainment
Area 1990.
1990 Base Year Emissions Metropolitan 3/21/1994......... 1/30/1996, 61 FR 52.1075(b) CO.
Inventory. Washington Ozone 10/12/1995........ 2931.
Nonattainment
Area.
1990 Base Year Emissions All ozone 3/21/1994......... 9/27/1996, 61 FR 52.1075(c) VOC,
Inventory. nonattainment 50715. NOX, CO.
areas.
1990 Base Year Emissions Kent & Queen 3/21/1994......... 9/27/1996, 61 FR 52.1075(d) VOC,
Inventory. Anne's Counties. 50715. NOX, CO.
1990 Base Year Emissions Metropolitan 3/21/1994......... 4/23/1997, 62 FR 52.1075(e) VOC,
Inventory. Washington Ozone 19676. NOX, CO.
Nonattainment
Area.
1990 Base Year Emissions Metropolitan 12/24/1997........ 7/8/1998, 63 FR 52.1075(f) VOC,
Inventory. Washington Ozone 36854. NOX.
Nonattainment
Area.
1990 Base Year Emissions Metropolitan 12/24/1997........ 2/3/2000, 65 FR 52.1075(g) VOC,
Inventory. Baltimore Ozone 5245. NOX.
Nonattainment
Area.
1990 Base Year Emissions Philadelphia- 12/24/1997,....... 2/3/2000, 65 FR 52.1075(h) VOC,
Inventory. Wilmington- 4/29/1998,........ 5252,. NOX.
Trenton Ozone 12/21/1999,....... 9/19/2001, 66 FR
Nonattainment 12/28/2000........ 48209.
Area (Cecil
County).
15% Rate of Progress Plan....... Philadelphia- 7/12/1995, 95-20. 7/29/1997, 62 FR 52.1076(a).
Wilmington- 40457.
Trenton Ozone
Nonattainment
Area (Cecil
County).
Stage II Vapor Recovery Western Maryland & 11/5/1997......... 12/9/1998, 63 FR 52.1076(b).
Comparability Plan. Eastern Shore 67780.
Counties.
15% Rate of Progress Plan....... Metropolitan 10/7/1998......... 2/3/2000, 65 FR 52.1076(c).
Baltimore Ozone 5245.
Nonattainment
Area.
15% Rate of Progress Plan....... Metropolitan 5/5/1998.......... 7/19/2000, 65 FR 52.1076(d).
Washington Ozone 44686.
Nonattainment
Area.
Post-1996 Rate of Progress Plan Philadelphia- 12/24/1997,....... 2/3/2000, 65 FR 52.1076(f).
& contingency measures. Wilmington- 4/24/1998......... 5252.
Trenton Ozone
Nonattainment
Area (Cecil
County).
8/18/1998,........ 9/19/2001, 66 FR
12/21/1999........ 44809.
12/28/2000,....... 4/15/2004, 69 FR 52.1076(f)(3).
3/8/2004.......... 19939.
Ozone Attainment Plan........... Philadelphia- 4/29/1998,........ 10/29/2001, 66 FR 52.1076(h).
Wilmington- 8/18/1998,........ 54578.
Trenton Ozone 12/21/1999,.......
Nonattainment 12/28/2000,.......
Area (Cecil 8/31/2001.........
County).
9/2/2003.......... 10/27/2003, 68 FR
61103.
Transportation Conformity Philadelphia- 4/29/1998,........ 10/29/2001, 66 FR 52.1076(i).
Budgets. Wilmington- 8/18/1998,........ 54578.
Trenton Ozone 12/21/1999,.......
Nonattainment 12/28/2000........
Area (Cecil
County).
Post-1996 Rate of Progress Plan Metropolitan 12/24/1997,....... 9/26/2001, 66 FR 52.1076(j).
& contingency measures. Baltimore Ozone 4/24/1998,........ 49108.
Nonattainment 8/18/1998,........
Area. 12/21/1999,.......
12/28/2000........
Ozone Attainment Plan........... Metropolitan 4/29/1998,........ 10/30/2001, 66 FR 52.1076(k).
Baltimore Ozone 8/18/1998,........ 54666.
Nonattainment 12/21/1999,.......
Area. 12/28/2000,.......
8/31/2001.........
9/2/2003.......... 10/27/2003, 68 FR 52.1076(k).
61103.
Mobile budgets.................. Metropolitan 8/31/2001......... 10/30/2001, 66 FR 52.1076(l).
Baltimore Ozone 54666.
Nonattainment
Area.
9/2/2003.......... 10/27/2003, 68 FR
61103.
Mobile budgets (2005)........... Metropolitan 9/2/2003.......... 10/27/2003, 68 FR 52.1076(m).
Baltimore Ozone 61103.
Nonattainment
Area.
[[Page 59]]
Philadelphia-
Wilmington-
Trenton Ozone
Nonattainment
Area (Cecil
County).
Mobile budgets (2005 Rate of Metropolitan 11/3/2003......... 2/13/2004, 69 FR 52.1076(n).
Progress Plan). Baltimore Ozone 7133.
Nonattainment
Area.
Extension for incorporation of All ozone 7/9/2002.......... 1/16/2003, 68 FR 52.1078(b).
the on-board diagnostics (OBD) nonattainment 2208.
testing program into the areas.
Maryland I/M SIP.
Photochemical Assessment Metropolitan 3/24/1994......... 9/11/1995, 60 FR 52.1080.
Monitoring Stations (PAMS) Baltimore and 47081.
Program. Metropolitan
Washington Ozone
Nonattainment
Areas.
Consultation with Local All nonattainment 10/8/1981......... 4/8/1982, 47 FR 52.1100(c)(63).
Officials (CAA Sections 121 & & PSD areas. 15140.
127).
Lead (Pb) SIP................... City of Baltimore. 10/23/1980........ 2/23/1982, 47 FR 52.1100(c)(60),
7835. (61).
Carbon Monoxide Maintenance Plan City of Baltimore-- 9/20/1995......... 10/31/1995, 60 FR 52.1100(c)(117).
Regional Planning 7/15/2004......... 55321. Revised Carbon
District 118. 7/15/2004......... 4/4/2005, 70 FR Monoxide
16958. Maintenance Plan
Base Year
Emissions
Inventory using
MOBILE6.
Carbon Monoxide Maintenance Plan Montgomery County 10/12/1995........ 1/30/1996, 61 FR 52.1100(c)(118).
Election 3/3/2004.......... 2931. Revised Carbon
Districts 4, 7, 4/04/2005, 70 FR Monoxide
and 13; Prince 16958. Maintenance Plan
Georges County Base Year
Election Emissions
Districts 2, 6, Inventory using
12, 16, 17, and MOBILE6.
18.
Ozone Maintenance Plan.......... Kent and Queen 2/4/2004.......... 10/21/2004, 69 FR 52.1100(c)(187);
Anne's Counties. 61766. SIP effective
date is 11/22/04.
1996-1999 Rate-of-Progress Plan Washington DC 1- 12/20/1997,....... 5/16/2005, 70 FR Only the TCMs in
SIP and the Transportation hour ozone 5/20/1999......... 25688. Appendix H of the
Control Measures (TCMs) in nonattainment 5/20/1999
Appendix H. area. revision.
1999 motor vehicle
emissions budgets
of 128.5 tons per
day (tpy) of VOC
and 196.4 tpy of
NOX.
1990 Base Year Inventory Washington DC 1- 9/2/2003,......... 5/16/2005, 70 FR .
Revisions. hour ozone 2/24/2004......... 25688.
nonattainment
area.
1999-2005 Rate-of-Progress Plan Washington DC 1- 9/2/2003,......... 5/16/2005, 70 FR Only the TCMs in
SIP Revision and the hour ozone 2/24/2004......... 25688. Appendix J of the
Transportation Control Measures nonattainment 2/24/2004
(TCMs) in Appendix J. area. revision 2002
motor vehicle
emissions budgets
(MVEBs) of 125.2
tons per day
(tpy) for VOC and
290.3 tpy of NOX,
and, 2005 MVEBs
of 97.4 tpy for
VOC and 234.7 tpy
of NOX.
VMT Offset SIP Revision......... Washington DC 1- 9/2/2003,......... 5/16/2005, 70 FR
hour ozone 2/24/2004......... 25688.
nonattainment
area.
Contingency Measure Plan........ Washington, DC 9/2/2003,......... 5/16/2005, 70 FR
Area. 2/24/2004......... 25688.
1-hour Ozone Modeled Washington DC 1- 9/2/2003,......... 5/16/2005, 70 FR
Demonstration of Attainment. hour ozone 2/24/2004......... 25688.
nonattainment
area.
Attainment Demonstration and Washington County. 12/20/2004,....... 8/17/2005, 70 FR
Early Action Plan for the 2/28/2005......... 48283.
Washington County Ozone Early
Action Compact Area.
[[Page 60]]
1-Hour Ozone Attainment Plan.... Washington DC 1- 9/2/2003,......... 11/16/2005, 70 FR
hour ozone 2/24/2004......... 69440.
nonattainment
area.
8-Hour Ozone Maintenance Plan Kent and Queen 5/2/2006,......... 12/22/2006, 71 FR
for the Kent and Queen Anne's Anne's Counties. 5/19/2006......... 76920.
Area.
Reasonable Further Progress Plan Baltimore 1997 8- 6/4/2007.......... 6/4/2010, 75 FR
(RFP), Reasonably Available hour ozone 31709.
Control Measures, and moderate
Contingency Measures. nonattainment
area.
2002 Base Year Inventory for Baltimore 1997 8- 6/4/2007.......... 6/4/2010, 75 FR
VOC, NOX, and CO. hour ozone 31709.
moderate
nonattainment
area.
2008 RFP Transportation Baltimore 1997 8- 6/4/2007.......... 6/4/2010, 75 FR
Conformity Budgets. hour ozone 31709.
moderate
nonattainment
area.
Reasonable Further Progress Plan Maryland portion 6/4/2007.......... 6/11/2010, 75 FR
(RFP), Reasonably Available of the 33172.
Control Measures, and Philadelphia 1997
Contingency Measures. 8-hour ozone
moderate
nonattainment
area.
2002 Base Year Inventory for Maryland portion 6/4/2007.......... 6/11/2010, 75 FR
VOC, NOX, and CO. of the 33172.
Philadelphia 1997
8-hour ozone
moderate
nonattainment
area.
2008 RFP Transportation Maryland portion 6/4/2007.......... 6/11/2010, 75 FR
Conformity Budgets. of the 33172.
Philadelphia 1997
8-hour ozone
moderate
nonattainment
area.
Reasonable Further Progress Plan Washington DC-MD- 6/12/2007......... 9/20/2011, 76 FR
(RFP), Reasonably Available VA 1997 8-hour 58116..
Control Measures, and ozone moderate
Contingency Measures. nonattainment
area.
2002 Base Year Inventory for Washington DC-MD- 6/12/2007......... 9/20/2011, 76 FR
VOC, NOX, and CO. VA 1997 8-hour 58116..
ozone moderate
nonattainment
area.
2008 RFP Transportation Washington DC-MD- 6/12/2007......... 9/20/2011, 76 FR
Conformity Budgets. VA 1997 8-hour 58116.
ozone moderate
nonattainment
area.
Section 110(a)(2) Infrastructure Statewide......... 7/27/07,.......... 11/25/2011, 76 FR This action
Requirements for the 1997 8- 11/30/2007,....... 72624. addresses the
Hour Ozone NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
7/31/2009,........ 8/2/2012, 77 FR This action
6/23/2011......... 45949. addresses the
following CAA
elements or
portions thereof:
110(a)(2)(C),
(D)(i)(II), and
(J).
Section 110(a)(2) Infrastructure Statewide......... 4/3/2008,......... 11/25/2011, 76 FR This action
Requirements for the 1997 PM2.5 4/16/2010......... 72624. addresses the
NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
7/31/2009,........ 8/2/2012, 77 FR This action
6/23/2011......... 45949. addresses the
following CAA
elements or
portions thereof:
110(a)(2)(C),
(D)(i)(II), and
(J).
[[Page 61]]
Section 110(a)(2) Infrastructure Statewide......... 4/16/2010,........ 11/25/2011, 76 FR This action
Requirements for the 2006 PM2.5 7/21/2010......... 72624. addresses the
NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
7/31/2009,........ 8/2/2012, 77 FR This action
6/23/2011......... 45949. addresses the
following CAA
elements or
portions thereof:
110(a)(2)(C),
(D)(i)(II), and
(J).
RACT under the 1997 8-hour ozone Statewide......... 10/17/2011........ 7/13/2012, 77 FR
NAAQS. 41278.
Maryland Regional Haze Plan..... Statewide......... 2/13/2012......... 7/6/2012, 77 FR
33938.
Maryland Regional Haze Plan..... Statewide......... 11/28/2016........ 7/31/2017, 82 FR Establishes the
35451. alternative BART
limits for Verso
Luke Paper Mill
power boiler 24
of 0.28 lb/MMBtu,
measured as an
hourly average
for SO2; and 0.4
lb/MMBtu,
measured on a 30-
day rolling
average for NOX;
and 9,876 SO2 cap
on power boiler
25. Also
incorporates by
reference
monitoring,
recordkeeping and
reporting
requirements.
These
requirements
replace BART
measure
originally
approved on 2/13/
12 for Luke Paper
Mill.
2002 Base Year Emissions Maryland portion 4/3/2008.......... 10/10/2012, 77 FR Sec. 52.1075(l)
Inventory for the 1997 fine of the Washington 61513.
particulate matter (PM2.5) DC-MD-VA 1997
standard. PM2.5
nonattainment
area.
Attainment Demonstration for the Maryland- 6/4/2007.......... 10/29/2012, 77 FR
1997 8-Hour Ozone National Philadelphia- 65488.
Ambient Air Quality Standard Wilmington-
and its Associated Motor Atlantic City
Vehicle Emissions Budgets. Moderate
Nonattainment
Area.
2002 Base Year Emissions Washington County, 6/6/2008.......... 12/7/2012, 77 FR Sec. 52.1075(m)
Inventory for the 1997 fine Maryland 1997 72966.
particulate matter (PM2.5) PM2.5
standard. nonattainment
area.
2002 Base Year Emissions Baltimore, 6/8/2008.......... 12/10/2012, 77 FR Sec. 52.1075(n)
Inventory for the 1997 fine Maryland 1997 73313.
particulate matter (PM2.5) PM2.5
standard. nonattainment
area.
Section 110(a)(2) Infrastructure Statewide......... 8/14/2013......... 7/14/2014, 79 FR This action
Requirements for the 2010 40665. addresses the
Nitrogen Dioxide NAAQS. following CAA
elements:
110(a)(2) (A),
(B), (C), (D),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
Section 110(a)(2) Infrastructure Statewide......... 1/3/2013.......... 7/16/2014, 79 FR This action
Requirements for the 2008 Lead 8/14/2013......... 41437. addresses the
NAAQS. following CAA
elements:
110(a)(2)(A),
(B), (C), (D),
(E), (F), (G),
(H), (J), (K),
(L) and (M)
[[Page 62]]
Maintenance plan for the Statewide......... 7/10/2013......... 10/6/2014, 79 FR See Sec.
Maryland Portion of the 7/26/2013......... 60084. 52.1081(d)
Washington, DC-MD-VA
Nonattainment Area for the 1997
annual fine particulate matter
(PM2.5) National Ambient Air
Quality Standard.
Infrastructure Requirements for Statewide......... 12/27/2012........ 10/16/2014,79 FR This action
the 2008 Ozone NAAQS. 62018. addresses the
following CAA
elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II),
D(ii), (E), (F),
(G), (H), (J),
(K), (L), and (M)
1997 Annual fine particulate Baltimore, MD 1997 12/12/2013........ 12/16/2014, 79 FR See Sec.
(PM2.5) Maintenance Plan for annual PM2.5 75033. 52.2526(k) and
the Baltimore, MD Area. nonattainment Sec.
area. 52.2531(h).
1997 Annual fine particulate Washington County. 12/12/2013........ 12/16/2014, 79 FR See Sec.
(PM2.5) Maintenance Plan for 75037. 52.2526(k) and
the Maryland portion of the Sec.
Martinsburg WV-Hagerstown, MD 52.2531(h).
Area.
Attainment Demonstration Washington, DC-MD- 6/4/2007.......... 4/10/2015, 80 FR 2010 motor vehicle
Contingency Measure Plan. VA 1997 8-Hour 19218. emissions budgets
Ozone of 144.3 tons per
Nonattainment day (tpd) NOX.
Area.
8-hour Ozone Modeled Washington, DC-MD- 6/4/2007.......... 4/10/2015, 80 FR 2009 motor vehicle
Demonstration of Attainment and VA 1997 8-Hour 19218. emissions budgets
Attainment Plan for the 1997 Ozone of 66.5 tons per
ozone national ambient air Nonattainment day (tpd) for VOC
quality standards. Area. and 146.1 tpd of
NOX.
2011 Base Year Emissions Maryland portion 8/4/2014.......... 5/13/2015, 80 FR Sec. 52.1075(o).
Inventory for the 2008 8-hour of the 27258.
Ozone standard. Washington, DC-MD-
VA 2008 ozone
nonattainment
area.
Negative Declaration for the Statewide......... 6/25/2015......... 12/11/2015, 80 FR
Automobile and Light-Duty Truck 76862.
Assembly Coatings CTG.
Serious Area Reasonable Further Baltimore 1997 8- 7/22/2013......... 8/1/2016, 81 FR Sec. 52.1076(cc)
Progress (RFP) Plan and 2012 hour ozone 50362.
RFP Contingency Measures. serious
nonattainment
area.
Updates to the 2002 Base Year Baltimore 1997 8- 7/22/2013......... 8/1/2016, 81 FR Sec. 52.1075(p)
Inventory for VOC, NOX and CO. hour ozone 50362.
serious
nonattainment
area.
2012 Transportation Conformity Baltimore 1997 8- 7/22/2013......... 8/1/2016, 81 FR Sec. 52.1076(dd)
Budgets. hour ozone 50362.
serious
nonattainment
area.
2008 8-Hour Ozone NAAQS The Baltimore Area 5/8/2017.......... 1/29/2018, 83 FR
Nonattainment New Source Review (includes Anne 3982.
Requirements. Arundel,
Baltimore,
Carroll, Harford,
and Howard
Counties and the
city of
Baltimore), the
Philadelphia-
Wilmington-
Atlantic City
Area (includes
Cecil County in
Maryland), and
the Washington,
DC Area (includes
Calvert, Charles,
Frederick,
Montgomery, and
Prince Georges
Counties in
Maryland).
[[Page 63]]
2011 Base Year Emissions Maryland portion 1/19/2017......... 3/1/2018, 83 FR Sec. 52.1075(q).
Inventory for the 2008 8-Hour of the 8752.
Ozone National Ambient Air Philadelphia-
Quality Standard. Wilmington-
Atlantic City, PA-
NJ-DE-MD 2008
ozone
nonattainment
area.
Emission statement requirement State-wide........ 9/25/2017......... 7/16/2018, 83 FR Certification that
certification for the 2008 32796. Maryland's
ozone national ambient air previously
quality standard. approved
regulation at
COMAR 26.11.01.05-
1 meets the
emission
statement
requirements for
the 2008 ozone
NAAQS.
2011 Base Year Emissions Baltimore, 12/30/2016........ 8/9/2018, 83 FR See Sec.
Inventory for the 2008 8-Hour Maryland 2008 38365. 52.1075(r).
Ozone National Ambient Air Ozone Moderate
Quality Standard. Nonattainment
Area.
Section 110(a)(2) Infrastructure Statewide......... 8/18/2018......... 8/31/2018, 83 FR This action
Requirements for the 2012 PM2.5 44482. addresses the
NAAQS. following CAA
elements:
110(a)(2)(A),
(B), (C),
(D)(i)(I),
(D)(i)(II),
D(ii), (E), (F),
(G), (H), (J),
(K), (L), and
(M). This action
does not address
the portion of
CAA section
110(a)(2)(C)
related to NNSR
nor CAA section
110(a)(2)(I).
Regional Haze Five-Year Progress Statewide......... 8/9/2017.......... 11/26/2018, 83 FR
Report. 60363.
Reasonably Available Control Statewide......... 8/18/2016......... 2/20/2019, 84 FR
Technology under 2008 8-hour 5004.
ozone National Ambient Air
Quality Standard.
Maintenance plan for the Calvert, Charles, 2/5/2018.......... 4/15/2019, 84 FR Sec.
Maryland portion of the Frederick, 15108. 52.1076(ee).
Washington, DC-MD-VA Montgomery, and
Nonattainment Area for the 2008 Prince George's
8-hour ozone National Ambient Counties.
Air Quality Standard.
----------------------------------------------------------------------------------------------------------------
[69 FR 69306, Nov. 29, 2004]
Editorial Note: For Federal Register citations affecting Sec.
52.1070, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1071 Classification of regions.
The Maryland plans were evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Cumberland-Keyser Interstate.............................. I I III III III
Central Maryland Intrastate............................... II II III III III
Metropolitan Baltimore Intrastate......................... I I I I I
National Capital Interstate............................... I I III I I
Southern Maryland Intrastate.............................. III III III III III
Eastern Shore Intrastate.................................. II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10870, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 53475, Aug. 12, 1980]
[[Page 64]]
Sec. 52.1072 [Reserved]
Sec. 52.1073 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Maryland's plans for the attainment and maintenance of the
national standards.
(b)-(g) [Reserved]
[38 FR 33716, Dec. 6, 1973, as amended at 45 FR 53475, Aug. 12, 1980; 47
FR 20128, May 11, 1982; 56 FR 23808, May 24, 1991; 58 FR 50848, Sept.
29, 1993; 61 FR 16061, Apr. 11, 1996; 63 FR 47179, Sept. 4, 1998; 70 FR
25718, 25724, May 13, 2005; 70 FR 69443, Nov. 16, 2005; 74 FR 24705, May
26, 2009; 75 FR 82556, Dec. 30, 2010; 77 FR 52605, Aug. 30, 2012; 78 FR
33984, June 6, 2013]
Sec. 52.1074 [Reserved]
Sec. 52.1075 Base year emissions inventory.
(a) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventory for the Baltimore
Metropolitan Statistical Area, submitted by the Secretary, Maryland
Department of the Environment, on September 20, 1995. This submittal
consists of the 1990 base year stationary, area, off-road mobile and on-
road mobile emission inventories in the Baltimore Metropolitan
Statistical Area for the pollutant, carbon monoxide (CO).
(b) EPA approves as a revision to the Maryland Implementation Plan
the 1990 base year emission inventory for the Washington Metropolitan
Statistical Area, submitted by Secretary, Maryland Department of the
Environment, on March 21, 1994 and October 12, 1995. This submittal
consist of the 1990 base year stationary, area and off-road mobile and
on-road mobile emission inventories in the Washington Statistical Area
for the pollutant, carbon monoxide (CO).
(c) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventories for the Maryland ozone
nonattainment areas submitted by the Secretary of Maryland Department of
Environment on March 21, 1994. This submittal consists of the 1990 base
year point, area, non-road mobile, biogenic and on-road mobile source
emission inventories for the following pollutants: volatile organic
compounds (VOC), carbon monoxide (CO), and oxides of nitrogen
(NOX).
(d) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventories for the Maryland ozone
nonattainment areas: Baltimore nonattainment areas, Cecil County, and
Kent and Queen Anne's Counties submitted by the Secretary of Maryland
Department of Environment on March 21, 1994. This submittal consists of
the 1990 base year point, area, non-road mobile, biogenic and on-road
mobile source emission inventories for the following pollutants:
volatile organic compounds (VOC), carbon monoxide (CO), and oxides of
nitrogen (NOX).
(e) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventory for the Maryland portion of
the Metropolitan Washington DC ozone nonattainment area submitted by the
Secretary of MDE on March 21, 1994. This submittal consists of the 1990
base year point, area, highway mobile, non-road mobile, and biogenic
source emission inventories in the area for the following pollutants:
Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of
nitrogen (NOX).
(f) EPA approves as a revision to the Maryland State Implementation
Plan an amendment to the 1990 base year emission inventories for the
Maryland portion of the Metropolitan Washington DC ozone nonattainment
area submitted by the Secretary of Maryland of the Department
Environment on December 24, 1997. This submittal consists of amendments
to the 1990 base year point, area, highway mobile, and non-road mobile
source emission inventories in the area for the following pollutants:
Volatile organic compounds (VOC), and oxides of nitrogen
(NOX).
(g) EPA approves revisions to the Maryland State Implementation Plan
amending the 1990 base year emission inventories for the Baltimore ozone
nonattainment area, submitted by the Secretary of Maryland Department of
the Environment on December 24, 1997. This submittal consists of
amendments to the 1990 base year point, area, highway mobile and non-
road mobile source
[[Page 65]]
emission inventories for volatile organic compounds and nitrogen oxides
in the Baltimore ozone nonattainment area.
(h) EPA approves revisions to the Maryland State Implementation Plan
amending the 1990 base year emission inventories for the Cecil County
portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area,
submitted by the Secretary of the Maryland Department of the Environment
on December 24, 1997. This submittal consists of amendments to the 1990
base year point, area, highway mobile and non-road mobile source
emission inventories for volatile organic compounds and nitrogen oxides
in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone
nonattainment area.
(i) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Baltimore 1997 8-
hour ozone moderate nonattainment area submitted by the Secretary of the
Maryland Department of the Environment on June 4, 2007. This submittal
consists of the 2002 base year point, area, non-road mobile, and on-road
mobile source inventories in area for the following pollutants: Volatile
organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides
(NOX).
(j) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Maryland portion
of the Philadelphia 1997 8-hour ozone moderate nonattainment area
submitted by the Secretary of the Maryland Department of the Environment
on June 4, 2007. This submittal consists of the 2002 base year point,
area, non-road mobile, and on-road mobile source inventories in area for
the following pollutants: volatile organic compounds (VOC), carbon
monoxide (CO) and nitrogen oxides (NOX).
(k) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Washington DC-MD-
VA 1997 8-hour ozone moderate nonattainment area submitted by the
Secretary of the Maryland Department of the Environment on June 4, 2007.
This submittal consists of the 2002 base year point, area, non-road
mobile, and on-road mobile source inventories in area for the following
pollutants: volatile organic compounds (VOC), carbon monoxide (CO) and
nitrogen oxides (NOX).
(l) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Maryland portion of
the Washington DC-MD-VA 1997 fine particulate matter (PM2.5)
nonattainment area submitted by the Maryland Department of Environment
on April 3, 2008. The 2002 base year emissions inventory includes
emissions estimates that cover the general source categories of point
sources, non-road mobile sources, area sources, on-road mobile sources,
and biogenic sources. The pollutants that comprise the inventory are
nitrogen oxides (NOX), volatile organic compounds (VOCs),
PM2.5, coarse particles (PM10), ammonia
(NH3), and sulfur dioxide (SO2).
(m) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Washington County,
Maryland 1997 fine particulate matter (PM2.5) nonattainment
area submitted by the Maryland Department of Environment on June 6,
2008. The 2002 base year emissions inventory includes emissions
estimates that cover the general source categories of point sources,
non-road mobile sources, area sources, on-road mobile sources, and
biogenic sources. The pollutants that comprise the inventory are
nitrogen oxides (NOX), volatile organic compounds (VOCs),
PM2.5, coarse particles (PM10), ammonia
(NH3), and sulfur dioxide (SO2).
(n) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Baltimore, Maryland
1997 fine particulate matter (PM2.5) nonattainment area
submitted by the Maryland Department of Environment on June 6, 2008. The
2002 base year emissions inventory includes emissions estimates that
cover the general source categories of point sources, non-road mobile
sources, area sources, on-road mobile sources, and biogenic sources. The
pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOCs), PM2.5,
coarse
[[Page 66]]
particles (PM10), ammonia (NH3), and sulfur
dioxide (SO2).
(o) EPA approves as a revision to the Maryland State Implementation
Plan the 2011 base year emissions inventory for the Maryland portion of
the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted
by the Maryland Department of Environment on August 4, 2014. The 2011
base year emissions inventory includes emissions estimates that cover
the general source categories of point sources, non-road mobile sources,
area sources, on-road mobile sources, and biogenic sources. The
pollutants that comprise the inventory are carbon monoxide (CO),
nitrogen oxides (NOX) and volatile organic compounds (VOC).
(p) EPA approves, as a revision to the Maryland State Implementation
Plan, updates to the 2002 base year emissions inventories previously
approved under paragraph (i) of this section for the Baltimore 1997 8-
hour ozone serious nonattainment area (Area) submitted by the Secretary
of the Maryland Department of the Environment on July 22, 2013. This
submittal consists of updated 2002 base year point, area, non-road
mobile, and on-road mobile source inventories in the Area for the
following pollutants: Volatile organic compounds (VOC), carbon monoxide
(CO) and nitrogen oxides (NOX).
(q) EPA approves, as a revision to the Maryland state implementation
plan the 2011 base year emissions inventory for the Maryland portion of
the Philadelphia-Wilmington-Atlantic City marginal nonattainment area
for the 2008 8-hour ozone national ambient air quality standards
submitted by the Maryland Department of the Environment on January 19,
2017, as amended July 20, 2017. The 2011 base year emissions inventory
includes emissions estimates that cover the general source categories of
stationary point, area (nonpoint), nonroad mobile, onroad mobile, and
Marine-Air-Rail (M-A-R). The inventory included actual annual emissions
and typical summer day emissions for the months of May through September
for the ozone precursors, VOC and NOX.
(r) EPA approves as a revision to the Maryland state implementation
plan the 2011 base year emissions inventory for the Baltimore, Maryland
moderate nonattainment area for the 2008 8-hour ozone national ambient
air quality standards submitted by the Maryland Department of the
Environment on December 30, 2016. The 2011 base year emissions inventory
includes emissions estimates that cover the general source categories of
stationary point, quasi-point, area (nonpoint), nonroad mobile, onroad
mobile, and Marine-Air-Rail (M-A-R). The inventory includes actual
annual emissions and typical summer day emissions for the months of May
through September for the ozone precursors, VOC and NOX.
[60 FR 55326, Oct. 31, 1995]
Editorial Note: For Federal Register citations affecting Sec.
52.1075, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1076 Control strategy plans for attainment
and rate-of-progress: Ozone.
(a) EPA is approving as a revision to the Maryland State
Implementation Plan the 15 Percent Rate of Progress Plan and associated
contingency measures for the Cecil County ozone nonattainment area,
submitted by the Secretary of the Maryland Department of the Environment
on July 21, 1995.
(b) EPA approves as a revision to the Maryland State Implementation
Plan, the Stage II vapor recovery comparability plan for the counties of
Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset,
St. Mary's, Talbot, Washington, Wicomico, and Worcester Counties
submitted by the Maryland Department of the Environment on November 5,
1997.
(c) EPA approves as a revision to the Maryland State Implementation
Plan, the 15 Percent Rate of Progress Plan for the Baltimore ozone
nonattainment area, submitted by the Secretary of Maryland Department of
the Environment on October 7, 1998.
(d) EPA approves the Maryland's 15 Percent Rate of Progress Plan for
the Maryland portion of the Metropolitan Washington, D.C. ozone
nonattainment area, submitted by the Secretary of the Maryland
Department of the Environment on May 5, 1998.
(e) [Reserved]
[[Page 67]]
(f)(1) EPA approves revisions to the Maryland State Implementation
Plan for post 1996 rate of progress plans for milestone years 1999, 2002
and 2005 for the Cecil County portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area. These revisions were submitted by the
Secretary of the Maryland Department of the Environment on December 24,
1997, as revised on April 24 and August 18, 1998, December 21, 1999 and
December 28, 2000.
(2) EPA approves the contingency plans for failure to meet rate of
progress in the Cecil County portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area for milestone years 1999, 2002 and
2005. These plans were submitted by the Secretary of the Maryland
Department of the Environment on December 24, 1997, as revised on April
24 and August 18, 1998, December 21, 1999 and December 28, 2000.
(3) EPA approves revisions to the Maryland State Implementation
Plan, submitted by the Secretary of the Maryland Department of the
Environment on March 8, 2004, for the rate-of-progress (ROP) plan for
year 2005 for the Cecil County portion of the Philadelphia-Wilmington-
Trenton 1-hour ozone nonattainment area. These revisions update Cecil
County's 2005 ROP plan's 1990 and 2005 motor vehicle emissions
inventories and motor vehicle emissions budgets to reflect the use of
the MOBILE6 emissions model, establish motor vehicle emissions budgets
of 3.0 tons per day (tpd) of volatile organic compounds and 11.3 tpd of
nitrogen oxides, and amend the contingency measures associated with the
2005 ROP plan for Cecil County.
(g) [Reserved]
(h) EPA approves the attainment demonstration for the Philadelphia
area submitted as a revision to the State Implementation Plan by the
Maryland Department of the Environment on April 29, 1998, August 18,
1998, December 21, 1999, December 28, 2000, August 31, 2001, and
September 2, 2003 including its RACM analysis and determination. EPA is
also approving the revised enforceable commitments made to the
attainment plan for the Baltimore severe ozone nonattainment area which
were submitted on December 28, 2000. The enforceable commitments are to
submit measures by October 31, 2001 for additional emission reductions
as required in the attainment demonstration test, and to revise the SIP
and motor vehicle emissions budgets by October 31, 2001 if the
additional measures affect the motor vehicle emissions inventory; and to
perform a mid-course review by December 31, 2003.
(i) EPA approves the following mobile budgets of Maryland's
attainment plan for the Philadelphia area:
Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
Type of control strategy SIP Year VOC (TPD) NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration..................................... 2005 3.0 11.3
----------------------------------------------------------------------------------------------------------------
(1) [Reserved]
(2) Similarly, EPA is approving the 2005 attainment demonstration
and its current budgets because Maryland has provided an enforceable
commitment to submit new budgets as a SIP revision to the attainment
plan consistent with any new measures submitted to fill any shortfall,
if the new additional control measures affect on-road motor vehicle
emissions.
(j)(1) EPA approves revisions to the Maryland State Implementation
Plan for post 1996 rate of progress plans for milestone years 1999, 2002
and 2005 for the Baltimore severe ozone nonattainment area. These
revisions were submitted by the Secretary of the Maryland Department of
the Environment on December 24, 1997, as revised on April 24 and August
18, 1998, December 21, 1999 and December 28, 2000.
(2) EPA approves the contingency plans for failure to meet rate of
progress in the Baltimore severe ozone nonattainment area for milestone
years 1999, 2002 and 2005. These plans were submitted by the Secretary
of the Maryland Department of the Environment on December 24, 1997, as
revised on April 24 and August 18, 1998, December 21, 1999 and December
28, 2000.
[[Page 68]]
(k) EPA approves the attainment demonstration for the Baltimore area
submitted as a revision to the State Implementation Plan by the Maryland
Department of the Environment on April 29, 1998, August 18, 1998,
December 21, 1999, December 28, 2000, August 20, 2001, and September 2,
2003 including its RACM analysis and determination. EPA is also
approving the revised enforceable commitments made to the attainment
plan for the Baltimore severe ozone nonattainment area which were
submitted on December 28, 2000. The enforceable commitments are to
submit measures by October 31, 2001 for additional emission reductions
as required in the attainment demonstration test, and to revise the SIP
and motor vehicle emissions budgets by October 31, 2001 if the
additional measures affect the motor vehicle emissions inventory; and to
perform a mid-course review by December 31, 2003.
(l) EPA approves the following mobile budgets of the Baltimore area
attainment plan:
Transportation Conformity Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
Type of control strategy SIP Year VOC (TPD) NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration..................................... 2005 55.0 146.9
----------------------------------------------------------------------------------------------------------------
(1) [Reserved]
(2) Similarly, EPA is approving the 2005 attainment demonstration
and its current budgets because Maryland has provided an enforceable
commitment to submit new budgets as a SIP revision to the attainment
plan consistent with any new measures submitted to fill any shortfall,
if the new additional control measures affect on-road motor vehicle
emissions.
(m) EPA approves the State of Maryland's revised 1990 and the 2005
VOC and NOX highway mobile emissions inventories and the 2005
motor vehicle emissions budgets for the one-hour ozone attainment plans
for the Baltimore severe ozone nonattainment area and the Cecil County
portion of the Philadelphia-Wilmington-Trenton severe ozone
nonattainment area. These revisions were submitted by the Maryland
Department of the Environment on September 2, 2003. Submission of these
revised MOBILE6-based motor vehicle emissions inventories was a
requirement of EPA's approval of the attainment demonstration under
paragraphs (h) and (k) of this section.
(n) EPA approves revisions to the Maryland State Implementation Plan
for Post-1996 Rate of Progress (ROP) Plans for the Baltimore severe 1-
hour ozone nonattainment area. These revisions were submitted by the
Secretary of the Maryland Department of the Environment on December 23,
2003 and consist of the following:
(1) Revisions to the base year 1990 emissions inventory which
reflect the use of the MOBILE6 motor vehicle emissions model. These
revisions establish motor vehicle emissions inventories for 1990 of
165.14 tons per day of volatile organic compounds (VOC) and 228.21 tons
per day of oxides of nitrogen (NOX).
(2) Revisions to the year 2005 motor vehicle emissions budgets
(MVEBs) for transportation conformity purposes, reflecting the use of
the MOBILE6 motor vehicle emissions model. These revisions establish a
motor vehicle emissions budget of 55 tons per day of volatile organic
compounds (VOC) and 144.5 tons per day of oxides of nitrogen
(NOX). EPA approved new 2005 MOBILE6-based MVEBs for the
Baltimore area's 1-hour ozone attainment demonstration on October 27,
2003 (68 FR 61106). Those MVEBs became effective on November 26, 2003.
The approved 2005 attainment plan MVEBs budgets are 55.3 tons per day of
VOC and 146.9 tons per day of NOX. The MVEBs of the 2005 ROP
plan are less than the MVEBs in the approved attainment demonstration.
These more restrictive MVEBs, contained in the ROP plan, are the
applicable MVEBs to be used in transportation conformity demonstrations
for the year 2005 for the Baltimore area.
(3) Revisions to the 2005 ROP plan to reallocate some of the
contingency
[[Page 69]]
measures established in prior SIP revisions to the control measures
portion of the plan. EPA guidance allows states an additional year to
adopt new contingency measures to replace those reallocated to the
control measures portion of the plan. The State of Maryland's December
23, 2003 SIP revision submittal includes an enforceable commitment to
replace those contingency measures reallocated to the control measures
portion of the 2005 ROP plan and to submit these additional contingency
measures by October 31, 2004.
(o) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that the Washington, DC severe
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2005. EPA also has determined
that the Washington, DC severe 1-hour ozone nonattainment area is not
subject to the imposition of the section 185 penalty fees.
(p) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that that the Philadelphia-
Wilmington-Trenton severe 1-hour ozone nonattainment area attained the
1-hour ozone NAAQS by the applicable attainment date of November 15,
2005. EPA also has determined that the Philadelphia-Wilmington-Trenton
severe 1-hour ozone nonattainment area is not subject to the imposition
of the section 185 penalty fees.
(q) EPA approves revisions to the Maryland State Implementation Plan
consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Baltimore 1997 8-hour ozone moderate nonattainment area submitted by the
Secretary of the Maryland Department of the Environment on June 4, 2007.
(r) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Baltimore 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Maryland Department
of the Environment on June 4, 2007:
Transportation Conformity Emissions Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
NOX (TPD) Effective date of adequacy
Type of control strategy SIP Year VOC (TPD) determination or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan................. 2008 41.2 106.8 April 13, 2009, (74 FR 13433),
published March 27, 2009.
----------------------------------------------------------------------------------------------------------------
(s) EPA approves revisions to the Maryland State Implementation Plan
consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Maryland portion of the Philadelphia 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Maryland Department
of the Environment on June 4, 2007.
(t) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Maryland portion of the Philadelphia 1997 8-hour
ozone moderate nonattainment area submitted by the Secretary of the
Maryland Department of the Environment on June 4, 2007:
Transportation Conformity Emissions Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
NOX (TPD) Effective date of adequacy
Type of control strategy SIP Year VOC (TPD) determination or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan.................... 2008 2.3 7.9 April 13, 2009, (74 FR 13433),
published March 27, 2009.
----------------------------------------------------------------------------------------------------------------
(u) EPA approves revisions to the Maryland State Implementation Plan
consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Washington
[[Page 70]]
DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the
Secretary of the Maryland Department of the Environment on June 4, 2007.
(v) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Washington, DC-MD-VA 1997 8-hour ozone moderate
nonattainment area submitted by the Director of the Virginia Department
of Environment Quality on June 12, 2007:
Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area
----------------------------------------------------------------------------------------------------------------
Effective date of
Type of control strategy SIP Year VOC (TPD) NOX (TPD) adequacy determination
or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan............... 2008 70.8 159.8 September 21, 2009 (74
FR 45853), published
September 4, 2009.
----------------------------------------------------------------------------------------------------------------
(w) Determination of attainment. EPA has determined, as of February
28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air
quality data, the Washington, DC-MD-VA moderate nonattainment area has
attained the 1997 8-hour ozone National Ambient Air Quality Standard
(NAAQS). This determination, in accordance with 40 CFR 51.918, suspends
the requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 8-hour ozone NAAQS.
(x) Determination of attainment. EPA has determined, as of March 26,
2012, that based on 2008 to 2010 ambient air quality data, Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate
nonattainment area has attained the 1997 8-hour ozone NAAQS. This
determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual 8-hour ozone NAAQS.
(y) Determination--EPA has determined that, as of July 12, 2012, the
Baltimore 1-hour ozone nonattainment area has attained the 1-hour ozone
standard and that this determination obviates the requirement for
Maryland to submit for the Baltimore area the 1-hour ozone contingency
measure requirements of section 172(c)(9) of the Clean Air Act.
(z) EPA approves the attainment demonstration portion of the
attainment plan for the 1997 8-hour ozone NAAQS for the Philadelphia
Area submitted as a revision to the State Implementation Plan by the
Secretary of the Maryland Department of the Environment on June 4, 2007.
EPA also approves the 2009 motor vehicle emissions budgets associated
with the attainment demonstration for Cecil County, Maryland.
Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
Type of control strategy SIP Year VOC (TPD) NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration............................... 2009 7.3 2.2
----------------------------------------------------------------------------------------------------------------
(aa) EPA approves revisions to the Maryland State Implementation
Plan consisting of the attainment demonstration required under 40 CFR
51.908 demonstrating attainment of the 1997 ozone NAAQS by the
applicable attainment date of June 15, 2010 and the failure to attain
contingency measures for the Washington, DC-MD-VA 1997 8-hour ozone
moderate nonattainment area submitted by the Secretary of the Maryland
Department of the Environment on June 4, 2007.
[[Page 71]]
(bb) EPA approves the following 2009 attainment demonstration and
2010 motor vehicle emissions budgets (MVEBs) for the Washington, DC-MDVA
1997 8-hour ozone moderate nonattainment area submitted by the Secretary
of the Maryland Department of the Environment on June 4, 2007:
Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area
----------------------------------------------------------------------------------------------------------------
NOX (TPD) Effective date of adequacy
Type of control strategy SIP Year VOC (TPD) determination or SIP approval
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration................. 2009 66.5 146.1 February 22, 2013 (78 FR 9044),
published February 7, 2013.
Contingency Measures Plan................ 2010 ........... 144.3 February 22, 2013 (78 FR 9044),
published February 7, 2013.
----------------------------------------------------------------------------------------------------------------
(cc) EPA approves revisions to the Maryland State Implementation
Plan consisting of the serious area reasonable further progress (RFP)
plan for the Baltimore 1997 8-hour ozone serious nonattainment area,
including 2011 and 2012 RFP milestones, updates to the 2008 RFP
milestones previously approved by EPA under paragraph (q) of this
section, and contingency measures for failure to meet 2012 RFP,
submitted by the Secretary of the Maryland Department of the Environment
on July 22, 2013.
(dd) EPA approves the following 2012 RFP motor vehicle emissions
budgets (MVEBs) for the Baltimore 1997 8-hour ozone serious
nonattainment area, in tons per day (tpd) of volatile organic compounds
(VOC) and nitrogen oxides (NOX), submitted by the Secretary
of the Maryland Department of the Environment on July 22, 2013:
Transportation Conformity Emissions Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
Effective date of
Type of control strategy SIP Year VOC (tpd) NOX (tpd) adequacy determination
or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan............... 2012 40.2 93.5 March 8, 2016 (81 FR
8711), published
February 22, 2016.
----------------------------------------------------------------------------------------------------------------
(ee) EPA approves the maintenance plan for the Maryland portion of
the Washington, DC-MD-VA nonattainment area for the 2008 8-hour ozone
NAAQS submitted by the Secretary of the Maryland Department of the
Environment on February 5, 2018. The maintenance plan includes 2014,
2025, and 2030 motor vehicle emission budgets (MVEBs) for VOC and
NOX to be applied to all future transportation conformity
determinations and analyses for the entire Washington, DC-MD-VA area for
the 2008 8-hour ozone NAAQS. The maintenance plan includes two sets of
VOC and NOX MVEBs: The MVEBs without transportation buffers
are effective as EPA has determined them adequate for transportation
conformity purposes; the MVEBs with transportation buffers will be used
only as needed in situations where the conformity analysis must be based
on different data, models, or planning assumptions, including, but not
limited to, updates to demographic, land use, or project-related
assumptions, than were used to create the set of MVEBs without
transportation buffers. The technical analyses used to demonstrate
compliance with the MVEBs and the need, if any, to use transportation
buffers will be fully documented in the conformity analysis and follow
the Transportation Planning Board's (TPB) interagency consultation
procedures.
[[Page 72]]
Table 9 to Paragraph (ee)--Motor Vehicle Emissions Budgets for the Washington, DC-MD-VA Area
----------------------------------------------------------------------------------------------------------------
Effective date of
Type of control strategy SIP Year VOC (TPD) NOX (TPD) adequacy determination
of SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan...................... 2014 61.3 136.8 5/15/2019.
2025 33.2 24.1
2030 40.7 27.4
----------------------------------------------------------------------------------------------------------------
Table 10 to Paragraph (ee)--Motor Vehicle Emissions Budgets With Transportation Buffers for the Washington, DC-
MD-VA Area
----------------------------------------------------------------------------------------------------------------
Effective date of
Type of control strategy SIP Year VOC (TPD) NOX (TPD) adequacy determination
of SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan...................... 2014 61.3 136.8 Contingent and effective
2025 39.8 48.8 upon interagency
2030 28.9 32.9 consultation.
----------------------------------------------------------------------------------------------------------------
[62 FR 40458, July 29, 1997]
Editorial Note: For Federal Register citations affecting Sec.
52.1076, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. Sec. 52.1077-1079 [Reserved]
Sec. 52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program.
On March 24, 1994 Maryland's Department of the Environment submitted
a plan for the establishment and implementation of a Photochemical
Assessment Monitoring Stations (PAMS) Program as a state implementation
plan (SIP) revision, as required by section 182(c)(1) of the Clean Air
Act. EPA approved the Photochemical Assessment Monitoring Stations
(PAMS) Program on September 11, 1995 and made it part of Maryland SIP.
As with all components of the SIP, Maryland must implement the program
as submitted and approved by EPA.
[60 FR 47084, Sept. 11, 1995]
Sec. 52.1081 Control strategy: Particulate matter.
(a) Determination of Attainment. EPA has determined, as of January
12, 2009, the Maryland portion of the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5 NAAQS. This determination, in accordance with 40
CFR 52.1004(c), suspends the requirements for this area to submit an
attainment demonstration and associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
the area continues to attain the 1997 PM2.5 NAAQS.
(b) Determination of Attainment. EPA has determined, as of November
20, 2009, the Martinsburg-Hagerstown, WV-MD PM2.5
nonattainment area has attained the 1997 PM2.5 NAAQS. This
determination, in accordance with 40 CFR 52.1004(c), suspend the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 PM2.5 NAAQS.
(c) Determination of Attainment. EPA has determined, as of May 22,
2012, based on ambient air quality data of 2008 to 2010 and the
preliminary data of 2011, that the PM2.5 nonattainment area
of Baltimore, Maryland has attained the 1997 annual PM2.5
NAAQS. This determination, in accordance with 40 CFR 51.1004(c),
suspends the requirements for this area to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIPs related to attainment of the standard for as long as this
area continues to meet the 1997 annual PM2.5 NAAQS.
[[Page 73]]
(d) Maintenance Plan and Transportation Conformity Budgets. EPA
approves the maintenance plan for the Maryland portion of the
Washington, DC-MD-VA nonattainment area for the 1997 annual
PM2.5 NAAQS submitted by the State of Maryland for the entire
Area on July 10, 2013 and supplemented on July 26, 2013. The maintenance
plan includes motor vehicle emission budgets (MVEBs) to be applied to
all future transportation conformity determinations and analyses for the
entire Washington, DC-MD-VA PM2.5 Area for the 1997
PM2.5 NAAQS. The MVEBs are based on a tiered approach: Tier 1
MVEBs are effective as EPA has determined them adequate for
transportation conformity purposes; Tier 2 mobile budgets will become
effective upon the completion of the interagency consultation process
and fully documented within the first conformity analysis that uses the
Tier 2 MVEBs.
Washington, DC-MD-VA PM2.5 Area's Tier 1 Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
----------------------------------------------------------------------------------------------------------------
Effective
Type of control strategy SIP Year NOX PM2.5 date of SIP
approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan.................................. 2017 41,709 1,787 11/5/14
2025 27,400 1,350
----------------------------------------------------------------------------------------------------------------
Washington, DC-MD-VA PM2.5 Area's Tier 2 Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Type of control strategy SIP Year NOX PM2.5 Effective date of SIP approval
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance Plan............................. 2017 50,051 2,144 Contingent and effective upon interagency consultation.
2025 32,880 1,586
--------------------------------------------------------------------------------------------------------------------------------------------------------
(e) Maintenance Plan and Transportation Conformity Budgets. EPA
approves the maintenance plan for the Baltimore, MD nonattainment area
for the 1997 annual PM2.5 NAAQS submitted by the State of
Maryland on December 12, 2013. The maintenance plan includes motor
vehicle emission budgets (MVEBs) to be applied to all future
transportation conformity determinations and analyses for the Baltimore,
MD Area for the 1997 PM2.5 NAAQS.
Baltimore, MD Area's Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
----------------------------------------------------------------------------------------------------------------
Effective date
Type of control strategy SIP Year NOX PM2.5 of SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan........................................... 2017 29,892.01 1,218.60 12/16/14
2025 21,594.96 1,051.39
----------------------------------------------------------------------------------------------------------------
(f) Maintenance Plan and Transportation Conformity Budgets. EPA
approves the maintenance plan for the Maryland portion of the
Martinsburg, WV-Hagerstown, MD nonattainment area for the 1997 annual
PM2.5 NAAQS submitted by the State of Maryland on December
12, 2013. The maintenance plan includes motor vehicle emission budgets
(MVEBs) to be applied to all future transportation conformity
determinations and analyses for the Maryland portion of the Martinsburg,
WV-Hagerstown, MD Area for the 1997 PM2.5 NAAQS.
[[Page 74]]
Maryland Portion of the Martinsburg, WV-Hagerstown, MD Area's Motor Vehicle Emissions Budgets for the 1997
Annual PM2.5 NAAQS, (tpy)
----------------------------------------------------------------------------------------------------------------
Effective date
Type of control strategy SIP Year NOX PM2.5 of SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan........................................... 2017 4,057.00 149.63 12/16/14
2025 2,774.63 93.35
----------------------------------------------------------------------------------------------------------------
[74 FR 1148, Jan. 12, 2009, as amended at 74 FR 60203, Nov. 20, 2009; 77
FR 30212, May 22, 2012; 79 FR 60084, Oct. 6, 2014; 79 FR 75034, 75037,
Dec. 16, 2014]
Sec. 52.1082 Determinations of attainment.
(a) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Metropolitan Washington,
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle
(PM2.5) nonattainment area attained the 1997 annual
PM2.5 National Ambient Air Quality Standard (NAAQS) by the
applicable attainment date of April 5, 2010. Therefore, EPA has met the
requirement pursuant to CAA section 179(c) to determine, based on the
area's air quality as of the attainment date, whether the area attained
the standard. EPA also determined that the Metropolitan Washington, DC-
MD-VA nonattainment area is not subject to the consequences of failing
to attain pursuant to section 179(d).
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Martinsburg-Hagerstown,
West Virginia-Maryland (WV-MD) fine particle (PM2.5)
nonattainment area attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS) by the applicable attainment date
of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA
section 179(c) to determine, based on the area's air quality as of the
attainment date, whether the area attained the standard. EPA also
determined that the Martinsburg-Hagerstown, WV-MD nonattainment area is
not subject to the consequences of failing to attain pursuant to section
179(d).
(c) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, Washington, DC-MD-VA moderate nonattainment area
has attained the 1997 8-hour ozone NAAQS by the applicable attainment
date of June 15, 2010. Therefore, EPA has met the requirement pursuant
to CAA section 181(b)(2)(A) to determine, based on the area's air
quality as of the attainment date, whether the area attained the
standard. EPA also determined that the Washington, DC-MD-VA moderate
nonattainment area will not be reclassified for failure to attain by its
applicable attainment date pursuant to section 181(b)(2)(A).
(d) Based upon EPA's review of the air quality data for the 3-year
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area (the
Philadelphia Area) attained the 1997 8-hour ozone National Ambient Air
Quality Standard (NAAQS) by the applicable attainment date of June 15,
2011. Therefore, EPA has met the requirement pursuant to CAA section
181(b)(2)(A) to determine, based on the area's air quality as of the
attainment date, whether the area attained the standard. EPA also
determined that the Philadelphia Area nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
(e) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the PM2.5
nonattainment area of Baltimore, Maryland attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the area's air quality as of the
attainment date, whether the area attained the NAAQS. EPA has also
determined that the PM2.5 nonattainment area of Baltimore,
Maryland is not subject to the consequences
[[Page 75]]
of failing to attain pursuant to section 179(d).
(f) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA determined, as of July 12, 2012, that the
Baltimore 1-hour ozone nonattainment area did not attain the 1-hour
ozone standard as of its applicable 1-hour ozone attainment date of
November 15, 2005.
(g) Based on 2009-2011 complete, quality-assured ozone monitoring
data at all monitoring sites in the Baltimore 1-hour ozone nonattainment
area, EPA determined, as of July 12, 2012, that the Baltimore 1-hour
ozone nonattainment area has attained the 1-hour ozone standard.
(h) EPA has determined, as of May 26, 2015, that based on 2012 to
2014 ambient air quality data, the Baltimore nonattainment area has
attained the 1997 8-hour ozone NAAQS. This determination, in accordance
with 40 CFR 51.1118, suspends the requirement for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
this area continues to meet the 1997 8-hour ozone NAAQS.
(i) EPA has determined, as of June 1, 2015, that based on 2012 to
2014 ambient air quality data, the Baltimore nonattainment area has
attained the 2008 8-hour ozone NAAQS. This determination, in accordance
with 40 CFR 51.1118, suspends the requirement for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
this area continues to meet the 2008 8-hour ozone NAAQS.
(j) Based upon EPA's review of the air quality data for the 3-year
period 2013 to 2015, Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
marginal ozone nonattainment area has attained the 2008 8-hour ozone
national ambient air quality standard (NAAQS) by the applicable
attainment date of July 20, 2016. Therefore, EPA has met the requirement
pursuant to CAA section 181(b)(2)(A) to determine, based on the area's
air quality as of the attainment date, whether the area attained the
standard. EPA also determined that the Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE marginal ozone nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
pursuant to section 181(b)(2)(A).
(k) Based upon EPA's review of the air quality data for the 3-year
period 2013 to 2015, the Washington, DC-MD-VA marginal ozone
nonattainment area has attained the 2008 8-hour ozone national ambient
air quality standard (NAAQS) by the applicable attainment date of July
20, 2016. Therefore, EPA has met the requirement pursuant to Clean Air
Act section 181(b)(2)(A) to determine, based on the area's air quality
as of the attainment date, whether the area attained the standard. EPA
also determined that the Washington, DC-MD-VA marginal nonattainment
area will not be reclassified for failure to attain by its applicable
attainment date pursuant to section 181(b)(2)(A).
[77 FR 1413, Jan. 10, 2012, as amended at 77 FR 11741, Feb. 28, 2012; 77
FR 17344, Mar. 26, 2012; 77 FR 30212, May 22, 2012; 77 FR 34819, June
12, 2012; 80 FR 29972, May 26, 2015; 80 FR 30946, June 1, 2015; 82 FR
50820, Nov. 2, 2017; 82 FR 52655, Nov. 14, 2017]
Sec. 52.1083 [Reserved]
Sec. 52.1084 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source and each unit located
in the State of Maryland and for which requirements are set forth under
the CSAPR NOX Annual Trading Program in subpart AAAAA of part
97 of this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Maryland's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is the
basis for the CSAPR Federal Implementation Plan under Sec. 52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
(2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at
[[Page 76]]
the time of the approval of Maryland's SIP revision described in
paragraph (a)(1) of this section, the Administrator has already started
recording any allocations of CSAPR NOX Annual allowances
under subpart AAAAA of part 97 of this chapter to units in the State for
a control period in any year, the provisions of subpart AAAAA of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of CSAPR NOX Annual allowances to units in
the State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.
(b)(1) The owner and operator of each source and each unit located
in the State of Maryland and for which requirements are set forth under
the CSAPR NOX Ozone Season Group 1 Trading Program in subpart
BBBBB of part 97 of this chapter must comply with such requirements with
regard to emissions occurring in 2015 and 2016.
(2) The owner and operator of each source and each unit located in
the State of Maryland and for which requirements are set forth under the
CSAPR NOX Ozone Season Group 2 Trading Program in subpart
EEEEE of part 97 of this chapter must comply with such requirements with
regard to emissions occurring in 2017 and each subsequent year. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Maryland's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
(FIP) under Sec. 52.38(b), except to the extent the Administrator's
approval is partial or conditional.
(3) Notwithstanding the provisions of paragraph (b)(2) of this
section, if, at the time of the approval of Maryland's SIP revision
described in paragraph (b)(2) of this section, the Administrator has
already started recording any allocations of CSAPR NOX Ozone
Season Group 2 allowances under subpart EEEEE of part 97 of this chapter
to units in the State for a control period in any year, the provisions
of subpart EEEEE of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of CSAPR
NOX Ozone Season Group 2 allowances to units in the State for
each such control period shall continue to apply, unless provided
otherwise by such approval of the State's SIP revision.
[76 FR 48366, Aug. 8, 2011, as amended at 81 FR 74586, 74596, Oct. 26,
2016; 83 FR 65924, Dec. 21, 2018]
Sec. 52.1085 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of sulfur dioxide?
(a) The owner and operator of each source and each unit located in
the State of Maryland and for which requirements are set forth under the
CSAPR SO2 Group 1 Trading Program in subpart CCCCC of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Maryland's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is the
basis for the CSAPR Federal Implementation Plan under Sec. 52.39,
except to the extent the Administrator's approval is partial or
conditional.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Maryland's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of CSAPR SO2 Group 1 allowances
under subpart CCCCC of part 97 of this chapter to units in the State for
a control period in any year, the provisions of subpart CCCCC of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of CSAPR SO2 Group 1 allowances to units in
the State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.
[76 FR 48367, Aug. 8, 2011, as amended at 81 FR 74586, Oct. 26, 2016]
[[Page 77]]
Sec. Sec. 52.1086-52.1099 [Reserved]
Sec. 52.1100 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Maryland'' and all revisions submitted by Maryland that
were federally approved prior to November 1, 2004. The information in
this section is available in the 40 CFR, part 52, Volume 2 of 2
(Sec. Sec. 52.1019 to the end of part 52) editions revised as of July
1, 2005 through July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3
(Sec. Sec. 52.1019 to 52.2019) edition revised as of July 1, 2012.
(b) [Reserved]
[78 FR 33984, June 6, 2013]
Sec. Sec. 52.1101-52.1109 [Reserved]
Sec. 52.1110 Small business stationary source technical
and environmental compliance assistance program.
On November 13, 1992, the Acting Director of the Air and Radiation
Management Administration, Maryland Department of the Environment
submitted a plan for the establishment and implementation of a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program as a state implementation plan (SIP) revision, as
required by title V of the Clean Air Act Amendments. EPA approved the
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program on May 16, 1994, and made it part of the Maryland
SIP. As with all components of the SIP, Maryland must implement the
program as submitted and approved by EPA.
[59 FR 25333, May 16, 1994]
Sec. Sec. 52.1111-52.1115 [Reserved]
Sec. 52.1116 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan does not include approvable procedures
for preventing the significant deterioration of air quality.
(b) The following provisions of 40 CFR 52.21 are hereby incorporated
and made a part of the applicable State plan for the State of Maryland.
(1) Definition of federally enforceable (40 CFR 52.21(b)(17)),
(2) Exclusions from increment consumption (40 CFR 52.21(f)(1)(v),
(3), (4)(i)),
(3) Redesignation of areas (40 CFR 52.21(g) (1), (2), (3), (4), (5),
and (6)),
(4) Approval of alternate models (40 CFR 52.21(1)(2)),
(5) Disputed permits or redesignation (40 CFR 52.21(t), and
(6) Delegation of Authority (40 CFR 52.21(u)(1), (2)(ii), (3), and
(4)).
[45 FR 52741, Aug. 7, 1980 and 47 FR 7835, Feb. 23, 1982]
Sec. 52.1117 Control strategy: Sulfur oxides.
(a) [Reserved]
(b) The requirements of Sec. 51.112(a) of this chapter are not met
because the State did not submit an adequate control strategy
demonstration to show that the Maryland Regulation 10.03.36.04B (1) and
(2) would not interfere with the attainment and maintenance of the
national sulfur dioxide standards.
[40 FR 56889, Dec. 5, 1975, as amended at 41 FR 8770, Mar. 1, 1976; 41
FR 54747, Dec. 15, 1976; 51 FR 40676, Nov. 7, 1986]
Sec. 52.1118 [Reserved]
Subpart W_Massachusetts
Sec. 52.1119 Identification of plan--conditional approval.
(a) The following plan revisions were submitted on the dates
specified.
(1) On November 13, 1992, the Massachusetts Department of
Environmental Protection submitted a small business stationary source
technical and environmental compliance assistance program (PROGRAM). On
July 22, 1993, Massachusetts submitted a letter clarifying portions of
the November 13, 1992 submittal. In these submissions, the State commits
to submit adequate legal authority to establish and implement a
compliance advisory panel and to have a fully operational PROGRAM by
November 15, 1994.
(i) Incorporation by reference.
[[Page 78]]
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 13, 1992 submitting a revision to the
Massachusetts State Implementation Plan.
(B) State Implementation Plan Revision for a Small Business
Technical and Environmental Compliance Assistance Program dated November
13, 1992.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 22, 1993 clarifying portions of Massachusetts'
November 13, 1992 SIP revision.
(2) [Reserved]
(3) Massachusetts submitted an infrastructure State Implementation
Plan (ISIP) for the 1997 ozone national ambient air quality standard
(NAAQS) on December 14, 2007, submitted an ISIP for the 2008 Pb NAAQS on
December 4, 2012, and submitted ISIPs for the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS on June 6, 2014. On June
14, 2016, Massachusetts submitted a letter committing to add a
definition of NAAQS to Massachusetts regulation 310 CMR 7.00, and to
submit the amended version of this regulation to EPA as a SIP revision
request, by a date no later than one year from the effective date of
EPA's actions on these ISIPs. In light of this commitment, the portion
of the Commonwealth's ISIP submittals mentioned above made to address
Clean Air Act section 110(a)(2)(A), Emission limits and other control
measures, is conditionally approved.
(4) [Reserved]
(5) Massachusetts submitted an infrastructure State Implementation
Plan (ISIP) for the 1997 ozone national ambient air quality standard
(NAAQS) on December 14, 2007, and submitted ISIPs for the 2008 ozone and
2010 SO2 NAAQS on June 6, 2014. On June 14, 2016,
Massachusetts submitted a letter committing to submit 310 CMR 8.00, The
Prevention and/or Abatement of Air Pollution Episode and Air Pollution
Incident Emergencies, to EPA as a SIP revision request, by a date no
later than one year from the effective date of EPA's actions on these
ISIPs. In light of this commitment, the portions of the Commonwealth's
ISIP submittals mentioned above made to address Clean Air Act section
110 (a)(2)(G), Emergency power, is conditionally approved.
(b) [Reserved]
[59 FR 41708, Aug. 15, 1994, as amended at 61 FR 43976, Aug. 27, 1996;
65 FR 19326, Apr. 11, 2000; 81 FR 93630, Dec. 21, 2016; 84 FR 24721, May
29, 2019]
Effective Date Note: At 84 FR 29383, June 24, 2019, Sec. 52.1119
was amended by removing and reserving paragraphs (a)(3) and (a)(5),
effective July 24, 2019.
Sec. 52.1120 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Massachusetts under section 110 of the
Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National
Ambient Air Quality Standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to January
20, 2017, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Entries in paragraphs (c) and (d) of this section with the EPA
approval date after January 20, 2017 have been approved by EPA for
inclusion in the State Implementation Plan and for incorporation by
reference into the plan as it is contained in this section, and will be
considered by the Director of the Federal Register for approval in the
next update to the SIP compilation.
(2) EPA Region 1 certifies that the materials provided by EPA at the
addresses in paragraph (b)(3) of this section are an exact duplicate of
the officially promulgated state rules/regulations which have been
approved as part of the SIP as of the dates referenced in paragraph
(b)(1).
(3) Copies of the materials incorporated by reference into the SIP
may be inspected at the EPA Region 1 Office, 5 Post Office Square,
Boston, Massachusetts 02109-3912. You may also inspect the material with
an EPA approval date prior to January 20, 2017 at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: https://
www.archives.gov/federal-register/cfr/ibr-locations.html.
[[Page 79]]
(c) EPA-approved regulations.
EPA Approved Massachusetts Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
310 CMR 6.04................... Standards........ 7/25/1990 10/4/2002, 67 FR 62184 Adopted PM10 as
the criteria
pollutant for
particulates.
310 CMR 7.00................... Definitions...... 1/2/2015 11/29/2016, 81 FR 85897 Approved thirty-
three new or
updated
definitions.
310 CMR 7.00 Appendix A........ Emission Offsets October 22, May 29, 2019, 84 FR 24719 Approves
and 1999 revisions for
Nonattainment consistency with
Review. underlying
federal
regulations that
make the
Commonwealth's
SIP-approved
NNSR program
applicable to
certain sources
of NOX and VOC
statewide.
310 CMR 7.00 Appendix B........ Emission Banking, 8/30/2013 10/9/2015, 80 FR 61101 Approved amended
Trading and language
Averaging. regarding
emissions
averaging
bubbles.
Regulations for the Control of Regulation 1 1/27/1972 5/31/1972, 37 FR 10841
Air Pollution. General
Regulations to
Prevent Air
Pollution.
Regulations for Prevention And/ Regulation 1 8/28/1972 10/28/1972, 37 FR 23085
or Abatement of Air Pollution Introduction.
Episode and Air Pollution
Incident Emergencies.
Regulations for the Control of Regulation 2 2/1/1978 3/15/1979, 44 FR 15703 Regulation 2 is
Air Pollution. Plans Approval now known as 310
and Emission CMR 7.02.
Limitations.
Regulations for Prevention And/ Regulation 2 8/28/1972 10/28/1972, 37 FR 23085
or Abatement of Air Pollution Definitions.
Episode and Air Pollution
Incident Emergencies.
310 CMR 7.02................... Plans Approval 6/6/1994 4/5/1995, 60 FR 17226
and Emission
Limitations.
Regulations for the Control of Regulation 3 6/1/1972 10/28/1972, 37 FR 23085
Air Pollution. Nuclear Energy
Utilization
Facilities.
310 CMR 7.03................... Plan Application 2/17/1993 9/3/1999, 64 FR 48297
Exemption
Construction
Requirements.
Paint Spray
Booths 310 CMR
7.03(13).
Regulations for the Control of Regulation 4 1/27/1972 10/28/1972, 37 FR 23085 Regulation 4 is
Air Pollution. Fossil Fuel now known as 310
Utilization CMR 7.04.
Facilities.
310 CMR 7.04................... U Fossil Fuel 12/28/2007 4/24/2014, 79 FR 22774 Only approved
Utilization 7.04(2) and
Facilities. 7.04(4)(a).
Regulations for the Control of Regulation 5 8/31/1978 3/7/1979, 44 FR 12421 Regulation 5 is
Air Pollution. Fuels. now known as 310
CMR 7.05.
Portions of
Regulation 5
have been
replaced with
the approval of
310 CMR 7.05.
310 CMR 7.05................... Fuels All 9/23/2005 5/29/2014, 79 FR 30741 Removed landfill
Districts. gas from
requirements of
section.
Regulations for the Control of Regulation 6 8/28/1972 10/28/1972, 37 FR 23085 Regulation 6 is
Air Pollution. Visible now known as 310
Emissions. CMR 7.06.
310 CMR 7.07................... Open Burning..... 9/28/1979 6/17/1980, 45 FR 40987
Regulations for the Control of Regulation 8 8/28/1972 10/28/1972, 37 FR 23085 Regulation 8 is
Air Pollution. Incinerators. now known as 310
CMR 7.08.
[[Page 80]]
310 CMR 7.08................... Incinerators. 1/11/1999 9/2/1999, 64 FR 48095
Municipal Waste
Combustors 310
CMR 7.08(2).
Regulations for the Control of Regulation 9 Dust 12/9/1977 9/29/1978, 43 FR 44841 Regulation 9 is
Air Pollution. and Odor. now known as 310
CMR 7.09.
Regulations for the Control of Regulation 10 6/1/1972 10/28/1972, 37 FR 23085 Regulation 10 is
Air Pollution. Noise. now known as 310
CMR 7.10.
Regulations for the Control of Regulation 11 6/1/1972 10/28/1972, 37 FR 23085 Regulation 11 is
Air Pollution. Transportation now known as 310
Media. CMR 7.11. This
regulation
restricts
idling.
310 CMR 7.12................... U Source 3/9/2018 3/4/2019, 84 FR 7299 Revisions made to
Registration. existing
requirements and
procedures for
emissions
reporting.
Regulations for the Control of Regulation 13 6/1/1972 10/28/1972, 37 FR 23085 Regulation 13 is
Air Pollution. Stack Testing. now known as 310
CMR 7.13.
310 CMR 7.14................... Monitoring 11/21/1986 3/10/1989, 54 FR 10147
Devices and 1/15/1987
Reports.
Regulations for Prevention And/ Regulation 15. 8/28/1972 10/28/1972, 37 FR 23085 Regulation 15 is
or Abatement of Air Pollution Asbestos. now known as 310
Episode and Air Pollution CMR 7.15.
Incident Emergencies.
310 CMR 7.16................... Reduction of 12/31/1978, 9/16/1980, 45 FR 61293
Single-Occupant 5/16/1979
Commuter Vehicle
Use.
310 CMR 7.17................... Conversions to 1/22/1982 6/9/1982, 47 FR 25007
Coal.
310 CMR 7.18................... Volatile and 8/30/2013 10/9/2015, 80 FR 61101 Approved
Halogenated revisions to
Organic 7.18(1)(d) and
Compounds. (f); 7.18(2)(b),
(e), and (f);
7.18(20)(a) and
(b); and
7.18(30).
310 CMR 7.19................... Reasonably 8/30/2013 10/9/2015, 80 FR 61101 Approved
Available revisions to
Control 7.19(1)(c)(9).
Technology
(RACT) for
Sources of
Oxides of
Nitrogen (NOX).
310 CMR 7.24................... Organic Material 1/2/2015 11/29/2016, 81 FR 85897 Revised to
Storage and require the
Distribution. decommissioning
of Stage II
vapor recovery
systems and
require Stage I
Enhanced Vapor
Recovery systems
certified by the
California Air
Resources Board.
310 CMR 7.25................... Best Available 10/19/2007 10/9/2015, 80 FR 61101 Approved amended
Controls for existing
Consumer and consumer
Commercial products related
Products. requirements,
added provisions
concerning AIM
coatings.
310 CMR 7.26................... Industry 12/28/2007 4/24/2014, 79 FR 22774 EPA did not
Performance approve 310 CMR
Standards. 7.26 (1) through
7.26 (29), or
310 CMR 7.26
(38) through
7.26 (49) into
the
Massachusetts
SIP.
310 CMR 7.27................... NOX Allowance 11/19/1999 12/27/2000, 65 FR 81743
Program.
310 CMR 7.28................... NOX Allowance 3/30/2007 12/3/2007, 72 FR 67854
Trading Program.
310 CMR 7.29................... Emissions 1/25/2008, 9/19/2013 78 FR 57487 Only approving
Standards for 6/29/2007 the SO2 and NOX
Power Plants. requirements.
[[Page 81]]
The following
exceptions which
are not
applicable to
the
Massachusetts
Alternative to
BART were not
approved:
(1) In 310 CMR
7.29(1), the
reference to
mercury (Hg),
carbon monoxide
(CO), carbon
dioxide (CO2),
and fine
particulate
matter (PM2.5)
in the first
sentence and the
phrase `` . . .
and CO2 and
establishing a
cap on CO2 and
Hg emissions
from affected
facilities. CO2
emissions
standards set
forth in 310 CMR
7.29(5)(a)5.a.
and b. shall not
apply to
emissions that
occur after
December 31,
2008'' in the
second sentence.
(2) In 310 CMR
7.29(2), the
definitions of
Alternate Hg
Designated
Representative,
Automated
Acquisition and
Handling System
or DAHS, Mercury
(Hg) Designated
Representative,
Mercury
Continuous
Emission
Monitoring
System or
Mercury CEMS,
Mercury
Monitoring
System, Sorbent
Trap Monitoring
System, and
Total Mercury;
(3) 310 CMR
7.29(5)(a)(3)
through
(5)(a)(6);
(4) In 310 CMR
7.29(5)(b)(1),
reference to
compliance with
the mercury
emissions
standard in the
second sentence;
(5) 310 CMR
7.29(6)(a)(3)
through
(6)(a)(4);
(6) 310 CMR
7.29(6)(b)(10);
(7) 310 CMR
7.29(6)(h)(2);
(8) The third and
fourth sentences
in 310 CMR
7.29(7)(a);
(9) In 310 CMR
7.29(7)(b)(1),
the reference to
CO2 and mercury;
(10) In 310 CMR
7.29(7)(b)(1)(a)
, the reference
to CO2 and
mercury;
[[Page 82]]
(11) 310 CMR
7.29(7)(b)(1)(b)
through
7.29(7)(b)(1)(d)
;
(12) In 310 CMR
7.29(7)(b)(3),
the reference to
CO2 and mercury;
(13) In 310 CMR
7.29(7)(b)(4)(b)
, the reference
to CO2 and
mercury; and
(14) 310 CMR
7.29(7)(e)
through
7.29(7)(i).
310 CMR 7.30................... Massport/Logan 6/30/2017 3/6/2018, 83 FR 9438 Revises the
Airport Parking existing
Freeze. commercial
parking freeze
limits and
requires the
Massachusetts
Port Authority
to complete
several studies
to evaluate ways
to further
support
alternative
transit options.
310 CMR 7.31................... City of Boston/ 12/26/2000 3/12/2001, 66 FR 14318 Applies to the
East Boston parking of motor
Parking Freeze. vehicles within
the area of East
Boston.
310 CMR 7.32................... Massachusetts 3/30/2007 12/3/2007, 72 FR 67854
Clean Air
Interstate Rule
(Mass CAIR).
310 CMR 7.33................... City of Boston/ 7/30/1993 10/15/1996, 61 FR 53628 Applies to the
South Boston parking of motor
Parking Freeze. vehicles within
the area of
South Boston,
including
Massport
property in
South Boston.
310 CMR 7.36................... Transit System 10/25/2013 12/8/2015, 80 FR 76225 Removes from the
Improvements. SIP the
commitment to
design the Red
Line/Blue Line
Connector
project.
310 CMR 7.37................... High Occupancy 4/5/1996 3/20/2019, 84 FR 10264 Technical
Vehicle Lanes. revisions to SIP
approved
regulation.
310 CMR 7.38................... Certification of 12/30/2005 2/15/2008, 73 FR 8818
Tunnel
Ventilation
Systems in the
Metropolitan
Boston Air
Pollution
Control District.
310 CMR 7.40................... Low Emission 12/24/1999 12/23/2002, 67 FR 78179 ``Low Emission
Vehicle Program. Vehicle
Program'' (LEV
II) except for
310 CMR
7.40(2)(a)(5),
310 CMR
7.40(2)(a)(6),
310 CMR
7.40(2)(c)(3),
310 CMR
7.40(10), and
310 CMR
7.40(12).
Regulations for the Control of Regulation 50 9/14/1974 2/4/1977, 42 FR 6812 Regulation 50 is
Air Pollution. Variances. now known as 310
CMR 7.50.
Regulations for the Control of Regulation 51 8/28/1972 10/28/1972, 37 FR 23085 Regulation 51 is
Air Pollution. Hearings now known as 310
Relative To CMR 7.51.
Orders and
Approvals.
Regulations for the Control of Regulation 52 8/28/1972 10/28/1972, 37 FR 23085 Regulation 52 is
Air Pollution. Enforcement now known as 310
Provisions. CMR 7.52.
[[Page 83]]
310 CMR 8.00................... The Prevention 4/1/1994 3/4/2019, 84 FR 7299 Incorporates full
and/or Abatement version of 310
of Air Pollution CMR 8.00 into
Episode and Air the
Pollution Massachusetts
Incident SIP, and
Emergencies. converts
conditional
approval at Sec.
52.1119(a)(5)
to full
approval.
310 CMR 60.02.................. Regulations for 9/5/2008 1/25/2013, 78 FR 5292 Revises enhanced
the Enhanced I/M test
Motor Vehicle requirements to
Inspection and consist of
Maintenance ``OBD2-only''
Program. testing program.
Approving
submitted
regulation with
the exception of
subsection 310
CMR
60.02(24)(f).
540 CMR 4.00................... Annual Safety and 9/5/2008 1/25/2013, 78 FR 5292 Revises
Combined Safety Requirement for
and Emissions Inspection and
Inspection of Enforcement of I/
all Motor M Program.
Vehicles,
Trailers, Semi-
trailers and
converter
Dollies.
Massachusetts General Laws, Conduct of Public Amended by 12/21/2016, 81 FR 93624 Approved Section
Part IV, Title I, Chapter Officials and Statute in 6: Financial
268A, Sections 6 and 6A. Employees. 1978 and 1984 interest of
state employee,
relative or
associates;
disclosure, and
Section 6A:
Conflict of
interest of
public official;
reporting
requirement.
----------------------------------------------------------------------------------------------------------------
\1\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
Register notice cited in this column for the particular provision.
(d) EPA-approved State Source specific requirements.
EPA-Approved Massachusetts Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit number effective date EPA approval date \2\ Explanations
----------------------------------------------------------------------------------------------------------------
Cambridge Electric Light Cambridge Submitted 6/17/1980, 45 FR 40987 Regulation 310
Company's Kendall Station, Electric Light 12/28/78 CMR 7.04(5),
First Street, Cambridge, MA. Company Variance. Fuel Oil
Viscosity;
Revision for
Cambridge
Electric Light
Company's
Kendall Station,
First Street,
Cambridge, MA.
Blackstone Station, Blackstone Cambridge Submitted 6/17/1980, 45 FR 40987 Regulation 310
Street, Cambridge, MA. Electric Light 12/28/1978 CMR 7.04(5),
Company Variance. Fuel Oil
Viscosity;
Revision for
Cambridge
Electric Light
Company's
Blackstone
Station,
Blackstone
Street,
Cambridge, MA.
Holyoke Water Power Company, Holyoke Water Submitted 6/9/1982, 47 FR 25007 A revision
Mount Tom Plant, Holyoke, MA. Power Company 1/22/1982 specifying the
Operations. conditions under
which coal may
be burned at the
Holyoke Water
Power Company,
Mount Tom Plant,
Holyoke, MA.
Esleeck Manufacturing Company, Esleek Submitted 4/28/1983, 48 FR 19173 Source specific
Inc., Montague, MA. Manufacturing 2/8/1983 emission limit
Emission Limit. allowing the
Company to burn
fuel oil having
a maximum sulfur
content of 1.21
pounds per
million Btu heat
release
potential
provided the
fuel firing rate
does not exceed
137.5 gallons
per hour.
Erving Paper company, Erving, Erving Paper Submitted 2/15/1990, 55 FR 5447 A revision
MA. Company 7/18/1984, approving sulfur-
Operations. 4/17/1985, and in-fuel
11/25/1987 limitations.
[[Page 84]]
Monsanto Chemical Company in Monsanto Chemical 6/20/1989 2/21/1990, 55 FR 5986 Revisions which
Indian Orchard, MA. Company define and
Operations. impose
reasonably
available
control
technology to
control volatile
organic compound
emissions from
Monsanto
Chemical Company
in Indian
Orchard, MA.
Including a
final RACT
Compliance Plan.
Spalding Sports Worldwide in PV-85-IF-019..... 7/12/1989 and 11/8/1989, 54 FR 46894 Amendments to the
Chicopee, MA. 10/7/1985 Conditional
Plans imposing
reasonably
available
control
technology.
Duro Textile Printers, SM-85-168-IF..... 8/1/1989 and 8/ 11/8/1989, 54 FR 46896 Amended
Incorporated in Fall River, MA. 8/1989 Conditional Plan
Approval (SM-85-
168-IF) dated
and effective
August 1, 1989
and an Amendment
to the Amended
Conditional Plan
Approval (SM-85-
168-IF Revision)
dated and
effective August
8, 1989 imposing
reasonably
available
control.
Acushnet Company, Titleist Golf SM-85-151-IF and 6/1/1990 2/27/1991, 56 FR 8130 An Amended Plan
Division, Plant A in New 4-P-90-104. imposing
Bedford, MA. reasonably
available
control
technology.
General Motors Corporation in General Motors 6/8/1990 2/19/1991, 56 FR 6568 An Amended Plan
Framingham, MA. Operations. imposing
reasonably
available
control
technology.
Erving Paper Mills in Erving, Erving Paper 10/16/1990 3/20/1991, 56 FR 11675 Revisions which
MA. Company define and
Operations. impose RACT to
control volatile
organic compound
emissions.
Including a
conditional
final plan
approval issued
by the
Massachusetts
Department of
Environmental
Protection
(MassDEP).
Erving Paper Mills in Erving, Erving Paper 4/16/1991 10/8/1991, 56 FR 50659 Revisions which
MA. Company clarify the
Operations. requirements of
RACT to control
volatile organic
compound
emissions.
Including a
conditional
final plan
approval
amendment that
amends the
October 16, 1990
conditional plan
approval.
Brittany Dyeing and Finishing 4-P-92-012....... 3/16/1994 3/6/1995, 60 FR 12123 Final Plan
of New Bedford, MA. Approval No.
4P92012,
imposing
reasonably
available
control
technology.
Specialty Minerals, 1-P-94-022....... 6/16/1995 9/2/1999, 64 FR 48095 Emission Control
Incorporated, Adams, MA. Plan (Reasonably
Available
Control
Technology for
Sources of
Oxides of
Nitrogen).
Monsanto Company's Indian 1-E-94-106....... 10/28/1996 9/2/1999, 64 FR 48095 Emission Control
Orchard facility, Springfield, Plan (Reasonably
MA. Available
Control
Technology for
Sources of
Oxides of
Nitrogen).
Medusa Minerals Company in Lee, 1-E-94-110....... 4/17/1998 9/2/1999, 64 FR 48095 Emission Control
MA. Plan (Reasonably
Available
Control
Technology for
Sources of
Oxides of
Nitrogen).
Gillette Company Andover MBR-92-IND-053... Submitted 10/4/2002, 67 FR 62179 Reasonably
Manufacturing Plant. 2/17/1993, Available
4/16/1999, and Control
10/7/1999 Technology Plan
Approval issued
on June 17,
1999.
Norton Company................. C-P-90-083....... Submitted 10/4/2002, 67 FR 62179 Reasonably
2/17/1993, Available
4/16/1999, and Control
10/7/1999 Technology Plan
Approval issued
on August 5,
1999.
Barnet Corporation............. Barnet Submitted 10/4/2002, 67 FR 62179 Reasonably
Corporation 2/17/1993, Available
Operations. 4/16/1999, and Control
10/7/1999 Technology Plan
Approval issued
on May 14, 1991.
[[Page 85]]
Solutia........................ 1-P-92-006....... Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Saloom Furniture............... Saloom Winchendon Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
Operations. 2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Eureka Manufacturing........... 4-P-95-094....... Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Moduform....................... Moduform Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
Operations. 2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Polaroid....................... MBR-99-IND-001... Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Globe.......................... 4-P-96-151....... Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Wheelabrator Saugus, Inc....... MBR-98-ECP-006... Submitted 9/19/2013, 78 FR 57487 The sulfur
12/30/2011, dioxide (SO2),
8/9/2012, and oxides of
8/28/2012 nitrogen (NOX),
and PM2.5
provisions of
the MassDEP
Emission Control
Plan ``Saugus--
Metropolitan,
Boston/Northeast
Region, 310 CMR
7.08(2)--Municip
al Waste
Combustors,
Application No.
MBR-98-ECP-006,
Transmittal No.
W003302,
Emission Control
Plan Modified
Final Approval''
dated March 14,
2012 to Mr.
Jairaj Gosine,
Wheelabrator
Saugus, Inc. and
signed by Cosmo
Buttaro and
James E. Belsky,
with the
following
exceptions which
are not
applicable to
the
Massachusetts
Alternative to
BART.
General Electric Aviation...... MBR-94-COM-008... Submitted 9/19/2013, 78 FR 57487 The MassDEP
12/30/2011, Emission Control
8/9/2012, and Plan ``Lynn--
8/28/2012 Metropolitan,
Boston/Northeast
Region, 310 CMR
7.19,
Application No.
MBR-94-COM-008,
Transmittal No.
X235617,
Modified
Emission Control
Plan Final
Approval'' dated
March 24, 2011
to Ms. Jolanta
Wojas, General
Electric
Aviation and
signed by Marc
Altobelli and
James E. Belsky.
Note, this
document
contains two
section V; V.
RECORD KEEPING
AND REPORTING
REQUIREMENTS and
V. GENERAL
REQUIREMENTS/
PROVISIONS.
[[Page 86]]
Mt. Tom Generating Company, LLC 1-E-01-072....... Submitted 9/19/2013, 78 FR 57487 The MassDEP
12/30/2011, Emission Control
8/9/2012, and Plan, ``Holyoke
8/28/2012 Western Region
310 CMR 7.29
Power Plant
Emission
Standards,
Application No.
1-E-01-072,
Transmittal No.
W025214, Amended
Emission Control
Plan'' dated May
15, 2009 to Mr.
John S. Murry,
Mt. Tom
Generating
Company, LLC and
signed by Marc
Simpson, with
the following
exceptions which
are not
applicable to
the
Massachusetts
Alternative to
BART.
Dominion Energy Salem Harbor, NE-12-003........ Submitted 9/19/2013, 78 FR 57487 The MassDEP
LLC 12/30/2011, Emission Control
8/9/2012, and Plan ``Salem--
8/28/2012 Metropolitan
Boston/Northeast
Region, 310 CMR
7.29 Power Plant
Emission
Standards,
Application No.
NE-12-003,
Transmittal No.
X241756, Final
Amended Emission
Control Plan
Approval'' dated
March 27, 2012
to Mr. Lamont W.
Beaudette,
Dominion Energy
Salem Harbor,
LLC and signed
by Edward J.
Braczyk, Cosmo
Buttaro, and
James E. Belsky
with the
following
exceptions which
are not
applicable to
the
Massachusetts
Alternative to
BART.
Dominion Energy Brayton Point, SE-12-003........ Submitted 9/19/2013, 78 FR 57487 MassDEP Emission
LLC 12/30/2011, Control Plan
8/9/2012, and ``Amended
8/28/2012 Emission Control
Plan Final
Approval
Application for:
BWP AQ 25, 310
CMR 7.29 Power
Plant Emission
Standards,
Transmittal
Number X241755,
Application
Number SE-12-
003, Source
Number:
1200061'' dated
April 12, 2012
to Peter Balkus,
Dominion Energy
Brayton Point,
LLC and signed
by John K.
Winkler, with
the following
exceptions which
are not
applicable to
the
Massachusetts
Alternative to
BART.
Somerset Power LLC............. Facility Shutdown Submitted 9/19/2013 78 FR 57487 MassDEP letter
12/30/2011, ``Facility
8/9/2012, and Shutdown, FMF
8/28/2012 Facility No.
316744'' dated
June 22, 2011 to
Jeff Araujo,
Somerset Power
LLC and signed
by John K.
Winkler.
----------------------------------------------------------------------------------------------------------------
\2\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
Register notice cited in this column for the particular provision.
(e) Nonregulatory.
[[Page 87]]
Massachusetts Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non regulatory SIP geographic or State
provision nonattainment submittal date/ EPA approved date \3\ Explanations
area effective date
----------------------------------------------------------------------------------------------------------------
Miscellaneous non-regulatory ................. 4/27/72 10/28/72, 37 FR 23085
changes to the plan submitted
by the Division of
Environmental Health,
Massachusetts Department of
Public Health.
Miscellaneous non-regulatory ................. 5/5/72 10/28/72, 37 FR 23085
additions to the plan
submitted by the Bureau of
Air Quality Control,
Massachusetts Department of
Public Health.
Letter of concurrence on AQMA ................. 7/23/74 6/2/75, 40 FR 23746
identifications submitted on
July 23, 1974, by the
Governor.
Letter dated February 8, 1979 ................. 2/8/79 5/14/79, 44 FR 27991
from Kenneth Hagg of the
Massachusetts Department of
Environmental Quality
Engineering (DEQE) to Frank
Ciavattieri of the
Environmental Protection
Agency.
Non-attainment area plan for ................. 3/30/1979 and 1/10/1980, 45 FR 2036
Total Suspended Particulates 4/23/1979
(TSP) in Worcester.
Miscellaneous statewide ................. 3/30/1979 and 1/10/1980, 45 FR 2036
regulation changes. 4/23/1979
An extension request for the ................. 3/30/1979 and 1/10/1980, 45 FR 2036
attainment of TSP secondary 4/23/1979
standards for areas
designated non-attainment as
of March 3, 1978.
Revision entitled ................. 5/3/1979, 1/10/1980, 45 FR 2036
``Massachusetts 8/7/1979, and
Implementation Plan, Amended 5/17/1980
Regulation--All Districts,
New Source Review Element,''
relating to construction and
operation of major new or
modified sources in non-
attainment areas.
Revision to the state ozone ................. 8/21/79 6/17/1980, 45 FR 40987
standard and adoption of an
ambient lead standard.
Attainment plans to meet the ................. 12/31/1978 and 9/16/1980, 45 FR 61293
requirements of Part D for 5/16/1979
carbon monoxide and ozone and
other miscellaneous
provisions.
Supplemental information to ................. 9/19/1979, 9/16/1980, 45 FR 61293
the Attainment plans to meet 11/13/1979,
the requirements of Part D and
for carbon monoxide and ozone 3/20/1980
and other miscellaneous
provisions.
Supplemental information to ................. 12/7/1979 and 8/27/1981, 46 FR 43147
the Attainment plans to meet 4/7/1980
the requirements of Part D
for carbon monoxide and ozone
and other miscellaneous
provisions.
A revision entitled ``Appendix ................. 1/5/1981 9/3/1981, 46 FR 44186
J Transportation Project
Level Guidelines'' relating
to policy guidance on the
preparation of air quality
analysis for transportation
projects.
A comprehensive air quality ................. 1/28/1980 3/4/1981, 46 FR 15137
monitoring plan, intended to
meet requirements of 40 CFR
part 58.
Revisions to meet the ................. 7/9/1981 and 7/ 9/28/1981, 46 FR 47450
requirements of Part D and 30/1981
certain other sections of the
Clean Air Act, as amended,
for making a commitment to
public transportation in the
Boston urban region.
Letter clarifying State ................. 11/12/1981 3/29/82, 47 FR 13143
procedures.
The Massachusetts DEQE ................. 9/3/1981 1/25/1982, 47 FR 3352
submitted an updated VOC
emissions inventory.
Procedures to annually update ................. 11/4/1981 1/25/1982, 47 FR 3352
the VOC emission inventory on
November 4, 1981.
Massachusetts Department of Statewide........ 9/9/1982 11/09/1983, 48 FR 51480
Environmental Protection
(MassDEP) submittal for
attainment plans for carbon
monoxide and ozone.
[[Page 88]]
MassDEP submittal for Statewide........ 11/2/1982 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide........ 11/17/1982 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide........ 2/2/1983 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide........ 3/21/1983 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide........ 4/7/1983 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide........ 4/26/1983 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide........ 5/16/1983 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
A revision to exempt the Berkshire........ 3/25/1983 7/7/1983, 48 FR 31200
Berkshire Air Pollution
Control District from
Regulation 310 CMR
7.02(12)(b)(2).
Revisions to the State's Statewide........ 9/9/1982 7/7/1983, 48 FR 31197
narrative, entitled New
Source Regulations on page
117 and 118.
Letter from the MassDEP dated Statewide........ 6/7/1991 6/30/1993, 58 FR 34908
June 7, 1991, submitting
revisions to the SIP.
Letter from the MassDEP dated Statewide........ 11/13/1992 6/30/1993, 58 FR 34908
November 13, 1992 submitting
revisions to the SIP.
Letter from the MassDEP dated Statewide........ 2/17/1993 6/30/1993, 58 FR 34908
February 17, 1993 submitting
revisions to the SIP.
Nonregulatory portions of the Statewide........ 11/13/1992 6/30/1993, 58 FR 34908
state submittal.
Letter from Massachusetts DEQE Statewide........ 2/14/1985 9/25/1985, 50 FR 38804
Letter from Massachusetts DEQE Statewide........ 5/22/1985 9/25/1985, 50 FR 38804
Enforcement manual including Statewide........ 5/22/1985 9/25/1985, 50 FR 38804
Method 27, record form,
potential leak points, major
tank truck leak sources, test
procedure for gasoline vapor
leak detection procedure by
combustible gas detector,
instruction manual for Sentox
2 and Notice of Violation.
Letter from Massachusetts DEQE Statewide........ 8/17/1984 10/30/1984, 49 FR 43546
stating authority to
undertake preconstruction
review of new stationary
sources of air pollution with
potential to emit 5 tons or
more of lead.
Letter from Massachusetts DEQE Statewide........ 7/13/1984 10/30/1984, 49 FR 43546
submitting the Massachusetts
Lead Implementation Plan.
Massachusetts attainment and Statewide........ 7/13/1984 10/30/1984, 49 FR 43546
maintenance plans for lead.
Memorandum from Donald C. Merrimack Valley. 10/4/1985 4/1/1986, 51 FR 11019
Squires to Bruce K. Maillet,
subject: Response to EPA
questions regarding Phillips
Academy, outlines the
permanent energy conservation
measures to be used.
Letter from the Massachusetts Statewide........ 12/3/1985 11/25/1986, 51 FR 42563
DEQE dated December 3, 1985.
Letter from the Massachusetts Statewide........ 1/31/1986 11/25/1986, 51 FR 42563
DEQE dated January 31, 1986.
Letter from the Massachusetts Statewide........ 2/11/1986 11/25/1986, 51 FR 42563
DEQE dated February 11, 1986.
The nonregulatory portions of
the state submittals.
Letter from the Massachusetts Statewide........ 11/21/1986 3/10/1989, 54 FR 10147
DEQE dated November 21, 1986.
The Commonwealth of Statewide........ 1/15/1987 3/10/1989, 54 FR 10147
Massachusetts Regulation
Filing document dated January
15, 1987 states that these
regulatory changes became
effective on February 6, 1987.
[[Page 89]]
Letter from the Massachusetts Statewide........ 2/21/1986 8/31/1987, 52 FR 32791
Massachusetts DEQE dated
February 21, 1986.
A Regulation Filing and Statewide........ 2/25/1986 8/31/1987, 52 FR 32791
Publication document from the
Massachusetts DEQE, dated
February 25, 1986.
A letter from the Statewide........ 6/23/1986 8/31/1987, 52 FR 32791
Massachusetts DEQE, dated
June 23, 1986.
Implementation Guidance, 310 Statewide........ 2/01/1986 8/31/1987, 52 FR 32791
CMR 7.18(18), Polystyrene
Resin Manufacturing, dated
February 1986.
Massachusetts DEQE Statewide........ 11/8/1985 8/31/1987, 52 FR 32791
certification that there are
no polypropylene and
polyethylene manufacturing
sources located in the
Commonwealth of
Massachusetts, dated November
8, 1985.
Letter dated November 5, 1986 Statewide........ 11/5/1986 11/19/1987, 52 FR 44394
from the Massachusetts DEQE
submitting revisions to the
SIP.
Letter from the Massachusetts Statewide........ 11/28/1986 11/19/1987, 52 FR 44394
DEQE dated December 10, 1986.
Letter states that the
effective date of Regulations
310 CMR 7.00, ``Definitions''
and 310 CMR 7.18(19),
``Synthetic Organic Chemical
Manufacture,'' is November
28, 1986.
Letter from the Massachusetts Statewide........ 7/5/1988 3/6/1989, 54 FR 9212
DEQE dated September 20, 1988
for a SIP revision involving
regulations 310 CMR
7.18(2)(e) and 7.18(17).
A Regulation Filing and Statewide........ 7/5/1988 3/6/1989, 54 FR 9212
Publication document from the
Commonwealth of Massachusetts
dated July 5, 1988 which
states that the effective
date of the regulatory
amendments to 310 CMR
7.18(2)(e) and 310 CMR
7.18(17)(d), is July 22, 1988.
Letter dated October 14, 1987 Pioneer Valley... 10/14/1987 2/15/1990, 55 FR 5447
for the American Fiber and
Finishing Company facility
from Stephen F. Joyce, Deputy
Regional Environmental
Engineer, Massachusetts DEQE.
Letter dated October 14, 1987 Pioneer Valley... 10/14/1987 2/15/1990, 55 FR 5447
for the Erving Paper Company
facility from Stephen F.
Joyce, Deputy Regional
Environmental Engineer,
Massachusetts DEQE.
Letter dated October 14, 1987 Pioneer Valley... 10/14/1987 2/15/1990, 55 FR 5447
for the Westfield River Paper
Company facility from Stephen
F. Joyce, Deputy Regional
Environmental Engineer,
Massachusetts DEQE.
Statement of agreement signed Pioneer Valley... 5/29/1987 2/15/1990, 55 FR 5447
May 29, 1987 by Schuyler D.
Bush, Vice President of
Erving Paper Company.
Statement of agreement signed Pioneer Valley... 5/27/1987 2/15/1990, 55 FR 5447
May 27, 1987 by Francis J.
Fitzpatrick, President of
Westfield River Paper Company.
Statement of agreement signed Pioneer Valley... 5/22/1987 2/15/1990, 55 FR 5447
May 22, 1987 by Robert Young,
Vice President of American
Fiber and Finishing Company.
Letter dated April 22, 1987 Pioneer Valley... 5/22/1987 2/15/1990, 55 FR 5447
for the Erving Paper Company
facility from Stephen F.
Joyce, Deputy Regional
Environmental Engineer,
Massachusetts DEQE.
Letter from the MassDEP dated Pioneer Valley... 7/18/1987 2/21/1990, 55 FR 5986
July 18, 1989 submitting a
revision to the SIP.
[[Page 90]]
Letter from the MassDEP Pioneer Valley... 7/18/1989 11/8/1989, 54 FR 46894
submitting a revision to the
SIP.
Letter from the Massachusetts Central 7/18/1989 11/3/1989, 54 FR 46386
DEQE submitting a revision to Massachusetts.
the SIP.
Nonregulatory portions of the Central 2/4/1988 11/3/1989, 54 FR 46386
State submittal. Letter from Massachusetts.
the MassDEP submitting a
revision to the SIP.
Nonregulatory portions of the Central 2/10/88 11/3/1989, 54 FR 46386
State submittal. List of Massachusetts.
documents in the February 4,
1988 RACT SIP submittal to
EPA.t.
Letter from the MassDEP Southeastern 8/8/1989 11/8/1989, 54 FR 46896
submitting a revision to the Massachusetts.
SIP.
Letter from the MassDEP Statewide........ 8/24/1989 4/19/1990, 55 FR 14831
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 10/16/1989 4/19/1990, 55 FR 14831
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 8/27/1982 2/23/1993, 58 FR 10964
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 6/22/1987 2/23/1993, 58 FR 10964
certifying that it did not
rely on a dual definition in
its attainment demonstration.
Letter from the MassDEP Statewide........ 12/27/1989 2/23/1993, 58 FR 10964
submitting additional
assurances that it is making
reasonable efforts to develop
a complete and approve SIP.
Letter from the MassDEP Metropolitan 11/28/1989 8/3/1990, 55 FR 31587
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Metropolitan 11/28/1989 8/3/1990, 55 FR 31590
submitting a revision to the Boston.
SIP.
Letter from the Massachusetts Metropolitan 11/20/1989 8/27/1990, 55 FR 34914
Department of Environmental Boston.
submitting a revision to the
SIP.
Letter from the MassDEP Southeastern 6/13/1990 2/27/1991, 56 FR 8130
submitting a revision to the Massachusetts.
SIP.
Letter from the MassDEP Metropolitan 7/9/1990 2/19/1991, 56 FR 6568
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Pioneer Valley... 10/25/1990 3/20/1991, 56 FR 11675
submitting a revision to the
SIP.
Letter from the MassDEP Pioneer Valley... 4/22/1991 10/8/1991, 56 FR 50659
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 8/17/1989 10/8/1992, 57 FR 46313
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 6/7/1991 10/8/1992, 57 FR 46313
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 12/17/1991 10/8/1992, 57 FR 46313
withdrawing the emission
limit for the Primer-surfacer
application from the June 7,
1991 submittal.
Nonregulatory portions of Statewide........ 5/24/1991 10/8/1992, 57 FR 46313
state submittal. MassDEP's
Decision Memorandum for
Proposed amendments to 310
CMR 7.00.
Nonregulatory portions of Statewide........ 2/25/1991 10/8/1992, 57 FR 46313
state submittal. MassDEP's
Decision Memorandum for
Proposed amendments to 310
CMR 7.00, 7.18 and 7.24.
Letter from the MassDEP Statewide........ 8/27/1982 1/11/1993, 58 FR 3492
submitting revisions to the
SIP.
Letter from the MassDEP Statewide........ 4/12/1985 1/11/1993, 58 FR 3492
submitting revisions to the
SIP.
Letter from the MassDEP Statewide........ 8/17/1989 1/11/1993, 58 FR 3492
submitting revisions to the
SIP.
Letter from the MassDEP Statewide........ 6/7/1991 1/11/1993, 58 FR 3492
submitting revisions to the
SIP.
Letter from the Massachusetts Statewide........ 6/27/1984 1/11/1993, 58 FR 3492
DEQE submitting 310 CMR 7.00:
Appendix B.
[[Page 91]]
Letter from the Massachusetts Statewide........ 3/6/1985 1/11/1993, 58 FR 3492
DEQE submitting additional
information on 310 CMR 7.00:
Appendix B and referencing
310 CMR 7.18(2)(b).
Letter from the MassDEP Statewide........ 12/17/1991 1/11/1993, 58 FR 3492
withdrawing the emission
limit for the Primer-surfacer
application in 310 CMR
7.18(7)(b) from the June 7,
1991 submittal.
Letter from the MassDEP Metropolitan 8/4/1989 3/16/1993, 58 FR 14153
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Metropolitan 12/6/1989 3/16/1993, 58 FR 14153
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Metropolitan 3/23/1990 3/16/1993, 58 FR 14153
submitting a revision to the Boston.
SIP.
Technical amendments to Metropolitan 3/30/1990 3/16/1993, 58 FR 14153
regulation (310 CMR 7.31) Boston.
submitted by the MassDEP.
Appendix 5D, Baseline and Metropolitan 6/1/1986 3/16/1993, 58 FR 14153
Future Case CO Compliance Boston.
Modeling, dated June 1986.
Policy Statement Regarding the Metropolitan 11/14/1988 3/16/1993, 58 FR 14153
Proposed Amendment to the Boston.
Logan Airport Parking Freeze.
Letter from the MassDEP dated Metropolitan 5/15/1991 12/14/1992, 57 FR 58991
May 15, 1992 submitting a Boston.
revision to the SIP.
Letter from the MassDEP dated Metropolitan 1/30/1991 10/8/1992, 57 FR 46310
January 30, 1991 submitting a Boston.
revision to the SIP.
Certification of Tunnel
Ventilation Systems in Boston.
Letter from the MassDEP, dated Statewide........ 5/17/1990 12/14/1992, 57 FR 58993
May 17, 1990 submitting a
revision to the SIP.
Letter from the MassDEP, dated Statewide........ 6/7/1991 12/14/1992, 57 FR 58993
June 7, 1991, submitting a
revision to the SIP.
Letter from the MassDEP, dated Statewide........ 7/5/1990 12/14/1992, 57 FR 58993
July 5, 1990, requesting the
withdrawal of amendments to
subsection 310 CMR 7.24(2)(c)
which require Stage I vapor
recovery in Berkshire County
from the SIP revision package
submitted on May 17, 1990.
Letter from the MassDEP, dated Statewide........ 4/21/1992 12/14/1992, 57 FR 58993
April 21, 1992, submitting an
implementation policy
statement regarding its Stage
II program.
Nonregulatory portions of the Statewide........ 4/21/1992 12/14/1992, 57 FR 58993
SIP submittal. March 2, 1992
Division of Air Quality
Control Policy certified
vapor collection and control
system for Stage II Vapor
Recovery Program.
Letter from the MassDEP Statewide........ 11/13/1992 9/15/1993, 58 FR 48315
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 1/15/1993 9/15/1993, 58 FR 48315
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 2/17/1993 9/15/1993, 58 FR 48315
submitting a revision to the
SIP.
Nonregulatory portions of the Statewide........ 2/17/1993 9/15/1993, 58 FR 48315
SIP submittal. MassDEP's
Listing of Response to
Comments dated January 1993.
Nonregulatory portions of the Statewide........ 2/17/1993 9/15/1993, 58 FR 48315
SIP submittal. MassDEP's
Background Document for
Proposed Amendments to 310
CCMR 7.00, et. al. ``50 Ton
VOC RACT Regulations'' dated
September 1992.
Letter from the MassDEP Statewide........ 8/26/1992 7/28/1994, 59 FR 38372
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 11/2/1990 7/28/1994, 59 FR 38372
submitting a revision to the
SIP.
Letter from the MassDEP ................. 7/19/1993 1/6/1995, 60 FR 2016
submitting a revision to the
SIP.
[[Page 92]]
Letter dated October 27, 1993 ................. 10/27/1993 1/6/1995, 60 FR 2016
from MassDEP submitting
certification of a public
hearing.
Letter from the MassDEP Metropolitan 12/9/1991 10/4/1994, 59 FR 50495
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Statewide........ 11/15/1993 2/1/1995, 60 FR 6027
submitting a revision to the
SIP which substitutes the
California Low Emission
Vehicle program for the Clean
Fuel Fleet program.
Letter from the MassDEP Statewide........ 5/11/1994 2/1/1995, 60 FR 6027
submitting a revision to the
SIP which substitutes the
California Low Emission
Vehicle program for the Clean
Fuel Fleet program.
Letter from the MassDEP Statewide........ 3/31/1994 3/6/1995, 60 FR 12123
submitting a revision to the
SIP.
Letter from the MassDEP dated Statewide........ 6/6/1994 4/1/1995, 60 FR 17226
June 6, 1994 submitting a
revision to the Massachusetts
SIP.
Letter from the MassDEP dated Statewide........ 12/9/1994 4/1/1995, 60 FR 17226
December 9, 1994.
Letter from the MassDEP, Statewide........ 6/28/1990 3/21/1996, 61 FR 11556
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 9/30/1992 3/21/1996, 61 FR 11556
submitting a revision to the
SIP.
Letter from the MassDEP, dated Statewide........ 7/15/1994 3/21/1996, 61 FR 11556
July 15, 1994, submitting a
revision to the SIP.
Letter from the MassDEP Statewide........ 12/30/1994 3/21/1996, 61 FR 11556
assuring EPA that the data
elements noted in EPA's
December 13, 1994 letter were
being incorporated into the
source registration forms
used by Massachusetts
emission statement program.
Letter which included the Statewide........ 10/29/1993 1/30/1996, 61 FR 2918
oxygenated gasoline program,
amendments to the
Massachusetts Air Pollution
Control Regulations, 310 CMR
7.00, with an effective date
of March 1, 1994, requesting
that the submittal be
approved and adopted as part
of the SIP.
Letter from the MassDEP Metropolitan 12/12/1994 1/30/1996, 61 FR 2918
submitting a revision to the Boston.
SIP.
The Technical Support Document Metropolitan 12/12/1994 1/30/1996, 61 FR 2918
for the Redesignation of the Boston.
Boston Area as Attainment for
Carbon Monoxide.
Letter from the MassDEP dated Statewide........ 1/9/1995 12/19/1995, 60 FR 65240
January 9, 1995 submitting a
revision to the SIP.
Letter from the MassDEP, dated Statewide........ 1/9/1995 2/14/1996, 61 FR 5696
January 9, 1995, submitting a
revision to the SIP.
Letter from the MassDEP Statewide........ 3/29/1995 7/5/2000, 65 FR 41344
submitting a revision to the
SIP.
Letter from the MassDEP Metropolitan 7/30/1993 10/15/1996, 61 FR 53628
submitting a revision to the Boston.
SIP (City of Boston/South
Boston Parking Freeze).
Letter from the MassDEP Statewide........ 2/9/1994 8/8/1996, 61 FR 41335
submitting revisions to the
SIP.
Letter from the MassDEP Statewide........ 3/29/1995 8/8/1996, 61 FR 41335
submitting revisions to the
SIP.
Letter and attachments from Statewide........ 2/8/1996 8/8/1996, 61 FR 41335
the MassDEP submitting
supplemental information
concerning the demonstration
of balance between credit
creation and credit use.
Massachusetts PAMS Network Statewide........ 11/15/1993 7/14/1997, 62 FR 37510
Plan, which incorporates PAMS
into the ambient air quality
monitoring network of State
or Local Air Monitoring
Stations (SLAMS) and National
Air Monitoring Stations
(NAMS).
[[Page 93]]
Letter from the MassDEP dated Statewide........ 12/30/1993 7/14/1997, 62 FR 37510
December 30, 1993 submitting
a revision to the SIP.
The Commonwealth, committed in Statewide........ 3/3/1997 7/14/1997, 62 FR 37510
a letter dated March 3, 1997
to correct deficiencies for
an enhanced motor vehicle
inspection and maintenance (I/
M) program within one year of
conditional interim approval
by EPA.
Letter from the MassDEP Statewide........ 10/17/1997 4/11/2000, 65 FR 19323
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 7/30/1996 4/11/2000, 65 FR 19323
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 8/9/2000 12/18/2000, 65 FR 78974
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 9/11/2000 12/18/2000, 65 FR 78974
submitting a revision to the
SIP.
Letter from the MassDEP dated Statewide........ 7/25/1995 12/18/2000, 65 FR 78974
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 2/17/1993 9/2/1999, 64 FR 48297
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 12/19/1997 6/2/1999, 64 FR 29567
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 3/9/1998 6/2/1999, 64 FR 29567
clarifying the program
implementation process.
Letter from the MassDEP Statewide........ 7/15/1994 9/2/1999, 64 FR 48095
submitting revisions to the
SIP.
Letter from the MassDEP Statewide........ 10/4/1996 9/2/1999, 64 FR 48095
submitting revisions to the
SIP.
Letter from the MassDEP Statewide........ 12/2/1996 9/2/1999, 64 FR 48095
submitting revisions to the
SIP.
Letter from the MassDEP Statewide........ 1/11/1999 9/2/1999, 64 FR 48095
submitting revisions to the
SIP.
Letter from the MassDEP Statewide........ 4/16/1999 9/2/1999, 64 FR 48095
submitting revisions to the
SIP.
Nonregulatory portions of the Statewide........ 1/11/1995 4/11/2000, 65 FR 19323
SIP submittal.
Nonregulatory portions of the Statewide........ 3/29/1995 4/11/2000, 65 FR 19323
SIP submittal.
A September 17, 1999, Notice Statewide........ 9/17/1999 11/15/2000, 65 FR 68898
of Correction submitted by
the Secretary of State
indicating the effective date
of the regulations.
Letter from the MassDEP Statewide........ 5/14/1999 11/15/2000, 65 FR 68898
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 2/1/2000 11/15/2000, 65 FR 68898
submitting a revision to the
SIP.
Letter from the MassDEP Statewide........ 3/15/2000 11/15/2000, 65 FR 68898
submitting a revision to the
SIP.
Test Procedures and Equipment Statewide........ 2/1/2000 11/15/2000, 65 FR 68898
Specifications.
Acceptance Test Protocol...... Statewide........ 3/15/2000 11/15/2000, 65 FR 68898
Letter from the Commonwealth Statewide........ 11/19/1999 12/27/2000, 65 FR 81743
of Massachusetts, Executive
Office of Environmental
Affairs, Department of
Environmental Protection
submitting an amendment to
SIP.
Background Document and Statewide........ 7/1/1999 12/27/2000, 65 FR 81743
Technical Support for Public
Hearings on the Proposed
Revisions to the SIP for
Ozone, July, 1999.
Supplemental Background Statewide........ 9/1/1999 12/27/2000, 65 FR 81743
Document and Technical
Support for Public Hearings
on Modifications to the July
1999 Proposal to Revise the
SIP for Ozone, September,
1999.
Table of Unit Allocations..... Statewide........ 9/1/1999 12/27/2000, 65 FR 81743
Letter from the MassDEP....... Statewide........ 4/10/2002 6/20/2003, 68 FR 36921
[[Page 94]]
The SIP narrative ``Technical Statewide........ 3/21/2002 6/20/2003, 68 FR 36921
Support Document for Public
Hearings on Revisions to the
State Implementation Plan for
Ozone for Massachusetts,
Amendments to Statewide
Projected Inventory for
Nitrogen Oxides,'' dated
March 2002.
Letter from the MassDEP Statewide........ 7/15/1994 10/27/2000, 65 FR 64360
submitting revisions to the
SIP.
Letter from the MassDEP Statewide........ 3/29/1995 10/27/2000, 65 FR 64360
submitting revisions to the
SIP.
Plan Approval issued by the Statewide........ 6/17/1999 10/4/2002, 67 FR 62179
MassDEP to the Gillette
Company Andover Manufacturing
Plant.
Letter from the MassDEP Statewide........ 4/16/1999 10/4/2002, 67 FR 62179
submitting negative
declarations for certain VOC
source categories.
Letter from the MassDEP Statewide........ 7/24/2002 10/4/2002, 67 FR 62179
discussing wood furniture
manufacturing and aerospace
coating requirements in
Massachusetts.
Letter from the MassDEP Metropolitan 12/8/2000 3/12/2001, 66 FR 14318
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Metropolitan 12/26/2000 3/12/2001, 66 FR 14318
submitting the final state Boston.
certified copies of State
regulations 310 CMR 7.30
``Massport/Logan Airport
Parking Freeze'' and 310 CMR
7.31 ``City of Boston/East
Boston Parking Freeze.''.
Letter from the MassDEP, in Statewide........ 8/9/2002 12/23/2002, 67 FR 78179
which it submitted the Low
Emission Vehicle Program
adopted on December 24, 1999.
Letter from the MassDEP which Statewide........ 8/26/2002 12/23/2002, 67 FR 78179
clarified the August 9, 2002
submittal to exclude certain
sections of the Low Emission
Vehicle Program from
consideration.
Letter from the MassDEP Metropolitan 7/12/2006 2/15/2008, 73 FR 8818
submitting a revision to the Boston.
SIP.
Massachusetts Regulation Metropolitan 12/13/2005 2/15/2008, 73 FR 8818
Filing amending 310 CMR 7.38 Boston.
entitled ``Certification of
Tunnel Ventilation Systems in
the Metropolitan Boston Air
Pollution Control District.''.
Massachusetts Regulation Statewide........ 4/19/2007 12/3/2007, 72 FR 67854
Filing amending 310 CMR 7.28
entitled ``NOx Allowance
Trading Program,'' and
adopting 310 CMR 7.32
entitled ``Massachusetts
Clean Air Interstate Rule
(Mass CAIR).''.
Massachusetts Regulation Metropolitan 11/16/2006 7/31/2008, 73 FR 44654
Filing substantiating Boston.
December 1, 2006, State
effective date for amended
310 CMR 7.00 entitled
``Definition,'' (addition of
term ``Boston Metropolitan
Planning Organization,''
which appears on the replaced
page 173 of the State's Code
of Massachusetts
Regulations,) and 310 CMR
7.36 entitled ``Transit
System Improvements.''.
Letter from the MassDEP dated Metropolitan 12/13/2006 7/31/2008, 73 FR 44654
December 13, 2006 submitting Boston.
a revision to the SIP.
Letter from the MassDEP Metropolitan 6/1/2007 7/31/2008, 73 FR 44654
submitting a revision to the Boston.
SIP.
[[Page 95]]
Letter from the Massachusetts Metropolitan 9/4/2007 7/31/2008, 73 FR 44654
Executive Office of Boston.
Transportation identifying
its commitment to the Green
Line extension and to make
every effort to accelerate
the planning, design and
environmental review and
permitting of the project in
order to work towards the
2014 completion date.
Letter from the Chair of the Metropolitan 5/1/2008 7/31/2008, 73 FR 44654
Boston Region Metropolitan Boston.
Planning Organization
concurring in the finding
that the transit system
improvements projects will
achieve emission benefits
equivalent to or greater than
the benefits from the
original transit system
improvements projects being
replaced.
Letter from EPA New England Metropolitan 7/5/2008 7/31/2008, 73 FR 44654
Regional Administrator Boston.
concurring in the finding
that the transit system
improvements projects will
achieve emission benefits
equivalent to or greater than
the benefits from the
original transit system
improvements projects being
replaced.
Letter from the MassDEP, dated Statewide........ 6/1/2009 01/25/2013, 78 FR 5292
June 1, 2009, submitting a
revision to the SIP.
Letter from the MassDEP, dated Statewide........ 11/30/2009 01/25/2013, 78 FR 5292
November 30, 2009, amending
the June 1, 2009 SIP
submittal.
Massachusetts June 1, 2009 SIP Statewide........ 6/1/2009 01/25/2013, 78 FR 5292
Revision Table of Contents
Item 7, ``Documentation of IM
SIP Revision consistent with
42 USC Section 7511a and
Section 182(c)(3)(A) of the
Clean Air Act.''.
``Massachusetts Regional Haze Statewide........ 8/9/2012 9/19/2013, 78 FR 57487
State Implementation Plan''
dated August 9, 2012.
A letter from the MassDEP Statewide........ 8/9/2001 4/24/2014, 79 FR 22774
dated August 9, 2001
submitting a revision to the
SIP.
A letter from the MassDEP Statewide........ 9/14/2006 4/24/2014, 79 FR 22774
dated September 14, 2006
submitting a revision to the
SIP.
A letter from the MassDEP Statewide........ 2/13/2008 4/24/2014, 79 FR 22774
dated February 13, 2008
submitting a revision to the
SIP.
A letter from the MassDEP Statewide........ 1/18/2013 4/24/2014, 79 FR 22774
dated January 18, 2013
withdrawing certain outdated
and obsolete regulation
submittals and replacing them
with currently effective
versions of the regulation
for approval and inclusion
into the SIP.
A letter from the MassDEP Statewide........ 11/6/2013 12/8/2015, 80 FR 76225
dated November 6, 2013
submitting a revision to the
SIP.
A letter from the MassDEP Statewide........ 5/5/2015 11/29/2016, 81 FR 85897
dated May 5, 2015 submitting
a revision to the SIP.
Massachusetts Regional Haze Statewide........ Submitted 2/9/ 3/29/2019, 84 FR 11885
Five-Year Progress Report. 2018
[[Page 96]]
Infrastructure SIP for 1997 Statewide........ February 9, May 29, 2019, 84 FR 24719 Certain aspects
Ozone NAAQS. 2018 relating to PSD
for prong 3 of
CAA section
110(a)(2)
(D)(i)(II) which
were
conditionally
approved on
December 21, 2016
are now fully
approved.
Infrastructure SIP for 2008 Statewide........ February 9, May 29, 2019, 84 FR 24719 Certain aspects
Lead NAAQS. 2018 relating to PSD
for prong 3 of
CAA section
110(a)(2)
(D)(i)(II) which
were
conditionally
approved on
December 21, 2016
are now fully
approved.
Infrastructure SIP for 2008 Statewide........ February 9, May 29, 2019, 84 FR 24719 Certain aspects
Ozone NAAQS. 2018 relating to PSD
for prong 3 of
CAA section
110(a)(2)
(D)(i)(II) which
were
conditionally
approved on
December 21, 2016
are now fully
approved.
Infrastructure SIP for 2010 Statewide........ February 9, May 29, 2019, 84 FR 24719 Certain aspects
NO2 NAAQS. 2018 relating to PSD
for prong 3 of
CAA section
110(a)(2)
(D)(i)(II) which
were
conditionally
approved on
December 21, 2016
are now fully
approved.
Infrastructure SIP for 2010 Statewide........ February 9, May 29, 2019, 84 FR 24719 Certain aspects
SO2 NAAQS. 2018 relating to PSD
for prong 3 of
CAA section
110(a)(2)
(D)(i)(II) which
were
conditionally
approved on
December 21, 2016
are now fully
approved.
----------------------------------------------------------------------------------------------------------------
\3\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
Register notice cited in this column for the particular provision.
[[Page 97]]
[83 FR 3967, Jan. 29, 2018, as amended at 83 FR 9439, Mar. 6, 2018; 84
FR 7301, Mar. 4, 2019; 84 FR 10265, Mar. 20, 2019; 84 FR 11887, Mar. 29,
2019; 84 FR 24721, May 29, 2019]
Effective Date Notes: 1. At 84 FR 29383, June 24, 2019, Sec.
52.1120 was amended in the table in paragraph (c) by revising the entry
``310 CMR 7.00'' and adding a new state citation for ``Executive Order
145'' at the end of the table; and in the table in paragraph (e) by
adding entries for ``Infrastructure SIP for 2012 PM2.5
NAAQS,'' ``Infrastructure SIP for 1997 PM2.5 NAAQS,''
``Infrastructure SIP for 2006 PM2.5 NAAQS,'' ``Infrastructure
SIP for the 1997 Ozone NAAQS,'' ``Infrastructure SIP for the 2008 Lead
NAAQS,'' ``Infrastructure SIP for the 2008 Ozone NAAQS,''
``Infrastructure SIP for the 2010 NO2 NAAQS,'' and
``Infrastructure SIP for the 2010 SO2 NAAQS'' to the end of
the table, effective July 24, 2019. For the convenience of the user, the
added and revised text is set forth as follows:
Sec. 52.1120 Identification of plan
* * * * *
(c) * * *
EPA Approved Massachusetts Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
310 CMR 7.00...................... Definitions........ 3/9/2018 6/24/2019, 84 FR Approved 5 new or
29380. updated
definitions.
* * * * * * *
Executive Order 145............... Consultation with 11/20/1978 6/24/2019, 84 FR Approval as part
Cities and Towns 29380. of 2012 PM2.5
on Administrative infrastructure
Mandates. SIP.
----------------------------------------------------------------------------------------------------------------
\1\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
Register notice cited in this column for the particular provision.
* * * * *
(e) * * *
Massachusetts Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non regulatory SIP geographic or submittal
provision nonattainment date/effective EPA approved date \3\ Explanations
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure SIP submittal Statewide........ 2/9/2018 6/24/2019, 84 FR 29380 Approved with
for 2012 PM2.5 NAAQS. respect to
requirements for
CAA section 110
(a)(2)(A), (B),
(C), (D), (E),
(F), (G), (H),
(J), (K), (L),
and (M) with the
exception of the
PSD-related
requirements of
(C), (D), and
(J). Approval
includes
interstate
transport
requirements.
[[Page 98]]
Infrastructure SIP submittal Statewide........ 1/1/2008 6/24/2019, 84 FR 29380 Converts
for 1997 PM2.5 NAAQS. conditional
approval to full
approval for CAA
section 110
(a)(2)(A) and
E(ii). Approves
interstate
transport,
visibility
protection, and
international air
pollution
abatement
requirements of
CAA section
110(a)(2)(D).
Infrastructure SIP submittal Statewide........ 9/21/2009 6/24/2019, 84 FR 29380 Converts
for 2006 PM2.5 NAAQS. conditional
approval to full
approval for CAA
section 110
(a)(2)(A) and
E(ii). Approves
interstate
transport,
visibility
protection, and
international air
pollution
abatement
requirements of
CAA section 110
(a)(2)(D).
Infrastructure SIP submittal Statewide........ 2/9/2018 6/24/2019, 84 FR 29380 Converts
for 1997 Ozone NAAQS. conditional
approval for CAA
section 110
(a)(2)(A), which
was conditionally
approved December
21, 2016, to full
approval.
Infrastructure SIP submittal Statewide........ 2/9/2018 6/24/2019, 84 FR 29380 Converts
for 2008 Lead NAAQS. conditional
approval for CAA
section 110
(a)(2)(A), which
was conditionally
approved December
21, 2016, to full
approval.
Infrastructure SIP submittal Statewide........ 2/9/2018 6/24/2019, 84 FR 29380 Converts
for 2008 Ozone NAAQS. conditional
approval for CAA
section 110
(a)(2)(A), which
was conditionally
approved December
21, 2016, to full
approval.
Infrastructure SIP submittal Statewide........ 2/9/2018 6/24/2019, 84 FR 29380 Converts
for 2010 NO2 NAAQS. conditional
approval for CAA
section 110
(a)(2)(A), which
was conditionally
approved December
21, 2016, to full
approval.
[[Page 99]]
Infrastructure SIP submittal Statewide........ 2/9/2018 6/24/2019, 84 FR 29380 Converts
for 2010 SO2 NAAQS. conditional
approval for CAA
section 110
(a)(2)(A), which
was conditionally
approved December
21, 2016, to full
approval.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\3\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
Register notice cited in this column for the particular provision.
Effective Date Notes: 2. At 84 FR 31207, July 1, 2019, Sec. 52.1120
was amended in paragraph (e) by adding an entry entitled ``Carbon
Monoxide 2nd 10-Year Limited Maintenance Plan'' to the end of the table,
effective July 31, 2019. For the convenience of the user, the added and
revised text is set forth as follows:
Sec. 52.1120 Identification of plan.
* * * * *
(e) * * *
Massachusetts Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non regulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date \3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Carbon Monoxide 2nd 10-Year Boston Metropolitan 2/9/2018 7/1/2019, 84 FR
Limited Maintenance Plan. Area, Lowell, 31206.
Springfield,
Waltham, and
Worcester.
----------------------------------------------------------------------------------------------------------------
\3\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
Register notice cited in this column for the particular provision.
Sec. 52.1121 Classification of regions.
The Massachusetts plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Boston Intrastate............................ I I III I I
Merrimack Valley-Southern New Hampshire Interstate........ I I III III III
Metropolitan Providence Interstate........................ I I III III III
Central Massachusetts Intrastate.......................... I II III III III
Hartford-New Haven-Springfield Interstate................. I I III I I
Berkshire Intrastate...................................... II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10872, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 61303, Sept. 16, 1980]
[[Page 100]]
Sec. 52.1122 [Reserved]
Sec. 52.1123 Approval status.
(a) With the exceptions set forth in this subpart the Administrator
approves the Massachusetts plan as identified in Sec. 52.1120 for
attainment and maintenance of the national standards under section 110
of the Clean Air Act. Furthermore, the Administrator finds that the plan
identified in Sec. 52.1120 satisfies all requirements of Part D, Title
I of the Clean Air Act as amended in 1977, except as noted below. In
addition, continued satisfaction of the requirements of Part D of the
ozone portion of the SIP depends on the adoption and submittal of RACT
requirements by July 1, 1980 for the sources covered by CTGs issued
between January 1978 and January 1979 and adoption and submittal by each
subsequent January of additional RACT requirements for sourceovered by
CTGs issued by the previous January.
(b) The above requirements for continued satisfaction of Part D are
fulfilled by Massachusetts Regulation 310 CMR 7.18(17) and a narrative
commitment to review CTG IIIs issued in the future. Both were submitted
on September 9, 1982. Additionally, each individual RACT determination
made under 310 CMR 7.18(17) will be submitted as a SIP revision to
incorporate the limitation into the SIP, and DEQE will propose
regulations for CTG III category controls if the controls are
appropriate for the State.
[45 FR 61303, Sept. 16, 1980, as amended at 48 FR 51485, Nov. 9, 1983]
Sec. 52.1124 Review of new sources and modifications.
(a) Revisions to Regulation 310 CMR 7.02(2)(d) submitted on March
30, 1979 are disapproved because they do not satisfy the requirements of
Sec. 51.161.
[39 FR 7281, Feb. 25, 1974, as amended at 40 FR 47495, Oct. 9, 1975; 45
FR 2043, Jan. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33923, June 29,
1995]
Sec. 52.1125 Emission inventories.
(a) The Governor's designee for the Commonwealth of Massachusetts
submitted the 1990 base year emission inventories for the Springfield
nonattainment area and the Massachusetts portion of the Boston-Lawrence-
Worcester ozone nonattainment area on November 13, 1992 as a revision to
the State Implementation Plan (SIP). Revisions to the inventories were
submitted on November 15, 1993, and November 15, 1994, and March 31,
1997. The 1990 base year emission inventory requirement of section
182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied
for these areas.
(b) The inventories are for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventories
covers point, area, non-road mobile, on-road mobile, and biogenic
sources.
(c) Taken together, the Springfield nonattainment area and the
Massachusetts portion of the Boston-Lawrence-Worcester nonattainment
area encompass the entire geographic area of the State. Both areas are
classified as serious ozone nonattainment areas.
(d) The state of Massachusetts submitted base year emission
inventories representing emissions for calendar year 2002 from the
Boston-Lawrence-Worcester moderate 8-hour ozone nonattainment area and
the Springfield moderate 8-hour ozone nonattainment area on January 31,
2008 as revisions to the State's SIP. The 2002 base year emission
inventory requirement of section 182(a)(1) of the Clean Air Act, as
amended in 1990, has been satisfied for these areas. The inventories
consist of emission estimates of volatile organic compounds and nitrogen
oxides, and cover point, area, non-road mobile, on-road mobile and
biogenic sources. The inventories were submitted as revisions to the SIP
in partial fulfillment of obligations for nonattainment areas under
EPA's 1997 8-hour ozone standard.
(e) The Commonwealth of Massachusetts submitted base year emission
inventories representing emissions for calendar year 2011 for the Dukes
county marginal 8-hour ozone nonattainment area on February 9, 2018, as
a revision to the Massachusetts 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 this area. The inventory
consists of emission estimates of
[[Page 101]]
volatile organic compounds and nitrogen oxides, and applies to point,
area, non-road mobile, on-road mobile and biogenic sources. The
inventories were submitted as revisions to the Massachusetts SIP in
partial fulfillment of obligations for nonattainment areas under EPA's
2008 8-hour ozone standard.
[62 FR 37514, July 14, 1997, as amended at 77 FR 50601, Aug. 22, 2012;
84 FR 7301, Mar. 4, 2019]
Sec. 52.1126 Control strategy: Sulfur oxides.
(a) The revisions to the control strategy resulting from the
modification to the emission limitations applicable to the sources
listed below or resulting from the change in the compliance date for
such sources with the applicable emission limitation is hereby approved.
All regulations cited are air pollution control regulations of the
State, unless otherwise noted. (See Sec. 52.1125 for compliance
schedule approvals and disapprovals pertaining to one or more of the
sources listed below.)
----------------------------------------------------------------------------------------------------------------
Regulation
Source Location involved Date of adoption
----------------------------------------------------------------------------------------------------------------
Deerfield Specialty Papers, Inc.......... Monroe Bridge............... 5.1.2 Oct. 17, 1972.
Hollingsworth & Vose Co.................. East Walpole................ 5.1.2 June 29, 1972.
Pepperell Paper Co....................... Pepperell................... 5.1.2 Nov. 29, 1972.
Stevens Paper Mills, Inc................. Westfield and South Hadley.. 5.1.2 July 27, 1972.
Tileston and Hollingsworth Co............ Hyde Park................... 5.1.1 Nov. 21, 1972.
All sources in Berkshire APCD............ ............................ 5.1.2 Do.
----------------------------------------------------------------------------------------------------------------
(b)(1) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Pioneer Valley Air Pollution Control District, which allows
a relaxation of sulfur in fuel limitations under certain conditions, is
approved for the following sources. All other sources remain subject to
the previously approved requirements of Regulation 7.05(1) which
stipulate that sources are required to burn residual fuel oil having a
sulfur content not in excess of 0.55 pounds per million Btu heat release
potential (approximately equivalent to 1 percent sulfur content.)
Deerfield Specialty Paper Company, Monroe Bridge; Amherst College,
Amherst; Brown Company, Holyoke; Monsanto Polymer and Petrochemical
Company, Building 21, Springfield; Monsanto Polymer and Petrochemical
Company, Building 49, Springfield; Mount Holyoke College, South Hadley;
Uniroyal Tire Inc., Chicopee; Smith College, Northampton; West
Springfield Generating Station, Western Massachusetts Electric, West
Springfield.
Pioneer Valley APCD
Belchertown State School, Belchertown
James River Graphics (formerly Scott Graphics), south Hadley
(conditioned upon operation of the boilers on only one of the two stacks
at any given time, and operation being so restricted in the source's
operating permit granted by the Massachusetts Department of
Environmental Quality Engineering.)
Massachusetts Mutual Life Insurance Company, Springfield.
Northampton State Hospital, Northampton.
Springfield Technical Community College, Springfield.
Stanley Home Products, Easthampton.
Stevens Elastomeric Industries, Easthampton.
Ware Industries, Ware.
Westfield State College, Westfield.
Westover Air Force Base (Building 1411), Chicopee.
University of Massachusetts, Amherst.
Mount Tom Generating Station, Holyoke.
(2) Massachusetts Regulation 310 CMR 7.05(1)(e)(3) for Pioneer
Valley, as submitted on March 2, 1979, and May 5, 1981, which allows
sources in Hampshire and Franklin Counties rated at less than 100
million Btu per hour heat input capacity to burn fuel oil having a
sulfur content of not more than 1.21 pounds per million Btu heat release
potential (approximately equivalent to 2.2% sulfur content) is approved
for all such sources with the exception of:
Strathmore Paper Co., Montague.
(c) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) which allows a relaxation of sulfur in fuel limitations for the
Central Massachusetts Air Pollution Control District, except in the City
of Worcester, is approved for the following sources. All other sources
remain subject to the previously approved requirements of Regulation
7.05(1) which stipulate that
[[Page 102]]
sources are required to burn residual fuel oil having a sulfur content
not in excess of 0.55 pounds per million BTU heat release potential
(approximately equivalent to 1 percent sulfur content fuel oil).
American Optical Company, Southbridge, Wyman Gordon Company, Grafton,
James River--Massachusetts Inc., Fitchburg, Fitchburg Paper Company,
Fitchburg (only boilers which emit through the 55 meter stack).
Central Massachusetts APCD
Borden, Inc., Chemical Division, Leominster (conditioned upon first
completing construction of new stack and certification of completion to
the EPA by the Massachusetts Department of Environmental Quality
Engineering.).
Gardner State Hospital, Gardner.
Grafton State Hospital, Grafton.
Haywood-Shuster Woolen, E. Douglas.
Cranston Prints Works, Webster.
Baldwinville products, Templeton--(conditioned upon first completing
construction of new stack, and certification of completion to the EPA by
the Massachusetts Department of Environmental Quality Engineering.).
(d) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Southeastern Massachusetts Air Pollution Control District,
which allows a relaxation of sulfur in fuel limitations under certain
conditions is approved for the following sources. All other sources
remain subject to the previously approved requirements of Regulation
7.05(1) which stipulate that sources are required to burn residual fuel
oil having a sulfur content not in excess of 0.55 pounds per million Btu
heat release potential (approximately equivalent to 1 percent sulfur
content.)
New England Power Company, Brayton Point Station, Somerset; Montaup
Electric Company, Somerset Station, Somerset (limited to 75% capacity
while burning higher sulfur fuels.) Canal Electric Company, Sandwich;
Taunton Municipal Lighting Plant, Somerset Avenue, Taunton.
Southeastern Massachusetts APCD
L&O Realty Trust, Taunton.
New Bedford Gas and Electric, New Bedford.
Texas Instruments, Attleboro.
Arkwright Finishing Incorporated, Fall River.
Foster Forbes Glass Company, Milford.
Owens Illinois Inc., Mansfield.
Harodite Finishing Corporation, Dighton--(conditioned upon prior removal
of rain-caps from stack, and certification of completion to the EPA by
the Massachusetts Department of Environmental Quality Engineering.)
Polaroid Corporation, New Bedford.
(e) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Merrimack Valley Air Pollution Control District, excluding
the City of Lawrence and the towns of Andover, Methuen, and North
Andover, which allows a relaxation of sulfur in fuel limitations under
certain conditions, is approved for the following sources. All other
sources remain subject to the previously approved requirements of
Regulation 7.05(1) which stipulates that sources are required to burn
residual fuel oil having a sulfur content not in excess of 0.55 pounds
per million Btu heat release potential (approximately equivalent to 1
percent sulfur content).
Hollingsworth and Vose, West Groton; James River Paper, Pepperell;
Haverhill Paperboard Corp., Haverhill. Residual oil burning facilities
less than 100 million Btu's per hour heat input capacity, except in the
City of Lawrence, and Towns of Andover, Methuen, and North Andover.
(f) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Metropolitan Boston Air Pollution Control District, which
allows a relaxation of sulfur in fuel limitations under certain
conditions, is approved for the following sources. All other sources
remain subject to the previously approved requirements of Regulation
7.05(1) which stipulate that sources in Arlington, Belmont, Boston,
Brookline, Cambridge, Chelsea, Everett, Malden, Medford, Newton,
Somerville, Waltham, and Watertown (the Boston Core Area) are limited to
burn fuel with a sulfur content not in excess of 0.28 pounds per million
Btu heat release potential (approximately 0.5% sulfur content residual
oil; sources in the remaining APCD are limited to burn fuel with a
sulfur content not in excess of 0.55 pounds per million Btu heat release
potential (approximately 1% sulfur content residual oil).
Metropolitan Boston APCD
General Motors, Framingham.
[[Page 103]]
Polaroid Corporation, Norwood.
Bird and Son, East Walpole.
Massachusetts Correctional Institute, South Walpole.
Bridgewater State College, Bridgewater.
Hanscom Field, Bedford.
Wellesley College, Wellesley.
National Tanning and Trading, Peabody.
General Tire, Reading.
General Food Corporation, Atlantic Gelatin, Woburn.
Massachusetts Correctional Institute, Bridgewater.
W. R. Grace, Acton.
Massachusetts Correctional Institute, Concord.
Danvers State Hospital, Danvers.
New England Power Company, Salem Harbor Station, Salem; Boston Edison, L
Street, New Boston Station, Boston; Boston Edison, Mystic Station,
Everett; Ventron Corporation, Danvers; General Electric, Lynn River
Works, Lynn; U.S.M. Corporation, Beverly; Medfield State Hospital,
Medfield; General Dynamics, Quincy; Hollingsworth and Vose, East
Walpole; Kendal Company, Walpole; Dennison Manufacturing Company,
Framingham.
Procter and Gamble Company, Quincy.
Natick Paperboard Corporation, Natick.
[38 FR 9089, Apr. 10, 1973]
Editorial Note: For Federal Register citations affecting Sec.
52.1126, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1127 Attainment dates for national standards.
The following table presents the latest dates by which the national
standards are to be attained. The table reflects the new information
presented in the approved Massachusetts plan.
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------------------------------
Air quality control region SO 2
------------------------------- PM 10 NO 2 CO O 3
Primary Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 42: Hartford-New Haven- (a) (b) (a) (a) (a) (c)
Springfield Interstate Area (See
40 CFR 81.26).
AQCR 117: Berkshire Intrastat Area (a) (b) (a) (a) (a) (c)
(See 40 CFR 81.141).
AQCR 118: Central Mass Intrastate (a) (b) (a) (a) (a) (d)
Area (See 4r0 CFR 81.142).
AQCR 119: Metropolitan Boston (a) (b) (a) (a) (a) (d)
Intrastate Area (See 40 CFR
81.19).
AQCR 120: Metropolitan Providence (a) (b) (a) (a) (a) (d)
Interstate Area (See 40 CFR
81.31).
AQCR 121: Merrimack Valley- (a) (b) (a) (a) (a) (d)
Southern NH Interstate Area (See
40 CFR 81.81).
----------------------------------------------------------------------------------------------------------------
a. Air quality presently below primary standards or area is unclassifiable.
b. Air quality levels presently secondary standatrds or area is unclassifiable.
c. December 31, 2003.
d. November 15, 2007.
[45 FR 61303, Sept. 16, 1980, as amended at 46 FR 33524, June 30, 1981;
66 FR 693, Jan. 3, 2001; 67 FR 7278, Feb. 19, 2002; 67 FR 72579, Dec. 6,
2002]
Sec. 52.1128 Transportation and land use controls.
(a) For purposes of this subpart, the definitions herein are
applicable.
(b) Definitions:
(1) Register as applied to a motor vehicle, means the licensing of
such motor vehicle for general operation on public roads or highways by
the appropriate agency of the Federal Government or by the Commonwealth.
(2) Boston Intrastate Region means the Metropolitan Boston
Intrastate Air Quality Control Region, as defined in Sec. 81.19 of this
part.
(3) [Reserved]
(4) Freeze area means that portion of the Boston Intrastate Region
enclosed within the following boundaries:
The City of Cambridge; that portion of the City of Boston from the
Charles River and the Boston Inner Harbor on north and northeast of pier
4 on Northern Avenue; by the east side of pier 4 to B Street, B Street
extension of B Street to B Street, B Street, Dorchester Avenue, and the
Preble Street to Old Colony Avenue, then east to the water, then by the
water's edge around Columbia Point on various courses generally
easterly, southerly, and westerly
[[Page 104]]
to the center of the bridge on Morrissey Boulevard, on the east and
southeast; then due west to Freeport Street, Freeport Street, Dorchester
Avenue, Southeast Expressway, Southampton Street, Reading Street, Island
Street, Chadwick Street, Carlow Street, Albany Street, Hunneman Street,
Madison Street, Windsor Street, Cabot Street, Ruggles Street, Parker
Street, Ward Street, Huntington Avenue, Brookline-Boston municipal
boundary, Mountford Street to the Boston University Bridge on the
southwest and west; and the Logan International Airport. Where a street
or roadway forms a boundary the entire right-of-way of the street is
within the freeze area as defined.
(5) Boston proper means that portion of the City of Boston,
Massachusetts, contained within the following boundaries: The Charles
River and Boston Inner Harbor on the northwest, north, and northeast,
the Inner Harbor, Fort Point Channel, Fitzgerald Expressway, and the
Massachusetts Avenue Expressway access branch on the east and southeast,
and Massachusetts Avenue on the west. Where a street or roadway forms a
boundary, the entire right-of-way of the street is within the Boston
proper area as here defined.
(6) Regional Administrator means the Administrator of Region I of
the U.S. Environmental Protection Agency.
(7) Governor means the Governor of the Commonwealth or the head of
such executive office of the Commonwealth as the Governor shall
designate as responsible for carrying out specific provisions of this
subpart.
(8) Commonwealth means the Commonwealth of Massachusetts.
[40 FR 25161, June 12, 1975]
Sec. 52.1129 Control strategy: Ozone.
(a) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on April 1, 1999,
and supplemented on June 25, 1999 and September 9, 1999. The revisions
are for the purpose of satisfying the rate of progress requirements of
sections 182(b)(1) and 182(c)(2)(B) of the Clean Air Act for the
Springfield, Massachusetts serious ozone nonattainment area.
(b) Approval--Revisions to the State Implementation Plan submitted
by the Massachusetts Department of Environmental Protection on July 27,
1998, October 1, 1998 and August 13, 1999. The revisions are for the
purpose of satisfying the attainment demonstration requirements of
section 182(c)(2)(A) of the Clean Air Act, for the Springfield (Western
Massachusetts) serious ozone nonattainment area. The revision
establishes an attainment date of December 31, 2003 for the Springfield,
Massachusetts serious ozone nonattainment area. This revision
establishes motor vehicle emissions budgets for 2003 of 23.77 tons per
day of volatile organic compounds (VOC) and 49.11 tons per day of
nitrogen oxides (NOX) to be used in transportation conformity
in the Springfield, Massachusetts serious ozone nonattainment area.
(c) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on April 10, 2002
and amended on July 26, 2002. The revisions are for the purpose of
satisfying the rate of progress requirements of sections 182(b)(1) and
182(c)(2)(B) of the Clean Air Act for the Massachusetts portion of the
Boston-Lawrence-Worcester serious ozone nonattainment area.
(d) Approval--Revisions to the State Implementation Plan submitted
by the Massachusetts Department of Environmental protection on July 27,
1998, and September 6, 2002. The revisions are for the purpose of
satisfying the one-hour ozone attainment demonstration requirements of
section 182(c)92)(A) pof the Clean Air Act, for the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattiainment area. The revision
establishes a one-hour attainment date of November 15, 2007l, for the
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. This
revision establishes motor vehicle emissions budgets for 2007 of 86.7
tons per day of volatile organic compounds and 226.363 tons per day of
nitrogen oxides to be used in transportation conformity in the
Massachusets portion of the Boston-Lawrence-Worcester, MA-NH serious
ozone nonattainment area.
(e) Determination of Attainment for the One-Hour Ozone Standard.
Effective May 30, 2012, EPA is determining
[[Page 105]]
that the Springfield (Western Massachusetts) one-hour ozone
nonattainment area did not meet its applicable one-hour ozone attainment
date of December 31, 2003, based on 2001-2003 complete, quality-assured
ozone monitoring data. Separate from and independent of this
determination, EPA is determining that the Springfield (Western
Massachusetts) one-hour ozone nonattainment area met the one-hour ozone
standard, based on 2007-2009 complete, quality-assured ozone monitoring
data at all monitoring sites in the area. EPA's review of the ozone data
shows that the area began attaining the one-hour ozone standard during
the 2007-2009 monitoring period, and has continued attaining the one-
hour standard through the 2008-2010 and 2009-2011 monitoring periods.
(f) Determination of Attainment for the One-Hour Ozone Standard.
Effective June 28, 2012, EPA is determining that the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area met the one-hour
ozone standard, by the area's applicable attainment date of November 15,
2007, based on 2005-2007 complete, certified, quality-assured ozone
monitoring data at all monitoring sites in the area.
(g) Determination of Attainment. (1) Determination of Attainment by
Attainment Date; and
(2) Determination of Attainment. Effective June 28, 2012.
(i) Determination of Attainment by the Area's Attainment Date. EPA
is determining that the Boston-Lawrence-Worcester, MA eight-hour ozone
nonattainment area met the applicable June 15, 2010 attainment deadline
for the 1997 eight-hour ozone standard.
(ii) EPA is determining that the Boston-Lawrence-Worcester, MA
eight-hour ozone nonattainment area has attained the 1997 eight-hour
ozone standard. Under the provisions of EPA's ozone implementation rule
(see 40 CFR 51.918), this determination suspends the reasonable further
progress and attainment demonstration requirements of section 182(b)(1)
and related requirements of section 172(c)(9) of the Clean Air Act for
as long as the area continues to attain the 1997 eight-hour ozone
standard. If EPA determines, after notice-and comment rulemaking, that
the Boston-Lawrence-Worcester, MA area no longer meets the 1997 ozone
NAAQS, this determination shall be withdrawn.
(h) Determinations of Attainment: Effective July 19, 2012.
(1) Determination of Attainment. EPA is determining that the
Springfield (Western Massachusetts) 8-hour ozone nonattainment area has
attained the 1997 8-hour ozone standard. Under the provisions of EPA's
ozone implementation rule (see 40 CFR 51.918), this determination
suspends the reasonable further progress and attainment demonstration
requirements of section 182(b)(1) and related requirements of section
172(c)(9) of the Clean Air Act for as long as the area continues to
attain the 1997 8-hour ozone standard. If EPA determines, after notice-
and comment rulemaking, that the Western Massachusetts area no longer
meets the 1997 ozone NAAQS, this determination shall be withdrawn.
(2) Determination of Attainment by the Area's Attainment Date. EPA
has determined that the Springfield (Western Massachusetts) 8-hour ozone
nonattainment area met the applicable June 15, 2010 attainment deadline
for the 1997 8-hour ozone standard.
(i) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 31,
2008. These revisions are for the purpose of satisfying the rate of
progress requirement of section 182(b)(1) from 2002 through 2008, and
the contingency measure requirement of sections 172(c)(9) and of the
Clean Air Act, for the Boston-Lawrence-Worcester (E. MA) moderate 8-hour
ozone nonattainment area, and the Springfield (W. MA) moderate 8-hour
ozone nonattainment area. These revisions establish motor vehicle
emission budgets for 2008 of 68.30 tons per day of volatile organic
compounds (VOCs) and 191.30 tons per day of nitrogen oxides
(NOX) to be used in transportation conformity in the Boston-
Lawrence-Worcester (E. MA) moderate 8-hour ozone nonattainment area.
These revisions also establish motor vehicle emission budgets for 2008
for the Springfield (W. MA) moderate 8-hour ozone nonattainment area of
11.80
[[Page 106]]
tons per day for VOCs, and 31.30 tons per day for NOX.
(j) Approval--Reasonably Available Control Technology Demonstration
for the 1997 8-hour ozone standard submitted by the Massachusetts
Department of Environmental Protection on January 31, 2008. The revision
consists of the state's certification that with regard to the 1997 8-
hour ozone standard, Reasonably Available Control Technology controls
have been implemented for all sources in the state covered by EPA's
Control Techniques Guidelines (CTG) and for all major sources of
volatile organic compound and nitrogen oxide emissions. The submittal
also includes negative declaration for several CTG categories.
(k) Determination of attainment for the eight-hour ozone standard.
Effective June 3, 2016, the EPA is determining that complete quality-
assured and certified ozone monitoring data for 2012 to 2014 show the
Dukes County, Massachusetts eight-hour ozone nonattainment area attained
the 2008 eight-hour ozone standard by its July 20, 2015 attainment
deadline. Therefore, the EPA has met the requirement pursuant to CAA
section 181(b)(2)(A) to determine, based on the area's air quality data
as of the attainment date, whether the area attained the standard. The
EPA also determined that the Dukes County nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
(l) On February 9, 2018, Massachusetts submitted a certification
that its air emissions reporting requirements applicable to stationary
sources meet the emission statement requirements of section 182(a)(3)(B)
of the Clean Air Act. The certification was submitted as a SIP revision
in partial fulfillment of obligations for nonattainment areas under
EPA's 2008 8-hour ozone standard.
[65 FR 68898, Nov. 15, 2000, as amended at 66 FR 693, Jan. 3, 2001; 67
FR 55125, Aug. 28, 2002; 67 FR 72579, Dec. 6, 2002; 77 FR 25363, Apr.
30, 2012; 77 FR 31498, May 29, 2012; 77 FR 36405, June 19, 2012; 77 FR
50601, Aug. 22, 2012; 78 FR 54961, Sept. 9, 2013; 81 FR 26709, May 4,
2016; 84 FR 7301, Mar. 4, 2019]
Sec. 52.1130 [Reserved]
Sec. 52.1131 Control strategy: Particulate matter.
(a) Revisions to the following regulations submitted on March 30,
1979 are disapproved:
(1) Regulation 310 CMR 7.02(8), Table 2, new facilities greater than
250 million Btu/hr input burning solid fuel.
(2) Regulation 310 CMR 7.02(9), Table 5.
(b) Approval--Submittal from the Massachusetts Department of
Environmental Protection, dated April 4, 2008 to address the Clean Air
Act (CAA) infrastructure requirements for the 1997 PM2.5
NAAQS. This submittal satisfies requirements of CAA sections
110(a)(2)(B), (C) (enforcement program only), (E)(i), (E)(iii), (F),
(G), (H), (J) (consultation and public notification only), (K), (L), and
(M).
(c) Conditional Approval--Submittal from the Massachusetts
Department of Environmental Protection, dated April 4, 2008, to address
the Clean Air Act (CAA) infrastructure requirements for the 1997
PM2.5 NAAQS is conditionally approved for CAA elements
110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon
Massachusetts taking actions to meet requirements of these elements
within one year of conditional approval, as committed to in a letter
from the state to EPA Region 1 dated July 12, 2012.
(d) Disapproval--Submittal from the Massachusetts Department of
Environmental Protection, dated April 4, 2008, to address the Clean Air
Act (CAA) infrastructure requirements for the 1997 PM2.5
NAAQS. This submittal does not satisfy requirements of CAA sections
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii),
and (J) (PSD program only).
(e) Approval--Submittal from the Massachusetts Department of
Environmental Protection, dated September 21, 2009, with supplements
submitted on January 13, 2011, and August 19, 2011, to address the Clean
Air Act (CAA) infrastructure requirements for the 2006 PM2.5
NAAQS. This submittal satisfies requirements of CAA sections
110(a)(2)(B), (C) (enforcement program only), (E)(i), (E)(iii), (F),
(G), (H), (J)
[[Page 107]]
(consultation and public notification only), (K), (L), and (M).
(f) Conditional Approval--Submittal from the Massachusetts
Department of Environmental Protection, dated September 21, 2009, with
supplements submitted on January 13, 2011, and August 19, 2011, to
address the Clean Air Act (CAA) infrastructure requirements for the 2006
PM2.5 NAAQS is conditionally approved for CAA elements
110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon
Massachusetts taking actions to meet requirements of these elements
within one year of conditional approval, as committed to in a letter
from the state to EPA Region 1 dated July 12, 2012.
(g) Disapproval--Submittal from the Massachusetts Department of
Environmental Protection, dated September 21, 2009, with supplements
submitted on January 13, 2011, and August 19, 2011, to address the Clean
Air Act (CAA) infrastructure requirements for the 2006 PM2.5
NAAQS. This submittal does not satisfy requirements of CAA sections
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii),
and (J) (PSD program only).
[45 FR 2044, Jan. 10, 1980, as amended at 77 FR 63233, Oct. 16, 2012]
Effective Date Note: At 84 FR 29384, June 24, 2019, Sec. 52.1131
was amended by revising the entries for paragraphs (c) and (f) and
adding paragraph (h), effective July 24, 2019. For the convenience of
the user, the added and revised text is set forth as follows:
Sec. 52.1131 Control strategy: Particulate matter.
* * * * *
(c) Conditional Approval (satisfied)--Submittal from the
Massachusetts Department of Environmental Protection, dated April 4,
2008, to address the Clean Air Act (CAA) infrastructure requirements for
the 1997 PM2.5 NAAQS is conditionally approved for CAA
elements 110(a)(2)(A) and (E)(ii). This conditional approval is
contingent upon Massachusetts taking actions to meet requirements of
these elements within one year of conditional approval, as committed to
in a letter from the state to EPA Region 1 dated July 12, 2012. The
Massachusetts Department of Environmental Protection made a submittal to
satisfy these conditions on February 9, 2018. EPA approved the submittal
and converted the conditional approval to a full approval on June 24,
2019.
* * * * *
(f) Conditional Approval (satisfied)--Submittal from the
Massachusetts Department of Environmental Protection, dated September
21, 2009, with supplements submitted on January 13, 2011, and August 19,
2011, to address the Clean Air Act (CAA) infrastructure requirements for
the 2006 PM2.5 NAAQS is conditionally approved for CAA
elements 110(a)(2)(A) and (E)(ii). This conditional approval is
contingent upon Massachusetts taking actions to meet requirements of
these elements within one year of conditional approval, as committed to
in a letter from the state to EPA Region 1 dated July 12, 2012. The
Massachusetts Department of Environmental Protection made a submittal to
satisfy these conditions on February 9, 2018. EPA approved the submittal
and converted the conditional approval to a full approval on June 24,
2019.
* * * * *
(h) Approval--Submittal from the Massachusetts Department of
Environmental Protection, dated February 9, 2018, to address the Clean
Air Act (CAA) infrastructure requirements for the 2012 PM2.5
NAAQS. This submittal satisfies requirements of CAA sections
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M),
with the exception of PSD-related requirements of (C), (D), and (J).
Approval includes interstate transport requirements. EPA approved the
submittal on June 24, 2019.
Sec. 52.1132 Control strategy: Carbon Monoxide.
(a) Approval--On November 13, 1992, the Massachusetts Department of
Environmental Protection submitted a revision to the carbon monoxide
State Implementation Plan for the 1990 base year emission inventory. The
inventory was submitted by the State of Massachusetts to satisfy Federal
requirements under section 182(a)(1) of the Clean Air Act as amended in
1990, as a revision to the carbon monoxide State Implementation Plan.
(b) Approval--On December 12, 1994, the Massachusetts Department of
Environmental Protection submitted a request to redesignate the Boston
Area carbon monoxide nonattainment area to attainment for carbon
monoxide. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act,
[[Page 108]]
as amended in 1990. Elements of the section 175A maintenance plan
include a base year (1993 attainment year) emission inventory for carbon
monoxide, a demonstration of maintenance of the carbon monoxide NAAQS
with projected emission inventories to the year 2010 for carbon
monoxide, a plan to verify continued attainment, a contingency plan, and
an obligation to submit a subsequent maintenance plan revision in 8
years as required by the Clean Air Act. If the area records a violation
of the carbon monoxide NAAQS (which must be confirmed by the State),
Massachusetts will implement one or more appropriate contingency
measure(s) which are contained in the contingency plan. The menu of
contingency measures includes an enhanced motor vehicle inspection and
maintenance program and implementation of the oxygenated fuels program.
The redesignation request and maintenance plan meet the redesignation
requirements in sections 107(d)(3)(E) and 175A of the Act as amended in
1990, respectively. The redesignation meets the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the
Massachusetts Carbon Monoxide State Implementation Plan for the above
mentioned area.
(c) Approval--On May 25, 2001, the Massachusetts Department of
Environmental Protection submitted a revision to the carbon monoxide
State Implementation Plan for the 1996 base year emission inventory. The
inventory was submitted by the State of Massachusetts to satisfy Federal
requirements under section 172(c) of the Clean Air Act as amended in
1990, as a revision to the carbon monoxide State Implementation Plan.
(d) Approval--On May 25, 2001, the Massachusetts Department of
Environmental Protection (MADEP) submitted a request to redesignate the
cities of Lowell, Springfield, Waltham, and Worcester from nonattainment
area to attainment for carbon monoxide. As part of the redesignation
request, the State submitted a maintenance plan as required by 175A of
the Clean Air Act, as amended in 1990. Elements of the section 175A
maintenance plan include a 1996 emission inventory for carbon monoxide,
a demonstration of maintenance of the carbon monoxide NAAQS with
projected emission inventories to the year 2012 for carbon monoxide, a
plan to verify continued attainment, a contingency plan, and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If an area records an exceedance or
violation of the carbon monoxide NAAQS (which must be confirmed by the
MADEP), Massachusetts will implement one or more appropriate contingency
measure(s) which are contained in the contingency plan. The
redesignation request and maintenance plan meet the redesignation
requirements in sections 107(d)(3)(E) and 175A of the Act as amended in
1990, respectively.
(e) Approval--On April 14, 2010, the Massachusetts Department of
Environmental Protection submitted a modification to the Lowell
maintenance plan approved in paragraph (c) of this section.
Massachusetts will not conduct CO monitoring in Lowell, but instead
commits to continue to collect and review CO monitoring data from nearby
Worcester, MA on an on-going basis. In the event the second highest CO
concentration in any calendar year monitored in Worcester reaches 75
percent of the federal 1-hour or 8-hour national ambient air quality
standard for CO, Massachusetts will, within 9 months of recording such
concentrations, re-establish a CO monitoring site in Lowell consistent
with EPA citing criteria, and resume analyzing and reporting those data.
Massachusetts commits to implement its contingency program in Lowell in
the event that a CO violation is monitored at the re-established Lowell
monitoring site at any time during the maintenance period. If the
Worcester CO monitor measures a violation of either the federal 1-hour
or 8-hour NAAQS for CO, contingency measures will be implemented in
Lowell as well, until a re-established CO monitor in Lowell shows that
the area is in attainment of the CO standard.
[61 FR 2923, Jan. 30, 1996, as amended at 67 FR 7278, Feb. 19, 2002; 76
FR 27910, May 13, 2011]
[[Page 109]]
Sec. 52.1133 [Reserved]
Sec. 52.1134 Regulation limiting on-street parking by commuters.
(a) On-street parking means parking a motor vehicle on any street,
highway, or roadway, except for legal stops within designated loading
zones or areas defined for loading purposes, at or before intersections,
as caution, safety and emergencies require, whether or not a person
remains in the vehicle.
(b) Commencing on or before June 30, 1974, the Commonwealth, the
City of Boston, the City of Cambridge, and administrative bodies of any
of them having jurisdiction over any streets, highways, or roadways
within the City of Cambridge or Boston proper, and the principal
officials and administrative bodies thereof having responsibility over
parking on such streets, highways, or roadways, shall adopt all
necessary administrative and enforcement procedures and regulations to
effect a prohibition of on-street parking within Boston proper between
the hours of 7 a.m. and 9:30 a.m., and within the City of Cambridge
between the hours of 7 a.m. and 10 a.m., except Saturdays, Sundays and
legal holidays. The regulations shall state that violation of the
prohibition shall be punishable by a fine of not less than $15. The City
of Boston shall at a minimum eliminate 50 percent of on-street parking
during the hours specified by January 1, 1976; 66\2/3\ percent by
September 1, 1976; and 100 percent by March 1, 1977. The City of
Cambridge shall at a minimum eliminate 33\1/3\ percent of on-street
parking during the hours specified by September 30, 1974; 66\2/3\
percent by July 1, 1975; and 100 percent by March 1, 1977. Any other
affected entity shall at a minimum eliminate 33\1/3\ percent of such
parking during the hours of 7 a.m. to 10 a.m. by January 1, 1976; 66\2/
3\ percent by September 1, 1976, and 100 percent by March 1, 1977.
(c) The following classes of vehicles shall be exempt from the
requirements of this section, provided that on-street parking by such
vehicles is in compliance with local and state regulations:
(1) Vehicles owned by residents of that portion of Boston included
within Boston proper that are registered in Boston and display a
resident parking sticker for that area issued by the City of Boston;
(2) Vehicles owned by residents of Cambridge that are registered in
and parked within Cambridge and display an appropriate parking sticker
issued by the City of Cambridge;
(3) Vehicles owned and operated by handicapped persons with HP
license plates; and
(4) Vehicles registered as ``commercial vehicles'' by the
Commonwealth and displaying appropriate license plates.
(d) On or before June 30, 1974, no owner or operator of a motor
vehicle shall park, or permit the on-street parking of, said vehicle
within Cambridge or Boston proper except in conformity with the
provisions of this section and the measures implementing it.
(e) The Governor and the chief executive of any other governmental
entity on which obligations are imposed by paragraph (b) of this section
should, on or before April 15, 1974, submit to the Regional
Administrator for his approval a detailed statement of the legal and
administrative steps selected to effect the prohibition provided for in
paragraphs (b) and (d) of this section, and a schedule of implementation
consistent with the requirements of this section. Such schedule shall
include as a minimum the following:
(1) Designation of one or more agencies responsible for the
administration and enforcement of the program;
(2) The procedures by which the designated agency will enforce the
prohibition provided for in paragraphs (b) and (d) of this section;
(3) The procedures by which vehicles exempt from the requirements of
this section will be marked; and
(4) A map showing which streets will be subject to the ban according
to the schedule of implementation.
(f) Upon a finding that substantial hardship would otherwise be
experienced by employees of employment facilities located in Cambridge,
the Director of Traffic and Parking of the City of Cambridge may issue
special parking stickers to such employees which shall entitle vehicles
to park during the hours of the ban. Such stickers shall be valid only
for those streets and areas of streets clearly
[[Page 110]]
identified on the face of such stickers, shall be issued with preference
being given to carpools and vanpools and shall be subject to immediate
revocation if the vehicle is cited for a parking violation on a street
or area other than those designated. A list of all persons receiving
such stickers shall be sent to the Regional Administrator on or before
July 1 of each year.
(g) The ban shall not apply to any street space which is subject to
metered parking with a maximum allowable time limit of one hour.
[40 FR 25162, June 12, 1975]
Sec. 52.1135 Regulation for parking freeze.
(a) Definitions:
(1) The phrase to commence construction means to engage in a
continuous program of on-site construction including site clearance,
grading, dredging, or land filling specifically designed for a parking
facility in preparation for the fabrication, erection, or installation
of the building components of the facility. For the purpose of this
paragraph, interruptions resulting from acts of God, strikes,
litigation, or other matters beyond the control of the owner shall be
disregarded in determining whether a construction or modification
program is continuous.
(2) The phrase to commence modification means to engage in a
continuous program of on-site modification including site clearance,
grading, dredging, or land filling in preparation for a specific
modification of the parking facility.
(3) The phrase commercial parking space means a space used for
parking a vehicle in a commercial parking facility.
(4) [Reserved]
(5) Commercial parking facility (also called facility) means any
lot, garage, building or structure, or combination or portion thereof,
on or in which motor vehicles are temporarily parked for a fee,
excluding (i) a parking facility, the use of which is limited
exclusively to residents (and guests of residents) of a residential
building or group of buildings under common control, and (ii) parking on
public streets.
(6) Freeze means to maintain at all times after October 15, 1973,
the total quantity of commercial parking spaces available for use at the
same amounts as were available for use prior to said date; Provided,
That such quantity may be increased by spaces the construction of which
commenced prior to October 15, 1973, or as specifically permitted by
paragraphs (n), (p) and (q) of this section; provided further that such
additional spaces do not result in an increase of more than 10 percent
in the total commercial parking spaces available for use on October 15,
1973, in any municipality within the freeze area or at Logan
International Airport (``Logan Airport''). For purposes of the last
clause of the previous sentence, the 10 percent limit shall apply to
each municipality and Logan Airport separately.
(b) [Reserved]
(c) There is hereby established a freeze, as defined by paragraph
(a)(6) of this section, on the availability of commercial parking
facilities in the freeze area effective October 15, 1973. In the event
construction in any municipality, commenced prior to October 15, 1973,
results in a number of spaces which exceeds the 10 percent limit
prescribed by paragraph (a)(6) of this section, then the Governor shall
immediately take all necessary steps to assure that the available
commercial spaces within such municipality shall be reduced to comply
with the freeze. In the event that such limit is exceeded at Logan
Airport, then the provisions of paragraph (m) of this section shall
apply.
(d) [Reserved]
(e) After August 15, 1973, no person shall commence construction of
any commercial parking facility or modification of any such existing
facility in the freeze area unless and until he has obtained from the
Governor or from an agency approved by the Governor a permit stating
that construction or modification of such facility will be in compliance
with the parking freeze established by paragraph (c) of this section.
This paragraph shall not apply to any proposed parking facility for
which a general construction contract was finally executed by all
appropriate parties on or before August 15, 1973.
(f) The Governor shall notify the Regional Administrator in writing
within
[[Page 111]]
10 days of approval of any agency pursuant to paragraph (e) of this
section. In order for any agency to be approved by the Governor for
purposes of issuing permits pursuant to paragraph (e) of this section,
such agency shall demonstrate to the satisfaction of the Governor that:
(1) Requirements for permit application and issuance have been
established. Such requirements shall include but not be limited to a
condition that before a permit may be issued the following findings of
fact or factually supported projections must be made:
(i) The location of the facility; and
(ii) The total motor vehicle capacity before and after the proposed
construction or modification of the facility.
(2) Criteria for issuance of permits have been established and
published. Such criteria shall include, but not be limited to:
(i) Full consideration of all facts contained in the application.
(ii) Provisions that no permit will be issued if construction or
modification of the facility will not comply with the requirements of
paragraph (c) of this section.
(3) Agency procedures provide that no permit for the construction or
modification of a facility covered by this section shall be issued
without notice and opportunity for public hearing. The public hearing
may be of a legislative type; the notice shall conform to the
requirements of 40 CFR 51.4(b); and the agency rules or procedures may
provide that if no notice of intent to participate in the hearing is
received from any member of the public (other than the applicant) prior
to 7 days before the scheduled hearing date, no hearing need be held. If
notice of intent to participate is required, the fact shall be noted
prominently in the required hearing notice.
(g)-(l) [Reserved]
(m) On or before January 30, 1975, the Massachusetts Port Authority
(``Massport'') shall prepare and submit to the Governor for his approval
a plan showing the manner in which the number of commercial parking
spaces at Logan Airport which exceeds the number of such spaces
permitted under the freeze shall be removed from use. The Governor shall
approve such plan if he determines that (1) implementation of such plan
would result in reducing the aggregate number of commercial parking
spaces to the level of such spaces permitted by this section, (2)
Massport has adequate legal authority to implement such plan and (3)
adequate commitments have been made by Massport to assure the Governor
that such plan will be fully implemented and maintained on and after May
1, 1976. In the event that the Governor does not approve such plan by
April 1, 1976, then the owner or operator of each commercial parking
facility located at Logan Airport shall, on or before July 1, 1976,
reduce the number of commercial parking spaces available for use at each
such facility by an amount which bears the same proportion to the number
of spaces exceeding the limit imposed by this section as the number of
spaces available at such facility bears the total number of such spaces
which were available for use at Logan Airport on April 1, 1976.
(n) Where an agency approved by the Governor under paragraph (e) of
this section to issue permits for new construction in the City of
Cambridge demonstrates to the satisfaction of the Governor that (1)
specific on-street parking spaces in use as of October 15, 1973, were
being legally and regularly used as of such date for parking by
commuters (as that term is defined in Sec. 52.1161(a)(6)) who are not
residents of Cambridge and that (2) effective measures have been
implemented (including adequate enforcement) to prevent such spaces from
being used by such commuters, then such approved agency may issue
permits for construction of additional new commercial parking spaces
equal to one-half of the number of spaces removed from regular use by
such commuters and the total quantity of commercial parking spaces
allowable in Cambridge under this section shall be raised accordingly.
(o) On or before July 31, 1976, and on or before each succeeding
July 31, the Governor and the chief executive officer of any agency
approved by the Governor under paragraph (e) of this section shall
submit a report to the Regional Administrator setting forth:
(1) The names and addresses of all persons who received permits
during
[[Page 112]]
the previous twelve-month period ending June 30 and number of spaces
allocated to each such person;
(2) The number of commercial parking spaces available for use as of
the June 30 prior to the date of the report;
(3) The number of commercial parking spaces which remain available
for allocation by the Governor or such agency as of the June 30 prior to
the date of the report, including those spaces made available because of
retirement of existing commercial parking spaces as well as those spaces
made available because of the effects of paragraphs (n), (p) and (q) of
this section; and
(4) The location and capacity of any park-and-ride facility
designated under paragraph (p) of this section.
(p) The Governor and any approved agency may issue a permit to
construct a commercial parking facility which is designated by the
Governor as a park-and-ride facility to be operated in conjunction with
mass transit service without regard to the limitations on number of
spaces imposed by this section.
(q) Where an agency approved by the Governor can demonstrate to the
satisfaction of the Governor that there have been physically eliminated
through permanent modification or demolition any legal on-street parking
spaces within a municipality then such agency may issue permits for
construction within that municipality of additional new commercial
parking spaces equal to the number of spaces thus eliminated and the
total quantity of commercial parking spaces allowable for such
municipality under this section shall be increased accordingly.
(r) The provisions of this regulation shall cease to be effective as
to that portion of the freeze area lying within the City of Boston and
not included within Boston proper or Logan Airport at such time as the
City of Boston implements a program, approved by the Governor, which
shall include effective measures to control the construction of
additional commercial parking spaces within that area, including
procedures for issuance of conditional use permits under applicable
zoning regulations and for assuring compliance with all air quality
requirements under state and Federal law.
[40 FR 25162, June 12, 1975, as amended at 40 FR 39863, Aug. 29, 1975]
Sec. Sec. 52.1136-52.1144 [Reserved]
Sec. 52.1145 Regulation on organic solvent use.
(a) Definitions:
(1) Organic solvents include diluents and thinners and are defined
as organic materials which are liquids at standard conditions and which
are used as dissolvers, viscosity reducers, or cleaning agents, except
that such materials which exhibit a boiling point higher than 220
[deg]F. at 0.5 millimeters of mercury absolute pressure or having an
equivalent vapor pressure shall not be considered to be solvents unless
exposed to temperatures exceeding 220 [deg]F.
(2) Solvent of high photochemical reactivity means any solvent with
an aggregate of more than 20 percent of its total volume composed of the
chemical compounds classified below or which exceeds any of the
following individual percentage composition limitations in reference to
the total volume of solvent:
(i) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cycloolefinic type of
unsaturation: 5 percent;
(ii) A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethylbenzene: 8 percent;
(iii) A combination of ethylbenzene, ketones having branched
hydrocarbon structures, trichloroethylene or toluene: 20 percent.
Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of the
above groups of organic compounds, it shall be considered as a member of
the most reactive chemical group, that is, that group having the least
allowable percentage of total volume of solvents.
(3) Organic materials are chemical compounds of carbon excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides,
metallic carbonates, and ammonium carbonate.
[[Page 113]]
(b) This section is applicable throughout the Boston Intrastate
Region. The requirements of this section shall be in effect in
accordance with Sec. 52.1147.
(c) No person shall cause, allow, suffer, or permit the discharge
into the atmosphere of more than 15 pounds of organic materials in any 1
day, nor more than 3 pounds of organic materials in any 1 hour, from any
article, machine, equipment, or other contrivance, in which any organic
solvent or any material containing organic solvent comes into contact
with flame or is baked, heat-cured, or heat-polymerized, in the presence
of oxygen, unless said discharge has been reduced as a result of the
installation of abatement controls by at least 85 percent. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or wire
that emit organic materials and use operations described in this section
shall be collectively subject to compliance with this section.
(d) No person shall cause, suffer, allow, or permit the discharge
into the atmosphere of more than 40 pounds of organic materials in any 1
day, nor more than 8 pounds in any 1 hour, from any article, machine,
equipment, or other contrivance used under conditions other than
described in paragraph (c) of this section for employing, or applying
any solvent of high photochemical reactivity or material containing such
photochemically reactive solvent, unless said discharge has been reduced
as a result of the installation of abatement controls by at least 85
percent. Emissions of organic materials into the atmosphere resulting
from air or heated drying of products for the first 12 hours after their
removal from any article, machine, equipment or other contrivance
described in this section shall be included in determining compliance
with this section. Emissions resulting from baking, heat-curing, or
heat-polymerizing as described in paragraph (c) of this section shall be
excluded from determination of compliance with this section. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or wire
that emit organic materials and use operations described in this section
shall be collectively subject to compliance with this section.
(e) Emissions of organic materials to the atmosphere from the clean-
up with a solvent of high photochemical reactivity, or any article,
machine, equipment, or other contrivance described in paragraph (c) or
(d) of this section or in this paragraph, shall be included with the
other emissions of organic materials from that article, machine,
equipment or other contrivance for determining compliance with this
section.
(f) No person shall cause, suffer, allow, or permit during any one
day disposal of a total of more than 1.5 gallons of any solvent of high
photochemical reactivity, or of any material containing more than 1.5
gallons of any such photochemically reactive solvent by any means that
will permit the evaporation of such solvent into the atmosphere.
(g) Emissions of organic materials into the atmosphere required to
be controlled by paragraph (c) or (d) of this section shall be reduced
by:
(1) Incineration, provided that 90 percent or more of the carbon in
the organic material being incinerated is converted to carbon dioxide,
or
(2) Adsorption, or
(3) The use of other abatement control equipment determined by the
Regional Administrator to be no less effective than either of the above
methods.
(h) A person incinerating, adsorbing, or otherwise processing
organic materials pursuant to this section shall provide, properly
install and maintain in calibration, in good working order, and in
operation, devices as specified in the authority to construct, or as
specified by the Regional Administrator, for indicating temperatures,
pressures, rates of flow, or other operating conditions necessary to
determine the degree and effectiveness of air pollution control.
(i) Any person using organic solvents or any materials containing
organic solvents shall supply the Regional Administrator upon request
and in the manner and form prescribed by him, written evidence of the
chemical composition, physical properties, and
[[Page 114]]
amount consumed for each organic solvent used.
(j) The provisions of this rule shall not apply to:
(1) The manufacture of organic solvents, or the transport or storage
of organic solvents or materials containing organic solvents.
(2) The spraying or other use of insecticides, pesticides, or
herbicides.
(3) The employment, application, evaporation, or drying of saturated
halogenated hydrocarbons or perchloroethylene.
(4) The use of any material, in any article, machine, equipment or
other contrivance described in paragraph (c), (d), or (e) of this
section if:
(i) The volatile content of such material consists only of water,
and organic solvents;
(ii) The organic solvents comprise not more than 30 percent by
volume of said volatile content;
(iii) The volatile content is not a solvent of high photochemical
reactivity as defined in paragraph (a) of this section; and
(iv) The organic solvent or any material containing organic solvent
does not come into contact with flame. This last stipulation applies
only for those articles, machines, equipment or other contrivances that
are constructed or modified after November 8, 1973.
(5) The use of any material, in any article, machine, equipment or
other contrivance described in paragraph (c), (d), or (e) of this
section if:
(i) The organic solvent content of such material does not exceed 30
percent by volume of said material;
(ii) The volatile content is not a solvent of high photochemical
reactivity; and
(iii) [Reserved]
(iv) The organic solvent or any material containing organic solvent
does not come into contact with flame. This last stipulation applies
only for those articles, machines, equipment or other contrivances that
are constructed or modified after November 8, 1973.
(6) [Reserved]
(7) An article, machine, equipment or other contrivance described in
paragraph (c), (d) or (e) of this section used exclusively for chemical
or physical analyses or determination of product quality and commercial
acceptance provided that--
(i) The exemption is approved in writing by the Regional
Administrator;
(ii) The operator of said article, machine, equipment or contrivance
is not an integral part of the production process; and
(iii) The emissions from said article, machine, equipment or other
contrivance do not exceed 800 lbs. in any calendar month.
(8) Sources subject to the provisions of Massachusetts Regulation
310 CMR 7.18 which has been federally approved.
(k) [Reserved]
(l) All determinations of emission rates shall be conducted in a
manner approved in writing by the Regional Administrator.
[40 FR 25165, June 12, 1975, as amended at 47 FR 28373, June 30, 1982]
Sec. 52.1146 [Reserved]
Sec. 52.1147 Federal compliance schedules.
(a) Except as provided in paragraph (c) of this section, the owner
or operator of a source subject to regulation under paragraph (c)(1) of
Sec. 52.1144 and Sec. 52.1145 shall comply with the increments of
progress contained in the following schedule:
(1) Final control plans for emission control systems or process
modifications must be submitted on or before June 1, 1974, for sources
subject to Sec. 52.1144(c)(1) and on or before May 1, 1974 for sources
subject to Sec. 52.1145.
(2) Contracts for emission control systems or process modifications
must be awarded or orders must be issued for the purchase of component
parts to accomplish emission control or process modifications on or
before March 1, 1975, for sources subject to Sec. 52.1144(c)(1) and on
or before July 1, 1974, for sources subject to Sec. 52.1145.
(3) Initiation of on-site construction or installation of emission
control equipment or process modification must begin on or before May 1,
1975, for sources subject to Sec. 52.1144(c)(1) and on or before August
15, 1974, for sources subject to Sec. 52.1145.
(4) On-site construction or installation of emission control
equipment or
[[Page 115]]
process modification must be completed prior to April 15, 1975, except
for purposes of paragraph (c)(1) of Sec. 52.1144, the applicable date
shall be February 1, 1976.
(5) Final compliance is to be achieved prior to May 31, 1975, except
for sources subject to paragraph (c)(1) of Sec. 52.1144 of this
subpart. Final compliance for sources subject to paragraph (c)(1) of
Sec. 52.1144 is to be achieved by June 1, 1976.
(i) Facilities subject to paragraph (c)(1)(iii) of Sec. 52.1144 of
this subpart which have a daily throughput of 20,000 gallons of gasoline
or less are required to have a vapor recovery system in operation no
later than May 31, 1977. Delivery vessels and storage containers served
exclusively by facilities required to have a vapor recovery system in
operation no later than May 31, 1977, also are required to meet the
provisions of this section no later than May 31, 1977.
(6) Any owner or operator of stationary sources subject to
compliance schedule in this paragraph shall certify to the Administrator
within 5 days after the deadline for each increment of progress, whether
or not the required increment of progress has been met.
(7) Any gasoline dispensing facility subject to paragraph (c)(1) of
Sec. 52.1144 which installs a storage tank after October 15, 1973,
shall comply with such paragraph by March 1, 1976. Any facility subject
to such paragraph which installs a storage tank after March 1, 1976
shall comply with such paragraph at the time of installation.
(b) Except as provided in paragraph (d) of this section, the owner
or operator of a source subject to paragraph (d)(1) of Sec. 52.1144
shall comply with the increments of progress contained in the following
compliance schedule:
(1) Final control plans for emission control systems or process
modifications must be submitted prior to January 1, 1975.
(2) Contracts for emission control systems or process modifications
must be awarded or orders must be issued for the purchase of component
parts to accomplish emission control or process modification prior to
March 1, 1975.
(3) Initiation of on-site construction or installation of emission
control equipment or process modification must begin not later than May
1, 1975.
(4) On-site construction or installation of emission control
equipment or process modification must be completed prior to May 1,
1977.
(5) Federal compliance is to be achieved prior to May 31, 1977.
(6) Any owner or operator of stationary sources subject to the
compliance schedule in this paragraph shall certify to the
Administrator, within 5 days after the deadline for each increment of
progress, whether or not the required increment of progress has been
met.
(7) Any gasoline dispensing facility subject to paragraph (d)(1) of
Sec. 52.1144 which installs a gasoline dispensing system after the
effective date of this regulation shall comply with the requirements of
such paragraph by May 31, 1977. Any facility subject to such paragraph
which installs a gasoline dispensing system after May 31, 1977, shall
comply with such paragraph at the time of installation.
(c) Paragraph (a) of this section shall not apply:
(1) To a source which is presently in compliance with all
requirements of paragraph (c)(1) of Sec. 52.1144 and Sec. 52.1145 and
which has certified such compliance to the Administrator by June 1,
1974. The Administrator may request whatever supporting information he
considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
Commonwealth and approved by the Administrator.
(3) To a source subject to Sec. 52.1144(c)(1) whose owner or
operator submits to the Administrator by June 1, 1974, a proposed
alternative compliance schedule. No such schedule may provide for
compliance after March 1, 1976. If promulgated by the Administrator,
such schedule shall satisfy the requirements of this paragraph for the
affected source.
(4) To a source subject to Sec. 52.1145 whose owner or operator
submits to the Administrator by May 1, 1974, a proposed alternative
compliance schedule. No such schedule may provide for
[[Page 116]]
compliance after May 31, 1975. If promulgated by the Administrator, such
schedule shall satisfy the requirements of this paragraph for the
affected source.
(d) Paragraph (b) of this section shall not apply:
(1) To a source which is presently in compliance with paragraph
(d)(1) of Sec. 52.1144 and which has certified such compliance to the
Administrator by January 1, 1975. The Administrator may request whatever
supporting information he considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Administrator
by June 1, 1974, a proposed alternative schedule. No such schedule may
provide for compliance after May 31, 1977. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
(e) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (a) or (b) of this section fails
to satisfy and requirements of 40 CFR 51.15 (b) and (c).
[38 FR 30970, Nov. 8, 1973]
Editorial Note: For Federal Register citations affecting Sec.
52.1147, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. Sec. 52.1148-52.1158 [Reserved]
Sec. 52.1159 Enhanced Motor Vehicle Inspection and Maintenance.
(a) Revisions submitted by the Massachusetts Department of
Environmental Protection on October 20, 2000, to the motor vehicle
inspection and maintenance program are approved:
(1) Letter from the Massachusetts Department of Environmental
Protection dated October 20, 2000 submitting a revision to the
Massachusetts State Implementation Plan.
(2) Document entitled ``Quality Assurance and Quality Control Plan
For the Massachusetts Enhanced Emissions and Safety Inspection
Program,'' dated October 16, 2000.
(3) Document entitled ``Program Evaluation Plans For the Enhanced
Inspection and Maintenance Program,'' dated October 2000, and supporting
contracts.
[65 FR 69257, Nov. 16, 2000]
Sec. 52.1160 [Reserved]
Sec. 52.1161 Incentives for reduction in single-passenger
commuter vehicle use.
(a) Definitions:
(1) Employer means any person or entity which employs 50 or more
employees at any time during a calendar year at an employment facility
located in the Boston Intrastate Region.
(2) Educational institution means any person or entity which has 250
or more employees and students at any time during the academic year at
an educational facility offering secondary level or higher training
including vocational training located in the Boston Intrastate Region.
(3) Employee means any person who performs work for an employer
thirty-five or more hours per week and for more than twenty weeks per
year for compensation and who travels to and from work by any mode of
travel.
(4) Student means any full-time day student who does not live at the
educational institution and who travels to and from classes by any mode
of travel.
(5) Affected facility means any employment facility at which 50 or
more persons are employees or any educational facility at which 250 or
more persons are students and employees.
(6) Commuter means both an employee and a student.
(7) Single-passenger commuter vehicle means a motor-driven vehicle
with four or more wheels with capacity for a driver plus one or more
passengers which is used by a commuter traveling alone to work or
classes and is not customarily required to be used in the course of his
employment or studies.
(8) Base date means the date set forth in paragraph (d) of this
section as of
[[Page 117]]
which the base number of single-passenger commuter vehicles at a
particular employment facility or educational institution must be
determined.
(9) The Secretary means the Secretary of Transportation and
Construction of the Commonwealth of Massachusetts.
(b) Commencing with the effective date of this section, each
employer and educational institution (except as provided below) shall
diligently and expeditiously implement and thereafter continuously
maintain the following mandatory measures which are designed to achieve
a goal of reducing the number of single-passenger commuter vehicles
customarily commuting daily to each affected facility as of its base
date by 25 percent (or as adjusted pursuant to paragraph (g) of this
section):
(1) Making available to commuters any pass program offered by the
Massachusetts Bay Transportation Authority, if any commuter to the
facility uses the mass transit facilities of such Authority as part of
his daily commuting trip, including making all administrative
arrangements for commuters to purchase the pass and thereby participate
in the pass program and encouraging commuters to participate by such
means as publicizing the availability of the pass program and the cost
advantages thereof.
(2)-(8) [Reserved]
[40 FR 25166, June 12, 1975, as amended at 47 FR 28373, June 30, 1982;
41 FR 10223, Mar. 10, 1976]
Sec. 52.1162 Regulation for bicycle use.
(a) Definitions:
(1) Bicycle means a two-wheel nonmotor-powered vehicle.
(2) Bike path means a route for the exclusive use of bicycles
separated by grade or other physical barrier from motor traffic.
(3) Bike lane means a street lane restricted to bicycles and so
designated by means of painted lanes, pavement coloring or other
appropriate markings. A peak hour bike lane means a bike lane effective
only during times of heaviest auto commuter traffic.
(4) Bike route means a route in which bicycles share road space with
motorized vehicles.
(5) Bikeway means bike paths, bike lanes and bike routes.
(6) Bicycle parking facility means any facility for the temporary
storage of bicycles which allows the frame and both wheels of the
bicycle to be locked so as to minimize the risk of theft and vandalism.
(7) Parking facility means a lot, garage, building, or portion
thereof in or of which motor vehicles are temporarily parked.
(8) Parking space means the area allocated by a parking facility for
the temporary storage of one automobile.
(9) MBTA means the Massachusetts Bay Transportation Authority.
(b) Application. This section shall be applicable in the Boston
Intrastate Region.
(c) Study. The Commonwealth, according to the schedule set forth in
paragraph (d) of this section, shall conduct a comprehensive study of,
and in that study recommend, the establishment of permanent bikeways and
related facilities within the area described in paragraph (b) of this
section. The study shall consider or include at least the following
elements:
(1) The physical design for bikeways, intersections involving
bikeways, and means of bicycle link-ups with other modes of
transportation;
(2) The location of bikeways, including ascertaining high accident
or pollution areas and developing means of avoiding or ameliorating
those situations as well as means of providing intersection safety
generally;
(3) The location of bicycle parking facilities, including bus stops;
(4) The rules of the road for bicyclists, and to the extent that
present rules must be modified because of bikeways, new rules of the
road for motorists. Also the feasibility of mandatory adult bicycle
registration to minimize theft and increase recovery of stolen bicycles;
(5) Bicycle safety education for bicyclists, motorists, children,
students, street maintenance personnel and policemen, including
requiring bicycle safety principles and safe street riding skills to be
taught in high school automobile driver(s) education programs;
[[Page 118]]
(6) Methods for publicizing bicycles or bicycles plus mass transit
as alternatives to automobile transportation, including the preparation,
perhaps in conjunction with bicentennial efforts, of a master Boston
area transit map, indicating the kind, extent and location of bicycle
facilities, public baths, showers, toilet facilities, water fountains,
as well as routes and stops for MBTA, common carriers and private bus
lines, such map to be distributed by the Registry of Motor Vehicles with
each automobile new registration and automobile registration renewal;
(7) Requiring or providing incentives for common carriers and mass
transit carriers, especially the Blue Line of the MBTA, to provide
bicycle parking facilities at their respective terminals and stations
and bicycle carrying facilities on their respective vehicles;
(8) The creation of roadway zones in which all vehicles, except mass
transit, emergency and service vehicles, and bicycles, would be
excluded;
(9) Requiring or providing incentives for office buildings and
employers to install and to provide free shower and locker facilities
for cyclists;
(10) A bicycle user and potential user survey, which shall at a
minimum determine:
(i) For present bicycle riders, the origin, destination, frequency,
travel time, distance and purpose of bicycle trips;
(ii) In high density employment areas, the present modes of
transportation of employees and the potential modes of transportation,
including the numbers of employees who would use a bicycle for a
significant portion of their commuting transportation were suitable
facilities available to them. This section of the study shall seek to
ascertain the size of the working population that would move from
automobiles to mass transit and bicycles or bicycles alone as a
significant form of transportation. It shall also seek to ascertain what
bicycle facilities or mix thereof would produce the greatest conversion
from auto use;
(11) The special problems related to the design and incorporation in
the bikeway facilities described in paragraph (f) of this section of
feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA
and railroad stations, feeder bikeways to fringe parking areas, and
bicycle passage through rotaries and squares;
(12) The conversion of railroad beds, power lines, flood control
channels or similar corridors to bikepaths;
(13) Removing barriers to employees bringing their bicycles into
their offices;
(14) Removal or alteration of drain grates with bars so placed as to
catch bicycle wheels;
(15) Bicycle rentals at appropriate locations; and
(16) The feasibility of constructing bikeways along at least each of
the corridors set forth in paragraph (g) of this section.
In conducting the study, opportunity shall be given for public comments
and suggestions. Input shall also be solicited from state, regional and
local planning staffs, state, regional and local agencies, bicycle
organizations and other interested groups and be related to
comprehensive transportation planning for the area designated in
paragraph (b) of this section. The study shall, using as a goal a
minimum of 180 miles of bikeways, examine as large a network of
facilities as is practicable within the area described in paragraph (b)
of this section and shall recommend physical designs for said
facilities. The study shall also propose a compliance schedule for
establishing any recommended permanent bicycle facilities.
(d) The Commonwealth of Massachusetts shall submit to the Regional
Administrator no later than October 1, 1975, a detailed compliance
schedule showing the steps that will be taken to carry out the study
required by paragraph (c) of this section. The compliance schedule shall
at a minimum include:
(1) Designation of the agency responsible for conducting the study;
(2) A date for initiation of the study, which date shall be no later
than October 1, 1975; and
(3) A date for completion of the study, and submittal thereof to the
Administrator, which date shall be no later than June 30, 1976.
(e) On or before September 1, 1976, the Administrator shall publish
in the
[[Page 119]]
Federal Register his response to the study required by paragraph (c) of
this section, and shall, in that response, either approve the facility
location and designs and other requirements as well as the proposed
compliance schedule for permanent facilities recommended in the study,
or shall designate alternative and/or additional facility locations and
designs and other requirements as well as modify the proposed compliance
schedule for permanent facilities. The Administrator may provide, if he
deems it necessary, for a public comment period prior to the effective
date of his response.
(f) Permanent bicycle facilities. At the conclusion of the study
required by paragraph (c) of this section and the Administrator's
response thereto, the Commonwealth shall, together with the
municipalities and other authorities having jurisdiction over affected
roadways and areas establish permanent bicycle facilities as required by
the Administrator's response to the study.
(g) The potential bikeway corridors to be studied pursuant to
paragraph (c)(16) are as follows:
(1) Central Square, Cambridge to Boston University;
(2) Harvard Square, Cambridge to Union Square, Allston;
(3) Union Square, Somerville to Central Square, Cambridge;
(4) Union Square, Allston to Government Center;
(5) Harvard Square, Cambridge to Government Center;
(6) Brookline Village to Government Center;
(7) Boston University to Longwood Avenue Hospital Zone;
(8) Egleston Square to Government Center;
(9) Columbus Park to Boston Common;
(10) L Street Beach to Government Center;
(11) Powder House Circle, Somerville to Harvard Square;
(12) Everett to Government Center;
(13) Porter Square, Cambridge to Columbus Park, Boston;
(14) Cleveland Circle to Government Center;
(15) Porter Square, Cambridge to Government Center;
(16) Harvard Square, Cambridge to Boston City Hospital; and
(17) Charlestown, Longfellow, Harvard, Boston University, River
Street, Western Avenue, Anderson, Summer Street, and Broadway Bridges.
(h) The MBTA shall provide bicycle parking facilities at each major
MBTA station adequate to meet the needs of MBTA riders within the area
designated in paragraph (b) of this section. Said parking facilities
shall at a minimum be located at:
(1) All stations of the Riverside portion of the Green Line;
(2) Reasonably spaced stops on other portions of the Green Line;
(3) All stations of the Red, Orange, and Blue Lines; and shall have
spaces for at least six bicycles per station, except for facilities at
terminal stations which shall have spaces for at least 24 bicycles.
(i) The Commonwealth shall provide for advertisement of bikeways and
bicycle parking facilities in use within the area designated in
paragraph (b) of this section to potential users by means of media
advertisement, the distribution and posting of bikeway maps and bike
safety information, as well as for a program of bicycle safety education
including the motor vehicle operators license examination and public
service advertisement.
[40 FR 25168, June 12, 1975]
Sec. 52.1163 Additional control measures for East Boston.
(a) On or before December 31, 1975, the Governor, the Mayor of the
City of Boston, the Chairman of the Massachusetts Bay Transportation
Authority, the Chairman of the Massachusetts Turnpike Authority and the
Chairman of the Massachusetts Port Authority (``Massport'') shall each
submit to the Regional Administrator a study or studies of various
alternative strategies to minimize the number of vehicle trips to and
from Logan International Airport (``Logan Airport'') and to reduce the
amount of carbon monoxide in the vicinity of the Callahan and Sumner
Tunnels to a level consistent with the national primary ambient air
quality standards. These studies may be
[[Page 120]]
combined into one or more joint studies. These studies shall contain
recommendations for control measures to be implemented prior to May 31,
1977. Measures to be studied shall include but need not be limited to,
the following:
(1) Incentives and programs for reductions in the use of single-
passenger vehicles through the Callahan and Sumner Tunnels;
(2) Alterations in traffic patterns in the tunnel area;
(3) Use of exclusive lanes for buses, carpools, taxis and limousines
during peak travel hours;
(4) Reduction of parking spaces at Logan Airport and increased
parking charges at remaining spaces;
(5) Construction of satellite terminal facilities for Logan Airport;
(6) Use of alternate modes of transportation for trips to and from
Logan Airport, and establishment of facilities at Logan Airport to
accommodate such modes;
(7) Improved transit service between the Blue Line subway stop and
airline terminals at Logan Airport; and
(8) Any other measures which would be likely to contribute to
achieving the required reductions.
(b) Massport shall monitor the number of vehicles entering and
leaving Logan Airport so as to provide the Secretary of Transportation
for the Commonwealth (the ``Secretary'') with reports on a semi-annual
basis, beginning on January 30, 1976, showing total vehicle trips per
day for the six-month period ending on the previous December 31 or June
30, presented and tabulated in a manner prescribed by the Secretary.
(c) Massport shall, on or before June 30, 1976, prepare and submit
to the Secretary draft legislation which, if enacted into law, would
alleviate local licensing problems of bus and limousine companies in
order to facilitate increased and improved bus and limousine service for
travelers using Logan Airport.
(d) Massport shall negotiate with the Massachusetts Bay
Transportation Authority to increase the convenience of the mass transit
services currently available to travelers to Logan Airport.
(e) Massport shall, on or before June 30, 1976, establish and
maintain a program (which shall include the enclosure of this
information in tickets or folders mailed by airlines using Logan
Airport) to publicize the advantages in costs and convenience of the use
of mass transit or other available transportation services by travelers
using the airport, and making known to such persons the schedules,
routes, connections, and other information necessary for them to
conveniently use mass transit and such other services.
(f) Massport shall, on or before October 15, 1975, establish a
carpool program at Logan Airport, which shall include the elements
specified in paragraphs (b)(7) (A) through (C) of Sec. 52.1161. For the
purpose of applying the requirements of Sec. 52.1161 to the present
paragraph:
(1) The definitions in Sec. 52.1161 shall apply;
(2) Each employer with any employment facility at Logan Airport
shall cooperate with Massport in the development and implementation of
the program;
(3) Any such employer (including Massport) may fulfill its
obligations under paragraph (b)(7) of Sec. 52.1161 by fully cooperating
with and participating in the Logan Airport carpool program (including
bearing its proportional share of the program's cost); and
(g) Massport shall, on or before October 15, 1975, implement a
program of systematic dissemination to employers and employees at Logan
Airport of information regarding the Massachusetts Bay Transportation
Authority pass program, bus and train schedules and rates, park-and-ride
facilities, and other transportation programs and services available to
employees at Logan Airport.
(h) Massport shall, on or before January 1, 1976, implement and
maintain a program to allow all employees at Logan Airport, regardless
of the size of the particular employment facility at which they work, to
participate in any available pass program made available by the
Massachusetts Bay Transportation Authority, including the use of
Massport as a central clearinghouse for the purpose of aggregating
employees
[[Page 121]]
and for fiscal management of such pass program.
[40 FR 25169, June 12, 1975]
Sec. 52.1164 Localized high concentrations--carbon monoxide.
(a) Not later than October 1, 1975, the Commonwealth shall have
developed and have begun to implement a program to identify urban and
suburban core areas and roadway/intersection complexes within the Boston
Intrastate Region which violate the national ambient air quality
standards for carbon monoxide. Once such localized areas have been
identified, the Commonwealth, in cooperation with the affected local
municipalities, shall develop and implement appropriate control
strategies to insure that such air quality standards will be achieved at
such areas. Plans shall be developed to include provisions for the
entire municipality in order to insure that the implemented strategies
will not create carbon monoxide violations elsewhere in the vicinity
after the measures have been applied.
(b) To accomplish the requirements of paragraph (a) of this section,
the Commonwealth shall do the following:
(1) Identify areas of potentially high carbon monoxide
concentrations by reviewing all available traffic data, physical site
data and air quality and meteorological data for all major intersections
and roadway complexes within the Region. The Regional Administrator will
provide general guidance on area designations to assist in the initial
identification process.
(2) Areas identified under paragraph (b)(1) of this section shall be
studied in further detail, including meteorological modeling, traffic
flow monitoring, air quality monitoring and other measures necessary to
accurately quantify the extent and actual levels of carbon monoxide in
the area. A report containing the results of these analyses and
identifying such areas shall be submitted to the Regional Administrator
no later than March 1, 1976.
(3) If, after the completion of actions required by paragraph (b)(2)
of this section, an area shows or is predicted to have violations of the
carbon monoxide standard, the Commonwealth, in cooperation with the
affected municipality, shall submit a plan to the Regional Administrator
containing measures to regulate traffic and parking so as to reduce
carbon monoxide emissions to achieve air quality standards in the area.
Such plan shall include: the name of the agency responsible for
implementing the plan, all technical data and analyses supporting the
conclusions of the plan, all control strategies adopted as part of the
plan, and other such information relating to the proposed program as may
be required by the Regional Administrator. The Regional Administrator
shall provide general guidance on applicable control strategies and
reporting formats to assist in plan development and submittal. Such a
plan shall be submitted for each municipality which contains one or more
identified areas no later than October 1, 1975 for Waltham and October
1, 1976, for other areas.
(4) All measures called for in the plan submitted under paragraph
(b)(3) of this section shall be subject to the approval of the Regional
Administrator and shall be implemented by May 31, 1977.
(c) The Commonwealth shall annually review the effectiveness of the
control strategies developed pursuant to this section and modify them as
necessary to insure that such carbon monoxide standards will be attained
and maintained. The results of this review and any changes in the
measures which the Commonwealth recommends as a result thereof shall be
reported to the Regional Administrator annually as required under Sec.
52.1160.
(d) Prior to submitting any plan to the Regional Administrator under
paragraph (b)(3), the Commonwealth shall give prominent public notice of
the general recommendations of such plan, shall make such plan available
to the public for at least 30 days and permit any affected public agency
or member of the public to comment in writing on such plan. The
Commonwealth shall give the Regional Administrator timely notice of any
public hearing to be held on such plan and shall make all comments
received available to the Regional Administrator for inspection and
copying.
[40 FR 25170, June 12, 1975]
[[Page 122]]
Sec. 52.1165 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan does not include approvable procedures
for preventing the significant deterioration of air quality.
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are
hereby incorporated and made a part of the applicable State plan for the
State of Massachusetts.
[43 FR 26410, June 19, 1978, as amended at 68 FR 11323, Mar. 10, 2003;
68 FR 74489, Dec. 24, 2003]
Sec. 52.1166 Original identification of plan.
(a) This section identifies the original ``Air Implementation Plan
for the State of Massachusetts'' and all revisions submitted by
Massachusetts that were federally approved prior to January 20, 2017.
(b) The plan was officially submitted on January 27, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Emergency episode regulations submitted on February 22, 1972, by
the Bureau of Air Quality Control, Massachusetts Department of Public
Health.
(2) Miscellaneous non-regulatory changes to the plan, wording
changes in regulations 2.5 and 2.1 and clarification of Regulations
2.5.1 through 2.5.4 submitted on April 27, 1972, by the Division of
Environmental Health, Massachusetts Department of Public Health.
(3) Miscellaneous non-regulatory additions to the plan submitted on
May 5, 1972, by the Bureau of Air Quality Control, Massachusetts
Department of Public Health.
(4) Miscellaneous changes affecting regulations 2.1, 2.5, 4.2,
4.5.1, 5.6.1, 6.1.2, 6.3.1, 8.1.6, 9.1, 15.1, 51.2, 52.1 and 52.2 of the
regulations for all six Air Pollution Control Districts submitted on
August 28, 1972 by the Governor.
(5) Letter of concurrence on AQMA identifications submitted on July
23, 1974, by the Governor.
(6) Revision to Regulation No. 5, increasing allowable sulfur
content of fuels in the Boston Air Pollution Control District submitted
on July 11, 1975, by the Secretary of Environmental Affairs, and on
April 1, 1977 and April 20, 1978 by the Commissioner of the
Massachusetts Department of Environmental Quality Engineering.
(7) Revision to Regulation 50--Variances, Regulations for Control of
Air Pollution in the six Massachusetts Air Pollution Control Districts,
submitted by letter dated November 14, 1974, by the Governor.
(8) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for
the Merrimack Valley Air Pollution Control District submitted on January
28, 1976 by the Secretary of Environmental Affairs and on August 22,
1977 by the Commissioner of the Department of Environmental Quality
Engineering, and additional technical information pertinent to the
Haverhill Paperboard Corp., Haverhill, Mass., submitted on December 30,
1976 by the Secretary of Environmental Affairs.
(9) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for
the Pioneer Valley Air Pollution Control District submitted on July 22,
1976 by the Secretary of Environmental Affairs and on August 22, 1977 by
the Commissioner of the Department of Environmental Quality Engineering,
and additional technical information pertinent to Deerfield Specialty
Papers, Inc., Monroe, Mass., submitted on December 27, 1977 by the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering.
(10) Regulation 5.1, Sulfur Content of Fuels and Control Thereof,
for the Central Massachusetts Air Pollution Control District submitted
on June 25, 1976 by the Secretary of Environmental Affairs and on August
22, 1977 by the Commissioner of the Department of Environmental Quality
Engineering.
(11) Regulation 5.1, Sulfur Content of Fuels and Control Thereof,
for the Central Massachusetts Air Pollution Control District (revised
and adopted by the Massachusetts Department of Environmental Quality
Engineering on March 29, 1976, with specificprovisions for the City of
Fitchburg) submitted on June 25, 1976, by the Secretary of Environmental
Affairs.
(12) A revision to Regulation 5.1, Sulfur Content of Fuels and
Control
[[Page 123]]
Thereof, for the Southeastern Massachusetts Air Pollution Control
District, submitted on December 30, 1976 by the Secretary of
Environmental Affairs and on January 31, 1978 by the Commissioner of the
Massachusetts Department of Environmental Quality Engineering.
(13) A revision to Regulation 5.1, Sulfur Content of Fuels and
Control Thereof, for the Berkshire Air Pollution Control District,
submitted by the Commissioner of the Massachusetts Department of
Environmental Quality Engineering on April 14, 1977, and additional
technical information submitted on August 11, 1978, pertaining to the
Schweitzer Division, Kimberly-Clark Corporation, Columbia Mill, Lee, and
on August 31, 1978, pertaining to Crane and Company, Inc., Dalton.
(14) Revisions to ``Regulations for the Prevention and/or Abatement
of Air Pollution Episode and Air Pollution Incident Emergencies,''
submitted on September 15, 1976 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(15) A revision to Regulation 2.5, Compliance with Emission
Limitations, and to Regulation 16, Reduction of Single Passenger
Commuter Vehicle Use, for the Pioneer Valley Air Pollution Control
District, submitted on May 20, 1977, by the Acting Commissioner of the
Executive Office of Environmental Affairs, Department of Environmental
Quality Engineering.
(16) Revision to regulation 7 and regulation 9, submitted on
December 9, 1977, by the Commissioner of the Massachusetts Department of
Environmental Quality and Engineering.
(17) Revision to Regulations 310 CMR 7.05, Sulfur-in-Fuel, and 310
CMR 7.06, Visible Emissions, allowing burning of a coal-oil slurry at
New England Power Company, Salem Harbor Station, Massachusetts,
submitted on July 5, 1978 by the Commissioner, Massachusetts Department
of Environmental Quality Engineering and an extension to 310 CMR 7.06,
Visible Emissions, submitted on December 28, 1979.
(18) Revision to Regulation 7.02(11) (formerly Regulation 2.5.3)--
Emission Limitation to Incinerators, submitted February 1, 1978 by the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering.
(19) The addition of Regulation 7.17, for the Southeastern
Massachusetts Air Pollution Control District, Coal Conversion--Brayton
Point Station, New England Power Company, submitted by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering on
September 7, 1978. Compliance with this revision shall be determined by
methods consistent with New Source Performance Standards, proposed Test
Method 19, as stated in a letter dated February 8, 1979 from Kenneth
Hagg of the Massachusetts Department of Environmental Quality
Engineering to Frank Ciavattieri of the Environmental Protection Agency.
(20) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control
Thereof'' and a revision for the Metropolitan Boston APCD, and Merrimack
Valley APCD submitted on December 28, 1978, by the Commissioner of the
Massachusetts Department of Environmental Quality Engineering.
(21) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control
Thereof'' and a revision to Regulation 310 CMR 7.05(4) ``Ash Content of
Fuels'' for the Pioneer Valley Air Pollution Control District, submitted
on January 3, 1979 by the Acting Com0missioner of the Massachusetts
Department of Environmental Quality Engineering.
(22) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control
Thereof'' for the Southeastern Massachusetts APCD, submitted on January
31, 1979 by the Commissioner of the Massachusetts Department of
Environmental Quality Engineering.
(23) A revision to Regulation 310 CMR 7.05(4) ``Ash Content of
Fuels'' for the Metropolitan Boston Air Pollution Control District,
submitted on July 20, 1978 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
[[Page 124]]
(24) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control
Thereof'' for the Central Massachusetts APCD, submitted on March 2, 1979
by the Commissioner of the Massachusetts Department of Environmental
Quality Engineering, and a revision removing the seasonal restriction in
Fitchburg for Fitchburg Paper Company (55 meter stacks only) and James
River-Massachusetts submitted on September 28, 1979 by the Commissioner.
(25) On March 30, 1979 and on April 23, 1979 the Commissioner of the
Massachusetts Department of Environmental Quality Engineering submitted
the non-attainment area plan for Total Suspended Particulates (TSP) in
Worcester, miscellaneous statewide regulation changes, and an extension
request for the attainment of TSP secondary standards for areas
designated non-attainment as of March 3, 1978.
(26) On May 3, 1979, August 7, 1979, and April 17, 1980, the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering submitted a revision entitled ``Massachusetts Implementation
Plan, Amended Regulation--All Districts, New Source Review Element,''
relating to construction and operation of major new or modified sources
in non-attainment areas.
(27) Revisions to Regulation 310 CMR 7.07, Open Burning, submitted
on September 28, 1979 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(28) Revision to the state ozone standard and adoption of an ambient
lead standard was submitted by Thomas F. McLoughlin, Acting Commissioner
of the Department of Environmental Quality Engineering on August 21,
1979.
(29) A revision varying the provisions of Regulation 310 CMR
7.04(5), Fuel Oil Viscosity, for Cambridge Electric Light Company's
Kendall Station, First Street, Cambridge, and Blackstone Station,
Blackstone Street, Cambridge, submitted on December 28, 1978 by the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering.
(30) Attainment plans to meet the requirements of Part D for carbon
monoxide and ozone and other miscellaneous provisions were submitted by
the Governor of Massachusetts on December 31, 1978 and on May 16, 1979
by the Acting Commissioner of the Department of Environmental Quality
Engineering. Supplemental information was submitted on September 19,
November 13 and December 7, 1979; and March 20 and April 7, 1980 by
DEQE.
(31) A temporary variance to the Provisions of Regulation 310 CMR
7.05, Sulfur Content of Fuels and Control Thereof, for Seaman Paper
Company, Otter River. Submitted on March 20, 1980 by the Commissioner of
the Massachusetts Department of Environmental Quality Engineering.
(32) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and
Control Thereof'' for the Metropolitan Boston APCD submitted on November
27, 1979 by the Commissioner of the Department of Environmental Quality
Engineering.
(33) A revision to Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) ``Sulfur Content of Fuels and Control Thereof'' for the Pioneer
Valley Air Pollution Control District submitted by the Commissioner of
the Massachusetts Department of Environmental Quality Engineering on
March 2, 1979 and May 5, 1981.
(34) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and
Control Thereof'' for the Metropolitan Boston APCD submitted on April
25, 1980 by the Commissioner of the Department of Environmental Quality
Engineering.
(35) On January 5, 1981, the Acting Director of the Division of Air
Quality Control, Massachusetts Department of Environmental Quality
Engineering submitted a revision entitled ``Appendix J Transportation
Project Level Guidelines'' relating to policy guidance on the
preparation of air quality analysis for transportation projects.
(36) A comprehensive air quality monitoring plan, intended to meet
requirements of 40 CFR part 58, was submitted by the Commissioner of the
Department of Environmental Quality Engineering on January 28, 1980.
[[Page 125]]
(37) A revision submitted by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering on September 12, 1980
adding a new regulation 310 CMR 7.19 ``Interim Sulfur-in-Fuel
Limitations for Fossil Fuel Utilization Facilities Pending Conversion to
an Alternate Fuel or Implementation of Permanent Energy Conservation
Measures.''
(38) A variance of Regulation 310 CMR 7.05(1)(d)(2) ``Sulfur Control
of Fuels and Control Thereof'' for the Metropolitan Boston Air Pollution
Control District, submitted on November 25, 1980, by the Commissioner of
the Massachusetts Department of Environmental Quality Engineering.
(39) Revisions to meet the requirements of Part D and certain other
sections of the Clean Air Act, as amended, for making a commitment to
public transportation in the Boston urban region which were submitted on
July 9, 1981 and on July 30, 1981.
(40) Regulations 310 CMR (14), (15), and (16), for paper, fabric,
and vinyl surface coaters to meet the requirements of Part D for ozone
were submitted by the Governor of Massachusetts on March 6, 1981.
(41) A revision to Regulation 7.05(1)(c) ``Sulfur Content of Fuels
Control Thereof for the Merrimack Valley Air Pollution Control
District'' allowing the burning of higher sulfur content fuel oil at
Haverhill Paperboard Corporation, Haverhill.
(42) Regulation 310 CMR 7.18(2)(b), to allow existing surface
coating lines regulated under 310 CMR 7.18 (4), (5), (6), (7), (10),
(11), (12), (14), (15) and (16) to bubble emissions to meet the
requirements of Part D for ozone was submitted by the Governor on March
6, 1981, and a letter clarifying state procedures was submitted on
November 12, 1981. The emission limitations required by the federally-
approved portion of 310 CMR 7.18 are the applicable requirements of the
Massachusetts SIP for the purpose of section 113 of the Clean Air Act
and shall be enforceable by EPA and by citizens in the same manner as
other requirements of the SIP; except that emission limitations adopted
by the state under and which comply with 310 CMR 7.18(2)(b) and the
procedures set out in the letter of November 12, 1981 shall be the
applicable requirements of the Massachusetts SIP in lieu of those
contained elsewhere in 310 CMR 7.18 and shall be enforceable by EPA and
by citizens.
(43) A revision to Regulation 7.05(1)(d) ``Sulfur Content of Fuels
and Control Thereof for the Metropolitan Boston Air Pollution Control
District'' allowing the burning of higher sulfur content fuel oil at
Eastman Gelatine Corporation, Peabody, submitted on September 24, 1981
by the Commissioner of the Massachusetts Department of Environmental
Quality Engineering.
(44) The Massachusetts Department of Environmental Quality
Engineering submitted an updated VOC emissions inventory on September 3,
1981, and the procedures to annually update this inventory on November
4, 1981.
(45) A revision to Regulation 7.05(1)(e) ``Sulfur Content of Fuels
and Control Thereof for the Pioneer Valley Air Pollution Control
District'' allowing the burning of higher sulfur content fuel oil at the
Holyoke Gas and Electric Department, Holyoke.
(46) A revision submitted on December 29, 1981 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing the burning of higher sulfur content fuel oil at the ATF
Davidson Company, Northbridge, until December 1, 1983.
(47) Regulation 310 CMR 7.18(10) for metal coil coating was
submitted on June 24, 1980 by the Commissioner of the Department of
Environmental Quality Engineering, in order to meet Part D requirements
for ozone.
(48) Regulations 310 CMR 7.18(11), Surface Coating of Miscellaneous
Metal Parts and Products and (12), Graphic Arts--Rotogravure and
Flexography with test methods; and (13) Perchloroethylene Dry Cleaning
Systems without test methods, were submitted on July 21, 1981 and March
10, 1982 by the Department of Environmental Quality Engineering to meet
Part D requirements for ozone attainment.
(49) A revision to Regulation 7.17 ``Conversions to Coal'' submitted
by the Commissioner of the Massachusetts Department of Environmental
Quality
[[Page 126]]
Engineering on January 22, 1982 specifying the conditions under which
coal may be burned at the Holyoke Water Power Company, Mount Tom Plant,
Holyoke, Massachusetts.
(50) [Reserved]
(51) A revision submitted on September 29, 1982 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing the burning of fuel oil having a sulfur content of 0.55 pounds
per million Btu heat release potential at the Northeast Petroleum
Corporation, Chelsea, Massachusetts.
(52) A revision submitted on September 28, 1982 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing the burning of higher sulfur content fuel oil at the Polaroid
Corporation for a period of up to 30 months commencing on December 1,
1982.
(53)(i) Attainment plans for carbon monoxide and ozone submitted by
the Department of Environmental Quality Engineering on September 9,
November 2 and November 17, 1982; February 2, March 21, April 7, April
26 and May 16, 1983. These revisions amend Regulations 310 CMR 7.18 (3)-
(7), (9)-(16); and add Regulation 310 CMR 7.18(17), 7.20 (1)-(14), and
540 CMR 4.00.
(ii) Regulation 310 CMR 7.18(3) for the surface coating of metal
furniture submitted on September 9, 1982 as part of the attainment plan
identified in Sec. 52.1120(c)(53)(i), is added to the VOC surface
coating bubble Regulation 310 CMR 7.18(2)(b) identified in Sec.
52.1120(c)(42).
(iii) Regulation 310 CMR 7.18(13) for Perchloroethylene Dry Cleaning
systems submitted on September 9, 1982 as part of the attainment plan
identified in section 52.1120(53)(i), is amended by adding EPA test
methods to the no action identified in 52.1120(48).
(54) On February 8, 1983, the Massachusetts Department of
Environmental Quality Engineering submitted a source specific emission
limit in the letter of approval to the Esleeck Manufacturing Company,
Inc., Montague, allowing the Company to burn fuel oil having a maximum
sulfur content of 1.21 pounds per million Btu heat release potential
provided the fuel firing rate does not exceed 137.5 gallons per hour.
(55) A revision to exempt the Berkshire Air Pollution Control
District from Regulation 310 CMR 7.02(12)(b)2 was submitted on March 25,
1983 by Kenneth A. Hagg, Director of the Division of Air Quality Control
of the Department of Environmental Quality Engineering.
(56) A revision to Regulation 310 CMR 7.02(12)(a)1(e) for petroleum
liquid storage in external floating roof tanks submitted on December 2,
1983.
(57) Revisions to the State's narrative, entitled New Source
Regulations on page 117 and 118, the regulatory definitions of BACT,
NSPS and NESHAPS and Regulation 310 CMR 7.02 (2)(a)(6) and 7.02 (13),
submitted by Anthony D. Cortese, Commissioner, in August, 1982 and
received on September 9, 1982.
(58) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 7, 1991,
November 13, 1992 and February 17, 1993.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated June 7, 1991, November 13, 1992 and February 17, 1993
submitting revisions to the Massachusetts State Implementation Plan.
(B) Amendments and additions to 310 CMR 7.00 submitted on June 7,
1991 and effective on April 12, 1991.
(C) Amendments and additions to 310 CMR 7.00 submitted on June 7,
1991 and effective on June 21, 1991.
(D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992
and February 17, 1993 and effective on February 12, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(59) A revision submitted on May 3, 1983, allowing the burning of
2.2% sulfur content fuel oil at the Stanley Woolen Company, a facility
in Uxbridge, Massachusetts for a period of up to 30 months, commencing
on March 23, 1984.
(60) On May 27, 1982 and September 9, 1982 the Commissioner of the
Massachusetts Department of Environmental Quality Engineering submitted
a revised plan for new source review in
[[Page 127]]
nonattainment areas. The submittal included 310 CMR Appendix A,
``Emission Offsets and Nonattainment Review,'' additions to 310 CMR
7.00, ``General Definitions,'' and revisions to 310 CMR 7.02(2)(b)(4)
and 7.02(2)(b)(5), ``Plan Approval and Emission Limitations.''
(61) A revision submitted on October 31, 1983, allowing the burning
of 2.2% sulfur content fuel oil at the Reed and Barton Silversmiths
facility in Taunton, Massachusetts for a period of up to 30 months,
commencing on March 23, 1984.
(62) A revision submitted on November 16, 1983 allowing the burning
of 2.2% sulfur content fuel oil at the ATF Davidson Company in
Northbridge, Massachusetts.
(63) A revision submitted on February 2, 1984, allowing the burning
of 1.0% sulfur content fuel oil at The Biltrite Corporation facility in
Chelsea, Massachusetts for a period of up to 30 months, commencing on
June 15, 1984.
(64) A revision to the Ozone Attainment Plan was submitted by S.
Russell Sylva, Commissioner of the Massachusetts Department of
Environmental Quality Engineering on February 14, and May 22, 1985 to
control emissions from gasoline tank trucks and bulk terminal vapor
recovery systems.
(i) Incorporation by reference.
(A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d),
``Motor Vehicle Fuel Tank Trucks'', adopted December 1984.
(B) The May 22, 1985 letter from Massachusetts DEQE, and the
enforcement manual submitted and adopted on May 22, 1985, including
Method 27, record form, potential leak points, major tank truck leak
sources, test procedure for gasoline vapor leak detection procedure by
combustible gas detector, instruction manual for Sentox 2 and Notice of
Violation.
(65) A temporary variance to 310 CMR 7.05(1)(d)2 of ``Sulfur Content
of Fuels and Control Thereof for Metropolitan Boston Air Pollution
Control District'' submitted on January 6, 1984 to allow for the use of
2.2% sulfur content fuel oil in boiler unit 7 of the Boston Edison
Company Mystic Station facility in Everett for thirty months commencing
on September 25, 1984.
(66) Attainment and maintenance plans for lead, submitted on July 13
and August 17, 1984 by the Department of Environmental Quality
Engineering.
(67) A revision submitted on July 11, 1984 allowing the burning of
2.2% sulfur content fuel oil at the James River Corporation Hyde Park
Mill facility in Boston, Massachusetts for a period of up to 30 months,
commencing on September 25, 1984.
(68) A revision submitted on February 8 and October 23, 1985
allowing the burning of 2.2% sulfur content fuel oil at the Phillips
Academy facility in Andover, Massachusetts for a period of up to 30
months, commencing on April 1, 1986.
(i) Incorporation by reference.
(A) Letter from Richard J. Chalpin, Acting Regional Engineer, to
Phillips Academy, dated December 27, 1984 allowing the temporary use of
less expensive 2.2% sulfur fuel oil (for 30 months from the date of
publication), the savings from which will be used to implement permanent
energy conservation measures to reduce on-site consumption of petroleum
products by at least 50,000 gallons per year (estimated 82,000 gallons
per year). At the end of the temporary use period, Phillips Academy will
return to the use of 1.0% sulfur fuel oil. The particulate emission rate
for the facility will not exceed 0.15 lbs. per million Btu.
(B) These specific requirements of Regulation 310 CMR 7.19 were
agreed to in a Statement of Agreement, signed February 19, 1985.
(C) Memorandum to Donald C. Squires from Bruce K. Maillet dated
October 4, 1985; subject: Response to EPA questions regarding Phillips
Academy, outlines the permanent energy conservation measures to be used.
(69) Revisions to federally approved regulations 310 CMR 7.02(2)(b)
and 310 CMR 7.05(4) were submitted on December 3, 1985, January 31, 1986
and February 11, 1986 by the Department of Environmental Quality
Engineering.
(i) Incorporation by reference.
(A) Regulation 310 CMR 7.02(2)(b), Department of Environmental
Quality Engineering, Air Pollution Control, is
[[Page 128]]
corrected to include the word ``major'' before the word
``modification''.
(B) Regulation 310 CMR 7.05(4), Department of Environmental Quality
Engineering, Air Pollution Control, Ash Content of Fuels.
(ii) Additional materials.
(A) The nonregulatory portions of the state submittals.
(70) A revision submitted on February 19, 1986 allowing the burning
of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mary
Ellen McCormick and Maverick Family Development facilities in Boston,
Massachusetts for a period of up to 30 months, commencing on August 12,
1986.
(i) Incorporation by reference.
(A) Letters dated August 30, 1985 and July 11, 1985 for the Mary
Ellen McCormick and Maverick Family Development Facilities,
respectively, from Richard J. Chalpin, Acting Regional Engineer,
allowing the temporary use of less expensive 2.2% sulfur fuel oil for 30
months from August 12, 1986, the savings from which will be used to
implement permanent energy conservation measures to reduce the on-site
consumption of the petroleum products. At the end of the temporary use
period, the Boston Housing Authority, Mary Ellen McCormick and Maverick
Family Development facilities will return to the use of 0.5% sulfur fuel
oil. The particulate emission rate for these facilities will not exceed
0.12 lbs per million BTU.
(B) Statements of Agreement both signed October 28, 1985 by Doris
Bunte, Administrator of Boston Housing Authority.
(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated
January 9, 1986, subject: Decision Memo.
(71) A revision submitted on May 12, 1986 allowing the burning of
2.2% sulfur content fuel oil at the Boston Housing Authority, Mission
Hill Extension Family Development facility in Boston, Massachusetts for
a period of up to 30 months, commencing on November 25, 1986.
(i) Incorporation by reference.
(A) Letter dated March 5, 1986 for the Mission Hill Extension Family
Development facility, from Richard J. Chalpin, Acting Regional Engineer,
allowing the temporary use of less expensive 2.2% sulfur fuel oil (for
30 months from the date of publication), the savings from which will be
used to implement permanent energy conservation measures to reduce the
on-site consumption of petroleum products. At the end of the temporary
use period, the Boston Housing Authority, Mission Hill Extension Family
Development facility will return to the use of 0.5% sulfur fuel oil. The
particulate emission rate for this facility will not exceed 0.12 lbs per
million Btu.
(B) Statements of Agreement signed April 4, 1986 by Doris Bunte,
Administrator of Boston Housing Authority.
(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated April
18, 1986, subject: Decision Memo.
(72) Revisions involving regulations 310 CMR 7.02(2)(b) 4, 5, and 6;
7.02(12)(b)3; 7.02(12)(d); and 7.14 were submitted on November 21, 1986
and January 15, 1987, by the Department of Environmental Quality
Engineering (DEQE).
(i) Incorporation by reference.
(A) Regulation 310 CMR 7.02(2)(b) 4, 5, and 6 are amended and became
effective on February 6, 1987.
(B) Regulation 310 CMR 7.02(12)(b)3 is deleted and became effective
on February 6, 1987.
(C) Regulation 310 CMR 7.02(12)(d) is amended and became effective
on February 6, 1987.
(D) Regulations 310 CMR 7.14 (2) and (3) are added and became
effective on February 6, 1987.
(E) The Commonwealth of Massachusetts Regulation Filing document
dated January 15, 1987 is provided and states that these regulatory
changes became effective on February 6, 1987.
(ii) Additional materials. The nonregulatory portions of the state
submittals.
(73) Revisions to the State Implementation Plan submitted by the
Commonwealth of Massachusetts on February 21, February 25, and June 23,
1986.
(i) Incorporation by reference.
(A) A letter from the Commonwealth of Massachusetts Department of
Environmental Quality Engineering dated February 21, 1986 and amendments
to 310 CMR 7.00 and 310 CMR 7.18 of the
[[Page 129]]
Regulations for the control of Air Pollution in the Berkshire, Central
Massachusetts, Merrimack Valley, Metropolitan Boston, Pioneer Valley and
Southeastern Massachusetts Air Pollution Control Districts.
(B) A letter from the Commonwealth of Massachusetts Department of
Environmental Quality Engineering (DEQE), dated June 23, 1986 and the
Implementation Guidance, 310 CMR 7.18(18), Polystyrene Resin
Manufacturing, dated February 1986.
(C) A Regulation Filing and Publication document from the
Commonwealth of Massachusetts Department of Environmental Quality
Engineering, dated February 25, 1986.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittals.
(74) Revisions to the State Implementation Plan were submitted by
the Commissioner of the Department of Environmental Quality Engineering
on November 5, 1986 and December 10, 1986.
(i) Incorporation by reference.
(A) Letter dated November 5, 1986 from the Massachusetts Department
of Environmental Quality Engineering (DEQE) submitting revisions to the
State Implementation Plan for EPA approval.
(B) Letter from the Massachusetts DEQE dated December 10, 1986,
which states that the effective date of Regulations 310 CMR 7.00,
``Definitions'' and 310 CMR 7.18(19), ``Synthetic Organic Chemical
Manufacture,'' is November 28, 1986.
(C) Massachusetts' Regulation 310 CMR 7.18(19) entitled, ``Synthetic
Organic Chemical Manufacture,'' and amendments to 310 CMR 7.00,
``Definitions,'' effective in the Commonwealth of Massachusetts on
November 28, 1986.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(75) [Reserved]
(76) Revisions involving regulations 310 CMR 7.18(2)(e) and 7.18(17)
submitted by the Department of Environmental Quality Engineering on
September 20, 1988.
(i) Incorporation by reference.
(A) Amendment to Regulation 310 CMR 7.18(2)(e)--effective July 22,
1988.
(B) Amendments to Regulation 310 CMR 7.18(17)(d)--effective July 22,
1988.
(C) A Regulation Filing and Publication document from the
Commonwealth of Massachusetts Department of Environmental Quality
Engineering dated July 5, 1988 which states that the effective date of
the regulatory amendments to 310 CMR 7.18(2)(e) and 310 CMR 7.18(17)(d),
incorporated above, is July 22, 1988.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(77) Revisions to federally approved regulation 310 CMR 7.05(1)
submitted on July 18, 1984, April 17, 1985, March 16, 1987, and November
25, 1987 by the Department of Environmental Quality Engineering
approving sulfur-in-fuel limitations for the following sources: American
Fiber and finishing Company (formerly known as Kendall Company),
Colrain; Erving Paper company, Erving; and Westfield River Paper
Company, Russell.
(i) Incorporation by reference.
(A) Letters dated October 14, 1987 for the American Fiber and
Finishing Company, Erving Paper Company, and Westfield River Paper
Company facilities from Stephen F. Joyce, Deputy Regional Environmental
Engineer, Department of Environmental Quality Engineering.
(B) Statements of agreement signed November 6, 1987 by Schuyler D.
Bush, Vice President of Erving Paper Company; 1987 by Francis J.
Fitzpatrick, President of Westfield River Paper Company; and November
16, 1987 by Robert Young, Vice President of American Fiber and Finishing
Company.
(78) Revisions to federally approved regulation 310 CMR 7.02(12)
submitted on July 13, 1988, September 15, 1988, and April 12, 1989, by
the Department of Environmental Quality Engineering, limiting the
volatility of gasoline from May 1 through September 15, beginning 1989
and continuing every year thereafter, including any waivers to such
limitations that Massachusetts may grant. In 1989, the control period
will begin on June 30.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.02(12)(e), entitled,
``gasoline Reid Vapor Pressure (RVP),'' and
[[Page 130]]
amendments to 310 CMR 7.00, ``Definitions,'' effective in the
Commonwealth of Massachusetts on May 11, 1988.
(B) Massachusetts Emergency Regulation Amendment to 310 CMR
7.02(12)(e) 2.b entitled ``gasoline Reid Vapor Pressure'' effective in
the Commonwealth of Massachusetts on April 11, 1989, with excerpt from
the Manual for Promulgating Regulations, Office of the Secretary of
State.
(79) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 4, 1988
and July 16, 1989 which define and impose reasonably available control
technology to control volatile organic compound emissions from Monsanto
Chemical Company in Indian Orchard, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 18, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A final RACT Compliance Plan Conditional Approval issued to
Monsanto Chemical Company by the Massachusetts Department of
Environmental Protection, dated and effective June 20, 1989.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(80) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 18, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 18, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Amendments to the Conditional Plan Approval dated and effective
July 12, 1989 and the Conditional Plan Approval dated and effective
October 7, 1985 imposing reasonably available control technology on
Spalding Sports Worldwide in Chicopee, Massachusetts.
(81) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Quality Engineering on July
18, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Quality Engineering dated July 18, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) RACT Approval Addendum for Cranston Print Works Company, Webster
Division Facility in Webster, Massachusetts dated and effective June 20,
1989.
(ii) Additional materials. Nonregulatory portions of the State
submittal.
(82) Revision to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection August 8, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 8, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Amended Conditional Plan Approval (SM-85-168-IF) dated and
effective August 1, 1989 and an Amendment to the Amended Conditional
Plan Approval (SM-85-168-IF Revision) dated and effective August 8, 1989
imposing reasonably available control technology on Duro Textile
Printers, Incorporated in Fall River, Massachusetts.
(83) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 24, 1989
and October 16, 1989 regulating gasoline volatility.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated October 16, 1989 and a revision to the Massachusetts
State Implementation Plan containing revised Massachusetts gasoline Reid
Vapor Pressure regulation 310 CMR 7.24(5)(b)2, effective September 15,
1989.
(84) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 27, 1982,
June 22, 1987, and December 27, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 27, 1982, submitting a revision to the
Massachusetts State Implementation Plan.
[[Page 131]]
(B) Amendments to 310 CMR 7.00, ``Definitions'' effective in the
Commonwealth of Massachusetts on June 18, 1982 which add the definitions
of the terms ``stationary source'' and ``building, structure, facility,
or installation.''
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated June 22, 1987 certifying that it did not rely on a dual
definition in its attainment demonstration.
(B) Letter from the Massachusetts Department of Environmental
Protection dated December 27, 1989 submitting additional assurances that
it is making reasonable efforts to develop a complete and approve SIP.
(C) Nonregulatory portions of the submittal.
(85) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 28,
1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 28, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A Plan Approval 4P89005 Correction dated and effective November
17, 1989 and the Amended Plan Approval, 4P89005 dated and effective
October 19, 1989 imposing reasonably available control technology on
Boston Whaler Inc., in Norwell, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(86) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 28,
1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 28, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A Plan Approval 4P89006 Correction dated and effective November
17, 1989 and the Amended Plan Approval (4P89006) dated and effective
October 19, 1989 imposing reasonably available control technology on
Boston Whaler Inc. in Rockland, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(87) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 20,
1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 20, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) 2nd Amendment to the Final Approval/RACT Approval for the
Philips Lighting Company dated November 2, 1989.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(88) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 13, 1990.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated June 13, 1990 submitting a revision to the
Massachusetts State Implementation Plan.
(B) An Amended Plan Approval dated and effective June 1, 1990
imposing reasonably available control technology on Acushnet Company,
Titleist Golf Division, Plant A in New Bedford, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(89) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 9, 1990.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 9, 1990 submitting a revision to the Massachusetts
State Implementation Plan.
(B) An Amended Plan Approval dated and effective June 8, 1990
imposing reasonably available control technology on General Motors
Corporation in Framingham, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(90) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental
[[Page 132]]
Protection on October 25, 1990 which define and impose RACT to control
volatile organic compound emissions from Erving Paper Mills in Erving,
Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated October 25, 1990 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A conditional final plan approval issued by the Massachusetts
Department of Environmental Protection to Erving Paper Mills dated and
effective October 16, 1990.
(91) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on April 22, 1991
which clarify the requirements of RACT to control volatile organic
compound emissions from Erving Paper Mills in Erving, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated April 22, 1991 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A conditional final plan approval amendment issued by the
Massachusetts Department of Environmental Protection to Erving Paper
Mills dated and effective April 16, 1991. This amended conditional plan
approval amends the October 16, 1990 conditional plan approval
incorporated at paragraph (c)(90) of this section.
(92) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 17, 1989,
June 7, 1991 and December 17, 1991.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated August 17, 1989 and June 7, 1991 submitting a revision
to the Massachusetts State Implementation Plan.
(B) Portions of regulation 310 CMR 7.18(7) for automobile surface
coating as submitted on August 17, 1989 effective in the Commonwealth of
Massachusetts on September 15, 1989.
(C) Portions of regulation 310 CMR 7.18(7) for automobile surface
coating as submitted on June 7, 1991 effective in the Commonwealth of
Massachusetts on June 21, 1991.
(ii) Additional materials.
(A) A letter dated December 17, 1991 from the Massachusetts
Department of Environmental Protection withdrawing the emission limit
for the Primer-surfacer application from the June 7, 1991 submittal.
(B) Nonregulatory portions of state submittal.
(93) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 27, 1982,
June 27, 1984, March 6, 1985, April 12, 1985, August 17, 1989, June 7,
1991 and December 17, 1991.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated August 27, 1982, April 12, 1985, August 17, 1989, and
June 7, 1991, submitting revisions to the Massachusetts State
Implementation Plan.
(B) Amendment to 310 CMR 7.18(2)(b) submitted on August 27, 1982 and
effective on September 16, 1982.
(C) Addition of 310 CMR 7.00: Appendix B submitted on April 12, 1985
and effective on September 30, 1984.
(D) Amendments to portions of 310 CMR 7.00 submitted on August 17,
1989 and effective September 15, 1989.
(E) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991
and effective on April 12, 1991.
(F) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991
and effective on June 21, 1991.
(ii) Additional materials.
(A) A letter from the Massachusetts Department of Environmental
Quality Engineering dated June 27, 1984 submitting 310 CMR 7.00:
Appendix B.
(B) A letter from the Massachusetts Department of Environmental
Quality Engineering dated March 6, 1985 submitting additional
information on 310 CMR 7.00: Appendix B and referencing 310 CMR
7.18(2)(b).
(C) A letter dated December 17, 1991 from the Massachusetts
Department of Environmental Protection withdrawing the emission limit
for the Primer-surfacer application in 310 CMR 7.18(7)(b) from the June
7, 1991 submittal.
(D) Nonregulatory portions of state submittal.
[[Page 133]]
(94) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 4, 1989,
December 6, 1989 and March 23, 1990.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 4, 1989, December 6, 1989 and March 23, 1990
submitting a revision to the Massachusetts State Implementation Plan.
(B) Massachusetts' Air Pollution Control Regulations 310 CMR 7.30
(excluding 310 CMR 7.30(8)(a)), and 310 CMR 7.31 entitled, ``MB
Massport/Logan Airport Parking Freeze'' and ``MB City of Boston/East
Boston Parking Freeze'' respectively, effective in the State of
Massachusetts on 11/24/89, and technical amendments to that regulation
submitted by the Massachusetts Department of Environmental Protection on
March 23, 1990, effective 3/30/90.
(ii) Additional materials.
(A) Appendix 5D, Baseline and Future Case CO Compliance Modeling,
dated June 1986.
(B) Policy Statement Regarding the Proposed Amendment to the Logan
Airport Parking Freeze, dated November 14, 1988.
(95) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection of May 15, 1991.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated May 15, 1992 submitting a revision to the Massachusetts
State Implementation Plan.
(B) Final Plan Approval No. 4P89051, dated and effective May 13,
1991 imposing reasonably available control technology on Dartmouth
Finishing Corporation, New Bedford, Massachusetts.
(96) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 30,
1991.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated January 30, 1991 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution
Control District,'' and amendment to 310 CMR 7.00, entitled
``Definitions,'' effective in the Commonwealth of Massachusetts on
January 18, 1991.
(97) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on May 17, 1990,
July 5, 1990, June 7, 1991, and April 21, 1992.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection, dated May 17, 1990 and June 7, 1991, submitting a revision
to the Massachusetts State Implementation Plan.
(B) Definition of ``motor vehicle fuel,'' ``motor vehicle fuel
dispensing facility,'' ``substantial modification,'' and ``vapor
collection and control system,'' added to 310 CMR 7.00 and effective in
the Commonwealth of Massachusetts on October 27, 1989.
(C) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the Commonwealth of Massachusetts on October 27, 1989.
(D) Amendments to 310 CMR 7.24(6)(b) ``Dispensing of Motor Vehicle
Fuel'' and to the definition of ``substantial modification'' in 310 CMR
7.00, effective in the Commonwealth of Massachusetts on June 21, 1991.
(E) Amendment to the definition of ``motor vehicle fuel dispensing
facility'' in 310 CMR 7.00, effective in the Commonwealth of
Massachusetts on April 12, 1991.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated July 5, 1990, requesting the withdrawal of amendments
to subsection 310 CMR 7.24(2)(c) which require Stage I vapor recovery in
Berkshire County from the SIP revision package submitted on May 17,
1990.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated April 21, 1992, submitting an implementation policy
statement regarding its Stage II program. This policy statement
addresses the installation of California Air Resources Board (CARB)
certified systems, Stage II
[[Page 134]]
testing procedures, and defects in State II equipment.
(C) Nonregulatory portions of the submittal.
(98) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 13,
1992, January 15, 1993, and February 17, 1993.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated November 13, 1992, January 15, 1993, and February 17,
1993, submitting a revision to the Massachusetts State Implementation
Plan.
(B) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the State of Massachusetts on February 12, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(99) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 3, 1990
and August 26, 1992 which define and impose reasonably available control
technology to control volatile organic compound emissions from S. Bent &
Brothers in Gardner, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 26, 1992 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Air Quality Approval RACT issued to S. Bent by the
Massachusetts Department of Environmental Protection dated and effective
May 22, 1992.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 3, 1990 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Air Quality Approval RACT issued to S. Bent by the
Massachusetts Department of Environmental Protection dated and effective
October 17, 1990.
(C) Nonregulatory portions of the November 3, 1990 and August 26,
1992 state submittals.
(100) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 19, 1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 19, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Plan approval no. C-P-93-011, effective June 30, 1993, which
contains emissions standards, operating conditions, and recordkeeping
requirements applicable to Nichols & Stone Company in Gardner,
Massachusetts.
(ii) Additional materials.
(A) Letter dated October 27, 1993 from Massachusetts Department of
Environmental Protection submitting certification of a public hearing.
(101) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 9,
1991.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 9, 1991 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Massachusetts Regulation 310 CMR 7.36, entitled ``Transit System
Improvements'', Massachusetts Regulation 310 CMR 7.37, entitled ``High
Occupancy Vehicle Facilities'', and amendments to 310 CMR 7.00, entitled
``Definitions,'' effective in the Commonwealth of Massachusetts on
December 6, 1991.
(102) [Reserved]
(103) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 15,
1993 and May 11, 1994, substituting the California Low Emission Vehicle
program for the Clean Fuel Fleet program.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated November 15, 1993 and May 11, 1994, submitting a
revision to the Massachusetts State Implementation Plan which
substitutes the California Low Emission Vehicle program for the Clean
Fuel Fleet program.
(B) A regulation dated and effective January 31, 1992, entitled ``U
Low Emission Vehicle Program'', 310 CMR 7.40.
[[Page 135]]
(C) Additional definitions to 310 CMR 7.00 ``Definitions'' (dated
and effective 1/31/92) to carry out the requirements set forth in 310
CMR 7.40.
(ii) Additional materials.
(A) Additional nonregulatory portions of the submittal.
(104) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 31, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated March 31, 1994 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Plan Approval No. 4P92012, dated and effective March 16,
1994 imposing reasonably available control technology on Brittany Dyeing
and Finishing of New Bedford, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(105) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 6, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated June 6, 1994 submitting a revision to the Massachusetts
State Implementation Plan.
(B) 310 CMR 7.02(12) ``U Restricted Emission Status'' effective in
the Commonwealth of Massachusetts on February 25, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(106) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 28, 1990,
September 30, 1992, and July 15, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated June 28, 1990, submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated September 30, 1992, submitting a revision to the
Massachusetts State Implementation Plan.
(C) Letter from the Massachusetts Department of Environmental
Protection, dated July 15, 1994, submitting a revision to the
Massachusetts State Implementation Plan.
(D) Regulation 310 CMR 7.12 entitled ``Inspection Certification
Record Keeping and Reporting'' which became effective on July 1, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of submittal.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated December 30, 1994, assuring EPA that the data elements
noted in EPA's December 13, 1994 letter were being incorporated into the
source registration forms used by Massachusetts emission statement
program.
(ii) Additional materials.
(A) Nonregulatory portions of submittal.
(107) Massachusetts submitted the Oxygenated Gasoline Program on
October 29, 1993. This submittal satisfies the requirements of section
211(m) of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Letter dated October 29, 1993 which included the oxygenated
gasoline program, amendments to the Massachusetts Air Pollution Control
Regulations, 310 CMR 7.00, with an effective date of March 1, 1994,
requesting that the submittal be approved and adopted as part of
Massachusetts' SIP.
(ii) Additional materials.
(A) The Technical Support Document for the Redesignation of the
Boston Area as Attainment for Carbon Monoxide submitted on December 12,
1994.
(108) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 9, 1995.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated January 9, 1995 submitting a revision to the
Massachusetts State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the Commonwealth of Massachusetts effective on November
18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U Best
Available
[[Page 136]]
Controls for Consumer and Commercial Products.
(109) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 9, 1995.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated January 9, 1995, submitting a revision to the
Massachusetts State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the Commonwealth of Massachusetts effective on December
16, 1994: 310 Code of Massachusetts Regulations Section 7.18(28)
Automotive Refinishing.
(110) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 29, 1995.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated March 29, 1995 submitting a revision to the
Massachusetts State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the Commonwealth of Massachusetts effective on January 27,
1995: 310 Code of Massachusetts Regulations Section 7.18(29), Bakeries.
(111) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 30, 1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 30, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Massachusetts Air Pollution Control Regulation 310 CMR 7.33,
entitled ``City of Boston/South Boston Parking Freeze,'' and the
following amendments to 310 CMR 7.00, entitled ``Definitions,'' which
consist of adding or amending four definitions; motor vehicle parking
space; off-peak parking spaces; remote parking spaces; and restricted
use parking, effective in the Commonwealth of Massachusetts on April 9,
1993.
(112) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 9,
1994, and April 14, 1995, concerning emissions banking, trading, and
averaging.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated February 9, 1994, and March 29, 1995, submitting
revisions to the Massachusetts State Implementation Plan.
(B) Regulations 310 CMR 7.00 Appendix B(1); 310 CMR 7.00 Appendix
B(2); 310 CMR 7.00 Appendix B(3), except 310 CMR 7.00 Appendix
B(3)(e)5.h; and, 310 CMR 7.00 Appendix B(5); effective on January 1,
1994. Also, regulations 310 CMR 7.00 Appendix B(4); 310 CMR 7.00
Appendix B(6); 310 CMR 7.18(2)(b); 310 CMR 7.19(2)(d); 310 CMR
7.19(2)(g); and, 310 CMR 7.19(14); effective on January 27, 1995.
(ii) Additional materials.
(A) Letter and attachments from the Massachusetts Department of
Environmental Protection dated February 8, 1996, submitting supplemental
information concerning the demonstration of balance between credit
creation and credit use.
(113) A revision to the Massachusetts SIP regarding ozone
monitoring. The Commonwealth of Massachusetts will modify its SLAMS and
its NAMS monitoring systems to include a PAMS network design and
establish monitoring sites. The Commonwealth's SIP revision satisfies 40
CFR 58.20(f) PAMS requirements.
(i) Incorporation by reference.
(A) Massachusetts PAMS Network Plan, which incorporates PAMS into
the ambient air quality monitoring network of State or Local Air
Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS).
(ii) Additional material.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 30, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(114) The Commonwealth of Massachusetts' March 27, 1996 submittal
for an enhanced motor vehicle inspection and maintenance (I/M) program,
as amended on June 27, 1996 and July 29,
[[Page 137]]
1996, and November 1, 1996, is conditionally approved based on certain
contingencies, for an interim period to last eighteen months. If the
Commonwealth fails to start its program according to schedule, or by
November 15, 1997 at the latest, this conditional approval will convert
to a disapproval after EPA sends a letter to the state. If the
Commonwealth fails to satisfy the following conditions within 12 months
of this rulemaking, this conditional approval will automatically convert
to a disapproval as explained under section 110(k) of the Clean Air Act.
(i) The conditions for approvability are as follows:
(A) The time extension program as described and committed to in the
March 3, 1997 letter from Massachusetts must be further defined and
submitted to EPA as a SIP revision by no later than one year after the
effective date of this interim approval. Another program which meets the
requirements of 40 CFR 51.360 (Waivers and Compliance via Diagnostic
Inspection) and provides for no more than a 1% waiver rate would also be
approvable.
(B) Other major deficiencies as described in the proposal must also
be corrected in 40 CFR 51.351 (Enhanced I/M Performance Standard), Sec.
51.354 (Adequate Tools and Resources), Sec. 51.357 (Test Procedures and
Standards), Sec. 51.359 (Quality Control), and Sec. 51.363 (Quality
Assurance). The Commonwealth, committed in a letter dated March 3, 1997
to correct these deficiencies within one year of conditional interim
approval by EPA.
(ii) In addition to the above conditions for approval, the
Commonwealth must correct several minor, or de minimis deficiencies
related to CAA requirements for enhanced I/M. Although satisfaction of
these deficiencies does not affect the conditional approval status of
the Commonwealth's rulemaking granted under the authority of section 110
of the Clean Air Act, these deficiencies must be corrected in the final
I/M SIP revision prior to the end of the 18-month interim period granted
under the National Highway Safety Designation Act of 1995:
(A) The SIP lacks a detailed description of the program evaluation
element as required under 40 CFR 51.353;
(B) The SIP lacks a detailed description of the test frequency and
convenience element required under 40 CFR 51.355;
(C) The SIP lacks a detailed description of the number and types of
vehicles included in the program as required under 40 CFR 51.356;
(D) The SIP lacks a detailed information concerning the enforcement
process, and a commitment to a compliance rate to be maintained in
practice required under 40 CFR 51.361.
(E) The SIP lacks the details of the enforcement oversight program
including quality control and quality assurance procedures to be used to
insure the effective overall performance of the enforcement system as
required under 40 CFR 51.362;
(F) The SIP lacks a detailed description of procedures for
enforcement against contractors, stations and inspectors as required
under 40 CFR 51.364;
(G) The SIP lacks a detailed description of data analysis and
reporting provisions as required under 40 CFR 51.366;
(H) The SIP lacks a public awareness plan as required by 40 CFR
51.368; and
(I) The SIP lacks provisions for notifying motorists of required
recalls prior to inspection of the vehicle as required by 40 CFR 51.370.
(iii) EPA is also approving this SIP revision under section 110(k),
for its strengthening effect on the plan.
(115) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on October 17, 1997
and July 30, 1996.
(i) Incorporation by reference.
(A) 310 CMR 7.24(8) ``Marine Volatile Organic Liquid Transfer''
effective in the Commonwealth of Massachusetts on October 5, 1997.
(B) Definition of ``volatile organic compound'' in 310 CMR 7.00
``Definitions'' effective in the Commonwealth of Massachusetts on June
28, 1996.
(C) Definition of ``waterproofing sealer'' in 310 CMR 7.25 ``Best
Available Controls for Consumer and Commercial Products'' effective in
the Commonwealth of Massachusetts on June 28, 1996.
(ii) Additional materials.
[[Page 138]]
(A) Nonregulatory portions of the submittal.
(116) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 9, 2000,
September 11, 2000 and July 25, 1995.
(i) Incorporation by reference.
(A) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the Commonwealth of Massachusetts on September 29, 2000.
(B) 310 CMR 7.00 definitions of the following terms associated with
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on
September 29, 2000: ``commence operation''; ``emergency situation'';
``executive order''; ``Stage II system''; ``substantial modification'';
``vacuum assist system''; and ``vapor balance system.''
(C) 310 CMR 7.00 definitions of the following terms associated with
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on
June 30, 1995: ``emergency motor vehicle;'' and ``tank truck.''
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(117) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 17,
1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated February 17, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint
spray booths; 310 CMR 7.18(2), Compliance with emission limitations; 310
CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal
Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal
parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17),
Reasonable available control technology (as it applies to the
Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission
control plans for implementation of reasonably available control
technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR
7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products
surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating;
310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26),
Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR
7.24(3), Distribution of motor vehicle fuel all effective on February
12, 1993.
(118) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 19,
1997.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 19, 1997 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Regulation 310 CMR 7.27, NOX Allowance Program,
effective on June 27, 1997.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated March 9, 1998 clarifying the program implementation
process.
(119) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 15, 1994,
October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated July 15, 1994, October 4, 1996, December 2, 1996,
January 11, 1999, and April 16, 1999 submitting revisions to the
Massachusetts State Implementation Plan.
(B) Regulation, 310 CMR 7.19, ``Reasonably Available Control
Technology (RACT) for Sources of Oxides of Nitrogen (NOX)''
as adopted by the Commonwealth of Massachusetts on June 29, 1994 and
effective on July 1, 1994.
(C) Emission Control Plan for Specialty Minerals, Incorporated, in
Adams, issued by Massachusetts and effective on June 16, 1995.
(D) Emission Control Plan for Monsanto Company's Indian Orchard
facility in Springfield, issued by Massachusetts and effective on
October 28, 1996.
(E) Emission Control Plan for Turners Falls Limited Partnership/
Indeck Energy Services Turners Falls, Inc., in Montague, issued by
Massachusetts and effective on March 10, 1998.
[[Page 139]]
(F) Emission Control Plan for Medusa Minerals Company in Lee, issued
by Massachusetts and effective on April 17, 1998.
(G) Regulation 310 CMR 7.08(2), ``Municipal Waste Combustors,
adopted on July 24, 1998 and effective on August 21, 1998, excluding the
following sections which were not submitted as part of the SIP revision:
(a); the definition of ``Material Separation Plan'' in (c); (d)1; (d)2;
(d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2;
(g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4;
(h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c;
(i)2.d; (i)2.e; and (k)3.
(H) Amendments to regulation 310 CMR 7.19, ``Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX)'' as adopted by the Commonwealth of Massachusetts on
January 5, 1999 and effective on January 22, 1999.
(120) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 25, 1990.
(i) Incorporation by reference.
(A) 310 CMR 6.04, 7.00, and 8.02 and 8.03 (August 17, 1990).
(121) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 11, 1995
and March 29, 1995.
(i) Incorporation by reference.
(A) Definitions of ``combustion device,'' ``leak,'' ``leaking
component,'' ``lightering or lightering operation,'' ``loading event,''
``marine tank vessel,'' ``marine terminal,'' ``marine vessel,''
``organic liquid,'' and ``recovery device'' in 310 CMR 7.00
``Definitions'' effective in the Commonwealth of Massachusetts on
January 27, 1995.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(122) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on May 14, 1999,
February 1, 2000 and March 15, 2000.
(i) Incorporation by reference.
(A) Regulation 310 CMR 60.02 entitled ``Regulations for the Enhanced
Motor Vehicle Inspection and Maintenance Program'' which became
effective on October 1, 1999, and a September 17, 1999, Notice of
Correction submitted by the Secretary of State indicating the effective
date of the regulations.
(B) Sections 4.01, 4.02, 4.03, 4.04(1), (2), (3), (5), (15) 4.05(1),
(2), (12)(d), (12)(e), (12)(o) 4.07, 4.08, and 4.09 of Regulation 540
CMR 4.00 entitled ``Periodic Annual Staggered Safety and Combined Safety
and Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers
and Converter Dollies' which became effective on May 28, 1999.''
(ii) Additional materials.
(A) Letters from the Massachusetts Department of Environmental
Protection dated May 14, 1999, February 1, 2000, and March 15, 2000,
submitting a revision to the Massachusetts State Implementation Plan.
(B) Test Procedures and Equipment Specifications submitted on
February 1, 2000.
(C) Acceptance Test Protocol submitted on March 15, 2000.
(123) [Reserved]
(124) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 19,
1999.
(i) Incorporation by reference.
(A) Amendments revising regulatory language in 310 CMR 7.19(13)(b),
Continuous Emission Monitoring Systems, which became effective on
December 10, 1999.
(B) Amendments to 310 CMR 7.27, NOX Allowance Program,
adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and
7.27(15)(e), which became effective December 10, 1999.
(C) Regulations 310 CMR 7.28, NOX Allowance Trading
Program, which became effective on December 10, 1999.
(ii) Additional materials.
(A) Letter from the Commonwealth of Massachusetts, Executive Office
of Environmental Affairs, Department of Environmental Protection dated
November 19, 1999, submitting amendment to SIP.
(B) Background Document and Technical Support for Public Hearings on
the Proposed Revisions to the State Implementation Plan for Ozone, July,
1999.
(C) Supplemental Background Document and Technical Support for
Public Hearings on Modifications to the July
[[Page 140]]
1999 Proposal to Revise the State Implementation Plan for Ozone,
September, 1999.
(D) Table of Unit Allocations.
(E) Letter from the Commonwealth of Massachusetts, Executive Office
of Environmental Affairs, Department of Environmental Protection dated
April 10, 2002.
(F) The SIP narrative ``Technical Support Document for Public
Hearings on Revisions to the State Implementation Plan for Ozone for
Massachusetts, Amendments to Statewide Projected Inventory for Nitrogen
Oxides,'' dated March 2002.
(125)-(126) [Reserved]
(127) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 15, 1994
and April 14, 1995.
(i) Incorporation by reference.
(A) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled,
``Emission Offsets and Nonattainment Review,'' effective July 1, 1994.
(B) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled,
``Emission Offsets and Nonattainment Review'' paragraph (3)(g) effective
July 1, 1994.
(ii) Additional materials.
(A) Letters from the Massachusetts Department of Environmental
Protection dated July 15, 1994 and March 29, 1995 submitting revisions
to the Massachusetts State Implementation Plan.
(128) [Reserved]
(129) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 17,
1993, April 16, 1999, and October 7, 1999.
(i) Incorporation by reference.
(A) 310 CMR 7.18(17) ``Reasonable Available Control Technology,'' as
it applies to the eastern Massachusetts ozone nonattainment area,
effective in the Commonwealth of Massachusetts on February 12, 1993.
(B) Plan Approval issued by the Massachusetts Department of
Environmental Protection to the Gillette Company Andover Manufacturing
Plant on June 17, 1999.
(C) Plan Approval issued by the Massachusetts Department of
Environmental Protection to Norton Company on August 5, 1999 and letter
from the Massachusetts Department of Environmental Protection, dated
October 7, 1999, identifying the effective date of this plan approval.
(D) Plan Approval issued by the Massachusetts Department of
Environmental Protection to Rex Finishing Incorporated on May 10, 1991
and letter from the Massachusetts Department of Environmental
Protection, dated April 16, 1999, identifying the effective date of this
plan approval.
(E) Plan Approval issued by the Massachusetts Department of
Environmental Protection to Barnet Corporation on May 14, 1991.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated April 16, 1999, submitting negative declarations for
certain VOC source categories.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated July 24, 2002, discussing wood furniture manufacturing
and aerospace coating requirements in Massachusetts.
(C) 310 CMR 7.02 BACT plan approvals issued by the Massachusetts
Department of Environmental Protection to Solutia, Saloom Furniture,
Eureka Manufacturing, Moduform, Polaroid, and Globe.
(130) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 8, 2000
and December 26, 2000.
(i) Incorporation by reference.
(A) Massachusetts State Regulation 310 CMR 7.30 ``Massport/Logan
Airport Parking Freeze,'' effective in the Commonwealth of Massachusetts
on December 22, 2000.
(B) Massachusetts State Regulation 310 CMR 7.31 ``City of Boston/
East Boston Parking Freeze,'' effective in the Commonwealth of
Massachusetts on December 22, 2000.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 8, 2000 submitting a revision to the
Massachusetts State Implementation Plan.
[[Page 141]]
(B) Letter from the Massachusetts Department of Environmental
Protection dated December 26, 2000 submitting the final state certified
copies of State regulations 310 CMR 7.30 ``Massport/Logan Airport
Parking Freeze'' and 310 CMR 7.31 ``City of Boston/East Boston Parking
Freeze.''
(131) [Reserved]
(132) Revisions to the State Implementation Plan regarding the Low
Emission Vehicle Program submitted by the Massachusetts Department of
Environmental Protection on August 9 and August 26, 2002.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 9, 2002, in which it submitted the Low Emission
Vehicle Program adopted on December 24, 1999.
(B) Letter from the Massachusetts Department of Environmental
Protection dated August 26, 2002 which clarified the August 9, 2002
submittal to exclude certain sections of the Low Emission Vehicle
Program from consideration.
(C) December 24, 1999 version of 310 CMR 7.40, the ``Low Emission
Vehicle Program'' except for 310 CMR 7.40(2)(a)5, 310 CMR 7.40(2)(a)6,
310 CMR 7.40(2)(c)3, 310 CMR 7.40(10), and 310 CMR 7.40(12).
(133) [Reserved]
(134) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 12, 2006.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution
Control District,'' effective in the Commonwealth of Massachusetts on
December 30, 2005.
(B) Massachusetts Regulation Filing, dated December 13, 2005,
amending 310 CMR 7.38 entitled ``Certification of Tunnel Ventilation
Systems in the Metropolitan Boston Air Pollution Control District.''
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 12, 2006, submitting a revision to the
Massachusetts State Implementation Plan.
(135) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 30, 2007.
(i) Incorporation by reference.
(A) 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate Rule
(Mass CAIR),'' effective in the Commonwealth of Massachusetts on May 4,
2007.
(B) Amendments to 310 CMR 7.28 entitled ``NOX Allowance
Trading Program,'' effective in the Commonwealth of Massachusetts on May
4, 2007.
(C) Massachusetts Regulation Filing, dated April 19, 2007, amending
310 CMR 7.28 entitled ``NOX Allowance Trading Program,'' and
adopting 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate Rule
(Mass CAIR).''
(136) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 13,
2006 and June 1, 2007.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.00 entitled ``Definitions,''
adding the definition for the term ``Boston Metropolitan Planning
Organization,'' effective in the Commonwealth of Massachusetts on
December 1, 2006.
(B) Massachusetts Regulation 310 CMR 7.36 entitled ``Transit System
Improvements,'' effective in the Commonwealth of Massachusetts on
December 1, 2006.
(C) Massachusetts Regulation Filing, dated November 16, 2006,
substantiating December 1, 2006, State effective date for amended 310
CMR 7.00 entitled ``Definition,'' (addition of term ``Boston
Metropolitan Planning Organization,'' which appears on the replaced page
173 of the State's Code of Massachusetts Regulations,) and 310 CMR 7.36
entitled ``Transit System Improvements.''
(ii) Additional Materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 13, 2006 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection dated June 1, 2007 submitting a revision to the Massachusetts
State Implementation Plan.
[[Page 142]]
(C) Letter from the Massachusetts Executive Office of Transportation
dated September 4, 2007 identifying its commitment to the Green Line
extension and to make every effort to accelerate the planning, design
and environmental review and permitting of the project in order to work
towards the 2014 completion date.
(D) Letter from the Chair of the Boston Region Metropolitan Planning
Organization dated May 1, 2008 concurring in the finding that the
transit system improvements projects will achieve emission benefits
equivalent to or greater than the benefits from the original transit
system improvements projects being replaced.
(E) Letter from EPA New England Regional Administrator dated July 5,
2008 concurring in the finding that the transit system improvements
projects will achieve emission benefits equivalent to or greater than
the benefits from the original transit system improvements projects
being replaced.
(137) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 1, 2009 and
November 30, 2009.
(i) Incorporation by reference.
(A) Regulation 310 CMR 60.02 entitled ``Massachusetts Motor Vehicle
Emissions Inspection and Maintenance Program,'' effective in the
Commonwealth of Massachusetts on September 5, 2008, with the exception
of subsection 310 CMR 60.02(24)(f).
(B) Regulation 540 CMR 4.00 entitled ``Annual Safety and Combined
Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semi-
trailers and Converter Dollies,'' effective in the Commonwealth of
Massachusetts on September 5, 2008.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated June 1, 2009, submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated November 30, 2009, amending the June 1, 2009 State
Implementation Plan submittal.
(C) Massachusetts June 1, 2009 SIP Revision Table of Contents Item
7, ``Documentation of IM SIP Revision consistent with 42 USC Section
7511a and Section 182(c)(3)(A) of the Clean Air Act.''
(138) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 1, 2010.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.18(8), ``U Solvent Metal
Degreasing,'' effective on March 6, 2009.
(B) Massachusetts Regulation 310 CMR 7.24(6), ``U Dispensing of
Motor Vehicle Fuel,'' effective on March 1, 2009.
(C) The definitions of the following terms contained in
Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority; Legend;
Preamble; Definitions,'' effective on March 1, 2009: isolate; minor
modification; routine maintenance; solvent metal degreasing; special and
extreme solvent metal cleaning; substantial modification.
(139) Revisions to the State Implementation Plan regarding Regional
Haze submitted by the Massachusetts Department of Environmental
Protection on December 30, 2011, August 9, 2012, and August 28, 2012.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.00, ``Definitions,'' amended
definition of SULFUR IN FUEL, effective August 3, 2012.
(B) Massachusetts Regulation 310 CMR 7.05, ``U Fuels All
Districts,'' effective August 3, 2012, with the following exceptions
which are not applicable to the Massachusetts Alternative to BART:
(1) 310 CMR 7.05(1)(a)(3);
(2) 310 CMR 7.05(2) through (4); and
(3) 310 CMR 7.05(7) through (9).
(C) Massachusetts Regulation 310 CMR 7.29, ``Emissions Standards for
Power Plants,'' effective on January 25, 2008 (which includes previous
sections effective on June 29, 2007), with the following exceptions
which are not applicable to the Massachusetts Alternative to BART:
(1) In 310 CMR 7.29(1), the reference to mercury (Hg), carbon
monoxide (CO), carbon dioxide (CO2), and fine particulate
matter (PM2.5) in the first sentence
[[Page 143]]
and the phrase ``. . . and CO2 and establishing a cap on
CO2 and Hg emissions from affected facilities. CO2
emissions standards set forth in 310 CMR 7.29(5)(a)5.a. and b. shall not
apply to emissions that occur after December 31, 2008'' in the second
sentence;
(2) In 310 CMR 7.29(2), the definitions of Alternate Hg Designated
Representative, Automated Acquisition and Handling System or DAHS,
Mercury (Hg) Designated Representative, Mercury Continuous Emission
Monitoring System or Mercury CEMS, Mercury Monitoring System, Sorbent
Trap Monitoring System, and Total Mercury;
(3) 310 CMR 7.29(5)(a)(3) through (5)(a)(6);
(4) In 310 CMR 7.29(5)(b)(1), reference to compliance with the
mercury emissions standard in the second sentence;
(5) 310 CMR 7.29(6)(a)(3) through (6)(a)(4);
(6) 310 CMR 7.29(6)(b)(10);
(7) 310 CMR 7.29(6)(h)(2);
(8) The third and fourth sentences in 310 CMR 7.29(7)(a);
(9) In 310 CMR 7.29(7)(b)(1), the reference to CO2 and
mercury;
(10) In 310 CMR 7.29(7)(b)(1)(a), the reference to CO2
and mercury;
(11) 310 CMR 7.29(7)(b)(1)(b) through 7.29(7)(b)(1)(d);
(12) In 310 CMR 7.29(7)(b)(3), the reference to CO2 and
mercury;
(13) In 310 CMR 7.29(7)(b)(4)(b), the reference to CO2
and mercury; and
(14) 310 CMR 7.29(7)(e) through 7.29(7)(i).
(D) Massachusetts Regulation 310 CMR 7.26, ``Industry Performance
Standards, Outdoor Hydronic Heaters'' paragraphs (50) through (54) and
related footnotes effective December 26, 2008.
(1) 310 CMR 7.26(50) Outdoor Hydronic Heaters--Applicability;
(2) 310 CMR 7.26(51) Definitions;
(3) 310 CMR 7.26(52) Requirements for Operators;
(4) 310 CMR 7.26(53) Requirements for Sellers; and
(5) 310 CMR 7.26(54) Requirements for Manufacturers.
(E) The sulfur dioxide (SO2), oxides of nitrogen
(NOX), and PM2.5 provisions of the Massachusetts
Department of Environmental Protection Emission Control Plan ``Saugus--
Metropolitan, Boston/Northeast Region, 310 CMR 7.08(2)--Municipal Waste
Combustors, Application No. MBR-98-ECP-006, Transmittal No. W003302,
Emission Control Plan Modified Final Approval'' dated March 14, 2012 to
Mr. Jairaj Gosine, Wheelabrator Saugus, Inc. and signed by Cosmo Buttaro
and James E. Belsky, with the following exceptions which are not
applicable to the Massachusetts Alternative to BART.
(1) In Table 2, the EU1 and EU2 Unit Load Restriction/Operating
Practices;
(2) In Table 2, the EU1 and EU2 Emission Limit/Standard for Opacity,
HCl, Dioxin/Furon, Cd, Pb, CO, Hg, NH3, and associated footnotes;
(3) In Table 2, EU3 Fugitive Ash requirement and associated
footnote.
(4) In Table 2, Footnote 1 which is a State Only Requirement.
(F) The Massachusetts Department of Environmental Protection
Emission Control Plan ``Lynn--Metropolitan, Boston/Northeast Region, 310
CMR 7.19, Application No. MBR-94-COM-008, Transmittal No. X235617,
Modified Emission Control Plan Final Approval'' dated March 24, 2011 to
Ms. Jolanta Wojas, General Electric Aviation and signed by Marc
Altobelli and James E. Belsky. Note, this document contains two section
V; V. RECORD KEEPING AND REPORTING REQUIREMENTS and V. GENERAL
REQUIREMENTS/PROVISIONS.
(G) The Massachusetts Department of Environmental Protection
Emission Control Plan, ``Holyoke Western Region 310 CMR 7.29 Power Plant
Emission Standards, Application No. 1-E-01-072, Transmittal No. W025214,
Amended Emission Control Plan'' dated May 15, 2009 to Mr. John S. Murry,
Mt. Tom Generating Company, LLC and signed by Marc Simpson, with the
following exceptions which are not applicable to the Massachusetts
Alternative to BART:
(1) In Table 2, the EU 1 Emission Limit/Standard for Hg, CO,
CO2, and PM2.5 and related footnotes;
(2) In Table 3, the EU1 Monitoring/Testing Requirements for
CO2, CO, PM2.5, and Hg;
(3) In Table 4, the EU 1 Record Keeping Requirements for
CO2, CO, PM2.5, and Hg;
(4) In Table 5, the EU1 Reporting Requirements for Hg;
[[Page 144]]
(5) In Table 5, the Facility Reporting requirements
(6) In Table 6, the Compliance Paths for Hg and CO2 and
related footnote;
(7) In Section 4, Special Conditions for ECP, Item 4, applicable to
CO2;
(8) Section 6, Modification to the ECP;
(9) Section 7, Massachusetts Environmental Policy Act; and
(10) Section 8, Appeal of Approval.
(H) The Massachusetts Department of Environmental Protection
Emission Control Plan ``Salem--Metropolitan Boston/Northeast Region, 310
CMR 7.29 Power Plant Emission Standards, Application No. NE-12-003,
Transmittal No. X241756, Final Amended Emission Control Plan Approval''
dated March 27, 2012 to Mr. Lamont W. Beaudette, Dominion Energy Salem
Harbor, LLC and signed by Edward J. Braczyk, Cosmo Buttaro, and James E.
Belsky with the following exceptions which are not applicable to the
Massachusetts Alternative to BART:
(1) In Table 2, the EU 1, EU 2, and EU 3 Emission Limit/Standard for
Hg and related footnotes;
(2) In Table 2, the EU 1, EU 2, EU 3, and EU 4 Emission Limit/
Standard for CO, CO2, PM2.5 and related footnotes;
(3) In Table 3, the EU 1, EU 2, EU 3, and EU 4 Monitoring/Testing
Requirements for CO2, CO, and PM2.5;
(4) In Table 3, the EU 1, EU 2, and EU 3 Monitoring/Testing
Requirements for Hg;
(5) In Table 4, the EU 1, EU 2, EU 3, and EU 4 Record Keeping
Requirements for CO2, CO, and PM2.5;
(6) In Table 4, the EU 1, EU 2, and EU 3 Record Keeping Requirements
for Hg;
(7) In Table 5, the EU 1, EU 2, EU 3, and EU 4 Reporting
Requirements for CO2;
(8) In Table 5, the EU 1, EU 2, and EU 3 Reporting Requirements for
Hg;
(9) In Section 3, Compliance Schedule, the 3rd paragraph text which
reads ``In order to meet the regulatory Hg limits which are effective on
October 1, 2012, the facility owner/operator has proposed using a
combination strategy involving fuel mix optimization (for SO2
compliance but this action will benefit Hg compliance as well) and
installation of a Calcium Bromide injection system. In order to meet the
310 CMR 7.29 CO2 emission targets, the Dominion Energy Salem
Harbor, LLC facility owner/operator procured offset credits from both
its Dominion Energy Brayton Point facility and third party contacts and
paid into the Greenhouse Gas Expendable Trust;''
(10) Section 6, Modification to the ECP;
(11) Section 7, Massachusetts Environmental Policy Act; and
(12) Section 8, Appeal of Approval.
(I) Massachusetts Department of Environmental Protection Emission
Control Plan ``Amended Emission Control Plan Final Approval Application
for: BWP AQ 25, 310 CMR 7.29 Power Plant Emission Standards, Transmittal
Number X241755, Application Number SE-12-003, Source Number: 1200061''
dated April 12, 2012 to Peter Balkus, Dominion Energy Brayton Point, LLC
and signed by John K. Winkler, with the following exceptions which are
not applicable to the Massachusetts Alternative to BART:
(1) In Table 2, the EU 1, EU 2, and EU 3 Emission Limit/Standard for
Hg;
(2) In Table 2, the EU 1, EU 2, EU 3, EU 4 Emission Limit/Standard
for CO, CO2, PM2.5 and related footnotes;
(3) In Table 3, the EU 1, EU 2, EU 3, and EU 4 Monitoring/Testing
Requirements for CO2, Hg, CO, and PM2.5;
(4) In Table 3, the EU 1, EU 2, and EU 3 Monitoring/Testing
Requirements for Hg;
(5) In Table 4, the EU 1, EU 2, EU 3, and EU 4 Record Keeping
Requirements for CO2, Hg, CO, and PM2.5;
(6) In Table 4, the EU 1, EU 2, and EU 3 Record Keeping Requirements
for Hg;
(7) In Table 5, the EU 1, EU 2, and EU 3 Reporting Requirements for
Hg and CEMS monitoring and certification;
(8) In Table 5, the Facility Reporting Requirements;
(9) In Table 6, the Compliance Path for CO2, and Hg;
(10) In Section 4, Special Conditions for ECP, the CO2
requirement in Item 2;
(11) Section 6, Modification to the ECP;
(12) Section 7, Massachusetts Environmental Policy Act; and
(13) Section 8, Appeal of Approval.
[[Page 145]]
(J) Massachusetts Department of Environmental Protection letter
``Facility Shutdown, FMF Facility No. 316744'' dated June 22, 2011 to
Jeff Araujo, Somerset Power LLC and signed by John K. Winkler.
(ii) Additional materials.
(A) ``Massachusetts Regional Haze State Implementation Plan'' dated
August 9, 2012.
(140) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on Protection on
August 9, 2001, September 14, 2006, and February 18, 2008.
(i) Incorporation by reference.
(A) Provision 310 CMR 7.12(1)(a)1 of 310 CMR 7.12, ``U Source
Registration'' effective on August 3, 2001.
(B) Provisions 310 CMR 7.12(2)(c), 7.12(3), and 7.12(4) of 310 CMR
7.12, ``U Source Registration'' effective on September 23, 2005.
(C) Provision 310 CMR 7.00, Table entitled, ``Massachusetts Cities &
Towns with Corresponding DEP Regional Offices and Air Pollution
Districts'' effective on December 28, 2007.
(D) Provisions 310 CMR 7.04(2) and 7.04(4)(a) of 310 CMR 7.04, ``U
Fossil Fuel Utilization Facilities'' effective on December 28, 2007.
(E) Provisions 310 CMR 7.12(1)(a)2 through 9, (1)(b), (1)(c), (2)(a)
and (b) of 310 CMR 7.12, ``U Source Registration'' effective on December
28, 2007.
(F) Provisions 310 CMR 7.26(30) through (37) of 310 CMR 7.26
``Industry Performance Standards'' effective on December 28, 2007.
(ii) Additional materials.
(A) A letter from the Massachusetts Department of Environmental
Protection dated August 9, 2001 submitting a revision to the State
Implementation Plan.
(B) A letter from the Massachusetts Department of Environmental
Protection dated September 14, 2006 submitting a revision to the State
Implementation Plan.
(C) A letter from the Massachusetts Department of Environmental
Protection dated February 13, 2008 submitting a revision to the State
Implementation Plan.
(D) A letter from the Massachusetts Department of Environmental
Protection dated January 18, 2013 withdrawing certain outdated and
obsolete regulation submittals and replacing them with currently
effective versions of the regulation for approval and inclusion into the
SIP.
(141) Revisions to the State Implementation Plan submitted to EPA by
the Massachusetts Department of Environmental Protection.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority;
Legend; Preamble; Definitions,'' effective on August 3, 2001, the
definition for compliance certification.
(B) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority;
Legend; Preamble; Definitions,'' effective on September 23, 2005, the
definitions for adhesion promoter, Administrator, anti-glare safety
coating, aqueous cleaner, automotive refinishing facility, bakery,
capture efficiency, CEMS, CFR, combined cycle combustion turbine, dry
bottom, duct burner, elastomeric coating, emergency or standby engine,
emission statement, energy input capacity, EPA, existing facility, face
firing, facility, federally enforceable, federal potential to emit or
federal potential emissions, ferrous cupola foundry, four-stage coating
system, fuel cell, fugitive emissions, glass, glass melting furnace,
halogenated organic compound, hardener, hazardous air pollutant (HAP),
heat release rate, impact-resistant coating, lean burn engine, lowest
achievable emission rate (LAER), malfunction, maximum achievable control
technology, maximum design capacity, mobile equipment, MW, natural draft
opening, nonattainment area, nonattainment review, non-criteria
pollutant, potential emissions or potential to emit, pretreatment wash
primer, primer sealer, primer surfacer, reducer, simple cycle combustion
turbine, single-stage topcoat, soap, specialty coating, stationary
combustion turbine, stationary reciprocating internal combustion engine,
stencil coating, stoker, surface preparation product, tangential firing,
three-stage coating system, touch-up coating, two-stage topcoat,
underbody coating, uniform finish blender.
[[Page 146]]
(C) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority;
Legend; Preamble; Definitions,'' effective on June 2, 2006, the
definitions for water hold-out coating, weld-through primer, VOC
composite partial pressure.
(D) Massachusetts Regulation 310 CMR 7.05, ``U Fuels All
Districts,'' paragraph (2), ``U Use of Residual Fuel Oil or Hazardous
Waste Fuel,'' effective on September 23, 2005.
(E) Massachusetts Regulation 310 CMR 7.18, ``U Volatile and
Halogenated Organic Compounds,'' effective on September 23, 2005,
paragraph (1), ``U Applicability and Handling Requirements,''
subparagraphs (a) and (c) through (f); paragraph (2), ``U Compliance
with Emission Limitations'' (as corrected in Massachusetts Register
1037, October 21, 2005); paragraph (3), U Metal Furniture Coating,
subparagraph (a); paragraph (4), U Metal Can Surface Coating,
subparagraph (a); paragraph (11), ``U Surface Coating of Miscellaneous
Metal Parts and Products,'' subparagraphs (a) through (d)(4.); paragraph
(19), ``Synthetic Organic Chemical Manufacture,'' subparagraphs (h) and
(i); paragraph (20), ``Emission Control Plans for Implementation of
Reasonably Available Control Technology;'' paragraph (21), ``Surface
Coating of Plastic Parts,'' subparagraphs (a) through (d) and (f)
through (i); paragraph (22), ``Leather Surface Coating,'' subparagraphs
(a) through (c); paragraph (23), ``Wood Products Surface Coating,''
subparagraphs (b) through (i); paragraph (24), ``Flat Wood Paneling
Surface Coating,'' subparagraphs (a) through (c) and subparagraphs (h)
and (i); paragraph (25), ``Offset Lithographic Printing,'' subparagraphs
(a) through (c); paragraph (26), ``Textile Finishing,'' subparagraphs
(c) through (i); paragraph (27), ``Coating Mixing Tanks;'' paragraph
(28), ``Automotive Refinishing,'' and paragraph (29), ``Bakeries,''
subparagraph (c) 2.
(F) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX),'' effective on August 3, 2001; paragraph (1),
``Applicability,'' subparagraph (c) 9. (as corrected in Massachusetts
Register 938, January 4, 2002); paragraph (4), ``Large Boilers,''
subparagraphs (b)3.d. (as corrected in Massachusetts Register 938,
January 4, 2002), (c) 2., and (f); paragraph (5), ``Medium-size
Boilers,'' subparagraph (d).
(G) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX),'' paragraph (13), ``Testing, Monitoring,
Recordkeeping, and Reporting Requirements,'' subparagraphs (a),
``Applicability,'' and (c), ``Stack Testing'', effective September 23,
2005.
(H) Massachusetts Regulation 310 CMR 7.24, ``U Organic Material
Storage and Distribution,'' subparagraph (1), ``Organic Material Storage
Tanks,'' effective September 23, 2005.
(I) Massachusetts Regulation 310 CMR 7.24, ``U Organic Material
Storage and Distribution,'' subparagraph (4), ``Motor Vehicle Fuel Tank
Trucks,'' effective June 2, 2006.
(142) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority;
Legend; Preamble; Definitions,'' the definition for volatile organic
compound, effective on March 6, 2009.
(B) Massachusetts Regulation 310 CMR 7.00, Appendix B, ``U Emissions
Banking, Trading, and Averaging,'' section (4), ``Emissions Averaging
(Bubble),'' paragraph (b)7, effective August 30, 2013.
(C) Massachusetts Regulation 310 CMR 7.18, ``U Volatile and
Halogenated Organic Compounds,'' section (1), ``U Applicability and
Handling Requirements,'' paragraphs (d) and (f); section (2), ``U
Compliance with Emission Limitations,'' paragraphs (b), (e), and (f);
section (20), ``Emission Control Plans for Implementation of Reasonably
Available Control Technology,'' paragraph (a); and section (30),
``Adhesives and Sealants;'' effective August 30, 2013.
(D) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX),'' section (1), ``Applicability,'' paragraph (c)9,
effective August 30, 2013.
[[Page 147]]
(E) Massachusetts Regulation 310 CMR 7.25, ``U Best Available
Controls for Consumer and Commercial Products,'' effective October 19,
2007.
(143) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 6,
2013.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.36 entitled ``U Transit
System Improvements,'' effective in the Commonwealth of Massachusetts on
October 25, 2013.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 6, 2013 submitting a revision to the
Massachusetts State Implementation Plan.
(144) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on May 5, 2015.
(i) Incorporation by reference.
(A) Regulation 310 CMR 7.00 entitled ``Air Pollution Control:
Definitions,'' the definitions listed below, effective January 2, 2015,
as published in the Massachusetts Register, Issue S1277, January 2,
2015:
(1) Aboveground Storage Tank or AST;
(2) Business Day;
(3) California Air Resources Board (or California ARB or CARB);
(4) Commence Operations;
(5) Emergency Motor Vehicle;
(6) Emergency Situation;
(7) Executive Order;
(8) Minor Modification;
(9) Monthly Throughput;
(10) Motor Vehicle;
(11) Motor Vehicle Fuel;
(12) Motor Vehicle Fuel Dispensing Facility;
(13) Responsible Official;
(14) Routine Maintenance;
(15) Stage I CARB Enhanced Vapor Recovery (EVR) Component or EVR;
(16) Stage I CARB Enhanced Vapor Recovery (EVR) System;
(17) Stage I Component Enhanced Vapor Recovery (EVR) System;
(18) Stage I Minor Modification;
(19) Stage I Non-Enhanced Vapor Recovery System;
(20) Stage I Routine Maintenance;
(21) Stage I Substantial Modification;
(22) Stage I System;
(23) Stage II Minor Modification;
(24) Stage II Routine Maintenance;
(25) Stage II Substantial Modification;
(26) Stage II System;
(27) Submerged Filling;
(28) Tank Truck;
(29) Vacuum Assist System;
(30) Vapor;
(31) Vapor Balance System;
(32) Vapor-Mounted Seal; and
(33) Vapor-Tight.
(B) Regulation 310 CMR 7.24, ``Organic Material Storage and
Distribution,'' the sections listed below, effective January 2, 2015, as
published in the Massachusetts Register, Issue S1277, January 2, 2015:
(1) 7.24(3) ``Distribution of Motor Vehicle Fuel'';
(2) 7.24(4) ``Motor Vehicle Fuel Tank Trucks''; and
(3) 7.24(6) ``Dispensing of Motor Vehicle Fuel''.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated May 5, 2015, submitting a revision to the
Massachusetts State Implementation Plan.
(145) Revisions to the State Implementation Plan (SIP) submitted by
the Massachusetts Department of Environmental Protection on December 14,
2007. The submittal consists of an Infrastructure SIP for the 1997 ozone
national ambient air quality standard.
(146) Revisions to the State Implementation Plan (SIP) submitted by
the Massachusetts Department of Environmental Protection on December 4,
2012. The submittal consists of an Infrastructure SIP for the 2008 lead
national ambient air quality standard.
(147) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 6, 2014.
The submittal consists of Infrastructure SIPs for the 2008 ozone, 2010
NO2, and 2010 SO2 national ambient air quality
standards.
(i) Incorporation by reference.
(A) Section 6, ``Financial interest of state employee, relative, or
associates; disclosure,'' of the Massachusetts General Laws Annotated,
chapter 268A,
[[Page 148]]
``Conduct of Public Officials and Employees,'' as amended by Statute
1978, chapter 210, Sec. 9.
(B) Section 6A, ``Conflict of interest of public officials;
reporting requirement,'' of the Massachusetts General Laws Annotated,
chapter 268A, ``Conduct of Public Officials and Employees,'' as amended
by Statute 1984, chapter 189, Sec. 163.
[37 FR 10871, May 31, 1972. Redesignated at 83 FR 3967, Jan. 29, 2018]
Editorial Note: For Federal Register citations affecting Sec.
52.1166, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1167 EPA-approved Massachusetts State regulations.
The following table identifies the State regulations which have been
submitted to and approved by EPA as revisions to the Massachusetts State
Implementation Plan. This table is for informational purposes only and
does not have any independent regulatory effect. To determine regulatory
requirements for a specific situation consult the plan identified in
Sec. 52.1120. To the extent that this table conflicts with Sec.
52.1120, Sec. 52.1120 governs.
Table 52.1167--EPA-Approved Rules and Regulations
[See Notes at end of Table]
----------------------------------------------------------------------------------------------------------------
Date Date Federal
State citation Title/subject submitted approved by Register 52.1120(c) Comments/unapproved
by State EPA citation sections
----------------------------------------------------------------------------------------------------------------
310 CMR 6.04........ Standards.......... 7/25/90 10/04/02 67 FR 62187 120 Adopt PM10 as the
criteria pollutant
for particulates.
310 CMR 7.00........ Definitions........ 2/14/85 9/25/85 50 FR 38804 64 Motor vehicle fuel.
2/21/86; 8/31/87 52 FR 32792 73 Two new definitions
2/25/86; and one amended
6/23/86 definition.
Statutory 11/5/86; 11/19/87 52 FR 44395 74 Approving the
authority; legend; 12/10/86 addition of
preamble; definitions for
definitions. synthetic organic
chemical
manufacturing
facility,
component, in gas
service, light
liquid, in light
liquid service,
leak, leaking
component,
monitor, repair,
unit turnaround,
in VOC service,
quarterly, and
pressure relief
valve.
310 CMR 7.00........ Definitions........ 7/18/88 5/4/89 54 FR 19184 78 Includes bulk plant
and terminal,
gasoline market.
310 CMR 7.00........ Definitions........ 1/30/91 10/8/92 57 FR 46312 96 Definitions of no-
build alternative,
project area,
project roadway,
and tunnel
ventilation
system.
310 CMR 7.00........ Definitions........ 05/17/90, 12/14/92 57 FR 58996 97 Added ``motor
06/07/91 vehicle fuel,''
``motor vehicle
fuel dispensing
facility,''
``substantial
modification,''
and ``vapor
collection and
control system.''
[[Page 149]]
310 CMR 7.00........ Definitions........ 8/17/89; 1/11/93 58 FR 3495 93 Approving the
6/7/91 following amended
or additional
definitions:
Application area,
asphalt,
automobile, bottom
filling, bulk
terminal, coating
line(s),
commissioner,
condensate,
continuous
compliance, crude
oil, department,
end sealing
compound, exterior
base coat, extreme
environmental
conditions,
flashoff area,
freeboard height,
freeboard ratio,
halogenated
organic compound,
interior base
coat, interior
body spray, knife
coating, lease
custody transfer,
light duty truck,
manufacturing
plant,
miscellaneous
metal parts and
products,
overvarnish, paper
surface coating,
penetrating prime
coat, petroleum
liquids, prime
coat, publication
rotogravure
printing, quench
area, refrigerated
chiller, Reid
vapor pressure,
roll printing,
roll coating,
single coat,
solids, specialty
printing, splash
filling, standard
conditions,
submerged filling,
three piece can
side seam spray,
topcoat, transfer
efficiency, two
piece can exterior
end coating, vinyl
surface coating,
volatile organic
compound, waxy,
heavy pour crude
oil. The
definitions of
``coating
application
system'' and
``bulk plants and
terminals'' have
been deleted.
310 CMR 7.00........ Definitions........ 8/27/82, 2/23/93 58 FR 10970 84 Approving the
6/22/87, definitions of
12/27/89 ``stationary
source'' and
``building,
structure,
facility, or
installation.''
310 CMR 7.00........ Definitions........ 6/7/91 6/30/93 58 FR 34911 58 Definitions: Bulk
plants, vapor
balance systems.
310 CMR 7.00........ Definitions........ 12/9/91 10/4/94 59 FR 50498 101 Definitions of
baseline roadway
conditions, high
occupancy vehicle,
high occupancy
vehicle lane, peak
hour, performance
standard, and
roadway threshold
standard.
310 CMR 7.00........ Definitions........ 11/15/93 2/1/95 60 FR 6030 103 Approving
05/11/94 additional
definitions for.
[[Page 150]]
310 CMR 7.00........ Definitions........ 7/30/93 10/15/96 61 FR 53632 111 Adding or amending
the following
definitions: motor
vehicle parking
space; off-peak
parking spaces;
remote parking
spaces; and
restricted use
parking.
310 CMR 7.00........ Definitions........ 2/17/93 9/3/1999 64 FR 48303 c(117)
310 CMR 7.00........ Definitions........ 7/30/96 4/11/00 65 FR 19326 115 Definition of
``volatile organic
compound''
revised.
310 CMR 7.00........ Definitions........ 1/11/95 4/11/00 65 FR 19326 121 Definitions
3/29/95 associated with
marine vessel
rule.
310 CMR 7.00........ Definitions........ 07/25/95 12/18/00 65 FR 78976 116 Definitions
08/09/00 associated with
9/11/00 State II vapor
recovery rule.
310 CMR 7.00........ Definitions........ 6/1/10 10/9/15 80 FR 61101 142 Approved update to
definition for
volatile organic
compound.
310 CMR 7.00 Emission Offsets 7/15/94 10/27/00 65 FR 64363 (c)(127) Approving 1990 CAAA
Appendix A. and Nonattainment and 4/14/ revisions and
Review. 95 general NSR permit
requirements
310 CMR 7.00 U Emissions 7/10/14 10/9/15 80 FR 61101 142 Approved amended
Appendix B. Banking, Trading, language regarding
and Averaging.. emissions
averaging bubbles.
310 CMR 7.00 Emissions Banking, 2/9/94 8/8/96 61 FR 41338 112 Replaces earlier
Appendix B (except Trading, and 3/29/95 emissions
310 CMR 7.00 Averaging. averaging rules
Appendix with emissions
B(3)(e)5.h). banking, trading,
and averaging.
310 CMR 7.00 and 2/14 and 9/25/85 50 FR 38806 64 Motor vehicle fuel
7.02(12)(c). 5/22/85 tank trucks.
310 CMR 7.00........ Definitions........ 7/25/90 10/04/02 67 FR 62187 120 Add a definition of
PM10.
310 CMR 7.00........ Definitions........ 8/9/01 5/29/14 79 FR 30737 141 Approved the
definition for
compliance
certification.
[[Page 151]]
310 CMR 7.00........ Definitions........ 9/14/06 5/29/14 79 FR 30737 141 Approving the
following
definitions,
effective 9/23/05:
adhesion promoter,
Administrator,
anti-glare safety
coating, aqueous
cleaner,
automotive
refinishing
facility, bakery,
capture
efficiency, CEMS,
CFR, combined
cycle combustion
turbine, dry
bottom, duct
burner,
elastomeric
coating, emergency
or standby engine
, emission
statement, energy
input capacity,
EPA, existing
facility, face
firing, facility,
federally
enforceable,
federal potential
to emit or federal
potential
emissions, ferrous
cupola foundry,
four-stage coating
system, fuel cell,
fugitive
emissions, glass,
glass melting
furnace,
halogenated
organic compound,
hardener,
hazardous air
pollutant (HAP),
heat release rate,
impact resistant
coating, lean burn
engine, lowest
achievable
emission rate
(LAER),
malfunction,
maximum achievable
control
technology,
maximum design
capacity, mobile
equipment, MW,
natural draft
opening,
nonattainment
area,
nonattainment
review, non-
criteria
pollutant,
potential
emissions or
potential to emit,
pretreatment wash
primer, primer
sealer, primer
surfacer, reducer,
simple cycle
combustion
turbine, single-
stage topcoat,
soap, specialty
coating,
stationary
combustion
turbine,
stationary
reciprocating
internal
combustion engine,
stencil coating,
stoker, surface
preparation
product,
tangential firing,
three-stage
coating system,
touch-up coating,
two-stage topcoat,
underbody coating,
uniform finish
blender.
[[Page 152]]
310 CMR 7.00........ Definitions........ 9/14/06 5/29/14 79 FR 30737 141 Approving the
following amended
or added
definitions,
effective 6/2/06:
water hold-out
coating, weld-
through primer,
VOC composite
partial pressure.
310 CMR 7.00........ Definitions........ 12/13/06 07/31/08 73 FR 44654 136 Addition of the
term, ``Boston
Metropolitan
Planning
Organization.''
12/13/06 07/31/08 73 FR 44654 136 Massachusetts
Regulation Filing,
dated November 16,
2006,
substantiating
December 1, 2006,
State effective
date for amended
310 CMR 7.00
entitled
``Definition,''
(addition of term
``Boston
Metropolitan
Planning
Organization,''
which appears on
the replaced page
173 of the State's
Code of
Massachusetts
Regulations.).
310 CMR 7.00........ Definitions........ 8/9/12 9/19/13 78 FR 57487 137 Approving the
definition of
``Sulfur in
Fuel.''
310 CMR 7.00........ Table of MA cities 11/13/07 4/24/14 79 FR 22774 140
and towns with
corresponding DEP
Regional offices.
310 CMR 7.00........ Air Pollution 5/5/15 11/29/16 81 FR 85901 144 Revises definitions
Control: that relate to
Definitions. Stage I and Stage
II vapor recovery
systems.
310 CMR 7.02........ Plans and approval 4/27/72 10/28/72 37 FR 23085 2
and emission
limitations.
8/28/72 10/28/72 37 FR 23085 4
5/27/82 1/10/84 49 FR 1187 60 7.02(2)(b)(4) and
9/9/82 7.02(2)(5) for new
source review.
12/3/85 11/25/86 51 FR 42564 69 Adds the word
1/31/86 ``major'' before
2/11/86 the word
``modification''
at 7.02(2)(b).
310 CMR 7.02........ Plans and approval
and emission
limitation.
11/21/86 3/10/89 54 FR 10148 72 7.02(2)(b) 4, 5 and
1/15/87 6-new source
review.
310 CMR 7.02(11).... Emission 2/1/78 3/15/79 44 FR 15704 18 Adds an emission
limitations for limitation for
incinerators. sewage sludge
incinerators.
310 CMR 7.02(12).... U Organic Material. 8/17/89 1/11/93 58 FR 3495 93 310 CMR 7.02(12)
has been
recodified and
relocated in 310
CMR 7.24, ``U
Organic Material
Storage and
Distribution.''
All subsections
and references in
310 CMR 7.02(12)
have been
recodified
accordingly.
310CMR 7.02(12)..... U Restricted 6/6/94 4/5/95 60 FR 17229 105 This rule limits a
Emission Status. source's potential
to emit, therefore
avoiding RACT,
title V operating
permits
[[Page 153]]
310 CMR Organic material, 12/31/78 9/16/80 45 FR 61293 30
7.02(12)(a)(b). bulk plants and 5/16/79
terminals handling
organic material.
310 CMR Gasoline liquid 12/2/83 3/8/84 49 FR 8611 56 Approved for
7.02(12)(a)1e. storage in secondary seals or
external floating equivalent weather
roof tanks. roofs.
310 CMR 7.02(12)(b)2 Stage I vapor 5/20/77 5/25/78 43 FR 22356 15 Provisions for
recovery. Pioneer APCD Stage
I vapor recovery.
12/31/78 9/16/80 45 FR 61293 30
5/16/79
3/25/83 7/7/83 48 FR 31200 55 Exempt Berkshire
APCD.
310 CMR 7.02(12)(b)3 Stage I vapor 11/21/86 3/10/89 54 FR 10148 72 7.02(12)(b)3 is
recovery. 1/15/87 deleted.
310 CMR 7.02(12) (c) Gasoline Tank 2/14/85 9/25/85 50 FR 38804 64 Tank trucks.
and (d). Trucks. 5/22/85
310 CMR 7.02(12)(d). Test Methods 11/21/86 3/10/89 54 FR 10148 72 Requires EPA
applicable to 310 1/15/87 approved test
CMR 7.02(12). methods or EPA
approved
alternatives.
310 CMR 7.02(12)(e). Gasoline Volatility 7/18/88 5/4/89 54 FR 19184 78 Approves a
9/15/88 limitation on
4/12/89 volatility of
gasoline from June
30 for Sept. 15,
1989, and May 1 to
Sept. 15 in
subsequent years.
310 CMR 7.03(13).... Paint spray booths. 2/17/93 9/3/1999 64 FR 48303 c(117) Adds the following
coating
operations:
plastic parts
surface coating,
leather surface
coating, wood
product surface
coating, and flat
wood paneling
surface coating.
310 CMR 7.04(2)..... U Fossil fuel 11/13/07 4/24/14 79 FR 22774 140 Clarifies new
Utilization applicability
Facilities. requirements for
smoke density
instrument removal
for certain
facilities.
310 CMR 7.04(4)(a).. U Fossil Fuel 11/13/07 4/24/14 79 FR 22774 140 Requires
Utilization inspection,
Facilities. maintenance
testing at
facilities with
heat inputs over 3
MMBtu/ hr
(excluding
combustion
turbines and
engines); requires
posting of test
results near
facilities.
310 CMR 7.04(5)..... Fuel oil viscosity. 12/28/78 6/17/80 45 FR 40987 29 For Cambridge
Electric Light
Company's Kendal
Station, and
Blackstone
Station.
12/28/78 10/18/80 45 FR 48131 29 Correction notice.
310 CMR 7.05........ Sulfur-in-fuel..... 8/28/72 10/28/72 37 FR 23058 4
7/5/78 2/7/79 44 FR 7712 17 Approves the
burning of coal/
oil slurry at New
England Power
Company, Salem
Harbor Station,
MA.
310 CMR 7.05........ U Fuels All 8/9/12 9/19/13 78 FR 57487 137 Approves the sulfur
Districts. content of fuel
oil. The following
sections were not
submitted as part
of the SIP:
(1)(a)(3), (2),
(3), (4), (7),
(8), (9).
310 CMR 7.05(1)(a).. Sulfur content of 4/14/77 3/24/78 43 FR 12324 13 Approves the
fuels and control burning of 1% for
thereof for all but: Crane and
Berkshire APCD. Company Inc., and
Schweitzer
Division, Kimberly
Clark Corporation,
Columbia Mill.
[[Page 154]]
4/14/77 3/7/79 44 FR 12422 13 Approves the
8/11/78 burning of 2.2% at
8/31/78 Crane & Co., Inc.,
and Schweitzer
Division, Kimberly-
Clark Corp.,
Columbia Mill.
11/8/82 4/28/83 48 FR 19172 54 Approves burning of
2.2% at Esleek
Manufacturing
Company, Inc.,
provided the fuel
firing rate does
not exceed 137.5
gallons per hour.
310 CMR 7.05(1)(b).. Sulfur content of 6/25/76 2/15/77 42 FR 9176 10 Approves the
fuels and control burning of 2.2%
thereof for until 7/1/78 for
Central APCD. 100 mBtu sources
listed in 52.1126.
3/29/76 5/19/77 42 FR 25730 11 Approves burning of
5/25/76 2.2% at James
River Associates,
Inc. and part of
Fitchburg Paper
Company, April
through October.
November through
March, they are
limited to burning
1% sulfur-in-fuel
oil.
6/25/76 6/21/78 43 FR 26573 10 Extends expiration
8/22/77 date to 6/21/78.
3/2/79 7/16/79 44 FR 41180 24 Permanent extension
for certain
sources to burn
2.2% under
specified
conditions.
Sulfur content of 9/28/79 6/17/80 45 FR 40987 24 Approves the
fuels and control burning of 2.2% at
thereof for Fitchburg Paper
central APCD. (55 Meter stacks
only) for James
River,
Massachusetts,
Inc., year round.
3/20/80 9/10/80 45 FR 59578 31 Approves the
temporary burning
of 2.2% at Seaman
Paper Co.,
Templeton.
3/2/79 9/17/81 46 FR 46133 33 Approves the
5/5/81 burning of 2.2% at
Millers Falls
Paper Co.
310 CMR 7.05(1)(c).. Sulfur content of 6/4/76 12/30/76 41 FR 56804 8 Approves the
fuels and control burning of 2.2%
thereof for except at those
Merrimack Valley. sources listed in
52.1126.
1/28/76 7/12/77 42 FR 35830 8 Approves burning of
12/30/76 1.4% at Haverhill
Paperboard Corp.,
Haverhill, MA.
1/28/76 ........... ............ ..........
8/22/77 6/21/78 43 FR 26573 8 Extends expiration
12/30/76 date to 7/1/79.
12/28/78 5/21/79 44 FR 29453 20 Permanent extension
to burn 2.2%.
310 CMR 7.05(1)(d).. Sulfur content of 7/11/75 12/5/75 40 FR 56889 6 Approves burning of
fuels and control 9/16/75 1% for large
thereof for electric
Metropolitan generating
Boston APCD. facilities in
certain cities and
towns and 2.2% for
smaller
facilities.
Effective 7/1/75
to 7/1/77.
7/11/75 8/22/77 42 FR 42218 6 Extends expiration
4/1/77 date from 7/1/77
to 7/1/78 except
for Eastman
Gelatin Corp.,
which must burn
1%.
4/20/78 11/30/78 43 FR 56040 6 Extends expiration
date from 7/1/78
to 7/1/79.
[[Page 155]]
Sulfur content of 12/28/78 5/21/79 44 FR 29453 20 Permanent extension
fuels and control to burn 2.2%.
thereof for
Metropolitan
Boston APCD.
4/25/80 1/27/81 46 FR 8476 34 Approves the
burning of 2.2% at
Natick Paperboard
Corp.
11/25/80 8/11/81 46 FR 40688 38 Approves the
increase to 2.2%
at Boston Edison
Mystic Generating
Station for 30
months from 8/11/
81 (expires 2/11/
84).
7/14/81 12/16/81 46 FR 61123 41 Approves burning of
2.2% at Haverhill
Paper Corp.
11/27/79 12/15/80 45 FR 82251 32 Allows the burning
of 2.2% at Proctor
and Gamble.
9/24/81 12/15/81 46 FR 61118 43 Approves burning of
2.2% at Eastman
Gelatin Corp.
12/7/83 9/25/84 49 FR 37592 65 Approves burning of
2.2% at Boston
Edison Mystic
Generating Station
until 3/25/87.
310 CMR 7.05(1)(e).. Sulfur content of 7/22/77 2/1/77 42 FR 5957 9 Approves 2.2%
fuels and control except for sources
thereof for listed in 52.1125.
Pioneer Valley
APCDs.
7/22/76 ........... ............ ..........
8/22/77 6/21/78 43 FR 26573 9 Extends expiration
12/27/77 date to 7/1/79.
1/3/79 5/21/79 44 FR 29453 21 Permanent extension
to burn 2.2%
3/2/80 1/19/81 45 FR 4918 33 Approves the
burning of 2.2% at
all sources in
Franklin and
Hampshire Counties
rated at less than
100 mBtu except
Esleek
Manufacturing Co.,
and Millers Falls
Paper Co.
10/13/81 2/10/82 47 FR 6011 45 Approves the
burning of 2.2% at
Holyoke Gas and
Electric
Department,
Holyoke, MA.
7/18/84 2/15/90 55 FR 5449 77 Approves the
4/17/85 burning of 2.2%
3/16/87 and imposes fuel
11/25/87 use limits at
American Fiber and
Finishing Co.,
Erving Paper Co.,
and Westfield
River Paper Co.
310 CMR 7.05(1)(f).. Sulfur content of 12/30/76 9/2/77 42 FR 44235 12 Approves burning of
fuels and control 2.2% for sources
thereof for listed in 52.1126,
Southeastern APCD. all others must
continue to burn
1%.
12/30/76 9/8/78 43 FR 40010 12 Extends expiration
1/31/78 date from 5/1/78
to 7/1/79.
1/31/79 5/21/79 44 FR 29453 22 Permanent extension
to burn 2.2%.
310 CMR 7.05(2)..... U Fuels All 9/14/06 5/29/14 79 FR 30737 141 Removed landfill
Districts; U Use gas from
of Residual Fuel requirements of
Oil or Hazardous section.
Waste Fuel.
310 CMR 7.05(4)..... Ash content of 1/3/79 5/21/79 44 FR 29453 21
fuels for Pioneer
Valley for APCD.
[[Page 156]]
Ash content of 7/20/79 5/21/79 44 FR 29453 23
fuels for
Metropolitan
Boston APCD.
Ash content of 12/3/85 11/25/86 51 FR 42564 69 Includes Berkshire
fuels. 1/31/86 Air Pollution
2/11/86 Control District
to 7.05(4)(b)(2)
so facilities in
that district can
apply to burn
fossil fuel with
an ash content in
excess of 9 pct
bydry weight.
310 CMR 7.06........ Visible emissions.. 8/28/72 10/28/72 37 FR 23085 4
7/5/78 2/7/79 44 FR 7712 17 Approves New
England Power
Company, Salem
Harbor Station to
burn a coal oil
slurry.
12/28/79 8/12/80 45 FR 53476 17 Extension of
temporary revision
to allow
exceedance of 20%
capacity limit at
New England Power
Company's Salem
Harbor Station,
Salem, MA Unit 1
so can burn 30%
coal/70% oil
mixture until 12/
31/80.
310 CMR 7.07........ Open burning....... 12/9/77 9/29/78 43 FR 44841 16 Two revisions with
conditions to
permit open
burning of brush
cane, driftwood
and forest debris
for 2 months of
the year.
Open burning....... 9/28/79 6/17/80 45 FR 40987 27 Approves open
burning (as in (c)
16) from 1/15 to 5/
1 in certain areas
of the State.
310 CMR 7.08........ Incinerators....... 8/28/72 10/28/72 37 FR 23085 4
310 CMR 7.08(2), MWC NOX 1/11/99 9/2/99 64 FR 48098 119 Only approved NOX
except sections: requirements. related
(a); the definition requirements of
of ``Material state plan for
Separation Plan'' MWCs. The
in (c); (d)1; (d)2; following sections
(d)3; (d)4; (d)5; were not submitted
(d)6; (d)8; (f)1; as part of the
(f)2; (f)5; (f)6; SIP: (a), the
(f)7; (g)1; (g)2; definition of
(g)3; (g)4; (h)2.a; ``Material
(h)2.b; (h)2.d; Separation Plan''
(h)2.e; (h)2.g; in (c), (d)1,
(h)2.h; (h)4; (d)2, (d)3, (d)4,
(h)5.a; (h)5.c; (d)5, (d)6, (d)8,
(h)5.d; (h)9; (f)1, (f)2, (f)5,
(h)10; (h)13; (f)6, (f)7, (g)1,
(i)1.b; (i)1.g; (g)2, (g)3, (g)4,
(i)2.c; (i)2.d; (h)2.a, (h)2.b,
(i)2.e; and (k)3.. (h)2.d, (h)2.e,
(h)2.g, (h)2.h,
(h)4, (h)5.a,
(h)5.c, (h)5.d,
(h)9, (h)10,
(h)13, (i)1.b,
(i)1.g, (i)2.c,
(i)2.d, (i)2.e,
and (k)3.
310 CMR 7.08(2)..... MWC NOX 8/9/12 9/19/13 78 FR 57487 137 Facility specific
requirements. MWC Emission
Control Plan for
Wheelabrator
Saugus revises the
NOX limits to 185
ppm by volume at
7% O2 dry basis
(30-day rolling
average).
310 CMR 7.09........ Dust and odor...... 8/28/72 10/28/72 37 FR 23085 4
[[Page 157]]
12/9/77 9/29/78 43 FR 44841 16 Adds a requirement
that mechanized
street sweeping
equipment must be
equipped and
operated with a
suitable dust
collector or
suppression
system.
310 CMR 7.12........ Inspection 6/28/90; 3/21/96 61 FR 11560 106 The 6/28/90 and 9/
Certificate Record 9/30/92; 30/92 submittals
Keeping and 7/15/94 deal with the
Reporting. permitting
process. The 7/15/
94 submittal
develops 7.12 to
comply with
emission statement
requirements.
310 CMR 7.12........ U Source 5/31/01, 4/24/14 79 FR 22774 140 Revises
Registration. 8/23/05 & applicability
11/13/07 threshold emission
levels, expands
list of sources
required to report
emissions, and
clarifies types of
information
reported.
310 CMR 7.12........ U Source 5/10/2018 4/3/2019 84 FR 7299 Revisions made to
Registration. existing
requirements and
procedures for
emissions
reporting.
310 CMR 7.14(2)..... Continuous 11/21/86 3/10/89 54 FR 10148 72 References 40 CFR
Emissions 1/15/85 part 51, Appendix
Monitoring. P.
310 CMR 7.14(3)..... Continuous 11/21/86 3/10/89 54 FR 10148 72 Establishes
Emissions 1/15/87 compliance date
Monitoring. for meeting the
requirements of
7.14(2).
310 CMR 7.15........ Asbestos 8/28/72 10/28/72 37 FR 23085 4
application.
310 CMR 7.16........ Reduction to single 5/20/77 5/25/78 43 FR 22356 15 For Pioneer Valley
passenger commuter APCD.
vehicle use.
12/31/78 9/16/80 45 FR 61293 .......... Reduction of single
5/16/79 occupant commuter
vehicles.
310 CMR 7.17........ Coal conversion.... 9/7/78 5/14/79 44 FR 27991 19 Brayton Point
Station, New
England Power
Company.
1/22/82 6/9/82 47 FR 25007 49 Mount Tom Plant,
Holyoke, MA
Holyoke Water
Power Company.
310 CMR 7.18(1)..... U Applicability and 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR
Handling CMR 7.18(1), (a),
Requirements. (c), (d) and (e).
310 CMR 7.18(1)(a), U Applicability and 9/14/06 5/29/14 79 FR 30737 141 Added requirements
(c)-(f).. Handling for proper storage
Requirements. of volatile
organic compounds.
310 CMR 7.18(1)(d) U Applicability and 7/10/14 10/9/15 80 FR 61101 142 Revisions made to
and (f).. Handling clarify
Requirements. applicability
requirements.
310 CMR 7.18(2)..... U Compliance with 8/27/82; 1/11/93 58 FR 3495 93 Approval of 310 CMR
Emission 8/17/89; 7.18(2), (2)(a),
Limitations. 6/7/91 (2)(b), (2)(c) and
(2)(e).
310 CMR 7.18(2)..... Compliance with 2/17/93 9/3/1999 64 FR 48304 c(117) Adds an exemption
emission for coatings used
limitations. in small amounts,
and a section on
daily weighted
averaging.
310 CMR 7.18(2)..... U Compliance with 9/14/06 5/29/14 79 FR 30737 141 Addition of daily
Emission weighted averaging
Limitations. provision.
310 CMR 7.18(2)(b).. Generic VOC bubble 3/6/81 3/29/82 47 FR 13143 42 Includes surface
for surface 11/12/81 coating of metal
coaters. cans, large
appliances, magnet
wire insulation,
automobiles, paper
fabric and vinyl.
Generic VOC bubble 6/24/80 7/12/82 47 FR 30060 47 Adds metal coils.
for surface
coaters.
[[Page 158]]
Generic VOC bubble 3/29/95 8/8/96 61 FR 41338 112 Replaces earlier
for surface emissions
coaters. averaging rules
for surface
coaters.
7/21/81 6/2/82 47 FR 23927 48 Adds miscellaneous
3/10/81 metal parts and
products and
graphic arts-
rotogravure and
flexography.
9/9/82 2/3/83 48 FR 5014 53 Adds metal
furniture.
310 CMR 7.18(2)(b), U Compliance with 7/10/14 10/9/15 80 FR 61101 142 Revisions made
(e), (f).. Emission clarifying
Limitations. eligibility for
bubbling coating
lines together for
compliance
purposes.
310 CMR 7.18 (2)(e). Compliance with ......... 3/6/89 54 FR 9213 .......... Testing
emission requirements for
limitations. plan approvals
issued under 310
CMR 7.18(17).
310 CMR 7.18(3)..... Metal furniture 12/31/78 9/16/80 45 FR 61293 30
surface coating. 5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(3)..... U Metal Furniture 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Surface Coating. 6/7/91 CMR 7.18(3).
310 CMR 7.18(3)(a).. U Metal Furniture 9/14/06 5/29/14 79 FR 30737 141 Minor wording
Coating. change.
310 CMR 7.18(4)..... Metal can surface 12/31/78 9/16/80 45 FR 61293 30
coating. 5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(4)..... U Metal Can Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(4).
310 CMR 7.18(4)(a).. U Metal Can Surface 9/14/06 5/29/14 79 FR 30737 141 Minor wording
Coating. change.
310 CMR 7.18(5)..... Large appliances 12/31/78 9/16/80 45 FR 61293 30
surface coating. 5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(5)..... U Large Appliance 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Surface Coating. 6/7/91 CMR 7.18(5).
310 CMR 7.18(6)..... Magnet wire 12/31/78 9/16/80 45 FR 61293 30
insulation surface 5/16/79
coating.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(6)..... U Magnet Wire 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Insulation Surface 6/7/91 CMR 7.18(6).
Coating.
310 CMR 7.18(7)..... Automobile surface 12/31/78 9/16/80 45 FR 61293 30
coating. 5/16/79
9/9/82 11/9/83 45 FR 51480 53 Adds test methods.
310 CMR 7.18(7)..... Automobile Surface 8/17/89, 10/8/92 57 FR 46316 92
Coating. 6/7/91
310 CMR 7.18(7)..... Automobile surface 2/17/93 9/3/1999 64 FR 48304 c(117) Revises a limit for
coating. primer surface
coating.
310 CMR 7.18(8)..... Solvent metal 12/31/78 9/16/80 45 FR 61293 30 Conditional
degreasing. 5/16/79 approval requiring
controls for small
solvent metal
degreasers.
8/13/83 11/9/83 48 FR 51480 53 Approves public
education program
for small
degreasers and
removes
conditional
approval.
310 CMR 7.18(8)..... Solvent Metal 2/17/93 9/3/1999 64 FR 48304 c(117) Adds a
Degreasing. typographical
correction.
310 CMR 7.18(8)..... U Solvent Metal 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR
Degreasing. 7.18(8), (8)(d),
(8)(d)1., (8)(e),
(8)(f) and (8)(g).
[[Page 159]]
310 CMR 7.18(8)..... U Solvent Metal 6/7/91 6/30/93 58 FR 34911 58 Approval of 310 CMR
Degreasing. 7.18 (8), (8)(a),
(8)(a)1.,
(8)(a)2.,
(8)(a)3.,
(8)(a)4.,
(8)(a)5.,
(8)(a)6., (8)(b),
(8)(b)1.,
(8)(b)2.,
(8)(b)3.,
(8)(b)4.,
(8)(b)5.,
(8)(b)6.,
(8)(b)7.,
(8)(b)8.,
(8)(b)9.,
(8)(b)10.,
(8)(b)11.,
(8)(b)12.,
(8)(b)13., (8)(c),
(8)(c)1.,
(8)(c)2.,
(8)(c)3.,
(8)(c)4.,
(8)(c)5.,
(8)(c)6.,
(8)(c)7.,
(8)(c)8.,
(8)(c)9.,
(8)(d)2., (8)(d)3.
310 CMR 7.18(8)..... Solvent Metal 6/1/10 9/13/2013 78 FR 54960 138
Degreasing.
310 CMR 7.18(9)..... Cutback asphalt.... 12/31/78 9/16/80 45 FR 61293 30
5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds an exemption.
310 CMR 7.18(9)..... U Cutback Asphalt.. 8/17/89 1/11/93 58 FR 3495 93 Replacement of 310
CMR 7.18(9).
310 CMR 7.18(10).... Surface coating of 6/24/80 7/12/82 47 FR 30060 47 Approves and adds
metal coils. to 310 CMR
7.18(2)(b).
9/9/82 11/9/83 48 FR 51480 53 Adds test methods
and removes
extended
compliance
schedule.
310 CMR 7.18(10).... U Metal Coil 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(10).
310 CMR 7.18(11).... Surface coating of 7/21/81 6/2/82 47 FR 23927 48 Adds to 310 CMR
miscellaneous 3/10/82 7.18(2)(b).
metal parts and
products.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(11).... Surface coating of 2/17/93 9/3/1999 64 FR 48304 c(117) Revises a
miscellaneous reference.
metal parts and
products.
310 CMR 7.18(11).... U Surface Coating 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR
of Miscellaneous 7.18(11), (11)(b),
Metal Parts and (11)(c), (11)(d)
Products. and (11)(e).
310 CMR 7.18(11).... U Surface Coating 6/7/91 6/30/93 58 FR 34911 58 Approval of 310 CMR
of Miscellaneous 7.18 (11),
Metal Parts and (11)(a),
Products. (11)(a)1.,
(11)(a)2.,
(11)(a)3.
310 CMR 7.18(11)(a)- U Surface Coating 9/14/06 5/29/14 79 FR 30737 141 Wording revision to
(d)4.. of Miscellaneous clarify exemption
Metal Parts and requirements.
Products.
310 CMR 7.18(12).... Graphic arts....... 2/17/93 9/3/1999 64 FR 48304 c(117) Amends
applicability to
50 tons per year
VOC.
310 CMR 7.18(12).... Graphic arts- 7/21/81 6/2/82 47 FR 23927 48 Adds to 310 CMR
rotogravure and 3/10/82 7.18(2)(b).
flexography.
9/9/82 11/9/83 48 FR 51480 53
310 CMR 7.18(12).... U Graphic Arts..... 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
6/7/91 CMR 7.18(12).
310 CMR 7.18(13).... Perchloroethylene 7/21/81 6/2/82 47 FR 23927 48
dry cleaning 3/10/82
systems.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(13).... U Dry Cleaning 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR
Systems-Percholor- 7.18(13), (13)(c),
ethylene. (13)(d) and
(13)(e). 310 CMR
7.18(13)(a) 8. has
been deleted.
[[Page 160]]
310 CMR 7.18(14).... Paper surface 3/6/81 3/8/82 47 FR 9836 40
coating.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(14).... U Paper Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(14).
310 CMR 7.18(15).... Fabric surface 3/6/81 3/8/82 47 FR 9836 40
coating.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(15).... U Fabric Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(15).
310 CMR 7.18(16).... Vinyl surface 3/6/81 3/8/82 47 FR 9836 40
coating.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(16).... U Vinyl Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(16).
310 CMR 7.18(17).... RACT............... 9/9/82 11/9/83 48 FR 51480 53 All 100 ton per
year sources not
covered by a CTG.
RACT............... ......... 3/6/89 54 FR 9213 .......... Enforceability of
plan approvals
issued under 310
CMR 7.18(17).
6/20/89 11/3/89 54 FR 46388 81 RACT for Cranston
Print Works
Company dated June
20, 1989.
7/12/89 11/8/89 54 FR 46895 80 RACT for Spalding
Corporation Plan
Approval dated
October 7, 1985
and amended Plan
Approval dated
July 12, 1989.
8/8/89 11/8/89 54 FR 46897 82 RACT for Duro
Textile Printers
(SM-85-168-IF).
6/20/89 2/21/90 55 FR 5990 79 RACT Compliance
Plan Conditional
Approval for
Monsanto Chemical
Company in Indian
Orchard dated 6/20/
89.
11/17/89 8/3/90 55 FR 31590 85 RACT for Boston
Whaler in Norwell.
Amended Plan
Approval 4P89005
dated October 19,
1989 and Plan
Approval 4P89005
Correction dated
Nov. 17, 1989.
11/17/89 8/3/90 55 FR 31593 86 RACT for Boston
Whaler in
Rockland. Amended
Plan Approval
(4P89006) dated
October 19, 1989
and Plan Approval
4P89006 Correction
dated November 17,
1989.
Non-CTG RACT 11/2/89 11/27/90 55 FR 34915 87 RACT for Philips
determination. Lighting Company
in Lynn, MA, dated
November 2, 1989.
RACT............... 7/9/90 2/19/91 56 FR 6569 89 RACT for General
Motors Corporation
in Framingham.
Amended Plan
Approval dated
June 8, 1990.
RACT............... 6/13/90 2/27/91 56 FR 8132 88 RACT for Acushnet
Company, Titleist
Golf Division,
Plant A in New
Bedford. Amended
Plan Approval
dated June 1,
1990.
RACT............... 10/16/90 3/20/91 56 FR 11677 90 RACT for Erving
Paper Mills.
[[Page 161]]
RACT............... 4/22/90 10/8/91 56 FR 50660 91 RACT amendment for
Erving.
310 CMR 7.18(17).... RACT............... 5/13/91 12/14/92 57 FR 58993 95 RACT for Dartmouth
Finishing
Corporation.
310 CMR 7.18(17).... U Reasonable 8/17/89; 1/11/93 58 FR 3495 93 Approval of 310 CMR
Available Control 6/7/91 7.18(17), (17)(a),
Technology. (17)(b), (17)(c),
(17)(d), (17)(e)
and (17)(f).
310 CMR 7.18(17).... RACT............... 5/22/92 7/28/94 59 FR 38374 (99) RACT Approval for
S. Bent & Bros.
310 CMR 7.18(17).... RACT............... 7/19/93 1/6/95 60 FR 2017 100 RACT Approval for
1993 Nichols & Stone
Co.
310 CMR 7.18(17).... Reasonably 3/31/94 3/6/95 60 FR 12125 104 RACT for Brittany
Available Control Dyeing and
Technology. Finishing of New
Bedford, MA.
310 CMR 7.18(17).... Reasonable 2/17/93 9/3/1999 64 FR 48304 c(117) Adds new VOC RACT
available control requirements in
technology. the Springfield,
Mass. ozone
nonattainment area
only.
310 CMR 7.18(17).... Reasonable 2/17/93 10/4/02 67 FR 62183 129 Approves VOC RACT
Available Control requirements for
Technology. the eastern
Massachusetts
ozone
nonattainment
area. (These
requirements were
previously
approved for the
western
Massachusetts
ozone
nonattainment
area.)
310 CMR 7.18(17).... Reasonable 10/7/99 10/4/02 67 FR 62183 129 VOC RACT plan
Available Control approval for
Technology. Gilette.
310 CMR 7.18(17).... Reasonable 10/7/99 10/4/02 67 FR 62183 129 VOC RACT plan
Available Control approval for
Technology. Norton.
310 CMR 7.18(17).... Reasonable 4/16/99 10/4/02 67 FR 62183 129 VOC RACT plan
Available Control approval for Rex.
Technology.
310 CMR 7.18(17).... Reasonable 4/16/99 10/4/02 67 FR 62183 129 VOC RACT plan
Available Control Available for
Technology. Barnet.
310 CMR 7.18(18).... Polystyrene Resin 2/21/86; 8/31/87 52 FR 32792 73 Regulation pursuant
Manufacture. 2/25/86; to Group III CTG,
6/23/86 ``Control of VOC
Emissions from the
Manufacture of
Polystyrene
Resins''.
310 CMR 7.18(18).... U Polystyrene Resin 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Manufacturing 6/7/91 CMR 7.18(18).
Technology.
310 CMR 7.18(19).... Synthetic organic 11/5/86; 11/19/87 52 FR 44395 74
chemical 12/10/86
manufacture.
310 CMR 7.18(19)(h), Synthetic Organic 9/14/06 5/29/14 79 FR 30737 141 Clarification of
(i). Chemical quarterly
Manufacture. reporting
submittal date.
310 CMR 7.18(20).... Emission Control 2/17/93 9/3/1999 64 FR 48304 c(117) Adds new VOC RACT
Plans for requirements.
implementa-tion of
reasonably
available control
technology.
310 CMR 7.18(20).... Emission Control 9/14/06 5/29/14 79 FR 30737 141 Clarification of
Plans for exemption
Implementation requirements, and
Reasonably inclusion of
Available Control provision allowing
Technology. for additional
requirements such
as stack testing
or emissions
monitoring.
[[Page 162]]
310 CMR 7.18(20)(a), Emission Control 7/10/14 10/9/15 80 FR 61101 142 Clarification of
(b). Plans for entities required
Implementation of to submit emission
RACT. control plans.
310 CMR 7.18(21).... Surface coating of 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
plastic parts. plastic parts
surface coating.
310 CMR 7.18(21)(a)- Surface Coating of 9/14/06 5/29/14 79 FR 30737 141 Added language
(d), (f)-(i). Plastic Parts. strengthening
compliance
obligations.
310 CMR 7.18(22).... Leather surface 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
coating. leather surface
coating.
310 CMR 7.18(22)(a)- Leather Surface 9/14/06 5/29/14 79 FR 30737 141 Added language
(c). Coating. strengthening
compliance
obligations.
310 CMR 7.18(23).... Wood products 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
surface coating. wood product
surface coating.
310 CMR 7.18(23)(b)- Wood Products 9/14/06 5/29/14 79 FR 30737 141 Added language
(i). Surface Coating. strengthening
compliance
obligations.
310 CMR 7.18(24).... Flat wood paneling 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
surface coating. flat wood paneling
surface coating.
310 CMR 7.18(24)(a)- Flat Wood Paneling 9/14/06 5/29/14 79 FR 30737 141 Added language
(c), (h), (i). Surface Coating. strengthening
compliance
obligations.
310 CMR 7.18(25).... Offset lithographic 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
printing. offset
lithographic
printing.
310 CMR 7.18(25)(a)- Offset Lithographic 9/14/06 5/29/14 79 FR 30737 141 Added language
(c). Printing. strengthening
compliance
obligations.
310 CMR 7.18(26).... Textile finishing 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
textile finishing.
310 CMR 7.18(26)(c)- Textile Finishing.. 9/14/06 5/29/14 79 FR 30737 141 Added language
(i). strengthening
compliance
obligations.
310 CMR 7.18(27).... Coating mixing 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
tanks. coating mixing
tanks.
310 CMR 7.18(27).... Coating Mixing 9/14/06 5/29/14 79 FR 30737 141 Minor wording
Tanks. changes to improve
clarity of
regulation.
310 CMR 7.18(28).... Automotive 01/09/95 2/14/96 61 FR 5699 109 Reasonably
Refinishing. Available Control
Technology
Requirement (RACT)
for automotive
refinishing.
310 CMR 7.18(28).... Automotive 9/14/06 5/29/14 79 FR 30737 141 New emission
Refinishing. limits, labeling,
recordkeeping
requirements, and
exemptions added.
310 CMR 7.18(29).... Bakeries........... 03/29/95 7/5/00 65 FR 41346 110 Reasonably
Available Control
Technology
Requirement (RACT)
for bakeries.
310 CMR Bakeries........... 9/14/06 5/29/14 79 FR 30737 141 Updated cross
7.18(29)(c)(2). reference.
310 CMR 7.18(30).... Adhesives and 7/10/14 10/9/15 80 FR 61101 142 Regulation limiting
Sealants. emissions from
adhesives and
sealants.
310 CMR 7.19........ Interim sulfur-in- 9/12/80 3/19/81 46 FR 17551 37 Energy/environment
fuel limitations initiative.
for fossil fuel
utilization
facilities pending
conversion to an
alternate fuel or
implementation of
permanent energy
conservation
measures.
[[Page 163]]
12/29/81 4/13/82 47 FR 15790 46 ATF Davidson
Company,
Northbridge, MA
temporary sulfur-
in-fuel revision
until 12/1/83.
9/28/82 12/1/82 47 FR 54072 52 Polaroid Corp.,
Waltham, MA
temporary sulfur/
in/fuel relaxation
until 6/1/85.
......... 6/2/83 48 FR 24689 52 Correction notice.
9/29/82 11/23/82 47 FR 52704 51 Northeast Petroleum
Corp., Chelsea, MA
sulfur content
increase from 0.28
to 0.55 lbs/mBtu
heat release
potential
permanently.
4/4/83 3/23/84 49 FR 11092 59 Stanley Woolen Co.,
Uxbridge, to burn
2.2% until 9/23/
86.
10/31/83 3/23/84 49 FR 11091 61 Reed and Barton
Silversmiths,
Taunton, to burn
2.2% until 9/23/
86.
11/16/83 7/30/84 49 FR 30306 62 ATF Davidson
Company,
Northbridge, to
burn 2.2%
permanently.
2/2/84 6/15/84 49 FR 24723 63 American Biltrite
Corporation,
Chelsea, to burn
1.0% until 12/15/
86.
7/11/84 9/25/84 49 FR 37591 67 James River
Corporation, Hyde
Park Mill, Boston
to burn 2.2% until
3/25/87.
2/8/85, 4/1/86 51 FR 11021 68 Phillips Academy,
10/23/85 Andover, MA to
burn 2.2% until
September 1, 1988.
Interim sulfur-in- 2/19/86 8/12/86 51 FR 28814 70 Mary Ellen
fuel limitations McCormick and
for fossil fuel Malverick Family
utilities pending Development
conversion to an facilities in the
alternative fuel Boston Housing
or implementation Authority, Boston
of permanent to burn 2.2% until
energy February 12, 1989.
conservation
measures.
5/12/86 11/25/86 51 FR 42565 71 Mission Hill
Extension Family
Development
facility, in the
Boston Housing
Authority, Boston,
MA to burn 2.2%
until May 25,
1989.
310 CMR 7.19........ NOX RACT........... 7/15/94 9/2/99 64 FR 48098 119 NOX RACT
regulations.
310 CMR 7.19........ NOX RACT........... 10/4/96 9/2/99 64 FR 48098 119 Facility specific
NOX RACT for
Specialty
Minerals,
Incorporated.
310 CMR 7.19........ NOX RACT........... 12/2/96 9/2/99 64 FR 48098 119 Facility specific
NOX RACT for
Monsanto Company's
Indian Orchard
facility.
310 CMR 7.19........ NOX RACT........... 4/16/99 9/2/99 64 FR 48098 119 Facility specific
NOX RACT for
Turners Falls
Limited
Partnership/Indeck
Energy Services
Turners Falls,
Inc., in Montague.
310 CMR 7.19........ NOX RACT........... 4/16/99 9/2/99 64 FR 48099 119 Facility specific
NOX RACT for
Medusa Minerals
Company in Lee.
[[Page 164]]
310 CMR 7.19........ NOX RACT........... 4/16/99 9/2/99 64 FR 48099 119 Approval of the
replacement of
section 310 CMR
7.19(1)(c)1,
(1)(c)8, (2)(b),
(3)(a), (3)(c)2,
(4)(a)3.b,
(7)(a)4, (9),
(13)(a), (13)(a)3,
(13)(a)9, and
(13)(a)13.
310 CMR 7.19........ NOX RACT........... 12/30/11 9/19/13 78 FR 57487 137 Facility specific
NOX RACT for
General Electric
Aviation Boiler
No. 3 to cap
annual SO2 and NOX
emissions at 249.0
tons each.
310 CMR NOx RACT........... 7/10/14 10/9/15 80 FR 61101 142 Update made to
7.19(1)(c)(9). section 1,
applicability.
310 CMR NOX RACT........... 8/9/01; 1/ 5/29/14 79 FR 30737 141 Updates to sections
7.19(1)(c)(9), 18/02 pertaining to
(4)(b)(3)d, (f), applicability,
(5)d. large boilers, and
medium size
boilers.
310 CMR 7.19 (2)(d). Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds credit
bubbling and creation option
trading for RACT for NOX RACT
sources. sources.
310 CMR 7.19 (2)(g). Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds credit use
bubbling and option for NOX
trading for RACT RACT sources.
sources.
310 CMR 7.19(13)(a), NOX RACT........... 9/14/06 5/29/14 79 FR 30737 141 Updates to
(c). applicability and
stack testing
requirements.
310 CMR 7.19(13)(b). Continuous 11/19/99 12/27/00 65 FR 81747 124 revisions to
Emissions regulatory
Monitoring Systems. language.
310 CMR 7.19 (14)... Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds
bubbling for RACT quantification,
sources. testing,
monitoring, record
keeping,
reporting, and
emission control
plan requirements
for averaging NOX
RACT sources.
310 CMR 7.24........ U Organic Material 6/7/91, 6/30/93 58 FR 34911 58 Replacement of 310
Storage and 11/13/92, CMR 7.24, 7.24(1),
Distribution. 2/17/93 7.24(2), 7.24(3),
and 7.24(4).
310 CMR 7.24(1)..... U Organic Material 9/14/06 5/29/14 79 FR 30737 141 Updates to
Storage and requirements for
Distribution. organic material
storage tanks,
effective 9/23/05.
310 CMR 7.24(3)..... Distribution of 2/17/93 9/3/1999 64 FR 48304 c(117) Amends distribution
motor vehicle fuel. of motor fuel
requirements,
applicability,
recordkeeping and
testing
requirements.
310 CMR 7.24(3)..... Distribution of 5/5/15 11/29/16 81 FR 85901 144 Revised to require
Motor Vehicle Fuel. Stage I Enhanced
Vapor Recovery
systems certified
by the California
Air Resources
Board.
310 CMR 7.24(4)..... U Organic Material 9/14/06 5/29/14 79 FR 30737 141 Updates to
Storage and requirements for
Distribution. motor vehicle fuel
tank trucks,
effective 6/2/06.
310 CMR 7.24(4)..... Motor Vehicle Fuel 5/5/15 11/29/16 81 FR 85901 144 Revised to make
Tank Trucks. minor clarifying
amendments.
310 CMR 7.24(5)(b)2. Revision to 10/16/89 4/19/90 55 FR 14832 83
gasoline
volatility testing
regulation.
310 CMR 7.24(6)..... ``Dispensing of 05/17/90, 12/14/92 57 FR 58996 97
Motor Vehicle 06/07/91
Fuel'' (Stage II).
[[Page 165]]
310 CMR 7.24(6)..... Dispensing of motor 2/17/93 9/15/93 58 FR 48318 98 Previous version of
vehicle fuel. rule approved as
strengthening the
Massachusetts SIP.
Revised rule being
approved as
meeting the Clean
Air Act
requirements.
310 CMR 7.24(6)..... Dispensing Motor 08/09/00 12/18/00 65 FR 78976 116 Rule revised to
Vehicle Fuel. 09/11/00 include annual
compliance testing
and certification.
310 CMR 7.24(6)..... Dispensing of Motor 6/1/10 9/13/2013 78 FR 54960 138
Vehicle Fuel.
310 CMR 7.24(6)..... Dispensing of Motor 5/5/15 11/29/16 81 FR 85901 144 Revised to require
Vehicle Fuel. the
decommissioning of
Stage II vapor
recovery systems.
310 CMR 7.24(8)..... Marine Volatile 10/17/97 4/11/00 65 FR 19326 115
Organic Liquid
Transfer.
310 CMR 7.25........ Best available 11/18/94 12/19/95 60 FR 65242 108 Includes
controls for architectural &
consumer and industrial
commercial maintenance
products. coatings.
310 CMR 7.25........ Best Available 7/30/96 4/11/00 65 FR 19327 115 Definition of
Controls for ``waterproofing
Consumer and sealer'' revised.
Commercial
Products.
310 CMR 7.25........ Best Available 6/1/10 10/9/15 80 FR 61101 142 Amended existing
Controls for consumer products
Consumer and related
Commercial requirements,
Products. added provisions
concerning AIM
coatings.
310 CMR 7.26........ Industry 12/30/11 9/19/13 78 FR 57487 137 Only approving the
Performance Outdoor Hydronic
Standards. Heaters (50)-(54).
310 CMR 7.26(30)- Industry 11/13/07 4/24/14 79 FR 22774 140 Sets standards for
(37). Performance certain types of
Standards--U new boilers:
Boilers. replaces
requirements to
obtain a plan
approval under 310
CMR 7.02(2).
310 CMR 7.27........ NOX Allowance 12/19/97 6/2/99 64 FR 29569 (c)(118) Approval of NOx cap
Program. and allowance
trading
regulations
11/19/99 12/27/00 65 FR 81747 124 adding paragraphs
7.27(6)(m),
7.27(9)(b),
7.27(11)(o),
7.27(11)(p) and
7.27(15)(e).
310 CMR 7.28........ NOX Allowance January 12/27/00 65 FR 81747 124
Trading Program. 7, 2000
310 CMR 7.28........ NOX Allowance 03/30/07 12/3/07 72 FR 67854 135
Trading Program.
................... 03/30/07 12/3/07 72 FR 67854 135 Massachusetts
Regulation Filing,
dated April 19,
2007, sub-
stantiating May 4,
2007, State
effective date for
amended 310 CMR
7.28 ``NOX
Allowance Trading
Program.''
310 CMR 7.29........ Emissions Standards 8/9/2012 9/19/13 78 FR 57487 137 Only approving the
for Power Plants. SO2 and NOX
requirements.
[[Page 166]]
310 CMR 7.29........ Emission Standards 8/9/2012 9/19/13 78 FR 57487 137 Facility specific
for Power Plants. Emission Control
Plan requirement
for Brayton Point
Station Unit 1, 2,
3, and 4 which
disallows the use
of 310 CMR 7.29
SO2 Early
Reduction Credits
or Federal Acid
Rain allowances
for compliance
with 310 CMR 7.29
after June 1,
2014.
310 CMR 7.29........ Emission Standards 8/9/2012 9/19/13 78 FR 57487 137 Facility specific
for Power Plants. Emission Control
Plan requirement
for Mt. Tom
Station which
disallows the use
of 310 CMR 7.29
SO2 Early
Reduction Credits
or Federal Acid
Rain allowances
for compliance
with 310 CMR 7.29
after October 1,
2009.
310 CMR 7.29........ Emission Standards 8/9/2012 9/19/13 78 FR 57487 137 Facility specific
for Power Plants. Emission Control
Plan for Salem
Harbor Station
Units 1, 2, 3, and
4 which limits NOX
emissions from
Unit 1 to 276 tons
per rolling 12
month period
starting 1/1/2012,
limits NOX
emissions for Unit
2 to 50 tons per
rolling 12 month
period starting 1/
1/2012, limits SO2
emissions form
Unit 2 to 300 tons
per rolling 12
month period
starting 1/1/2012,
shuts down units 3
and 4 effective 6/
1/2014.
310 CMR 7.30........ Massport/Logan 12/26/00 March 12, 66 FR 14319 130 Applies to the
Airport Parking 2001 parking of motor
Freeze. vehicles on
Massport property.
310 CMR 7.31........ City of Boston/East 12/26/00 March 12, 66 FR 14319 130 Applies to the
Boston Parking 2001 parking of motor
Freeze. vehicles within
the area of East
Boston.
310 CMR 7.32........ Massachusetts Clean 03/30/07 12/3/07 72 FR 67854 135
Air Interstate
Rule (Mass CAIR).
................... 03/30/07 12/3/07 72 FR 67854 135 Mass-achusetts
Regulation Filing,
dated April 19,
2007, sub-
stantiating May 4,
2007, State
effective date for
adopted 310 CMR
7.32 `` Mass-
achusetts Clean
Air Interstate
Rule (Mass
CAIR).''
310 CMR 7.33........ City of Boston/ 7/30/93 10/15/96 61 FR 53633 111 Applies to the
South Boston parking of motor
Parking Freeze. vehicles within
the area of South
Boston, including
Massport property
in South Boston.
310 CMR 7.36........ Transit system 12/9/91 10/4/94 59 FR 50498 101 Transit system
improvements improvement
regulations. regulation for
Boston
metropolitan area.
[[Page 167]]
310 CMR 7.36........ Transit system 12/13/06 07/31/08 73 FR 44654 136 Amendments to
improvements Transit System
regulation. Improvements
Regulation.
................... 12/13/06 07/31/08 73 FR 44654 136 Massachusetts
Regulation Filing,
dated November 16,
2006,
substantiating
December 1, 2006,
State effective
date for amended
310 CMR 7.36
entitled ``Transit
System
Improvements.''
310 CMR 7.36........ Transit System 11/6/13 12/8/15 80 FR 76225 143 Removes from the
improvements. SIP the commitment
to design the Red
Line/Blue Line
Connector project.
310 CMR 7.37........ High occupancy 12/9/91 10/4/94 59 FR 50498 101 High occupancy
vehicle lanes vehicle lanes
regulation. regulation for
Boston
metropolitan area.
310 CMR 7.38........ Tunnel vent 1/30/91 10/8/92 57 FR 46312 96 Tunnel ventilation
certification certification
regulation. regulation for
Boston
metropolitan area.
310 CMR 7.38........ Tunnel vent 7/12/06 2/15/08 73 FR 8818 134 Amendments to
certification Certification of
regulation. Tunnel Ventilation
Systems in the
Metropolitan
Boston Air
Pollution Control
District.
7/12/06 2/15/08 73 FR 8818 134 Massachusetts
Regulation Filing,
dated December 13,
2005,
substantiating
December 30, 2005,
State effective
date for amended
310 CMR 7.38
``Certification of
Tunnel Ventilation
Systems in the
Metropolitan
Boston Air
Pollution Control
District.''
310 CMR 7.40........ Low emission 11/15/93 2/1/95 60 FR 6030 103 Substitute for
vehicle. 05/11/94 CFFP.
310 CMR 7.40........ Low Emission 12/24/99 12/23/02 67 FR 78181 132 ``Low Emission
Vehicle Program. Vehicle Program''
(LEV II) except
for 310 CMR
7.40(2)(a)5, 310
CMR 7.40(2)(a)6,
310 CMR
7.40(2)(c)3, 310
CMR 7.40(10), and
310 CMR 7.40(12)
310 CMR 7.50........ Variances, 9/14/74 10/8/76 41 FR 44395 7
regulations for
control of air
pollution in the
six MA APCDs.
9/14/74 2/4/77 42 FR 6812 7 Correction.
310 CMR 7.51........ Hearings relative 8/28/72 10/28/72 37 FR 23085 4
to orders and
approvals.
310 CMR 7.52........ Enforcement 8/28/72 10/28/72 37 FR 23085 4
provisions.
310 CMR 8........... Regulations for the 2/22/72 10/28/72 37 FR 23085 1
prevention and/or
abatement of air
pollution episode
and air pollution
incident
emergencies.
12/30/76 9/2/77 42 FR 44235 12 Changes significant
harm and alert
levels.
[[Page 168]]
310 CMR 8........... The Prevention and/ 2/9/2018 4/3/2019 84 FR 7299 .......... Incorporates full
or Abatement of version of 310 CMR
Air Pollution 8.00 into the
Episode and Air Massachusetts SIP,
Pollution Incident and converts
Emergencies. conditional
approval at Sec.
52.1119(a)(5) to
full approval.
310 CMR 8.02........ Definitions........ 7/25/90 10/04/02 67 FR 62187 120 Add a definition of
PM10.
310 CMR 8.03........ Criteria........... 7/25/90 10/04/02 67 FR 62187 120 Make PM10 the
particulate
criteria for
determining
emergeny episodes.
310 CMR 60.02....... Massachusetts Motor 6/1/09 1/25/13 78 FR 5300 137 Revises enhanced I/
Vehicle Emissions M test
Inspection and requirements to
Maintenance consist of ``OBD2-
Program. only'' testing
program. Approving
submitted
regulation with
the exception of
subsection 310 CMR
60.02(24)(f).
540 CMR 4.00........ Annual Safety and 6/1/09 1/25/13 78 FR 5300 137 Revises
Combined Safety requirements for
and Emissions inspections and
Inspection of All enforcement of I/M
Motor Vehicles, program.
Trailers, Semi-
trailers and
Converter Dollies.
M.G.L. c. 268A, Conduct of Public June 6, 12/21/16 81 FR 93630 147 Approved Section 6:
sections 6 and 6A. Officials and 2014 Financial interest
Employees. of state employee,
relative or
associates;
disclosure, and
Section 6A:
Conflict of
interest of public
official;
reporting
requirement.
----------------------------------------------------------------------------------------------------------------
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have
been part of the Federal SIP before this date.
2. The regulations are effective statewide unless stated otherwise in comments or title section.
[49 FR 49454, Dec. 20, 1984]
Editorial Note: For Federal Register citations affecting Sec.
52.1167, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1168 Certification of no sources.
The Commonwealth of Massachusetts has certified to the satisfaction
of EPA that no sources are located in the Commonwealth which are covered
by the following Control Techniques Guidelines:
(a) Large Petroleum Dry Cleaners.
(b) Natural Gas/Gasoline Processing Plants.
(c) Air Oxidation Processes/SOCMI.
(d) Polypropylene/Polyethylene Manufacturing.
[52 FR 32792, Aug. 31, 1987]
Sec. 52.1168a Part D--Disapproval of Rules and Regulations.
On December 30, 1985, the Massachusetts Department of Environmental
Quality Engineering (DEQE) submitted a revision to the Massachusetts
State Implementation Plan (SIP) for the automobile surface coating
regulation. This revision requested an extension of the final compliance
dates to implement reasonably available control technology (RACT) on
topcoat and final repair applications. As a result of EPA's disapproval
of this revision, the existing compliance date of December
[[Page 169]]
31, 1985 specified in the automobile surface coating regulation
contained in the Massachusetts SIP will remain in effect (Massachusetts
Regulation 310 CMR 7.18(7) as approved by EPA and codified at 40 CFR
52.1120(c)(30) and (53)).
[53 FR 36014, Sept. 16, 1988]
Sec. 52.1169 Stack height review.
The Commonwealth of Massachusetts has declared to the satisfaction
of EPA that no existing emission limitations have been affected by stack
height credits greater than good engineering practice or any other
prohibited dispersion technique as defined in EPA's stack height
regulations, as revised on July 8, 1985. This declaration was submitted
to EPA on April 8, 1986. The commonwealth has further declared in a
letter from Bruce K. Maillet, dated June 24, 1986, that, ``[A]s part of
our new source review activities under the Massachusetts SIP and our
delegated PSD authority, the Department of Environmental Quality
Engineering will follow EPA's stack height regulations, as revised in
the Federal Register on July 8, 1985 (50 FR 27892).'' Thus, the
Commonwealth has satisfactorily demonstrated that its regulations meet
40 CFR 51.118 and 51.164.
[52 FR 49407, Dec. 31, 1987]
Subpart X_Michigan
Sec. 52.1170 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Michigan under section 110 of the Clean
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air
Quality Standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c), (d), and (e) of this section with an EPA approval date prior to May
1, 2016, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c), (d), and (e) of this
section with the EPA approval dates after May 1, 2016, will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 5 certifies that the rules/regulations provided by
the EPA in the SIP compilation at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the officially promulgated state
rules/regulations which have been approved as part of the SIP as of May
1, 2016.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 5, Air Programs
Branch, 77 West Jackson Boulevard, Chicago, IL 60604, and the National
Archives and Records Administration. For information on the availability
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA approved regulations.
EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
State
Michigan citation Title effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Management
----------------------------------------------------------------------------------------------------------------
R 299.9109(p).................. Used oil......... 9/11/2000 4/17/2015, 80 FR 21183
----------------------------------------------------------------------------------------------------------------
Annual Reporting
----------------------------------------------------------------------------------------------------------------
R 336.202...................... Annual reports... 11/11/1986 3/8/1994, 59 FR 10752
----------------------------------------------------------------------------------------------------------------
[[Page 170]]
Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
R 336.1101..................... Definitions; A... 12/20/2016 3/12/2019, 84 FR 8809 All except for
(a) Act, (h) Air
pollution, and
(q) Aqueous
based parts
washer.
R 336.1102..................... Definitions; B... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1103..................... Definitions; C... 12/20/2016 3/12/2019, 84 FR 8809 All except for
(aa) Cold
cleaner.
R 336.1104..................... Definitions; D... 3/28/2008 12/16/2013, 78 FR 76064 R 336.1104.
R 336.1105..................... Definitions; E... 3/28/2008 12/16/2013, 78 FR 76064 R 336.1105.
R 336.1106..................... Definitions; F... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1107..................... Definitions; G... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1108..................... Definitions; H... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1109..................... Definitions; I... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1112..................... Definitions; L... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1113..................... Definitions; M... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1114..................... Definitions; N... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1115..................... Definitions; O... 12/20/2016 3/12/2019, 84 FR 8809 All except for
(d) `` ' Oral
reference dose'
or 'RfD' ''.
R 336.1116..................... Definitions; P... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1118..................... Definitions; R... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1119..................... Definitions; S... 12/20/2016 3/12/2019, 84 FR 8809 All except for
(c) Secondary
risk screening
level, (q) State-
only
enforceable, and
(x) Sufficient
evidence.
R 336.1120..................... Definitions; T... 12/20/2016 3/12/2019, 84 FR 8809 All except for
(f) `` ' Toxic
air contaminant'
or 'TAC' ''.
R 336.1121..................... Definitions; U... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1122..................... Definitions; V... 12/20/2016 3/12/2019, 84 FR 8809
R 336.1123..................... Definitions; W... 12/20/2016 3/12/2019, 84 FR 8809 All except for
(c) Weight of
evidence.
R 336.1127..................... Terms defined in 1/19/1980 5/6/1980, 45 FR 29790
the act.
----------------------------------------------------------------------------------------------------------------
Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
R 336.1201..................... Permits to 6/20/2008 8/31/2018, 83 FR 44485
install.
R 336.1201a.................... General permits 7/01/2003 8/31/2018, 83 FR 44485
to install.
R 336.1202..................... Waivers of 6/20/2008 8/31/2018, 83 FR 44485
approval.
R 336.1203..................... Information 7/26/1995 8/31/2018, 83 FR 44485
required.
R 336.1204..................... Authority of 7/26/1995 8/31/2018, 83 FR 44485
agents.
R 336.1205..................... Permit to 6/20/2008 5/31/2019, 84 FR 25180
install;
approval.
R 336.1206..................... Processing of 7/26/1995 8/31/2018, 83 FR 44485
applications for
permits to
install.
R 336.1207..................... Denial of permits 6/20/2008 8/31/2018, 83 FR 44485
to install.
R 336.1209..................... Use of old 7/26/1995 8/31/2018, 83 FR 44485
permits to limit
potential to
emit.
R 336.1212..................... Administratively 7/26/1995 8/31/2018, 83 FR 44485
complete
applications;
insignificant
activities;
streamlining
applicable
requirements;
emissions
reporting and
fee calculations.
R 336.1216..................... Modifications to 7/26/1995 8/31/2018, 83 FR 44485
renewable
operating
permits.
R 336.1219..................... Amendments for 6/20/2008 8/31/2018, 83 FR 44485
change of
ownership or
operational
control.
R 336.1240..................... Required air 6/20/2008 8/31/2018, 83 FR 44485
quality models.
R 336.1241..................... Air quality 6/20/2008 8/31/2018, 83 FR 44485
modeling
demonstration
requirements.
R 336.1278..................... Exclusion from 6/20/2008 8/31/2018, 83 FR 44485
exemption.
R 336.1278a.................... Scope of permit 12/20/2016 8/31/2018, 83 FR 44485
exemptions.
[[Page 171]]
R 336.1280..................... Permit to install 12/20/2016 8/31/2018, 83 FR 44485
exemptions;
cooling and
ventilating
equipment.
R 336.1281..................... Permit to install 12/20/2016 08/31/2018, 83 FR 44485
exemptions;
cleaning,
washing, and
drying equipment.
R 336.1282..................... Permit to install 12/20/2016 8/31/2018, 83 FR 44485
exemptions;
furnaces, ovens,
and heaters.
R 336.1283..................... Permit to install 12/20/2016 8/31/2018, 83 FR 44485
exemptions;
testing and
inspection
equipment.
R 336.1284..................... Permit to install 12/20/2016 8/31/2018, 83 FR 44485
exemptions;
containers.
R 336.1285..................... Permit to install 12/20/2016 8/31/2018, 83 FR 44485
exemptions;
miscellaneous.
R 336.1286..................... Permit to install 12/20/2016 8/31/2018, 83 FR 44485
exemptions;
plastic
processing
equipment.
R 336.1287..................... Permit to install 12/20/2016 8/31/2018, 83 FR 44485
exemptions;
surface coating
equipment.
R 336.1288..................... Permit to install 12/20/2016 8/31/2018, 83 FR 44485
exemptions; oil
and gas
processing
equipment.
R 336.1289..................... Permit to install 12/20/2016 8/31/2018, 83 FR 44485
exemptions;
asphalt and
concrete
production
equipment.
R 336.1290..................... Permit to install 12/20/2016 8/31/2018, 83 FR 44485
exemptions;
emission units
with limited
emissions.
R 336.1299..................... Adoption of 6/20/2008 8/31/2018, 83 FR 44485
standards by
reference.
----------------------------------------------------------------------------------------------------------------
Part 3. Emission Limitations and Prohibitions--Particulate Matter
----------------------------------------------------------------------------------------------------------------
R 336.1301..................... Standards for 3/19/2002 6/1/2006, 71 FR 31093
density of
emissions.
R 336.1303..................... Grading visible 3/19/2002 6/1/2006, 71 FR 31093
emissions.
R 336.1310..................... Open burning..... 4/1/2013 6/2/2015, 80 FR 31305
R 336.1331..................... Emissions of 3/19/2002 6/1/2006, 71 FR 31093 All except Table
particulate 31, section C.8.
matter.
R 336.1331, Table 31........... Particulate 1/19/1980 5/22/1981, 46 FR 27923 Only Section C.7,
matter emission preheater
schedule. equipment.
R 336.1350..................... Emissions from 2/22/1985 6/11/1992, 57 FR 24752
larry-car
charging of coke
ovens.
R 336.1351..................... Charging hole 2/22/1985 6/11/1992, 57 FR 24752
emissions from
coke ovens.
R 336.1352..................... Pushing operation 2/22/1985 6/11/1992, 57 FR 24752
fugitive
emissions from
coke ovens.
R 336.1353..................... Standpipe 2/22/1985 6/11/1992, 57 FR 24752
assembly
emissions during
coke cycle from
coke ovens.
R 336.1354..................... Standpipe 2/22/1985 6/11/1992, 57 FR 24752
assembly
emissions during
decarbonization
from coke ovens.
R 336.1355..................... Coke oven gas 1/19/1980 5/22/1981, 46 FR 27923
collector main
emissions from
slot-type coke
ovens.
R 336.1356..................... Coke oven door 2/22/1985 6/11/1992, 57 FR 24752
emissions from
coke ovens;
doors that are 5
meters or
shorter.
[[Page 172]]
R 336.1357..................... Coke oven door 2/22/1985 6/11/1992, 57 FR 24752
emissions from
coke oven doors;
doors that are
taller than 5
meters.
R 336.1358..................... Roof monitor 4/30/1998 6/1/2006, 71 FR 31093
visible
emissions at
steel
manufacturing
facilities from
electric arc
furnaces and
blast furnaces.
R 336.1359..................... Visible emissions 2/22/1985 6/11/1992, 57 FR 24752
from scarfer
operation stacks
at steel
manufacturing
facilities.
R 336.1360..................... Visible emissions 2/22/1985 6/11/1992, 57 FR 24752
from coke oven
push stacks.
R 336.1361..................... Visible emissions 4/30/1998 6/1/2006, 71 FR 31093
from blast
furnace
casthouse
operations at
steel
manufacturing
facilities.
R 336.1362..................... Visible emissions 4/30/1998 6/1/2006, 71 FR 31093
from electric
arc furnace
operations at
steel
manufacturing
facilities.
R 336.1363..................... Visible emissions 4/30/1998 6/1/2006, 71 FR 31093
from argon-
oxygen
decarburization
operations at
steel
manufacturing
facilities.
R 336.1364..................... Visible emissions 2/22/1985 6/11/1992, 57 FR 24752
from basic
oxygen furnace
operations.
R 336.1365..................... Visible emissions 2/22/1985 6/11/1992, 57 FR 24752
from hot metal
transfer
operations at
steel
manufacturing
facilities.
R 336.1366..................... Visible emissions 2/22/1985 6/11/1992, 57 FR 24752
from hot metal
desulphurization
operations at
steel
manufacturing
facilities.
R 336.1367..................... Visible emissions 2/22/1985 6/11/1992, 57 FR 24752
from sintering
operations.
R 336.1370..................... Collected air 2/18/1981 11/15/1982, 47 FR 51398
contaminants.
R 336.1371..................... Fugitive dust 3/19/2002 6/1/2006, 71 FR 31093
control programs
other than areas
listed in Table
36.
R 336.1372..................... Fugitive dust 3/19/2002 6/1/2006, 71 FR 31093
control program;
required
activities;
typical control
methods.
R 336.1374..................... Particulate 3/19/2002 6/1/2006, 71 FR 31093
matter
contingency
measures: Areas
listed in Table
37.
----------------------------------------------------------------------------------------------------------------
Part 4. Emission Limitations and Prohibitions--Sulfur-Bearing Compounds
----------------------------------------------------------------------------------------------------------------
R 336.1401..................... Emissions of 3/11/2013 4/17/2015, 80 FR 21183
sulfur dioxide
from power
plants.
R 336.1401a.................... Definitions...... 3/11/2013 4/17/2015, 80 FR 21183
R 336.1402..................... Emission of SO2 3/11/2013 4/17/2015, 80 FR 21183
from fuel-
burning sources
other than power
plants.
R 336.1403..................... Oil- and natural 3/19/2002 4/17/2015, 80 FR 21183
gas-producing or
transporting
facilities and
natural gas-
processing
facilities;
emissions;
operation.
[[Page 173]]
R 336.1404..................... Emissions of SO2 3/11/2013 4/17/2015, 80 FR 21183
and sulfuric
acid mist from
sulfuric acid
plants.
R 336.1405..................... Emissions from 1/31/2008 4/17/2015, 80 FR 21183
sulfur recovery
plants located
within Wayne
county.
R 336.1406..................... Hydrogen sulfide 1/31/2008 4/17/2015, 80 FR 21183
emissions from
facilities
located within
Wayne county.
R 336.1407..................... Sulfur compound 3/11/2013 4/17/2015, 80 FR 21183
emissions from
sources located
within Wayne
county and not
previously
specified.
----------------------------------------------------------------------------------------------------------------
Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1601..................... Definitions...... 3/19/2002 6/1/2006, 71 FR 31093
R 336.1602..................... General 4/10/2000 6/28/2002, 67 FR 43548
provisions for
existing sources
of volatile
organic compound
emissions.
R 336.1604..................... Storage of 3/19/2002 6/1/2006, 71 FR 31093
organic
compounds having
a true vapor
pressure of more
than 1.5 psia,
but less than 11
psia, in
existing fixed
roof stationary
vessels of more
than 40,000
gallon capacity.
R 336.1605..................... Storage of 3/19/2002 6/1/2006, 71 FR 31093
organic
compounds having
a true vapor
pressure of 11
or more psia in
existing
stationary
vessels of more
than 40,000
gallon capacity.
R 336.1606..................... Loading gasoline 3/19/2002 6/1/2006, 71 FR 31093
into existing
stationary
vessels of more
than 2,000
gallon capacity
at dispensing
facilities
handling 250,000
gallons per year.
R 336.1607..................... Loading gasoline 3/19/2002 6/1/2006, 71 FR 31093
into existing
stationary
vessels of more
than 2,000
capacity at
loading
facilities.
R 336.1608..................... Loading gasoline 3/19/2002 6/1/2006, 71 FR 31093
into existing
delivery vessels
at loading
facilities
handling less
than 5,000,000
gallons per year.
R 336.1609..................... Loading existing 4/20/1989 9/15/1994, 59 FR 47254
delivery vessels
with organic
compounds having
a true vapor
pressure of more
than 1.5 psia at
existing loading
facilities
handling
5,000,000 or
more gallons of
such compounds
per year.
[[Page 174]]
R 336.1610..................... Existing coating 4/28/1993 9/7/1994, 59 FR 46182
lines; emission
of volatile
organic
compounds from
existing
automobile,
light-duty
truck, and other
product and
material coating
lines.
R 336.1611..................... Existing cold 3/29/2017 6/29/2018, 83 FR 30571
cleaners.
R 336.1612..................... Existing open top 3/29/2017 6/29/2018, 83 FR 30571
vapor degreasers.
R 336.1613..................... Existing 3/29/2017 6/29/2018, 83 FR 30571
conveyorized
cold cleaners.
R 336.1614..................... Existing 3/29/2017 6/29/2018, 83 FR 30571
conveyorized
vapor degreasers.
R 336.1615..................... Existing vacuum- 3/19/2002 6/1/2006, 71 FR 31093
producing system
at petroleum
refineries.
R 336.1616..................... Process unit 3/19/2002 6/1/2006, 71 FR 31093
turnarounds at
petroleum
refineries.
R 336.1617..................... Existing organic 3/19/2002 6/1/2006, 71 FR 31093
compound-water
separators at
petroleum
refineries.
R 336.1618..................... Use of cutback or 3/29/2017 6/29/2018, 83 FR 30571
emulsified
paving asphalt.
R 336.1619..................... Standards for 3/29/2017 6/29/2018, 83 FR 30571
perchloroethylen
e dry cleaning
equipment.
R 336.1620..................... Emission of 4/28/1993 9/7/1994, 59 FR 46182
volatile organic
compounds from
the coating of
flat wood
paneling from
existing coating
lines.
R 336.1621..................... Emission of 4/28/1993 9/7/1994, 59 FR 46182
volatile organic
compounds from
the coating of
metallic
surfaces from
existing coating
lines.
R 336.1622..................... Emission of 3/29/2017 6/29/2018, 83 FR 30571
volatile organic
compounds from
existing
components of
petroleum
refineries;
refinery
monitoring
program.
R 336.1623..................... Storage of 3/19/2002 6/1/2006, 71 FR 31093
petroleum
liquids having a
true vapor
pressure of more
than 1.0 psia
but less than
11.0 psia, in
existing
external
floating roof
stationary
vessels of more
than 40,000
gallon capacity.
R 336.1624..................... Emission of 11/18/1993 9/7/1994, 59 FR 46182
volatile organic
compound from an
existing graphic
arts line.
R 336.1625..................... Emission of 3/29/2017 6/29/2018, 83 FR 30571
volatile organic
compound from
existing
equipment
utilized in
manufacturing
synthesized
pharmaceutical
products.
R 336.1627..................... Delivery vessels; 3/29/2017 6/29/2018, 83 FR 30571
vapor collection
systems.
[[Page 175]]
R 336.1628..................... Emission of 3/29/2017 6/29/2018, 83 FR 30571
volatile organic
compounds from
components of
existing process
equipment used
in manufacturing
synthetic
organic
chemicals and
polymers;
monitoring
program.
R 336.1629..................... Emission of 3/29/2017 6/29/2018, 83 FR 30571
volatile organic
compounds from
components of
existing process
equipment used
in processing
natural gas;
monitoring
program.
R 336.1630..................... Emission of 3/19/2002 6/1/2006, 71 FR 31093
volatile organic
compounds from
existing paint
manufacturing
processes.
R 336.1631..................... Emission of 3/19/2002 6/1/2006, 71 FR 31093
volatile organic
compounds from
existing process
equipment
utilized in
manufacture of
polystyrene of
other organic
resins.
R 336.1632..................... Emission of 3/29/2017 6/29/2018, 83 FR 30571
volatile organic
compounds from
existing
automobile,
truck, and
business machine
plastic part
coating lines.
R 336.1651..................... Standards for 3/29/2017 6/29/2018, 83 FR 30571
degreasers.
R 336.1660..................... Standards for 3/29/2017 6/29/2018, 83 FR 30571
volatile organic
compounds
emissions from
consumer
products.
R 336.1661..................... Definitions for 3/29/2017 6/29/2018, 83 FR 30571
consumer
products.
----------------------------------------------------------------------------------------------------------------
Part 7. Emission Limitations and Prohibitions--New Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1702..................... General 3/19/2002 6/1/2006, 71 FR 31093
provisions for
new sources of
volatile organic
compound
emissions.
R 336.1705..................... Loading gasoline 3/19/2002 6/1/2006, 71 FR 31093
into delivery
vessels at new
loading
facilities
handling less
than 5,000,000
gallons per year.
R 336.1706..................... Loading delivery 6/15/1997 7/21/1999, 64 FR 39034
vessels with
organic
compounds having
a true vapor
pressure of more
than 1.5 psia at
new loading
facilities
handling
5,000,000 or
more gallons of
such compounds
per year.
R 336.1707..................... New cold cleaners 6/15/1997 7/21/1999, 64 FR 39034
R 336.1708..................... New open top 6/15/1997 7/21/1999, 64 FR 39034
vapor degreasers.
R 336.1709..................... New conveyorized 6/15/1997 7/21/1999, 64 FR 39034
cold cleaners.
R 336.1710..................... New conveyorized 6/15/1997 7/21/1999, 64 FR 39034
vapor degreasers.
----------------------------------------------------------------------------------------------------------------
[[Page 176]]
Part 8. Emission Limitations and Prohibitions--Oxides of Nitrogen
----------------------------------------------------------------------------------------------------------------
R 336.1801..................... Emission of 5/28/2009 8/18/2009, 74 FR 41637
oxides of
nitrogen from
non-SIP call
stationary
sources.
R 336.1802..................... Applicability 5/20/2004 5/4/2005, 70 FR 23029
under oxides of
nitrogen budget
trading program.
R 336.1802a.................... Adoption by 5/28/2009 8/18/2009, 74 FR 41637
reference.
R 336.1803..................... Definitions...... 5/28/2009 8/18/2009, 74 FR 41637
R 336.1804..................... Retired unit 5/20/2004 5/4/2005, 70 FR 23029
exemption from
oxides of
nitrogen budget
trading program.
R 336.1805..................... Standard 12/4/2002 5/4/2005, 70 FR 23029
requirements of
oxides of
nitrogen budget
trading program.
R 336.1806..................... Computation of 12/4/2002 5/4/2005, 70 FR 23029
time under
oxides of
nitrogen budget
trading program.
R 336.1807..................... Authorized 12/4/2002 5/4/2005, 70 FR 23029
account
representative
under oxides of
nitrogen budget
trading program.
R 336.1808..................... Permit 12/4/2002 5/4/2005, 70 FR 23029
requirements
under oxides of
nitrogen budget
trading program.
R 336.1809..................... Compliance 12/4/2002 5/4/2005, 70 FR 23029
certification
under oxides of
nitrogen budget
trading program.
R 336.1810..................... Allowance 12/4/2002 5/4/2005, 70 FR 23029
allocations
under oxides of
nitrogen budget
trading program.
R 336.1811..................... New source set- 5/20/2004 5/4/2005, 70 FR 23029
aside under
oxides of
nitrogen budget
trading program.
R 336.1812..................... Allowance 12/4/2002 5/4/2005, 70 FR 23029
tracking system
and transfers
under oxides of
nitrogen budget
trading program.
R 336.1813..................... Monitoring and 12/4/2002 5/4/2005, 70 FR 23029
reporting
requirements
under oxides of
nitrogen budget
trading program.
R 336.1814..................... Individual opt- 12/4/2002 5/4/2005, 70 FR 23029
ins under oxides
of nitrogen
budget trading
program.
R 336.1815..................... Allowance banking 12/4/2002 5/4/2005, 70 FR 23029
under oxides of
nitrogen budget
trading program.
R 336.1816..................... Compliance 12/4/2002 5/4/2005, 70 FR 23029
supplement pool
under oxides of
nitrogen budget
trading program.
R 336.1817..................... Emission 12/4/2002 5/4/2005, 70 FR 23029
limitations and
restrictions for
Portland cement
kilns.
R 336.1818..................... Emission 11/20/2006 1/29/2008, 73 FR 5101
limitations for
stationary
internal
combustion
engines.
R 336.1821..................... CAIR NOX ozone 5/28/2009 8/18/2009, 74 FR 41637
and annual
trading
programs;
applicability
determinations.
[[Page 177]]
R 336.1822..................... CAIR NOX ozone 5/28/2009 8/18/2009, 74 FR 41637
season trading
program;
allowance
allocations.
R 336.1823..................... New EGUs, new non- 5/28/2009 8/18/2009, 74 FR 41637
EGUs, and newly
affected EGUs
under CAIR NOX
ozone season
trading program;
allowance
allocations.
R 336.1824..................... CAIR NOX ozone 6/25/2007 8/18/2009, 74 FR 41637
season trading
program;
hardship set-
aside.
R 336.1825..................... CAIR NOX ozone 6/25/2007 8/18/2009, 74 FR 41637
season trading
program;
renewable set-
aside.
R 336.1826..................... CAIR NOX ozone 6/25/2007 8/18/2009, 74 FR 41637
season trading
program; opt-in
provisions.
R 336.1830..................... CAIR NOX annual 5/28/2009 8/18/2009, 74 FR 41637
trading program;
allowance
allocations.
R 336.1831..................... New EGUs under 5/28/2009 8/18/2009, 74 FR 41637
CAIR NOX annual
trading program;
allowance
allocations.
R 336.1832..................... CAIR NOX annual 5/28/2009 8/18/2009, 74 FR 41637
trading program;
hardship set-
aside.
R 336.1833..................... CAIR NOX annual 5/28/2009 8/18/2009, 74 FR 41637
trading program;
compliance
supplement pool.
R 336.1834..................... Opt-in provisions 6/25/2007 8/18/2009, 74 FR 41637
under the CAIR
NOX annual
trading program.
----------------------------------------------------------------------------------------------------------------
Part 9. Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
R 336.1902..................... Adoption of 12/20/2016 6/29/2018, 83 FR 30571 Only sections
Standards by (1)(a), (b)(i),
reference. (b)(iii),
(b)(iv),
(b)(vii),
(b)(viii), (c),
(d), (e), (f),
(g), (i), (j),
(k), (l), (m),
(n), and (s);
(2)(b), (e), and
(g); (3)(a);
(4)(a), (b),
(c), (d), (e),
(f), (l),
(m),(o), and
(p); (5); (8);
and (9).
R 339.1906..................... Diluting and 5/20/2015 12/19/2016, 81 FR 91839
concealing
emissions.
R 339.1910..................... Air-cleaning 1/19/1980 5/6/1980, 45 FR 29790
devices.
R 339.1911..................... Malfunction 5/20/2015 12/19/2016, 81 FR 91839
abatement plans.
R 336.1912..................... Abnormal 5/20/2015 12/19/2016, 81 FR 91839
conditions,
start-up,
shutdown, and
malfunction of a
source, process,
or process
equipment,
operating,
notification,
and reporting
requirements.
R 339.1915..................... Enforcement 5/28/2002 2/24/2003, 68 FR 8550
discretion in
instances of
excess emission
resulting from
malfunction,
start-up, or
shutdown.
R 339.1916..................... Affirmative 5/28/2002 2/24/2003, 68 FR 8550
defense for
excess emissions
during start-up
or shutdown.
[[Page 178]]
R 339.1930..................... Emission of 12/20/2016 7/19/2018, 83 FR 34050
carbon monoxide
from ferrous
cupola
operations.
----------------------------------------------------------------------------------------------------------------
Part 10. Intermittent Testing and Sampling
----------------------------------------------------------------------------------------------------------------
R 336.2001..................... Performance tests 3/19/2002 6/1/2006, 71 FR 31093
by owner.
R 336.2002..................... Performance tests 3/19/2002 6/1/2006, 71 FR 31093
by commission.
R 336.2003..................... Performance test 3/19/2002 6/1/2006, 71 FR 31093
criteria.
R 336.2004..................... Appendix A; 2/22/2006 8/3/2007, 72 FR 43169
reference test
methods;
adoption of
federal
reference test
methods.
R 336.2005..................... Reference test 2/22/2006 8/3/2007, 72 FR 43169
methods for
state-requested
tests of
delivery vessels.
R 336.2006..................... Reference test 4/28/1993 9/7/1994, 59 FR 46182
method serving
as alternate
version of
federal
reference test
method 25 by
incorporating
Byron analysis.
R 336.2007..................... Alternate version 3/19/2002 6/1/2006, 71 FR 31093
of procedure L,
referenced in R
336.2040(10).
R 336.2011..................... Reference test 4/29/2005 6/1/2006, 71 FR 31093
method 5B.
R 336.2012..................... Reference test 10/15/2004 6/1/2006, 71 FR 31093
method 5C.
R 336.2013..................... Reference test 3/19/2002 6/1/2006, 71 FR 31093
method 5D.
R 336.2014..................... Reference test 10/15/2004 6/1/2006, 71 FR 31093
method 5E.
R 336.2021..................... Figures.......... 3/19/2002 6/1/2006, 71 FR 31093
R 336.2030..................... Reference test 2/22/1985 6/11/1992, 57 FR 24752
method 9A.
R 336.2031..................... Reference test 2/22/1985 6/11/1992, 57 FR 24752
method 9B.
R 336.2032..................... Reference test 2/22/1985 6/11/1992, 57 FR 24752
method 9C.
R 336.2033..................... Test methods for 2/22/1985 6/11/1992, 57 FR 24752
coke oven quench
towers.
R 336.2040..................... Method for 3/19/2002 6/1/2006, 71 FR 31093 All except
determination of sections (9) and
volatile organic (10).
compound
emissions from
coating lines
and graphic arts
lines.
R 336.2041..................... Recording 4/28/1993 9/7/1994, 59 FR 46182
requirements for
coating lines
and graphic arts
lines.
----------------------------------------------------------------------------------------------------------------
Part 11. Continuous Emission Monitoring
----------------------------------------------------------------------------------------------------------------
R 336.2101..................... Continuous 3/19/2002 6/1/2006, 71 FR 31093
emission
monitoring,
fossil fuel-
fired steam
generators.
R 336.2102..................... Continuous 1/19/1980 11/2/1988, 53 FR 44189
emission
monitoring,
sulfuric acid-
producing
facilities.
R 336.2103..................... Continuous 1/19/1980 11/2/1988, 53 FR 44189
emission
monitoring,
fluid bed
catalytic
cracking unit
catalyst
regenerators at
petroleum
refineries.
R 336.2150..................... Performance 3/19/2002 6/1/2006, 71 FR 31093
specifications
for continuous
emission
monitoring
systems.
[[Page 179]]
R 336.2151..................... Calibration gases 1/19/1980 11/2/1988, 53 FR 44189
for continuous
emission
monitoring
systems.
R 336.2152..................... Cycling time for 1/19/1980 11/2/1988, 53 FR 44189
continuous
emission
monitoring
systems.
R 336.2153..................... Zero and drift 1/19/1980 11/2/1988, 53 FR 44189
for continuous
emission
monitoring
systems.
R 336.2154..................... Instrument span 1/19/1980 11/2/1988, 53 FR 44189
for continuous
emission
monitoring
systems.
R 336.2155..................... Monitor location 3/19/2002 6/1/2006, 71 FR 31093
for continuous
emission
monitoring
systems.
R 336.2159..................... Alternative 3/19/2002 6/1/2006, 71 FR 31093
continuous
emission
monitoring
systems.
R 336.2170..................... Monitoring data 3/19/2002 6/1/2006, 71 FR 31093
reporting and
recordkeeping.
R 336.2175..................... Data reduction 11/15/2004 6/1/2006, 71 FR 31093
procedures for
fossil fuel-
fired steam
generators.
R 336.2176..................... Data reduction 1/19/1980 11/2/1988, 53 FR 44189
procedures for
sulfuric acid
plants.
R 336.2189..................... Alternative data 3/19/2002 6/1/2006, 71 FR 31093
reporting or
reduction
procedures.
R 336.2190..................... Monitoring System 3/19/2002 6/1/2006, 71 FR 31093
Malfunctions.
R 336.2199..................... Exemptions from 1/19/1980 11/2/1988, 53 FR 44189 All except
continuous section (c),
emission which was
monitoring removed 7/21/
requirements. 1999, 64 FR
39034.
----------------------------------------------------------------------------------------------------------------
Part 16. Organization, Operation and Procedures
----------------------------------------------------------------------------------------------------------------
R 336.2606..................... Declaratory 1/19/1980 11/2/1988, 53 FR 44189
rulings requests.
R 336.2607..................... Consideration and 1/19/1980 11/2/1988, 53 FR 44189
disposition of
declaratory
rulings requests.
----------------------------------------------------------------------------------------------------------------
Part 17. Hearings
----------------------------------------------------------------------------------------------------------------
R 336.2701..................... Procedures from 4/10/2000 6/28/2002, 67 FR 43548
Administrative
Procedures Act.
R 336.2702..................... Service of 4/10/2000 6/28/2002, 67 FR 43548
notices and
orders;
appearances.
R 336.2704..................... Hearing 1/19/1980 11/2/1988, 53 FR 44189
commissioner's
hearings.
R 336.2705..................... Agency files and 1/19/1980 11/2/1988, 53 FR 44189
records, use in
connection with
hearings.
R 336.2706..................... Commission 1/19/1980 11/2/1988, 53 FR 44189
hearings after
hearing
commissioner
hearings.
----------------------------------------------------------------------------------------------------------------
Part 18. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
R 336.2801..................... Definitions...... 11/30/2012 4/4/2014, 79 FR 18802
R 336.2802..................... Applicability.... 12/4/2006 3/25/2010, 75 FR 14352
R 336.2803..................... Ambient Air 11/30/2012 4/4/2014, 79 FR 18802
Increments.
R 336.2804..................... Ambient Air 12/4/2006 3/25/2010, 75 FR 14352
Ceilings.
R 336.2805..................... Restrictions on 12/4/2006 3/25/2010, 75 FR 14352
Area
Classifications.
R 336.2806..................... Exclusions from 12/4/2006 3/25/2010, 75 FR 14352
Increment
Consumption.
R 336.2807..................... Redesignation.... 12/4/2006 3/25/2010, 75 FR 14352
R 336.2808..................... Stack Heights.... 12/4/2006 3/25/2010, 75 FR 14352
R 336.2809..................... Exemptions....... 11/30/2012 4/4/2014, 79 FR 18802 All except for
section
(5)(a)(iii).
[[Page 180]]
R 336.2810..................... Control 12/4/2006 3/25/2010, 75 FR 14352
Technology
Review.
R 336.2811..................... Source Impact 12/4/2006 3/25/2010, 75 FR 14352
Analysis.
R 336.2812..................... Air Quality 12/4/2006 3/25/2010, 75 FR 14352
Models.
R 336.2813..................... Air Quality 12/4/2006 3/25/2010, 75 FR 14352
Analysis.
R 336.2814..................... Source 12/4/2006 3/25/2010, 75 FR 14352
Information.
R 336.2815..................... Additional Impact 12/4/2006 3/25/2010, 75 FR 14352
Analyses.
R 336.2816..................... Sources impacting 11/30/2012 4/4/2014, 79 FR 18802
federal class I
areas;
additional
requirements.
R 336.2817..................... Public 12/4/2006 3/25/2010, 75 FR 14352
Participation.
R 336.2818..................... Source Obligation 9/11/2008 9/27/2010, 75 FR 59081
R 336.2819..................... Innovative 12/4/2006 3/25/2010, 75 FR 14352
Control
Technology.
R 336.2823..................... Actuals Plantwide 12/4/2006 3/25/2010, 75 FR 14352 Only sections (1)
Applicability through (14).
Limits (PALs).
----------------------------------------------------------------------------------------------------------------
Part 19. New Source Review for Major Sources Impacting Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
R 336.2901..................... Definitions...... 6/20/2008 12/16/2013, 78 FR 76064
R 336.2901a.................... Adoption by 6/20/2008 12/16/2013, 78 FR 76064
reference.
R 336.2902..................... Applicability.... 6/20/2008 12/16/2013, 78 FR 76064
R 336.2903..................... Additional permit 6/20/2008 12/16/2013, 78 FR 76064
requirements for
sources
impacting
nonattainment
areas.
R 336.2907..................... Plantwide 6/20/2008 12/16/2013, 78 FR 76064
applicability
limits or PALs.
R 336.2908..................... Conditions for 6/20/2008 12/16/2013, 78 FR 76064
approval of a
major new source
review permit in
a nonattainment
area.
----------------------------------------------------------------------------------------------------------------
Executive Orders
----------------------------------------------------------------------------------------------------------------
1991-31........................ Commission of 1/7/1992 11/6/1997, 62 FR 59995 Introductory and
Natural concluding words
Resources, of issuance;
Department of Title I:
Natural General, Part A
Resources, Sections 1, 2, 4
Michigan & 5 and Part B;
Department of Title III:
Natural Environmental
Resources, Protection, Part
Executive A Sections 1 & 2
Reorganization. and Part D;
Title IV:
Miscellaneous,
Parts A & B,
Part C Sections
1, 2 & 4 and
Part D.
1995-18........................ Michigan 9/30/1995 11/6/1997, 62 FR 59995 Introductory and
Department of concluding words
Environmental of issuance;
Quality, Paragraphs 1, 2,
Michigan 3(a) & (g), 4,
Department of 7, 8, 9, 10, 11,
Natural 12, 13, 15, 16,
Resources, 17, and 18.
Executive
Reorganization.
----------------------------------------------------------------------------------------------------------------
State Statutes
----------------------------------------------------------------------------------------------------------------
Act 12 of 1993................. Small Business 4/1/1993 6/3/1994, 59 FR 28785
Clean Air
Assistance Act.
Act 44 of 1984, as amended..... Michigan Motor 11/13/1993 5/5/1997, 62 FR 24341 Only 290.642,
Fuels Quality 643, 645, 646,
Act. 647, and 649.
Act 127 of 1970................ Michigan 7/27/1970 5/31/1972, 37 FR 10841
Environmental
Protection Act.
Act 250 of 1965, as amended.... Tax Exemption Act 1972 5/31/1972, 37 FR 10841
Act 283 of 1964, as amended.... Weights and 8/28/1964 5/5/1997, 62 FR 24341 Only 290.613 and
Measures Act. 290.615.
Act 348 of 1965, as amended.... Air Pollution Act 1972 5/31/1972, 37 FR 10841
Act 348 of 1965, as amended.... Air Pollution Act 1986 2/17/1988, 53 FR 4622 Only section 7a.
[[Page 181]]
Act 348 of 1965, as amended.... Air Pollution Act 1990 3/8/1994, 59 FR 10752 Only sections 5
and 14a.
Act 451 of 1994, as amended.... Natural Resources 3/30/1995 2/10/1998, 63 FR 6650 Only sections
and 324.5524 and
Environmental 324.5525.
Protection Act.
House Bill 4165................ Motor Vehicle 11/13/1993 6/21/1996, 61 FR 31831
Emissions
Inspection and
Maintenance
Program Act.
House Bill 4898................ An Act to amend 11/13/1993 10/11/1994, 59 FR 51379
section 3 of Act
44 of 1984.
House Bill 5016................ Motor Vehicle 11/13/1993 3/7/1995, 60 FR 12459
Emissions
Testing Program
Act.
House Bill 5508................ Amendment to 4/6/2006 3/2/2007, 72 FR 4432
Motor Fuels
Quality Act, Act
44 of 1984.
Michigan Civil Service Disclosure....... 10/1/2013 8/31/2015, 80 FR 52399
Commission Rule 2-8.3(a)(1).
Michigan Civil Service Disclosure....... 10/1/2013 8/31/2015, 80 FR 52399
Commission Rule 2-8.3(a)(1).
Senate Bill 726................ An Act to amend 11/13/1993 9/7/1994, 59 FR 46182
sections 2, 5,
6, 7, and 8 of
Act 44 of 1984.
Michigan Civil Service Disclosure....... 10/1/2013 8/31/2015, 80 FR 52399
Commission Rule 2-8.3(a)(1).
----------------------------------------------------------------------------------------------------------------
Local Regulations
----------------------------------------------------------------------------------------------------------------
City of Grand Rapids Ordinance City of Grand 1972 5/31/1972, 57 FR 10841 Ordinance amends
72-34. Rapids Air sections 9.35
Pollution and 9.36 of
Control article 4,
Regulations. Chapter 151
Title IX of the
Code of the City
of Grand Rapids.
Muskegon County Air Pollution Muskegon County 3/27/1973 5/16/1984, 49 FR 20650 Only article 14,
Control Rules. Air Pollution section J.
Control Rules
and Regulations,
as amended.
Wayne County Air Pollution Wayne County Air 11/18/1985 5/13/1993, 58 FR 28359 Only: chapters 1,
Control Ordinance. Pollution 2, 3, 5 (except
Control for the portions
Ordinance. of section 501
which
incorporate by
reference the
following parts
of the state
rules: the
quench tower
limit in R
336.1331, Table
31, section C.8;
the deletion of
the limit in R
336.1331 for
coke oven coal
preheater
equipment; and R
336.1355), 8
(except section
802), 9, 11, 12,
13, and
appendices A and
D.
Wayne County Air Pollution Wayne County Air 3/20/1969 5/6/1980, 45 FR 29790 All except for
Control Regulations. Pollution and amended Section 6.3 (A-
Control 7/22/1971 H), which was
Regulations. removed 4/17/
2015, 80 FR
21186.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved state source-specific requirements.
[[Page 182]]
EPA-Approved Michigan Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of source Order number effective date EPA Approval date Comments
----------------------------------------------------------------------------------------------------------------
Allied Signal, Inc., Detroit 4-1993 10/12/1994 1/17/1995, 60 FR 3346
Tar Plant, Wayne County.
American Colloid Plant......... Permit 12/18/1979 9/15/1983, 48 FR 41403
341-79
American Colloid Plant......... Permit 11/23/1979 9/15/1983, 48 FR 41403
375-79
Asphalt Products Company, Plant 5-1993 10/12/1994 1/17/1995, 60 FR 3346
5A, Wayne County.
Clark Oil and Refining 6-1981 6/24/1982 12/13/1982, 47 FR 55678
Corporation, Calhoun County.
Clawson Concrete Company, Plant 6-1993 10/12/1994 1/17/1995, 60 FR 3346
1, Wayne County.
Conoco, Inc., Berrien County... 17-1981 9/28/1981 2/17/1982, 47 FR 6828
Consumers Power Company, B. C. 6-1979 12/10/1979 5/1/1981, 46 FR 24560
Cobb Plant, Muskegon County.
Consumers Power Company, J.H. 12-1984 10/1/1984 1/12/1987, 52 FR 1183
Campbell Plant, Units 1 and 2,
Ottawa County.
Continental Fibre Drum, Inc., 14-1987 12/9/1987 6/11/1992, 57 FR 24752
Midland County.
Cummings-Moore Graphite 7-1993 10/12/1994 1/17/1995, 60 FR 3346
Company, Wayne County.
CWC Castings Division of 12-1979 2/15/1980 5/16/1984, 49 FR 20650
Textron, Muskegon County.
Delray Connecting Railroad 8-1993 10/12/1994 1/17/1995, 60 FR 3346
Company, Wayne County.
Detroit Edison Company, 7-1981 4/28/1981 5/4/1982, 47 FR 19133
Boulevard Heating Plant, Wayne
County.
Detroit Edison Company, City of 4-1978 11/14/1978 8/25/1980, 45 FR 56344
St. Clair, St. Clair County.
Detroit Edison Company, Monroe 9-1977 7/7/1977 12/21/1979, 44 FR 75635
County. (correction: 3/20/1980,
45 FR 17997)
Detroit Edison Company, River 9-1993 10/12/1994 1/17/1995, 60 FR 3346
Rouge Power Plant, Wayne
County.
Detroit Edison Company, Sibley 10-1993 10/12/1994 1/17/1995, 60 FR 3346
Quarry, Wayne County.
Detroit Water and Sewerage 11-1993 10/12/1994 1/17/1995, 60 FR 3346
Department, Wastewater
Treatment Plant, Wayne County.
Diamond Crystal Salt Company, 13-1982 9/8/1982 3/14/1983, 48 FR 9256
St. Clair County.
Dow Chemical Company, Midland 12-1981 6/15/1981 3/24/1982, 47 FR 12625
County.
Dow Chemical Company, West Side 19-1981 7/21/1981 3/24/1982, 47 FR 12625 Only sections
and South Side Power Plants, A(3), B, C, D,
Midland County. and E.
Dundee Cement Company, Monroe 8-1979 10/17/1979 8/11/1980, 45 FR 53137
County.
Dundee Cement Company, Monroe 16-1980 11/19/1980 12/3/1981, 46 FR 58673
County.
Eagle Ottawa Leather Company, 7-1994 7/13/1994 10/23/1995, 60 FR 54308
Ottawa County.
Edward C. Levy Company, Detroit 15-1993 10/12/1994 1/17/1995, 60 FR 3346
Lime Company, Wayne County.
Edward C. Levy Company, Plant 16-1993 10/12/1994 1/17/1995, 60 FR 3346
1, Wayne County.
Edward C. Levy Company, Plant 17-1993 10/12/1994 1/17/1995, 60 FR 3346
3, Wayne County.
Edward C. Levy Company, Plant 19-1993 10/12/1994 1/17/1995, 60 FR 3346
4 and 5, Wayne County.
Edward C. Levy Company, Plant 18-1993 10/12/1994 1/17/1995, 60 FR 3346
6, Wayne County.
Edward C. Levy Company, Scrap 20-1993 10/12/1994 1/17/1995, 60 FR 3346
Up-Grade Facility, Wayne
County.
Enamalum Corporation, Oakland 6-1994 6/27/1994 2/21/9196, 61 FR 6545
County.
[[Page 183]]
Ferrous Processing and Trading 12-1993 10/12/1994 1/17/1995, 60 FR 3346
Company, Wayne County.
Ford Motor Company, Rouge 13-1993 10/12/1994 1/17/1995, 60 FR 3346
Industrial Complex, Wayne
County.
Ford Motor Company, Utica Trim 39-1993 11/12/1993 9/7/1994, 59 FR 46182
Plant, Macomb County.
Ford Motor Company, Vulcan 14-1993 10/12/1994 1/17/1995, 60 FR 3346
Forge, Wayne County.
General Motors Corporation, 10-1979 5/5/1980 2/10/1982, 47 FR 6013
Buick Motor Division Complex,
Flint, Genesee County.
General Motors Corporation, 8-1982 4/2/1984 8/22/1988, 53 FR 31861 Original order
Buick Motor Division, Genesee effective 7/12/
County. 1982, as altered
effective 4/2/
1982.
General Motors Corporation, 12-1982 7/22/1982 7/5/1983, 48 FR 31022
Cadillac Motor Car Division,
Wayne County.
General Motors Corporation, 8-1983 6/9/1983 12/13/1985, 50 FR 50907 Supersedes
Central Foundry Division, paragraph 7.F of
Saginaw Malleable Iron Plant, order 6-1980.
Saginaw County.
General Motors Corporation, 6-1980 7/30/1982 8/15/1983, 48 FR 36818 Paragraph 7.F
Central Foundry Division, superseded by
Saginaw Malleable Iron Plant, order 8-1983.
Saginaw County. Original order
effective 6/3/
1980, as altered
effective 7/30/
1982.
General Motors Corporation, 10-1982 7/12/1982 7/5/1983, 48 FR 31022
Chevrolet Flint Truck
Assembly, Genesee County.
General Motors Corporation, 1-1980 4/16/1980 2/10/1982, 47 FR 6013
Chevrolet Motor Division,
Saginaw Grey Iron Casting
Plant and Nodular Iron Casting
Plant, Saginaw County.
General Motors Corporation, 11-1982 7/22/1982 7/5/1983, 48 FR 31022
Fisher Body Division,
Fleetwood, Wayne County.
General Motors Corporation, 9-1982 7/12/1982 7/5/1983, 48 FR 31022
Fisher Body Division, Flint
No. 1, Genesee County.
General Motors Corporation, GM 5-1983 5/5/1983 12/13/1984, 49 FR 5345
Assembly Division, Washtenaw
County.
General Motors Corporation, 3-1982 6/24/1982 3/4/1983, 48 FR 9256
Hydra-Matic Division,
Washtenaw County.
General Motors Corporation, 4-1983 5/5/1983 12/13/1984, 49 FR 5345
Oldsmobile Division, Ingham
County.
General Motors Corporation, 18-1981 7/28/1983 5/16/1984, 49 FR 20649 Original order
Warehousing and Distribution effective 12/1/
Division, Genesee County. 1981, as altered
effective 7/28/
1983.
Hayes-Albion Corporation 2-1980 2/2/1982 9/15/1983, 48 FR 41403 Original order
Foundry, Calhoun County. effective 2/15/
1980, as altered
effective 2/2/
1982.
J. H. Campbell Plant, Ottawa 5-1979 2/6/1980 12/24/1980, 45 FR 85004 Original order
County. (correction: 3/16/1981 46 effective 6/25/
FR 16895) 1979, as altered
effective 2/6/
1980.
Keywell Corporation, Wayne 31-1993 10/12/1994 1/17/1995, 60 FR 3346
County.
Lansing Board of Water and 4-1979 5/23/1979 12/17/1980, 45 FR 82926 All except
Light. sections 7 A, B,
C1, D, E, F, and
section 8.
Marathon Oil Company, Muskegon 16-1981 7/31/1981 2/22/1982, 47 FR 7661
County.
Marblehead Lime Company, 21-1993 10/12/1994 1/17/1995, 60 FR 3346
Brennan Avenue Plant, Wayne
County.
Marblehead Lime Company, River 22-1993 10/12/1994 1/17/1995, 60 FR 3346
Rouge Plant, Wayne County.
[[Page 184]]
McLouth Steel Company, Trenton 23-1993 10/12/1994 1/17/1995, 60 FR 3346
Plant, Wayne County.
Michigan Foundation Company, 24-1993 10/12/1994 1/17/1995, 60 FR 3346
Cement Plant, Wayne County.
Michigan Foundation Company, 25-1993 10/12/1994 1/17/1995, 60 FR 3346
Sibley Quarry, Wayne County.
Monitor Sugar Company, Bay 21-1981 10/29/1981 5/19/1982, 47 FR 21534
County.
Morton International, Inc., 26-1993 10/12/1994 1/17/1995, 60 FR 3346
Morton Salt Division, Wayne
County.
National Steel Corporation, 27-1993 10/12/1994 1/17/1995, 60 FR 3346
Great Lakes Division, Wayne
County.
National Steel Corporation, 28-1993 10/12/1994 1/17/1995, 60 FR 3346
Transportation and Materials
Handling Division, Wayne
County.
New Haven Foundry, Inc., Macomb 12-1980 8/14/1980 2/10/1982, 47 FR 6013
County.
Northern Michigan Electric 16-1979 1/10/1980 7/2/1981, 46 FR 34584
Cooperative Advance Steam
Plant, Charlevoix County.
Packaging Corporation of 23-1984 7/8/1985 5/4/1987, 52 FR 16246
America, Manistee County.
Peerless Metal Powders, 29-1993 10/12/1994 1/17/1995, 60 FR 3346
Incorporated, Wayne County.
Rouge Steel Company, Wayne 30-1993 10/12/1994 1/17/1995, 60 FR 3346
County.
S. D. Warren Company, Muskegon. 9-1979 10/31/1999 1/27/1981, 46 FR 8476
St. Marys Cement Company, Wayne 32-1993 10/12/1994 1/17/1995, 60 FR 3346
County.
Traverse City Board of Light 23-1981 1/4/1982 5/19/1982, 47 FR 21534
and Power, Grand Traverse
County.
Union Camp Corporation, Monroe 14-1979 1/3/1980 5/14/1981, 46 FR 26641
County.
United States Gypsum Company, 33-1993 10/12/1994 1/17/1995, 60 FR 3346
Wayne County.
VCF Films, Inc., Livingston 3-1993 6/21/1993 9/7/1994, 59 FR 46182
County.
Woodbridge Corporation, 40-1993 11/12/1993 9/7/1994, 59 FR 46182
Washtenaw County.
Wyandotte Municipal Power 34-1993 10/12/1994 1/17/1995, 60 FR 3346
Plant, Wayne County.
----------------------------------------------------------------------------------------------------------------
[[Page 185]]
(e) EPA approved nonregulatory and quasi-regulatory provisions.
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State
provision nonattainment submittal date EPA Approval date Comments
area
----------------------------------------------------------------------------------------------------------------
Implementation plan for the Statewide........ 2/3/1972 5/31/1972, 37 FR 10841 Sections include:
control of suspended Air quality
particulates, sulfur oxides, control regions,
carbon monoxide, hydrocarbons, legal authority,
nitrogen oxides, and air quality
photochemical oxidants in the data, emission
state of Michigan. data, control
strategy,
control
regulations,
compliance plans
and schedules,
prevention of
air pollution
emergency
episodes, air
quality
surveillance
program, control
of emission
sources,
organization and
resources, and
intergovernmenta
l cooperation.
Reevaluation of control Berrien and 3/3/1972 10/28/1972, 37 FR 23085
strategies. Ingham Counties.
Reasons and justifications..... Statewide........ 7/12/1972 10/28/1972, 37 FR 23085 Concerning
general
requirements of
control strategy
for nitrogen
dioxide,
compliance
schedules, and
review of new
sources and
modifications.
Compliance schedules........... Alpena, Baraga, 5/4/1973, 9/19/ 8/5/1974, 39 FR 28155
Charlevoix, 1973, 10/23/
Huron, Ionia, 1973, and 12/
Marquette, 13/1973
Midland,
Muskegon,
Oakland, Otsego,
and St. Clair
Counties.
Compliance schedules........... Allegan, Eaton, 2/16/1973 and 9/10/1974, 39 FR 32606
Emmet, Genesee, 5/4/1973
Huron, Ingham,
Macomb, Monroe,
Ottawa, Saginaw,
and St. Clair
Counties.
Carbon monoxide control Saginaw area..... 4/25/1979 5/6/1980, 45 FR 29790
strategy.
Transportation control plans... Detroit urban 4/25/1979, 7/ 6/2/1980, 45 FR 37188
area. 25/1979, 10/12/
1979, 10/26/
1979, 11/8/
1979, 12/26/
1979
Ozone control strategy for Marquette, 4/25/1979, 7/ 6/2/1980, 45 FR 37188
rural ozone nonattainment Muskegon, 25/1979, 10/12/
areas. Gratiot, 1979, 10/26/
Midland, 1979, 11/8/
Saginaw, Bay, 1979, 12/26/
Tuscola, Huron, 1979
Sanilac, Ottawa,
Ionia,
Shiawassee,
Lapeer, Allegan,
Barry, Van
Buren,
Kalamazoo,
Calhoun,
Jackson,
Berrien, Cass,
Branch,
Hillsdale, and
Lenawee Counties.
[[Page 186]]
Transportation control plan.... Niles............ 4/25/1979, 10/ 4/17/1981, 46 FR 22373
26/1979, 11/8/
1979, 12/26/
1979, 8/4/
1980, and 8/8/
1980
Total suspended particulate Detroit area..... 3/7/1980 and 4/ 2/18/1982, 47 FR 7227
studies. 21/1981
Lead plan...................... Statewide........ 12/27/1979 and 4/13/1982, 47 FR 15792
2/9/1981
Reduction in size of Detroit Wayne, Oakland, 9/1/1982 7/7/1983, 48 FR 31199
ozone area. Macomb,
Livingston,
Monroe, St.
Clair, and
Washtenaw
Counties.
Information relating to order 8- Genesee County... 9/6/1984 8/22/1988, 53 FR 31861
1982: letter dated 9/6/84 from
Michigan Department of Natural
Resources to EPA.
Information relating to order Midland County... 12/17/1987 10/3/1989, 54 FR 40657
14-1987: letter dated 12/17/87
from Michigan Department of
Natural Resources to EPA.
Appendices A and D of Wayne Wayne County..... 10/10/1986 5/13/1993, 58 FR 28359 Effective 11/18/
County Air Pollution Control 1985.
Ordinance.
Information supporting Statewide........ 11/16/1992, 10/ 3/8/1994, 59 FR 10752 1991 Michigan air
emissions statement program. 25/1993, and 2/ pollution
7/1994 reporting forms,
reference
tables, and
general
instructions.
I/M program.................... Grand Rapids and 11/12/1993 and 10/11/1994, 59 FR 51379 Includes:
Muskegon areas. 7/19/1994 document
entitled ``Motor
Vehicle
Emissions
Inspection and
Maintenance
Program for
Southeast
Michigan, Grand
Rapids MSA, and
Muskegon MSA
Moderate
Nonattainment
Areas,'' RFP,
and supplemental
materials.
PM-10 implementation plan...... Wayne County..... 6/11/1993, 4/7/ 1/17/1995, 60 FR 3346 Reasonable
1994, and 10/ further
14/1994 progress, RACM,
contingency
measures, 1985
base year
emission
inventory.
General conformity............. Statewide........ 11/29/1994 12/18/1996, 61 FR 66607
Transportation conformity...... Statewide........ 11/24/1994 12/18/1996, 61 FR 66609
7.8 psi Reid vapor pressure Wayne, Oakland, 5/16/1996, 1/5/ 5/5/1997, 62 FR 24341 Includes: letter
gasoline-supplemental Macomb, 1996, and 5/14/ from Michigan
materials. Washtenaw, 1996 Governor John
Livingston, St. Engler to
Clair, and Regional
Monroe Counties. Administrator
Valdas Adamkus,
dated 1/5/1996,
letter from
Michigan
Director of
Environmental
Quality Russell
Harding to
Regional
Administrator
Valdas Adamkus,
dated 5/14/1996,
and state report
entitled
``Evaluation of
Air Quality
Contingency
Measures for
Implementation
in Southeast
Michigan''.
[[Page 187]]
Regional Haze Plan............. Statewide........ 11/5/2010 12/3/2012, 77 FR 71533 Addresses all
regional haze
plan elements
except BART
emission
limitations for
EGUs, St. Marys
Cement, Escanaba
Paper, and
Tilden Mining.
Regional Haze Progress Report.. Statewide........ 1/12/2016 6/1/2018, 83 FR 25375
List of permit applications; Statewide........ 12/19/2018 5/31/2019, 84 FR 25180 Includes: Letter
list of consent order public from Michigan
notices; notice, opportunity Department of
for public comment and public Environmental
hearing required for certain Quality Director
permit actions. C. Heidi Grether
to Regional
Administrator
Cathy Stepp,
dated 12/19/
2018, along with
an enclosed
selection of
Section 5511 (3)
of Part 55, Air
Pollution
Control, of the
Natural
Resources and
Environmental
Protection Act,
1994 PA 451, as
amended.
----------------------------------------------------------------------------------------------------------------
Attainment Demonstrations
----------------------------------------------------------------------------------------------------------------
1-hour ozone attainment Flint, Lansing 4/25/1979, 7/ 6/2/1980, 45 FR 37188
demonstrations and and Grand Rapids 25/1979, 10/12/
transportation control plans. urban areas. 1979, 10/26/
1979, 11/8/
1979, 12/26/
1979
Carbon monoxide and 1-hour Detroit urban 4/25/1979, 7/ 6/2/1980, 45 FR 37192
ozone attainment area. 25/1979, 10/12/
demonstrations and I/M program. 1979, 10/26/
1979, 11/8/
1979, 12/26/
1979, 3/20/
1980, 5/12/
1980, and 5/21/
1980
----------------------------------------------------------------------------------------------------------------
Emissions Inventories
----------------------------------------------------------------------------------------------------------------
1-hour ozone 1990 base year.... Grand Rapids 1/5/1993 7/26/1994, 59 FR 37944
(Kent and Ottawa
Counties) and
Muskegon areas.
1-hour ozone 1990 base year.... Detroit-Ann Arbor 1/5/1993 and 3/7/1995, 60 FR 12459
area 11/29/1993
(Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
1-hour ozone 1990 base year.... Flint (Genesee 5/9/2000 11/13/2000, 65 FR 67629
County) and
Saginaw-Midland-
Bay City (Bay,
Midland, and
Saginaw
Counties).
1-hour ozone 1991 base year.... Allegan County... 9/1/2000 and 11/24/2000, 65 FR 70490
10/13/2000
[[Page 188]]
1997 8-hour ozone 2005 base Detroit-Ann Arbor 3/6/2009 6/29/2009, 74 FR 30950
year. (Lenawee,
Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
1997 annual PM2.5 2005 base Detroit-Ann Arbor 6/13/2008 11/6/2012, 77 FR 66547
year. area
(Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
2008 lead (Pb) 2013 base year.. Belding area 1/12/2016 5/31/2017, 82 FR 24864
(Ionia County,
part).
----------------------------------------------------------------------------------------------------------------
Infrastructure
----------------------------------------------------------------------------------------------------------------
Public availability of Statewide........ 7/24/1972 10/28/1972, 37 FR 23085
emissions data.
Ambient air quality monitoring, Statewide........ 12/19/1979 3/4/1981, 46 FR 15138
data reporting, and
surveillance provisions.
Provisions addressing sections Statewide........ 4/25/1979 and 6/5/1981, 46 FR 30082 Concerns permit
110(a)(2)(K), 126(a)(2), 127, 10/12/1979 fees, interstate
and 128 of the Clean Air Act pollution,
as amended in 1977. public
notification,
and state
boards.
Section 121, intergovernmental Statewide........ 5/25/1979 11/27/1981, 46 FR 57893
consultation.
Section 110(a)(2) Statewide........ 12/6/2007, 7/ 7/13/2011, 76 FR 41075 Approved CAA
infrastructure requirements 19/2008, and 4/ elements:
for the 1997 8-hour ozone 6/2011 110(a)(2)(A),
NAAQS. (B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
Section 110(a)(2) Statewide........ 12/6/2007, 7/ 7/13/2011, 76 FR 41075 Approved CAA
infrastructure requirements 19/2008, and 4/ elements:
for the 1997 PM2.5 NAAQS. 6/2011 110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
Section 110(a)(2) Statewide........ 8/15/2011, 7/9/ 10/20/2015, 80 FR 63451 Approved CAA
infrastructure requirements 2012, 7/10/ elements:
for the 2006 24-hour PM2.5 2014 110(a)(2)(A),
NAAQS. (B), (C),
(D)(i)(II),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M). We are
not taking
action on the
visibility
protection
requirements of
(D)(i)(II).
Section 110(a)(2) Statewide........ 4/3/2012, 8/9/ 10/20/2015, 80 FR 63451 Approved CAA
infrastructure requirements 2013, 7/10/ elements:
for the 2008 lead (Pb) NAAQS. 2014 110(a)(2)(A),
(B), (C), (D),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
Section 110(a)(2) Statewide........ 7/10/2014 10/13/2015, 80 FR 61311 Approved CAA
Infrastructure Requirements elements:
for the 2008 ozone NAAQS. 110(a)(2)(A),
(B), (C), (D),
(E), (F), (G),
(H), (J), (K),
(L), and (M). We
are not taking
action on
(D)(i)(I) and
the visibility
portion of
(D)(i)(II).
Section 110(a)(2) Statewide........ 7/10/2014 10/13/2015, 80 FR 61311 Approved CAA
Infrastructure Requirements elements:
for the 2010 nitrogen dioxide 110(a)(2)(A),
(NO2) NAAQS. (B), (C), (D),
(E), (F), (G),
(H), (J), (K),
(L), and (M). We
are not taking
action on the
visibility
portion of
(D)(i)(II).
[[Page 189]]
Section 110(a)(2) Statewide........ 7/10/2014 10/13/2015, 80 FR 61311 Approved CAA
Infrastructure Requirements elements:
for the 2008 sulfur dioxide 110(a)(2)(A),
(SO2) NAAQS. (B), (C), (D),
(E), (F), (G),
(H), (J), (K),
(L), and (M). We
are not taking
action on
(D)(i)(I) and
the visibility
portion of
(D)(i)(II).
Section 110(a)(2) Statewide........ 7/10/2014 and 3/12/2019, 84 FR 8812 Fully approved
Infrastructure Requirements 3/23/2017. for all CAA
for the 2012 particulate elements except
matter (PM2.5) NAAQS. the visibility
protection
requirements of
(D)(i)(II).
----------------------------------------------------------------------------------------------------------------
Maintenance Plans
----------------------------------------------------------------------------------------------------------------
Carbon monoxide................ Detroit area 3/18/1999 6/30/1999, 64 FR 35017
(portions of
Wayne, Oakland,
and Macomb
Counties).
Carbon monoxide................ Detroit area 12/19/2003 1/28/2005, 64 FR 35017 Revision to motor
(portions of vehicle emission
Wayne, Oakland, budgets.
and Macomb
Counties).
1-hour ozone................... Detroit-Ann Arbor 11/12/1994 3/7/1995, 60 FR 12459
area
(Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
1-hour ozone................... Grand Rapids area 3/9/1995 6/21/1996, 61 FR 31831
1-hour ozone................... Muskegon County.. 3/9/1995 8/30/2000, 65 FR 52651
1-hour ozone................... Allegan County... 9/1/2000 and 11/24/2000, 65 FR 70490
10/13/2000
1-hour ozone................... Flint (Genesee 5/9/2000 11/13/2000, 65 FR 67629
County) and
Saginaw-Midland-
Bay City (Bay,
Midland, and
Saginaw
Counties).
1-hour ozone................... Muskegon County.. 3/22/2001 8/6/2001, 66 FR 40895 Revision to motor
vehicle emission
budgets.
1-hour ozone update............ Detroit-Ann Arbor 12/19/2003 5/20/2005, 70 FR 29202
area
(Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
1997 8-hour ozone.............. Grand Rapids 5/9/2006, 5/26/ 5/16/2007, 72 FR 27425
(Kent and Ottawa 2006, and 8/25/
Counties), 2006
Kalamazoo-Battle
Creek (Calhoun,
Kalamazoo, and
Van Buren
Counties),
Lansing-East
Lansing
(Clinton, Eaton,
and Ingham
Counties),
Benzie County,
Huron County,
and Mason County.
1997 8-hour ozone.............. Flint (Genesee 6/13/2006, 8/ 5/16/2007, 72 FR 27425
and Lapeer 25/2006, and
Counties), 11/30/2006
Muskegon
(Muskegon
County), Benton
Harbor (Berrien
County), and
Cass County.
[[Page 190]]
1997 8-hour ozone.............. Detroit-Ann Arbor 3/6/2009 6/29/2009, 74 FR 30950
(Lenawee,
Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
Particulate matter............. Macomb, Oakland, 6/27/1974 and 6/2/1975, 40 FR 23746
Wayne and Monroe 10/18/1974
Counties.
PM-10.......................... Wayne County..... 7/24/1995 8/5/1996, 61 FR 40516
1997 Annual PM2.5.............. Detroit-Ann Arbor 7/05/2011 8/29/2013, 78 FR 53274
area
(Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
2006 24-Hour PM2.5............. Detroit-Ann Arbor 7/05/2011 8/29/2013, 78 FR 53274
area
(Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
2008 lead (Pb)................. Belding area 1/12/2016 5/31/2017, 82 FR 24864
(Ionia County,
part).
----------------------------------------------------------------------------------------------------------------
Negative Declarations
----------------------------------------------------------------------------------------------------------------
Negative declarations.......... Wayne, Oakland 10/10/1983, 5/ 11/24/1986, 51 FR 42221 Includes large
and Macomb 17/1985, and 6/ petroleum dry
Counties. 12/1985 cleaners, high-
density
polyethylene,
polypropylene,
and polystyrene
resin
manufacturers,
and synthetic
organic chemical
manufacturing
industry--oxidat
ion.
Negative declarations.......... Detroit-Ann Arbor 3/30/1994 9/7/1994, 59 FR 46182 Includes: Large
Area petroleum dry
(Livingston, cleaners, SOCMI
Macomb, Monroe, air oxidation
Oakland, St. processes, high-
Clair, Washtenaw density
and Wayne polyethylene and
Counties) Grand polypropylene
Rapids Area resin
(Kent and Ottawa manufacturing
Counties), and and pneumatic
Muskegon County. rubber tire
manufacturing.
----------------------------------------------------------------------------------------------------------------
Section 182(f) NOX Exemptions
----------------------------------------------------------------------------------------------------------------
1-hour ozone................... Detroit-Ann Arbor 11/12/1993 8/10/1994, 59 FR 40826
area
(Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
1-hour ozone................... Clinton, Ingham, 7/1/1994 and 7/ 4/27/1995, 60 FR 20644
Eaton, and 8/1994
Genesee Counties.
[[Page 191]]
1-hour ozone................... Kent, Ottawa, 7/13/1994 1/26/1996, 61 FR 2428
Muskegon,
Allegan, Barry,
Bay, Berrien,
Branch, Calhoun,
Cass, Clinton,
Eaton, Gratiot,
Genesee,
Hillsdale,
Ingham, Ionia,
Jackson,
Kalamazoo,
Lenawee,
Midland,
Montcalm, St.
Joseph, Saginaw,
Shiawassee, and
Van Buren
Counties.
1-hour ozone................... Muskegon County.. 11/22/1995 9/26/1997, 62 FR 50512
1997 8-hour ozone.............. Grand Rapids 1/17/2015 6/6/2006, 71 FR 32448
(Kent and Ottawa
Counties),
Kalamazoo-Battle
Creek (Calhoun,
Kalamazoo, and
Van Buren
Counties),
Lansing-East
Lansing
(Clinton, Eaton,
and Ingham
Counties),
Benzie County,
Huron County and
Mason County.
----------------------------------------------------------------------------------------------------------------
[71 FR 52469, Sept. 6, 2006]
Editorial Note: For Federal Register citations affecting Sec.
52.1170, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1171 Classification of regions.
The Michigan plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Detroit-Port Huron Intrastate................ I I III III III
Metropolitan Toledo Interstate............................ I I III III I
South Central Michigan Intrastate......................... II II III III III
South Bend-Elkhart (Indiana)-Benton Harbor (Michigan) I IA III III III
Interstate...............................................
Central Michigan Intrastate............................... II III III III III
Upper Michigan Intrastate................................. III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10873, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 29801, May 6, 1980]
Sec. 52.1172 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Michigan's plan for the attainment and maintenance of the
National Ambient Air Quality Standards under section 110 of the Clean
Air Act. Furthermore, the Administrator finds the plan satisfies all
requirements of Part D, Title I of the Clean Air Act as amended in 1977,
except as noted below. In addition, continued satisfaction of the
requirements of Part D for the ozone portion of the SIP depends on the
adoption and submittalof RACT requirements by
[[Page 192]]
July 1, 1980 for the sources covered by CTGs between January 1978 and
January 1979 and adoption and submittal by each subsequent January of
additional RACT requirements for sources covered by CTGs issued by the
previous January.
[45 FR 29801, May 6, 1980]
Sec. 52.1173 Control strategy: Particulates.
(a) Part D--Disapproval. The following specific revisions to the
Michigan Plan are disapproved:
(1) Rule 336.1331, Table 31, Item C: Emission limits for Open Hearth
Furnaces, Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering
Plants, Blast Furnaces, Heating and Reheating Furnaces.
(2) Rules 336.1371 (Fugitive dust control programs other than areas
listed in table 36.), 336.1372 (Fugitive dust control programs; required
activities; typical control methods.) and 336.1373 (Fugitive dust
control programs; areas listed in table 36.) for control of industrial
fugitive particulate emissions sources.
(b) Part D--Conditional Approval--The Michigan overall Plan for
primary and secondary nonattainment areas is approved provided that the
following conditions are satisfied:
(1) The State officially adopts final industrial fugitive
regulations that represent RACT for traditional sources and submits
these finally effective regulations to USEPA by January 31, 1981.
(2) The State adopts and submits regulations reflecting RACT for
Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast
Furnaces and Heating and Reheating Furnaces.
(3) Rule 336.1331, Table 31, Item C: Coke Oven Preheater Equipment
Effective After July 1, 1979--The State clarifies the compliance test
method to include measurement of the whole train.
(4) Rule 336.1349--The State submits consent orders containing
enforceable increments insuring reasonable further progress for each
source subject to Rules 336.1350 through 336.1357.
(5) Rule 336.1350--The State adopts and submits an acceptable
inspection method for determining compliance with the rule.
(6) Rule 336.1352--The State adopts and submits the following
clarifications to the rule: (a) The rule regulates emissions from the
receiving car itself during the pushing operation; (b) in the phrase
``eight consecutive trips,'' ``consecutive'' is defined as
``consecutively observed trips''; (c) the word ``trips'' is defined as
``trips per battery'' or ``trips per system''; (d) the 40% opacity
fugitive emissions limitation refers to an instantaneous reading and not
an average; (e) the method of reading opacity is defined.
(7) Rule 336.1353--The State adopts and submits: (a) An acceptable
test methodology for determining compliance with the rule; and (b) a
clarification that the exception to the visible emission prohibition of
4% of standpipe emission points refers to ``operating'' ovens.
(8) Rule 336.1356--The State adopts and submits a clarification of
the test methodology to determine compliance with the rule.
(9) Rule 336.1357--The State adopts and submits a clarification of
the test methodology to determine compliance with the rule.
(10) The State adopts and submits a regulation reflecting RACT for
coke battery combustion stacks.
(11) The State adopts and submits an acceptable test method for
application of Rule 336.1331, Table 32 to quench towers, or, in the
alternative, adopts and submits a limitation reflecting RACT for quench
tower emissions based on the quantity of total dissolved solids in the
quench water.
(12) The State adopts and submits rules requiring RACT for scarfing
emissions.
(13) Part 10 Testing--The State adopts and submits the following
clarifications to the test methods: (a) Testing of fugitive emissions
from blast furnaces are conducted during the cast; (b) the starting and
ending period is specified for basic oxygenfurnaces (for both primary
and secondary emissions generating operations), electric arc furnaces
and for each of the three emission points at sinter plants.
(14) The State conducts additional particulate studies in the
Detroit area by September, 1980.
[[Page 193]]
(c) Disapprovals. EPA disapproves the following specific revisions
to the Michigan Plan:
(1) The State submitted Consent Order No. 16-1982 on June 24, 1982,
Great Lakes Steel, a Division of the National Steel Corporation as a
revision to the Michigan State Implementation Plan. EPA disapproves this
revision, because it does not satisfy all the requirements of EPA's
proposed Emission Trading Policy Statement of April 7, 1982 (47 FR
15076).
(d) Approval--On April 29, 1988, the State of Michigan submitted a
committal SIP for particulate matter with an aerodynamic diameter equal
to or less than 10 micrometers (PM10) for Michigan's Group II
areas. The Group II areas of concern are in the City of Monroe and an
area surrounding the City of Carrollton. The committal SIP contains all
the requirements identified in the July 1, 1987, promulgation of the SIP
requirements for PM10 at 52 FR 24681.
(e) [Reserved]
(f) On July 24, 1995, the Michigan Department of Natural Resources
requested the redesignation of Wayne County to attainment of the
National Ambient Air Quality Standard for particulate matter. The
State's maintenance plan is complete and the redesignation satisfies all
of the requirements of the Act.
(g) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the particulate State
Implementation Plan for general conformity rules. The general conformity
SIP revisions enable the State of Michigan to implement and enforce the
Federal general conformity requirements in the nonattainment or
maintenance areas at the State or local level in accordance with 40 CFR
part 93, subpart B--Determining Conformity of General Federal Actions to
State or Federal Implementation Plans.
(h) Determination of Attainment. EPA has determined, as of November
6, 2012, that based on 2009-2011 ambient air quality data, the Detroit-
Ann Arbor nonattainment area has attained the 1997 annual
PM2.5 NAAQS. This determination, in accordance with 40 CFR
51.1004(c), suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
this area continues to meet the 1997 annual PM2.5 NAAQS.
(i) Pursuant to Clean Air Act section 179(c), EPA has determined
that the Detroit-Ann Arbor area attained the annual 1997
PM2.5 NAAQS by the applicable attainment date, April 5, 2010.
(j) Approval--The 1997 annual PM2.5 maintenance plans for
the Detroit-Ann Arbor nonattainment area (Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne Counties), has been approved as
submitted on July 5, 2011. The maintenance plan establishes 2023 motor
vehicle emissions budgets for the Detroit-Ann Arbor area of 4,360 tpy
for primary PM2.5 and 119,194 tpy for NOX.
(k) Approval--The 2006 24-Hour PM2.5 maintenance plans
for the Detroit-Ann Arbor nonattainment area (Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties), has been
approved as submitted on July 5, 2011. The maintenance plan establishes
2023 motor vehicle emissions budgets for the Detroit-Ann Arbor area of
16 tpd for primary PM2.5 and 365 tpd for NOX.
(l) Approval--On October 3, 2016, the State of Michigan submitted a
revision to their Particulate Matter State Implementation Plan. The
submittal established transportation conformity ``Conformity'' criteria
and procedures related to interagency consultation, and enforceability
of certain transportation related control and mitigation measures.
[46 FR 27931, May 22, 1981, as amended at 49 FR 11834, Mar. 28, 1984; 50
FR 33540, Aug. 20, 1985; 55 FR 17752, Apr. 27, 1990; 61 FR 40519, Aug.
5, 1996; 61 FR 66609, Dec. 18, 1996; 77 FR 66547, Nov. 6, 2012; 78 FR
53274, Aug. 29, 2013; 82 FR 17135, Apr. 10, 2017]
Sec. 52.1174 Control strategy: Ozone.
(a) Part D--Conditional Approval--Michigan Rules 336.1603 and
336.1606 are approved provided that the following conditions are
satisfied:
(1) Rule 336.1606--The State either promulgates a rule with a
120,000 gallon
[[Page 194]]
per year throughput exemption for gasoline dispensing facilities for
sources located in Wayne, Macomb and Oakland Counties. The State must
either submit the rule to USEPA or demonstrate that the allowable
emissions resulting from the application of its existing rule with
250,000 gallon per year throughput exemption for gasoline dispensing
facilities are less than five percent greater than the allowable
emissions resulting from the application of the CTG presumptive norm.
The State must comply with this condition by May 6, 1981, and any
necessary regulations must be finally promulgated by the State and
submitted to USEPA by September 30, 1981.
(b) Approval--On November 16, 1992, the Michigan Department of
Natural Resources submitted Natural Resources Commission Rule 336.202
(Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the
1991 Michigan Air Pollution Reporting Forms, Reference Tables, and
General Instructions as the States emission statement program. Natural
Resources Commission Rule 336.202 (Rule 2) became effective November 11,
1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became
effective July 23, 1965. These rules have been incorporated by reference
at 40 CFR 52.1170(c)(93). On October 25, 1993, the State submitted the
1993 Michigan Air Pollution Reporting Forms, Reference Tables, and
General Instructions, along with an implementation strategy for the
State's emission statement program.
(c)(1) Approval--On January 5, 1993, the Michigan Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan (SIP) for the 1990 base year inventory. The inventory was submitted
by the State of Michigan to satisfy Federal requirements under section
182(a)(1) of the Clean Air Act as amended in 1990 (the Act), as a
revision to the ozone SIP for the Grand Rapids and Muskegon areas in
Michigan designated nonattainment, classified as moderate. These areas
include counties of Muskegon, and the two county Grand Rapids area
(which are the counties of Kent and Ottawa).
(2) Approval--On November 12, 1993, the Michigan Department of
Natural Resources submitted a petition for exemption from the oxides of
nitrogen requirements of the Clean Air Act for the Detroit-Ann Arbor
ozone nonattainment area. The submittal pertained to the exemption from
the oxides of nitrogen requirements for conformity, inspection and
maintenance, reasonably available control technology, and new source
review. These are required by sections 176(c), 182(b)(4), and 182(f) of
the 1990 amended Clean Air Act, respectively.
(d) In a letter addressed to David Kee, EPA, dated March 30, 1994,
Dennis M. Drake, State of Michigan, stated:
(1) Michigan has not developed RACT regulations for the following
industrial source categories, which have been addressed in Control
Techniques Guidance (CTG) documents published prior to the Clean Air Act
Amendments of 1990, because no affected sources are located in the
moderate nonattainment counties:
(i) Large petroleum dry cleaners;
(ii) SOCMI air oxidation processes;
(iii) High-density polyethylene and polypropylene resin
manufacturing; and
(iv) Pneumatic rubber tire manufacturing.
(2) (Reserved)
(e) Approval--On July 1, 1994, the Michigan Department of Natural
Resources submitted a petition for exemption from the oxides of nitrogen
requirements of the Clean Air Act for the East Lansing ozone
nonattainment area. The submittal pertained to the exemption from the
oxides of nitrogen requirements for conformity and new source review.
Theses are required by sections 176(c) and 182(f) of the 1990 amended
Clean Air Act, respectively. If a violation of the ozone standard occurs
in the East Lansing ozone nonattainment area, the exemption shall no
longer apply.
(f) Approval--On July 8, 1994, the Michigan Department of Natural
Resources submitted a petition for exemption from the oxides of nitrogen
requirements of the Clean Air Act for the Genesee County ozone
nonattainment area. The submittal pertained to the exemption from the
oxides of nitrogen requirements for conformity and new source review.
These are required by sections 176(c) and 182(f) of the 1990
[[Page 195]]
amended Clean Air Act, respectively. If a violation of the ozone
standard occurs in the Genesee County ozone nonattainment area, the
exemption shall no longer apply.
(g) [Reserved]
(h) Approval--On January 5, 1993, the Michigan Department of Natural
Resources submitted a revision to the ozone State Implementation Plan
for the 1990 base year emission inventory. The inventory was submitted
by the State of Michigan to satisfy Federal requirements under section
182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the
ozone State Implementation Plan for the Detroit-Ann Arbor moderate ozone
nonattainment area. This area includes Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne counties.
(i) Approval--On November 12, 1993, the Michigan Department of
Natural Resources submitted a request to redesignate the Detroit-Ann
Arbor (consisting of Livingston, Macomb, Monroe, Oakland, St. Clair,
Washtenaw, and Wayne counties) ozone nonattainment area to attainment
for ozone. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act, as amended in
1990. Elements of the section 175A maintenance plan include a base year
(1993 attainment year) emission inventory for NOX and VOC, a
demonstration of maintenance of the ozone NAAQS with projected emission
inventories (including interim years) to the year 2005 for
NOX and VOC, a plan to verify continued attainment, a
contingency plan, and an obligation to submit a subsequent maintenance
plan revision in 8 years as required by the Clean Air Act. If the area
records a violation of the ozone NAAQS (which must be confirmed by the
State), Michigan will implement one or more appropriate contingency
measure(s) which are contained in the contingency plan. Appropriateness
of a contingency measure will be determined by an urban airshed modeling
analysis. The Governor or his designee will select the contingency
measure(s) to be implemented based on the analysis and the MDNR's
recommendation. The menu of contingency measures includes basic motor
vehicle inspection and maintenance program upgrades, Stage I vapor
recovery expansion, Stage II vapor recovery, intensified RACT for
degreasing operations, NOX RACT, and RVP reduction to 7.8
psi. The redesignation request and maintenance plan meet the
redesignation requirements in sections 107(d)(3)(E) and 175A of the Act
as amended in 1990, respectively. The redesignation meets the Federal
requirements of section 182(a)(1) of the Clean Air Act as a revision to
the Michigan Ozone State Implementation Plan for the above mentioned
counties.
(j) [Reserved]
(k) Determination--USEPA is determining that, as of July 20, 1995,
the Grand Rapids and Muskegon ozone nonattainment areas have attained
the ozone standard and that the reasonable further progress and
attainment demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act do not apply to
the areas for so long as the areas do not monitor any violations of the
ozone standard. If a violation of the ozone NAAQS is monitored in either
the Grand Rapids or Muskegon ozone nonattainment area, the determination
shall no longer apply for the area that experiences the violation.
(l) Approval--EPA is approving the section 182(f) oxides of nitrogen
(NOX) reasonably available control technology (RACT), new
source review (NSR), vehicle inspection/maintenance (I/M), and general
conformity exemptions for the Grand Rapids (Kent and Ottawa Counties)
and Muskegon (Muskegon County) moderate nonattainment areas as requested
by the States of Illinois, Indiana, Michigan, and Wisconsin in a July
13, 1994 submittal. This approval also covers the exemption of
NOX transportation and general conformity requirements of
section 176(c) for the Counties of Allegan, Barry, Bay, Berrien, Branch,
Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham,
Ionia, Jackson, Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph,
Saginaw, Shiawasse, and Van Buren.
(m) Approval--On November 24, 1994, the Michigan Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan. The submittal pertained to a plan for the
[[Page 196]]
implementation and enforcement of the Federal transportation conformity
requirements at the State or local level in accordance with 40 CFR part
51, subpart T--Conformity to State or Federal Implementation Plans of
Transportation Plans, Programs, and Projects Developed, Funded or
Approved Under Title 23 U.S.C. or the Federal Transit Act.
(n) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan for general conformity rules. The general conformity SIP revisions
enable the State of Michigan to implement and enforce the Federal
general conformity requirements in the nonattainment or maintenance
areas at the State or local level in accordance with 40 CFR part 93,
subpart B--Determining Conformity of General Federal Actions to State or
Federal Implementation Plans.
(o) Approval--On March 9, 1996, the Michigan Department of
Environmental Quality submitted a request to redesignate the Grand
Rapids ozone nonattainment area (consisting of Kent and Ottawa Counties)
to attainment for ozone. As part of the redesignation request, the State
submitted a maintenance plan as required by 175A of the Clean Air Act,
as amended in 1990. Elements of the section 175A maintenance plan
include an attainment emission inventory for NOX and VOC, a
demonstration of maintenance of the ozone NAAQS with projected emission
inventories to the year 2007 for NOX and VOC, a plan to
verify continued attainment, a contingency plan, and a commitment to
submit a subsequent maintenance plan revision in 8 years as required by
the Clean Air Act. If a violation of the ozone NAAQS, determined not to
be attributable to transport from upwind areas, is monitored, Michigan
will implement one or more appropriate contingency measure(s) contained
in the contingency plan. Once a violation of the ozone NAAQS is
recorded, the State will notify EPA, review the data for quality
assurance, and conduct a technical analysis, including an analysis of
meteorological conditions leading up to and during the exceedances
contributing to the violation, to determine local culpability. This
preliminary analysis will be submitted to EPA and subjected to public
review and comment. The State will solicit and consider EPA's technical
advice and analysis before making a final determination on the cause of
the violation. The Governor or his designee will select the contingency
measure(s) to be implemented within 6 months of a monitored violation
attributable to ozone and ozone precursors from the Grand Rapids area.
The menu of contingency measures includes a motor vehicle inspection and
maintenance program, Stage II vapor recovery, RVP reduction to 7.8 psi,
RACT on major non-CTG VOC sources in the categories of coating of
plastics, coating of wood furniture, and industrial cleaning solvents.
The redesignation request and maintenance plan meet the redesignation
requirements in section 107(d)(3)(E) and 175A of the Act as amended in
1990, respectively. The redesignation meets the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the Michigan
Ozone State Implementation Plan for the above mentioned counties.
(p) Approval--On November 22, 1995 the Michigan Department of
Natural Resources submitted a petition for exemption from transportation
conformity requirements for the Muskegon ozone nonattainment area. This
approval exempts the Muskegon ozone nonattainment area from
transportation conformity requirements under section 182(b)(1) of the
Clean Air Act. If a violation of the ozone standard occurs in the
Muskegon County ozone nonattainment area, the exemption shall no longer
apply.
(q) Correction of approved plan--Michigan air quality Administrative
Rule, R336.1901 (Rule 901)--Air Contaminant or Water Vapor, has been
removed from the approved plan pursuant to section 110(k)(6) of the
Clean Air Act (as amended in 1990).
(r) Approval--On March 9, 1995, the Michigan Department of
Environmental Quality submitted a request to redesignate the Muskegon
County ozone nonattainment area to attainment. As part of the
redesignation request, the State submitted a maintenance plan as
required by 175A of the
[[Page 197]]
Clean Air Act, as amended in 1990. Elements of the section 175A
maintenance plan include a contingency plan, and an obligation to submit
a subsequent maintenance plan revision in 8 years as required by the
Clean Air Act. If the area records a violation of the 1-hour ozone
NAAQS, determined not to be attributable to transport from upwind areas,
Michigan will implement one or more appropriate contingency measure(s)
which are in the contingency plan. The menu of contingency measures
includes a motor vehicle inspection and maintenance program, stage II
vapor recovery, a low Reid vapor pressure gasoline program, and rules
for industrial cleanup solvents, plastic parts coating, and wood
furniture coating.
(s) Approval--On May 9, 2000, the State of Michigan submitted a
revision to the Michigan State Implementation Plan for ozone containing
a section 175A maintenance plan for the Flint and Saginaw-Midland-Bay
City areas as part of Michigan's request to redesignate the areas from
nonattainment to attainment for ozone. Elements of the section 175A
maintenance plan include a contingency plan, and an obligation to submit
a subsequent maintenance plan revision in 8 years as required by the
Clean Air Act. If monitors in any of these areas record a violation of
the ozone NAAQS (which must be confirmed by the State), Michigan will
adopt, submit to EPA, and implement one or more appropriate contingency
measure(s) which are in the contingency plan and will submit a full
maintenance plan under section 175A of the Clean Air Act. The menu of
contingency measures includes a low Reid vapor pressure gasoline
program, stage I gasoline vapor recovery, and rules for industrial
cleanup solvents, plastic parts coating, and wood furniture coating.
(t) Approval--On March 9, 1995, the Michigan Department of
Environmental Quality submitted a request to redesignate the Allegan
County ozone nonattainment area to attainment. As part of the
redesignation request, the State submitted a maintenance plan as
required by 175A of the Clean Air Act, as amended in 1990. Elements of
the section 175A maintenance plan include a contingency plan, and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If the area records a violation of the
1-hour ozone NAAQS, determined not to be attributable to transport from
upwind areas, Michigan will implement one or more appropriate
contingency measure(s) which are in the contingency plan. The menu of
contingency measures includes rules for plastic parts coating, wood
furniture coating, and gasoline loading (Stage I vapor recovery).
(u) Approval--On March 22, 2001, Michigan submitted a revision to
the ozone maintenance plan for the Muskegon County area. The revision
consists of allocating a portion of the Muskegon County area's Volatile
Organic Compounds (VOC) and Oxides of Nitrogen (NOX) safety
margin to the transportation conformity Motor Vehicle Emission Budget
(MVEB). The MVEB for transportation conformity purposes for the Muskegon
County area are now: 8.5 tons per day of VOC emissions and 10.2 tons per
day of NOX emissions for the year 2010. This approval only
changes the VOC and NOX transportation conformity MVEB for
Muskegon County.
(v) Approval--On December 19, 2003, Michigan submitted an update to
the Section 175(A) maintenance plan for the Southeast Michigan 1-hour
ozone maintenance area, which consists of Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne counties. This update addresses
the second 10-year period of maintenance of the ozone standard in
Southeast Michigan, which spans the years 2005 through 2015. The
maintenance plan also revises the Motor Vehicle Emissions Budget (MVEB).
For the year 2005, the MVEB for VOC is 218.1 tons per day (tpd), and the
MVEB for NOX is 412.9 tpd. For the year 2015, the MVEB for
VOC is 172.8 tpd, and the MVEB for NOX is 412.9 tpd.
(w) Approval--On June 17, 2005, the Michigan Department of
Environmental Quality submitted a petition requesting the exemption from
Clean Air Act oxides of nitrogen control requirements in six 8-hour
ozone nonattainment areas. The Grand Rapids, Kalamazoo/Battle Creek,
Lansing/East Lansing, Benzie County, Huron County,
[[Page 198]]
and Mason County nonattainment areas each receive an exemption. Section
182(f) of the 1990 amended Clean Air Act authorizes the exceptions. The
exemption will no longer apply in an area if it experiences a violation
of the 8-hour ozone standard.
(x) Approval--On May 9, 2006, Michigan submitted requests to
redesignate the Grand Rapids (Kent and Ottawa Counties), Kalamazoo-
Battle Creek (Calhoun, Kalamazoo, and Van Buren Counties), Lansing-East
Lansing (Clinton, Eaton, and Ingham Counties), Benzie County, Huron
County, and Mason County areas to attainment of the 8-hour ozone
National Ambient Air Quality Standard (NAAQS). The State supplemented
its redesignation requests on May 26, 2006, and August 25, 2006. As part
of its redesignation requests, the State submitted maintenance plans as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit subsequent maintenance plan revisions in 8 years as required by
the Clean Air Act. If monitors in any of these areas record a violation
of the 8-hour ozone NAAQS, Michigan will adopt and implement one or more
contingency measures. The list of possible contingency measures
includes: Lower Reid vapor pressure gasoline requirements; reduced
volatile organic compound (VOC) content in architectural, industrial,
and maintenance coatings rule; auto body refinisher self-certification
audit program; reduced VOC degreasing rule; transit improvements; diesel
retrofit program; reduced VOC content in commercial and consumer
products rule; and a program to reduce idling. Also included in the
Michigan's submittal were motor vehicle emission budgets (MVEBs) for use
to determine transportation conformity in the areas. For the Grand
Rapids area, the 2018 MVEBs are 40.70 tpd for VOC and 97.87 tpd for
oxides of nitrogen (NOX). For the Kalamazoo-Battle Creek
area, the 2018 MVEBs are 29.67 tpd for VOC and 54.36 tpd for
NOX. For the Lansing-East Lansing area, the 2018 MVEBs are
28.32 tpd for VOC and 53.07 tpd for NOX. For the Benzie
County area, the 2018 MVEBs are 2.24 tpd for VOC and 1.99 tpd for
NOX. For the Huron County area, the 2018 MVEBs are 2.34 tpd
for VOC and 7.53 tpd for NOX. For the Mason County area, the
2018 MVEBs are 1.81 tpd for VOC and 2.99 tpd for NOX.
(y) Approval--On June 13, 2006, Michigan submitted requests to
redesignate the Flint (Genesee and Lapeer Counties), Muskegon (Muskegon
County), Benton Harbor (Berrien County), and Cass County areas to
attainment of the 8-hour ozone National Ambient Air Quality Standard
(NAAQS). The State supplemented its redesignation requests on August 25,
2006, and November 30, 2006. As part of its redesignation requests, the
State submitted maintenance plans as required by section 175A of the
Clean Air Act. Elements of the section 175 maintenance plan include a
contingency plan and an obligation to submit subsequent maintenance plan
revisions in 8 years as required by the Clean Air Act. If monitors in
any of these areas record a violation of the 8-hour ozone NAAQS,
Michigan will adopt and implement one or more contingency measures. The
list of possible contingency measures includes: Lower Reid vapor
pressure gasoline requirements; reduced volatile organic compound (VOC)
content in architectural, industrial, and maintenance coatings rule;
auto body refinisher self-certification audit program; reduced VOC
degreasing rule; transit improvements; diesel retrofit program; reduced
VOC content in commercial and consumer products rule; and a program to
reduce idling. Also included in the Michigan's submittal were motor
vehicle emission budgets (MVEBs) for use to determine transportation
conformity in the areas. For the Flint area, the 2018 MVEBs are 25.68
tpd for VOC and 37.99 tpd for oxides of nitrogen (NOX). For
the Muskegon area, the 2018 MVEBs are 6.67 tpd for VOC and 11.00 tpd for
NOX. For the Benton Harbor area, the 2018 MVEBs are 9.16 tpd
for VOC and 15.19 tpd for NOX. For the Cass County area, the
2018 MVEBs are 2.76 tpd for VOC and 3.40 tpd for NOX.
(z) Approval--On March 6, 2009, Michigan submitted a request to
redesignate the Detroit-Ann Arbor area (Lenawee, Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw,
[[Page 199]]
and Wayne Counties) to attainment of the 1997 8-hour ozone National
Ambient Air Quality Standard (NAAQS). As part of its redesignation
requests, the State submitted a maintenance plan as required by section
175A of the Clean Air Act. Elements of the section 175 maintenance plan
include a contingency plan and an obligation to submit subsequent
maintenance plan revisions in 8 years as required by the Clean Air Act.
If monitors in any of these areas record a violation of the 8-hour ozone
NAAQS, Michigan will adopt and implement one or more contingency
measures. The list of possible contingency measures includes: Reduced
VOC content in architectural, industrial, and maintenance (AIM) coatings
rule; auto body refinisher self-certification audit program; reduced VOC
degreasing/solvent cleaning rule; diesel retrofit program; reduced
idling program; portable fuel container replacement rule; and, food
preparation flame broiler control rule. Also included in the Michigan's
submittal were a 2005 base year emissions inventory and motor vehicle
emission budgets (MVEBs) for use to determine transportation conformity
in the area. For the Detroit-Ann Arbor area, Michigan has established
separate MVEBS for the Southeast Michigan Council of Governments
(SEMCOG) region (Livingston, Macomb, Monroe, Oakland, St. Clair,
Washtenaw, and Wayne Counties) and for Lenawee County. MDEQ has
determined the 2020 MVEBs for the SEMCOG region to be 106 tons per day
for VOC and 274 tpd for NOX. MDEQ has determined the 2020
MVEBs for Lenawee County to be 2.1 tpd for VOC and 4.4 tpd for
NOX.
[45 FR 58528, Sept. 4, 1980]
Editorial Note: For Federal Register citations affecting Sec.
52.1174, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1175 Compliance schedules.
(a) The requirements of Sec. 51.15(a)(2) of this chapter as of May
31, 1972, (36 FR 22398) are not met since Rule 336.49 of the Michigan
Air Pollution Control Commission provides for individual compliance
schedules to be submitted to the State Agency by January 1, 1974. This
would not be in time for submittal to the Environmental Protection
Agency with the first semiannual report.
(b) [Reserved]
(c) The requirements of Sec. 51.262(a) of this chapter are not met
since compliance schedules with adequate increments of progress have not
been submitted for every source for which they are required.
(d) Federal compliance schedules. (1) Except as provided in
paragraph (d)(3) of this section, the owner or operator of any
stationary source subject to the following emission-limiting regulations
in the Michigan implementation plan shall comply with the applicable
compliance schedule in paragraph (d)(2) of this section: Air Pollution
Control Commission, Department of Public Health, Michigan Rule 336.49.
(2) Compliance schedules. (i) The owner or operator of any boiler or
furnace of more than 250 million Btu per hour heat input subject to Rule
336.49 and located in the Central Michigan Intrastate AQCR, South Bend-
Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR
(as defined in part 81 of this title) shall notify the Administrator, no
later than October 1, 1973, of his intent to utilize either low-sulfur
fuel or stack gas desulfurization to comply with the limitations
effective July 1, 1975, in Table 3 or Table 4 of Rule 336.49.
(ii) Any owner or operator of a stationary source subject to
paragraph (d)(2)(i) of this section who elects to utilize low-sulfur
fuel shall take the following actions with respect to the source no
later than the dates specified.
(a) November 1, 1973--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with Table 3 of Rule 336.49 on July 1, 1975, and for
at least one year thereafter.
(b) December 31, 1973--Sign contracts with fuel suppliers for
projected fuel requirements.
(c) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
[[Page 200]]
(d) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
(e) June 15, 1974--Initiate onsite modifications, if applicable.
(f) March 31, 1975--Complete onsite modifications, if applicable.
(g) July 1, 1975--Achieve final compliance with the applicable July
1, 1975, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
(iii) Any owner or operator of a stationary source subject to
paragraph (d)(2)(i) of this section who elects to utilize stack gas
desulfurization shall take the following actions with respect to the
source no later than the dates specified.
(a) November 1, 1973--Let necessary contracts for construction.
(b) March 1, 1974--Initiate onsite construction.
(c) March 31, 1975--Complete onsite construction.
(d) July 1, 1975--Achieve final compliance with the applicable July
1, 1975, emission limitation listed in Table 4 of Rule 336.49.
(e) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
July 1, 1975. Ten days prior to such a test, notice must be given to the
Administrator to afford him the opportunity to have an observer present.
(iv) The owner or operator of any boiler or furnace of more than 250
million Btu per hour heat input subject to Rule 336.49 and located in
the Central Michigan Intrastate AQCR. South Bend-Elkhart-Benton Harbor
Interstate AQCR, or Upper Michigan Intrastate AQCR shall notify the
Administrator, no later than January 31, 1974, of his intent to utilize
either low-sulfur fuel or stack gas desulfurization to comply with the
limitation effective July 1, 1978, in Table 3 or Table 4 of Rule 336.49.
(v) Any owner or operator of a stationary source subject to
paragraph (d)(2)(iv) of this section who elects to utilize low-sulfur
fuel shall take the following actions with respect to the source no
later than the dates specified.
(a) October 15, 1976--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with Table 3 of Rule 336.49 on July 1, 1978, and for
at least one year thereafter.
(b) December 31, 1976--Sign contracts with fuel suppliers for
projected fuel requirements.
(c) January 31, 1977--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(d) March 15, 1977--Let contracts for necessary boiler
modifications, if applicable.
(e) June 15, 1977--Initiate onsite modifications, if applicable.
(f) March 31, 1978--Complete onsite modifications, if applicable.
(g) July 1, 1978--Achieve final compliance with the applicable July
1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
(vi) Any owner or operator of a stationary source subject to
paragraph (d)(2)(iv) of this section who elects to utilize stack gas
desulfurization shall take the following actions with regard to the
source no later than the dates specified.
(a) November 1, 1976--Let necessary contracts for construction.
(b) March 1, 1977--Initiate onsite construction.
(c) March 31, 1978--Complete onsite construction.
(d) July 1, 1978--Achieve final compliance with the applicable July
1, 1978, mission limitation listed in Table 4 of Rule 336.49.
(e) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
July 1, 1978. Ten days prior to such a test, notice must be given to the
Administrator to afford him the opportunity to have an observer present.
(vii) Any owner or operator subject to a compliance schedule above
shall certify to the Administrator, within five days after the deadline
for each increment of progress in that schedule, whether or not the
increment has been met.
(3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to
a source which is presently in compliance with
[[Page 201]]
Table 3 or Table 4 of Rule 336.49 and which has certified such
compliance to the Administrator by October 1, 1973. The Administrator
may request whatever supporting information he considers necessary for
proper certification.
(ii) Any compliance schedule adopted by the State and approved by
the Administrator shall satisfy the requirements of this paragraph for
the affected source.
(iii) Any owner or operator subject to a compliance schedule in this
paragraph may submit to the Administrator no later than October 1, 1973,
a proposed alternative compliance schedule. No such compliance schedule
may provide for final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
(4) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (d)(2) of this section fails to
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this
chapter.
(e) The compliance schedules for the sources identified below are
approved as meeting the requirements of Sec. 51.104 and subpart N of
this chapter. All regulations cited are air pollution control
regulations of the State, unless otherwise noted.
Michigan
[See footnotes at end of table]
----------------------------------------------------------------------------------------------------------------
Regulations Date schedule Final compliance
Source Location involved adopted date
----------------------------------------------------------------------------------------------------------------
berrien county
----------------------------------------------------------------------------------------------------------------
Conoco, Inc..................... Berrien........... R336.1603, Sept. 26, 1981.... Dec. 31, 1982.
R336.1609.
----------------------------------------------------------------------------------------------------------------
calhoun county
----------------------------------------------------------------------------------------------------------------
Clark Oil and Refining Corp..... Calhoun........... R336.1603 May 14, 1982...... Dec. 31, 1982.
R336.1609.
----------------------------------------------------------------------------------------------------------------
charlevoix county
----------------------------------------------------------------------------------------------------------------
Northern Michigan Electric Boyne City........ 336.1401 (336.49). Jan. 10, 1980..... Jan. 1, 1985.
Cooperative Advance Steam Plant.
----------------------------------------------------------------------------------------------------------------
genesee county
----------------------------------------------------------------------------------------------------------------
Buick Motor Division............ City of Flint..... R336.1301......... May 5, 1980....... Dec. 31, 1982.
GM Warehousing Dist. Div. Genesee........... R336.1331......... Dec. 31, 1981..... Oct. 15, 1983.
Boilers 1 and 2.
GM Warehousing Dist. Div. ......do.......... R336.1331......... Dec. 1, 1981...... Oct. 15, 1981.
Boilers 3 and 4.
----------------------------------------------------------------------------------------------------------------
macomb county
----------------------------------------------------------------------------------------------------------------
New Haven Foundry............... Macomb County..... R336.1301, Aug. 14, 1980..... June 30, 1985.
R336.1331,
R336.1901.
----------------------------------------------------------------------------------------------------------------
midland county
----------------------------------------------------------------------------------------------------------------
Dow Chemical.................... Midland........... R336.1301 and July 21, 1982..... Dec. 31, 1985.
R336.1331.
----------------------------------------------------------------------------------------------------------------
monroe county
----------------------------------------------------------------------------------------------------------------
Detroit Edison (Monroe plant)... Monroe............ 336.49............ July 7, 1977...... Jan. 1, 1985.
Dundee Cement Company........... Dundee............ 336.41, 44........ Oct. 17, 1979..... Dec. 31, 1983.
(336.1301,
336.1331).
Union Camp...................... Monroe............ 336.1401.......... Jan. 3, 1980...... Jan. 1, 1985.
(336.49)..........
----------------------------------------------------------------------------------------------------------------
[[Page 202]]
muskegon county
----------------------------------------------------------------------------------------------------------------
Consumers Power Company (B. C. Muskegon.......... 336.1401.......... Dec. 10, 1979..... Jan. 1, 1985.
Cobb). (336.49)..........
S. D. Warren Co................. Muskegon.......... 336.49 (336.1401). Oct. 31, 1979..... Nov. 1, 1984.
Marathon Oil.................... ......do.......... 336.1603.......... July 31, 1981..... Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
saginaw county
----------------------------------------------------------------------------------------------------------------
Grey Iron Casting and Nodular Saginaw........... R336.1301......... Apr. 16, 1980..... Dec. 31, 1982.
Iron Casting Plants.
----------------------------------------------------------------------------------------------------------------
wayne county
----------------------------------------------------------------------------------------------------------------
Boulevard Heating Plant......... Wayne............. R336.1331......... Apr. 28, 1981..... Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
Footnotes:
\1\ For the attainment of the primary standard.
\2\ For the attainment of the secondary standard.
\3\ For the maintenance of the secondary standard.
(f) The compliance schedules for the sources identified below are
disapproved as not meeting the requirements of Sec. 51.15 of this
chapter. All regulations cited are air pollution control regulations of
the State, unless otherwise noted.
Michigan
----------------------------------------------------------------------------------------------------------------
Source Location Regulation involved Date schedule adopted
----------------------------------------------------------------------------------------------------------------
bay county
----------------------------------------------------------------------------------------------------------------
Consumer Power (Karn Plant).......... Essexville............. 336.44................. Sept. 18, 1973.
----------------------------------------------------------------------------------------------------------------
ottawa county
----------------------------------------------------------------------------------------------------------------
Consumer Power Co. (Campbell Plant West Olive............. 336.44................. Sept. 18, 1973.
Units 1, 2).
----------------------------------------------------------------------------------------------------------------
[37 FR 10873, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.1175, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1176 Review of new sources and modifications. [Reserved]
Sec. Sec. 52.1177-52.1178 [Reserved]
Sec. 52.1179 Control strategy: Carbon monoxide.
(a) Approval--On March 18, 1999, the Michigan Department of
Environmental Quality submitted a request to redesignate the Detroit CO
nonattainment area (consisting of portions of Wayne, Oakland and Macomb
Counties) to attainment for CO. As part of the redesignation request,
the State submitted a maintenance plan as required by 175A of the Clean
Air Act, as amended in 1990. Elements of the section 175A maintenance
plan include a base year (1996 attainment year) emission inventory for
CO, a demonstration of maintenance of the ozone NAAQS with projected
emission inventories to the year 2010, a plan to verify continued
attainment, a contingency plan, and an obligation to submit a subsequent
maintenance plan revision in 8 years as required by the Clean Air Act.
If the area records a violation of the CO NAAQS (which must be confirmed
by the State), Michigan will implement one or
[[Page 203]]
more appropriate contingency measure(s) which are contained in the
contingency plan. The menu of contingency measures includes enforceable
emission limitations for stationary sources, transportation control
measures, or a vehicle inspection and maintenance program. The
redesignation request and maintenance plan meet the redesignation
requirements in sections 107(d)(3)(E) and 175A of the Act as amended in
1990.
(b) Approval--On December 19, 2003, Michigan submitted a request to
revise its plan for the Southeast Michigan CO maintenance area
(consisting of portions of Wayne, Oakland and Macomb Counties). The
submittal contains updated emission inventories for 1996 and 2010, and
an update to the 2010 motor vehicle emissions budget (MVEB). The 2010
MVEB is 3,842.9 tons of CO per day.
(c) Approval--On October 3, 2016, the State of Michigan submitted a
revision to their Carbon Monoxide State Implementation Plan. The
submittal established transportation conformity ``Conformity'' criteria
and procedures related to interagency consultation, and enforceability
of certain transportation related control and mitigation measures.
[70 FR 4023, Jan. 28, 2005, as amended at 82 FR 17136, Apr. 10, 2017]
Sec. 52.1180 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan does not include approvable procedures
for preventing the significant deterioration of air quality.
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are
hereby incorporated and made a part of the applicable State plan for the
State of Michigan.
(c) All applications and other information required pursuant to
Sec. 52.21 of this part from sources located in the State of Michigan
shall be submitted to the state agency, Michigan Department of Natural
Resources and Environment, Air Quality Division, P.O. Box 30028,
Lansing, Michigan 48909, rather than to EPA's Region 5 office.
[45 FR 8299, Feb. 7, 1980; 45 FR 52741, Aug. 7, 1980, as amended at 68
FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003; 75 FR 55275, Sept.
10, 2010]
Sec. 52.1181 Interstate pollution.
(a) The requirements of Section 126(a)(1) of the Clean Air Act as
amended in 1977 are not met since the state has not submitted to EPA, as
a part of its State Implementation Plan, the procedures on which the
state is relying to notify nearby states of any proposed major
stationary source which may contribute significantly to levels of air
pollution in excess of the National Ambient Air Quality Standards in
that state.
[46 FR 30084, June 5, 1981]
Sec. 52.1182 State boards.
(a) The requirements of Section 128 of the Clean Air Act as amended
in 1977 are not met since the state has not submitted to EPA, as a part
of its State Implementation Plan, the measures on which the state is
relying to insure that the Air Pollution Control Commission contains a
majority of members who represent the public interest and do not derive
a significant portion of their income from persons subject to permits or
enforcement orders under the Act and that the board members adequately
disclose any potential conflicts of interest.
[46 FR 30084, June 5, 1981]
Sec. 52.1183 Visibility protection.
(a) [Reserved]
(b) Regulation for visibility monitoring and new source review. The
provisions of Sec. 52.28 are hereby incorporated and made a part of the
applicable plan for the State of Michigan.
(c) [Reserved]
(d) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by Michigan on
November 5, 2010, does not include fully approvable measures for meeting
the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to
emissions of NOX and SO2 from electric generating
units. EPA has given limited approval and limited
[[Page 204]]
disapproval to the plan provisions addressing these requirements.
(e) Measures Addressing Limited Disapproval Associated With NOX. The
deficiencies associated with NOX identified in EPA's limited
disapproval of the regional haze plan submitted by Michigan on November
5, 2010, are satisfied by Sec. 52.1186.
(f) Measures Addressing Limited Disapproval Associated With SO2. The
deficiencies associated with SO2 identified in EPA's limited
disapproval of the regional haze plan submitted by Michigan on November
5, 2010, are satisfied by Sec. 52.1187.
(g) The requirements of section 169A of the Clean Air Act are not
met because the regional haze plan submitted on November 5, 2010, does
not meet the best available retrofit technology requirements of 40 CFR
51.308(e) with respect to emissions of NOX and SO2
from Saint Marys Cement in Charlevoix and NOX from Escanaba
Paper Company in Escanaba. These requirements for these two facilities
are satisfied by 40 CFR 52.1183(h) and 40 CFR 52.1183(i), respectively.
(h)(1) For the 30-day period beginning January 1, 2017, and
thereafter, Saint Marys Cement, or any subsequent owner or operator of
the Saint Marys Cement facility located in Charlevoix, Michigan, shall
not cause or permit the emission of oxides of nitrogen (expressed as
NO2) to exceed 2.80 lb per ton of clinker as a 30-day rolling
average.
(2) For the 12-month period beginning January 1, 2017, and
thereafter, Saint Marys Cement, or any subsequent owner or operator of
the Saint Marys Cement facility located in Charlevoix, Michigan, shall
not cause or permit the emission of NOX (expressed as
NO2) to exceed 2.40 lb per ton of clinker as a 12-month
average.
(3) Saint Marys Cement, or any subsequent owner or operator of the
Saint Marys Cement facility located in Charlevoix, Michigan, shall not
cause or permit the emission of SO2 to exceed 7.50 lb per ton
of clinker as a 12-month average.
(4) Saint Marys Cement, or any subsequent owner or operator of the
Saint Marys Cement facility located in Charlevoix, Michigan, shall
operate continuous emission monitoring systems to measure NOX
and SO2 emissions from its kiln system in conformance with 40
CFR part 60 appendix F procedure 1.
(5) The reference test method for assessing compliance with the
limit in paragraph (h)(1) of this section shall be use of a continuous
emission monitoring system operated in conformance with 40 CFR part 60,
appendix F, procedure 1. A new 30-day average shall be computed at the
end of each calendar day in which the kiln operates, based on the
following procedure: First, sum the total pounds of NOX
(expressed as NO2) emitted during the operating day and the
previous twenty-nine operating days, second, sum the total tons of
clinker produced during the same period, and third, divide the total
number of pounds by the total clinker produced during the thirty
operating days.
(6) The reference test method for assessing compliance with the
limit in paragraphs (h)(2) and (h)(3) of this section shall be use of a
continuous emission monitoring system operated in conformance with 40
CFR part 60, appendix F, procedure 1. A new 12-month average shall be
computed at the end of each calendar month, based on the following
procedure: First, sum the total pounds of NOX or
SO2, as applicable, emitted from the unit during the month
and the previous eleven calendar months, second, sum the total tons of
clinker production during the same period, and third, divide the total
number of pounds of emissions of NOX or SO2, as
applicable, by the total clinker production during the twelve calendar
months.
(7) Recordkeeping. The owner/operator shall maintain the following
records for at least five years:
(i) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(ii) All records of clinker production, which shall be monitored in
accordance with 40 CFR 60.63.
(iii) Records of quality assurance and quality control activities
for emissions measuring systems including, but not limited to, any
records required by 40 CFR part 60, appendix F, Procedure 1.
(iv) Records of all major maintenance activities conducted on
emission
[[Page 205]]
units, air pollution control equipment, CEMS and clinker production
measurement devices.
(v) Any other records required by 40 CFR part 60, subpart F, or 40
CFR part 60, appendix F, procedure 1.
(8) Reporting. All reports under this section shall be submitted to
Chief, Air Enforcement and Compliance Assurance Branch, U.S.
Environmental Protection Agency, Region 5, Mail Code AE-17J, 77 W.
Jackson Blvd., Chicago, IL 60604-3590.
(i) The owner/operator shall submit quarterly excess emissions
reports for SO2 and NOX BART limits no later than
the 30th day following the end of each calendar quarter. Excess
emissions means emissions that exceed the emissions limits specified in
paragraph (h)(1), (h)(2), and (h)(3) of this section. The reports shall
include the magnitude, date(s), and duration of each period of excess
emissions, specific identification of each period of excess emissions
that occurs during startups, shutdowns, and malfunctions of the unit,
the nature and cause of any malfunction (if known), and the corrective
action taken or preventative measures adopted.
(ii) Owner/operator of each unit shall submit quarterly CEMS
performance reports, to include dates and duration of each period during
which the CEMS was inoperative (except for zero and span adjustments and
calibration checks), reason(s) why the CEMS was inoperative and steps
taken to prevent recurrence, and any CEMS repairs or adjustments.
(iii) The owner/operator shall also submit results of any CEMS
performance tests required by 40 CFR part 60, appendix F, Procedure 1
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(iv) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, such
information shall be stated in the quarterly reports required by
paragraphs (h)(7)(i) and (ii) of this section.
(i) Escanaba Paper Company, or any subsequent owner or operator of
the Escanaba Paper Company facility in Escanaba, Michigan, shall meet
the following requirements and shall not cause or permit the emission of
NOX (expressed as NOX) to exceed the following
limits:
(1) For Boiler 8, designated as EU8B13, a rolling 30-day average
limit of 0.35 lb per MMBTU.
(2) A continuous emission monitoring system shall be operated to
measure NOX emissions from Boiler 8 in conformance with 40
CFR part 60, appendix F.
(3) The reference test method for assessing compliance with the
limit in paragraph (i)(1) of this section shall be a continuous emission
monitoring system operated in conformance with 40 CFR part 60, appendix
F. A new 30-day average shall be computed at the end of each calendar
day in which the boiler operated, based on the following procedure:
first, sum the total pounds of NOX emitted from the unit
during the operating day and the previous twenty-nine operating days,
second sum the total heat input to the unit in MMBTU during the same
period, and third, divide the total number of pounds of NOX
emitted by the total heat input during the thirty operating days.
(4) For Boiler 9, also identified as EU9B03, a limit of 0.27 lb per
MMBTU.
(5) The reference test method for assessing compliance with the
limit in paragraph (i)(4) of this section shall be a test conducted in
accordance with 40 CFR part 60, appendix A, Method 7.
(6) Recordkeeping. The owner/operator shall maintain the following
records regarding Boiler 8 and Boiler 9 for at least five years:
(i) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(ii) All stack test results.
(iii) Daily records of fuel usage, heat input, and data used to
determine heat content.
(iv) Records of quality assurance and quality control activities for
emissions measuring systems including, but not limited to, any records
required by 40 CFR part 60, appendix F, Procedure 1.
(v) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
[[Page 206]]
(vi) Any other records identified in 40 CFR 60.49b(g) or 40 CFR part
60, appendix F, Procedure 1.
(7) Reporting. All reports under this section shall be submitted to
the Chief, Air Enforcement and Compliance Assurance Branch, U.S.
Environmental Protection Agency, Region 5, Mail Code AE-17J, 77 W.
Jackson Blvd., Chicago, IL 60604-3590.
(i) Owner/operator of Boiler 8 shall submit quarterly excess
emissions reports for the limit in paragraph (i)(1) no later than the
30th day following the end of each calendar quarter. Excess emissions
means emissions that exceed the emissions limit specified in paragraph
(i)(1) of this section. The reports shall include the magnitude,
date(s), and duration of each period of excess emissions, specific
identification of each period of excess emissions that occurs during
startups, shutdowns, and malfunctions of the unit, the nature and cause
of any malfunction (if known), and the corrective action taken or
preventative measures adopted.
(ii) Owner/operator of Boiler 8 shall submit quarterly CEMS
performance reports, to include dates and duration of each period during
which the CEMS was inoperative (except for zero and span adjustments and
calibration checks or when Boiler 8 is not operating), reason(s) why the
CEMS was inoperative and steps taken to prevent recurrence, and any CEMS
repairs or adjustments.
(iii) Owner/operator of Boiler 8 shall also submit results of any
CEMS performance tests required by 40 CFR part 60, appendix F, procedure
1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(iv) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, such
information shall be stated in the quarterly reports required by
paragraph (i)(7) of this section.
(v) Owner/operator of Boiler 9 shall submit reports of any
compliance test measuring NOX emissions from Boiler 9 within
60 days of the last day of the test. If owner/operator commences
operation of a continuous NOX emission monitoring system for
Boiler 9, owner/operator shall submit reports for Boiler 9 as specified
for Boiler 8 in paragraphs (i)(7)(i) to (i)(7)(iv) of this section.
(j) [Reserved]
(k) Tilden Mining Company, or any subsequent owner/operator of the
Tilden Mining Company facility in Ishpeming, Michigan, shall meet the
following requirements:
(1) NOX Emission Limits. (i) An emission limit of 2.8 lbs
NOX/MMBTU, based on a 720-hour rolling average, shall apply
to Tilden Grate Kiln Line 1 when burning natural gas, and an emission
limit of 1.5 lbs NOX/MMBTU, based on a 720-hour rolling
average, shall apply to Tilden Grate Kiln Line 1 when burning coal or a
mixture of coal and natural gas. These emission limits will become
enforceable 60 months after May 12, 2016 and only after EPA's
confirmation or modification of the emission limit in accordance with
the procedures set forth in paragraphs (k)(1)(ii) through (viii) of this
section.
(ii) Compliance with these emission limits shall be demonstrated
with data collected by a continuous emissions monitoring system (CEMS)
for NOX. The owner or operator must start collecting CEMS
data for NOX upon May 12, 2016 and submit the data to EPA no
later than 30 days from the end of each calendar quarter. Any remaining
data through the end of the 57th month from May 12, 2016, that does not
fall within a calendar quarter, must be submitted to EPA no later than
30 days from the end of the 57th month. Although CEMS data must continue
to be collected, it does not need to be submitted to EPA starting 57
months after May 12, 2016.
(iii) No later than 48 months from May 12, 2016, the owner or
operator must submit to EPA a report, including any final report(s)
completed by the selected NOX reduction technology supplier
and furnace retrofit engineer, containing a detailed engineering
analysis and modeling of the NOX reduction control technology
being installed on Tilden Grate Kiln Line 1. This report must include a
list of all variables that can reasonably be expected to have an impact
on NOX emission control technology performance, as well as a
description of how these variables can be adjusted to reduce
NOX emissions to meet the NOX design emission
limit.
[[Page 207]]
This NOX reduction control technology must be designed to
meet emission limits of 2.8 lbs NOX/MMBTU when burning
natural gas and 1.5 lbs NOX/MMBTU when burning coal or a
mixture of coal and natural gas.
(iv) The NOX reduction control technology shall be
installed on Tilden Grate Kiln Line 1 furnace no later than 50 months
from May 12, 2016.
(v) Commencing on the earlier of: Six months from the installation
of the NOX reduction control technology or 50 months from May
12, 2016, the owner or operator must provide to EPA the results from
pellet quality analyses. The owner or operator shall provide the results
from pellet quality analyses no later than 30 days from the end of each
calendar quarter up until 57 months after May 12, 2016. Any remaining
results through the end of the 57th month that do not fall within a
calendar quarter must be submitted to EPA no later than 30 days from the
end of the 57th month. The pellet quality analyses shall include results
for the following factors: Compression, reducibility, before tumble,
after tumble, and low temperature disintegration. For each of the pellet
quality analysis factors the owner or operator must explain the pellet
quality analysis factor as well as the defined acceptable range for each
factor using the applicable product quality standards based upon
customers' pellet specifications that are contained in Tilden's ISO 9001
quality management system. The owner or operator shall provide pellet
quality analysis testing results that state the date and time of the
analysis and, in order to define the time period when pellets were
produced outside of the defined acceptable range for the pellet quality
factors listed, provide copies of the production logs that document the
starting and ending times for such periods. The owner or operator shall
provide an explanation of causes for pellet samples that fail to meet
the acceptable range for any pellet quality analysis factor. Pellet
quality information and data may be submitted to EPA as Confidential
Business Information.
(vi) No later than 57 months after May 12, 2016, the owner or
operator may submit to EPA a report to either confirm or modify the
NOX limits for Tilden Grate Kiln Line 1 within the upper and
lower bounds described below. EPA will review the report and either
confirm or modify the NOX limits. If the CEMS data collected
during operating periods between months 50 and 57 that both meet pellet
quality specifications and proper furnace/burner operation is normally
distributed, the limit adjustment determination shall be based on the
appropriate (depending upon whether data are statistically independent
or dependent) 95% upper predictive limit (UPL) equations in paragraph
(p) of this section. If the CEMS data collected during operating periods
between months 50 and 57 that both meet pellet quality specifications
and proper furnace/burner operation are not normally distributed, the
limit adjustment determination shall be based on the non-parametric
equation provided in paragraph (p) of this section. The data set for the
determination shall exclude periods when pellet quality did not fall
within the defined acceptable ranges of the pellet quality factors
identified pursuant to paragraph (k)(1)(v) of this section and for any
subsequent period when production had been reduced in response to pellet
quality concerns consistent with Tilden's ISO 9001 operating standards.
Any excluded period will commence at the time documented on the
production log demonstrating pellet quality did not fall within the
defined acceptable range and shall end when pellet quality within the
defined acceptable range has been re-established at planned production
levels, which will be presumed to be the level that existed immediately
prior to the reduction in production due to pellet quality concerns. EPA
may also exclude data where operations are inconsistent with the
reported design parameters of the NOX reduction control
technology that were installed.
(vii) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limits in the Federal
Register no later than 60 months after May 12, 2016. The confirmed or
modified NOX limit for Tilden Grate Kiln Line 1 when burning
only natural gas may be no lower than 2.8 lbs NOX/MMBTU,
based on a 720-hour rolling average, and may not exceed 3.0
[[Page 208]]
lbs NOX/MMBTU, based on a 720-hour rolling average. The
confirmed or modified NOX limit for Tilden Grate Kiln Line 1
when burning coal or a mixture of coal and natural gas may be no lower
than 1.5 lbs NOX/MMBTU, based on a 720-hour rolling average,
and may not exceed 2.5 lbs NOX/MMBTU, based on a 720-hour
rolling average.
(viii) If the owner or operator submits a report proposing a single
NOX limit for all fuels, EPA may approve the proposed
NOX limit for all fuels based on a 30-day rolling average.
The confirmed or modified limit will be established and enforceable
within 60 months from May 12, 2016.
(2) SO2 Emission Limits. A fuel sulfur content limit of no greater
than 1.20 percent sulfur content by weight shall apply to fuel combusted
in Process Boiler 1 (EUBOILER1) and Process Boiler 2 (EUBOILER2)
beginning three months from March 8, 2013. A fuel sulfur content limit
of no greater than 1.50 percent sulfur content by weight shall apply to
fuel combusted in the Line 1 Dryer (EUDRYER1) beginning 3 months from
March 8, 2013. The sampling and calculation methodology for determining
the sulfur content of fuel must be described in the monitoring plan
required at paragraph (n)(8)(x) of this section.
(3) The owner or operator of the Tilden Grate Kiln Line 1 furnace
shall meet an emission limit of 500 lbs SO2/hr based on a 30-
day rolling average beginning six months after May 12, 2016. Compliance
with these emission limits shall be demonstrated with data collected by
a continuous emissions monitoring system (CEMS) for SO2. The
owner or operator must start collecting CEMS data for SO2
beginning six months after May 12, 2016 and submit the data to EPA no
later than 30 days from the end of each calendar quarter. The Tilden
Grate Kiln Line 1 furnace shall not be limited to natural gas fuel.
Beginning six months after May 12, 2016, any coal burned on Tilden Grate
Kiln Line 1 shall have no more than 0.60 percent sulfur by weight based
on a monthly block average. The sampling and calculation methodology for
determining the sulfur content of coal must be described in the
monitoring plan required for this furnace. The owner or operator must
calculate an SO2 limit based on 12 continuous months of CEMS
emissions data and submit such limit, calculations, and CEMS data to EPA
no later than 36 months after May 12, 2016. If the submitted CEMS
SO2 hourly data are normally distributed, the SO2
lbs/hr emission rate shall be based on the appropriate (depending upon
whether data are statistically independent or dependent) 99% upper
predictive limit (UPL) equation. If the submitted CEMS SO2
hourly data are not normally distributed, the SO2 lbs/hr
emission rate shall be based on the non-parametric equation provided in
paragraph (p) of this section. Compliance with the SO2 lbs/hr
emission rate shall be determined on a 30-day rolling average basis. EPA
will take final agency action by publishing a confirmation or
modification of the SO2 limit in the Federal Register no
later than 39 months after May 12, 2016. EPA may adjust the 500 lbs
SO2/hr limit downward to reflect the calculated
SO2 emission rate; however, EPA will not increase the
SO2 limit above 500 lbs SO2/hr.
(4) Starting 26 months from May 12, 2016, records shall be kept for
any day during which fuel oil is burned as fuel (either alone or blended
with other fuels) in Grate Kiln Line 1. These records must include, at a
minimum, the gallons of fuel oil burned per hour, the sulfur content of
the fuel oil, and the SO2 emissions in pounds per hour.
(5) Starting 26 months from May 12, 2016, the SO2 limit
for Grate Kiln Line 1 does not apply for any hour in which it is
documented that there is a natural gas curtailment beyond Cliffs'
control necessitating that the supply of natural gas to Tilden's Line 1
indurating furnace is restricted or eliminated. Records must be kept of
the cause of the curtailment and duration of such curtailment. During
such curtailment, the use of backup coal is restricted to coal with no
greater than 0.60 percent sulfur by weight.
(l) Testing and monitoring. (1) The owner or operator shall install,
certify, calibrate, maintain, and operate a CEMS for NOX on
Tilden Grate Kiln Line 1. Compliance with the emission
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limits for NOX shall be determined using data from the CEMS.
(2) The owner or operator shall install, certify, calibrate,
maintain, and operate a CEMS for SO2 on Tilden Grate Kiln
Line 1. Compliance with the emission standard selected for
SO2 shall be determined using data from the CEMS.
(3) The owner or operator shall install, certify, calibrate,
maintain, and operate one or more continuous diluent monitor(s)
(O2 or CO2) and continuous flow rate monitor(s) on
Tilden Grate Kiln Line 1 to allow conversion of the NOX and
SO2 concentrations to units of the standard (lbs/MMBTU and
lbs/hr, respectively) unless a demonstration is made that a diluent
monitor and continuous flow rate monitor are not needed for the owner or
operator to demonstrate compliance with applicable emission limits in
units of the standards.
(4) For purposes of this section, all CEMS required by this section
must meet the requirements of paragraphs (l)(4)(i) through (xiv) of this
section.
(i) All CEMS must be installed, certified, calibrated, maintained,
and operated in accordance with 40 CFR part 60, appendix B, Performance
Specification 2 (PS-2) and appendix F, Procedure 1.
(ii) All CEMS associated with monitoring NOX (including
the NOX monitor and necessary diluent and flow rate monitors)
must be installed and operational upon May 12, 2016. All CEMS associated
with monitoring SO2 must be installed and operational no
later than six months after May 12, 2016. Verification of the CEMS
operational status shall, as a minimum, include completion of the
manufacturer's written requirements or recommendations for installation,
operation, and calibration of the devices.
(iii) The owner or operator must conduct a performance evaluation of
each CEMS in accordance with 40 CFR part 60, appendix B, PS-2. The
performance evaluations must be completed no later than 60 days after
the respective CEMS installation.
(iv) The owner or operator of each CEMS must conduct periodic
Quality Assurance, Quality Control (QA/QC) checks of each CEMS in
accordance with 40 CFR part 60, appendix F, Procedure 1. The first CEMS
accuracy test will be a relative accuracy test audit (RATA) and must be
completed no later than 60 days after the respective CEMS installation.
(v) The owner or operator of each CEMS must furnish the Regional
Administrator two, or upon request, more copies of a written report of
the results of each performance evaluation and QA/QC check within 60
days of completion.
(vi) The owner or operator of each CEMS must check, record, and
quantify the zero and span calibration drifts at least once daily (every
24 hours) in accordance with 40 CFR part 60, appendix F, Procedure 1,
Section 4.
(vii) Except for CEMS breakdowns, repairs, calibration checks, and
zero and span adjustments, all CEMS required by this section shall be in
continuous operation during all periods of process operation of the
indurating furnaces, including periods of process unit startup,
shutdown, and malfunction.
(viii) All CEMS required by this section must meet the minimum data
requirements at paragraphs (l)(4)(viii)(A) through (C) of this section.
(A) Complete a minimum of one cycle of operation (sampling,
analyzing, and data recording) for each successive 15-minute quadrant of
an hour.
(B) Sample, analyze, and record emissions data for all periods of
process operation except as described in paragraph (l)(4)(viii)(C) of
this section.
(C) When emission data from CEMS are not available due to continuous
monitoring system breakdowns, repairs, calibration checks, or zero and
span adjustments, emission data must be obtained using other monitoring
systems or emission estimation methods approved by the EPA. The other
monitoring systems or emission estimation methods to be used must be
incorporated into the monitoring plan required by this section and
provide information such that emissions data are available for a minimum
of 18 hours in each 24-hour period and at least 22 out of 30 successive
unit operating days.
(ix) Owners or operators of each CEMS required by this section must
reduce all data to 1-hour averages. Hourly averages shall be computed
using all
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valid data obtained within the hour but no less than one data point in
each 15-minute quadrant of an hour. Notwithstanding this requirement, an
hourly average may be computed from at least two data points separated
by a minimum of 15 minutes (where the unit operates for more than one
quadrant in an hour) if data are unavailable as a result of performance
of calibration, quality assurance, preventive maintenance activities, or
backups of data from data acquisition and handling systems and
recertification events.
(x) The 30-day rolling average emission rate determined from data
derived from the CEMS required by this section (in lbs/MMBTU or lbs/hr
depending on the emission standard selected) must be calculated in
accordance with paragraphs (l)(4)(x)(A) through (F) of this section.
(A) Sum the total pounds of the pollutant in question emitted from
the unit during an operating day and the previous 29 operating days.
(B) Sum the total heat input to the unit (in MMBTU) or the total
actual hours of operation (in hours) during an operating day and the
previous 29 operating days.
(C) Divide the total number of pounds of the pollutant in question
emitted during the 30 operating days by the total heat input (or actual
hours of operation depending on the emission limit selected) during the
30 operating days.
(D) For purposes of this calculation, an operating day is any day
during which fuel is combusted in the BART affected unit regardless of
whether pellets are produced. Actual hours of operation are the total
hours a unit is firing fuel regardless of whether a complete 24-hour
operational cycle occurs (i.e., if the furnace is firing fuel for only
five hours during a 24-hour period, then the actual operating hours for
that day are five. Similarly, total number of pounds of the pollutant in
question for that day is determined only from the CEMS data for the five
hours during which fuel is combusted.)
(E) If the owner or operator of the CEMS required by this section
uses an alternative method to determine 30-day rolling averages, that
method must be described in detail in the monitoring plan required by
this section. The alternative method will only be applicable if the
final monitoring plan and the alternative method are approved by EPA.
(F) A new 30-day rolling average emission rate must be calculated
for the period ending each new operating day.
(xi) The 720-hour rolling average emission rate determined from data
derived from the CEMS required by this section (in lbs/MMBTU) must be
calculated in accordance with paragraphs (l)(4)(xi)(A) through (C) of
this section.
(A) Sum the total pounds of NOX emitted from the unit
every hour and the previous (not necessarily consecutive) 719 hours for
which that type of fuel (either natural gas or mixed coal and natural
gas) was used.
(B) Sum the total heat input to the unit (in MMBTU) every hour and
the previous (not necessarily consecutive) 719 hours for which that type
of fuel (either natural gas or mixed coal and natural gas) was used.
(C) Divide the total number of pounds of NOX emitted
during the 720 hours, as defined above, by the total heat input during
the same 720-hour period. This calculation must be done separately for
each fuel type (either for natural gas or mixed coal and natural gas).
(xii) Data substitution must not be used for purposes of determining
compliance under this regulation.
(xiii) All CEMS data shall be reduced and reported in units of the
applicable standard.
(xiv) A Quality Control Program must be developed and implemented
for all CEMS required by this section in accordance with 40 CFR part 60,
appendix F, Procedure 1, Section 3. The program will include, at a
minimum, written procedures and operations for calibration checks,
calibration drift adjustments, preventative maintenance, data
collection, recording and reporting, accuracy audits/procedures,
periodic performance evaluations, and a corrective action program for
malfunctioning CEMS.
(m) Recordkeeping requirements. (1)(i) Records required by this
section must be kept in a form suitable and readily available for
expeditious review.
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(ii) Records required by this section must be kept for a minimum of
five years following the date of creation.
(iii) Records must be kept on site for at least two years following
the date of creation and may be kept offsite, but readily accessible,
for the remaining three years.
(2) The owner or operator of the BART affected unit must maintain
the records identified in paragraphs (m)(2)(i) through (xi) of this
section.
(i) A copy of each notification and report developed for and
submitted to comply with this section including all documentation
supporting any initial notification or notification of compliance status
submitted, according to the requirements of this section.
(ii) Records of the occurrence and duration of each startup,
shutdown, and malfunction of the BART affected unit, air pollution
control equipment, and CEMS required by this section.
(iii) Records of activities taken during each startup, shutdown, and
malfunction of the BART affected unit, air pollution control equipment,
and CEMS required by this section.
(iv) Records of the occurrence and duration of all major maintenance
conducted on the BART affected unit, air pollution control equipment,
and CEMS required by this section.
(v) Records of each excess emission report, including all
documentation supporting the reports, dates and times when excess
emissions occurred, investigations into the causes of excess emissions,
actions taken to minimize or eliminate the excess emissions, and
preventative measures to avoid the cause of excess emissions from
occurring again.
(vi) Records of all CEMS data including, as a minimum, the date,
location, and time of sampling or measurement, parameters sampled or
measured, and results.
(vii) All records associated with quality assurance and quality
control activities on each CEMS as well as other records required by 40
CFR part 60, appendix F, Procedure 1 including, but not limited to, the
quality control program, audit results, and reports submitted as
required by this section.
(viii) Records of the NOX emissions during all periods of
BART affected unit operation, including startup, shutdown, and
malfunction, in the units of the standard. The owner or operator shall
convert the monitored data into the appropriate unit of the emission
limitation using appropriate conversion factors and F-factors. F-factors
used for purposes of this section shall be documented in the monitoring
plan and developed in accordance with 40 CFR part 60, appendix A, Method
19. The owner or operator may use an alternate method to calculate the
NOX emissions upon written approval from EPA.
(ix) Records of the SO2 emissions or records of the
removal efficiency (based on CEMS data), depending on the emission
standard selected, during all periods of operation, including periods of
startup, shutdown, and malfunction, in the units of the standard.
(x) Records associated with the CEMS unit including type of CEMS,
CEMS model number, CEMS serial number, and initial certification of each
CEMS conducted in accordance with 40 CFR part 60, appendix B,
Performance Specification 2 must be kept for the life of the CEMS unit.
(xi) Records of all periods of fuel oil usage as required in
paragraph (k)(4) of this section.
(n) Reporting requirements. (1) All requests, reports, submittals,
notifications, and other communications to the Regional Administrator
required by this section shall be submitted, unless instructed
otherwise, to the Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5 (A-18J) at 77 West Jackson Boulevard,
Chicago, Illinois 60604. References in this section to the Regional
Administrator shall mean the EPA Regional Administrator for Region 5.
(2) The owner or operator of each BART affected unit identified in
this section and CEMS required by this section must provide to the
Regional Administrator the written notifications, reports, and plans
identified at paragraphs (n)(2)(i) through (viii) of this section. If
acceptable to both the Regional Administrator and the owner or operator
of each BART affected unit
[[Page 212]]
identified in this section and CEMS required by this section the owner
or operator may provide electronic notifications, reports, and plans.
(i) A notification of the date construction of control devices and
installation of burners required by this section commences postmarked no
later than 30 days after the commencement date.
(ii) A notification of the date the installation of each CEMS
required by this section commences postmarked no later than 30 days
after the commencement date.
(iii) A notification of the date the construction of control devices
and installation of burners required by this section is complete
postmarked no later than 30 days after the completion date.
(iv) A notification of the date the installation of each CEMS
required by this section is complete postmarked no later than 30 days
after the completion date.
(v) A notification of the date control devices and burners installed
by this section startup postmarked no later than 30 days after the
startup date.
(vi) A notification of the date CEMS required by this section
postmarked no later than 30 days after the startup date.
(vii) A notification of the date upon which the initial CEMS
performance evaluations are planned. This notification must be submitted
at least 60 days before the performance evaluation is scheduled to
begin.
(viii) A notification of initial compliance signed by the
responsible official, who shall certify its accuracy, attesting to
whether the source has complied with the requirements of this section,
including, but not limited to, applicable emission standards, control
device and burner installations, and CEMS installation and
certification. This notification must be submitted before the close of
business on the 60th calendar day following the completion of the
compliance demonstration and must include, at a minimum, the information
in paragraphs (n)(2)(viii)(A) through (F) of this section.
(A) The methods used to determine compliance.
(B) The results of any CEMS performance evaluations and other
monitoring procedures or methods that were conducted.
(C) The methods that will be used for determining continuing
compliance, including a description of monitoring and reporting
requirements and test methods.
(D) The type and quantity of air pollutants emitted by the source,
reported in units of the standard.
(E) A description of the air pollution control equipment and burners
installed as required by this section for each emission point.
(F) A statement by the owner or operator as to whether the source
has complied with the relevant standards and other requirements.
(3) The owner or operator must develop and implement a written
startup, shutdown, and malfunction plan for NOX and
SO2. The plan must include, at a minimum, procedures for
operating and maintaining the source during periods of startup,
shutdown, and malfunction and a program of corrective action for a
malfunctioning process and air pollution control and monitoring
equipment used to comply with the relevant standard. The plan must
ensure that, at all times, the owner or operator operates and maintains
each affected source, including associated air pollution control and
monitoring equipment, in a manner which satisfies the general duty to
minimize or eliminate emissions using good air pollution control
practices. The plan must ensure that owners or operators are prepared to
correct malfunctions as soon as practicable after their occurrence.
(4) The written reports of the results of each performance
evaluation and QA/QC check in accordance with and as required in
paragraph (l)(4)(v) of this section.
(5) Compliance reports. The owner or operator of each BART affected
unit must submit semiannual compliance reports. The semiannual
compliance reports must be submitted in accordance with paragraphs
(n)(5)(i) through (iv) of this section, unless the Regional
Administrator has approved a different schedule.
[[Page 213]]
(i) The first compliance report must cover the period beginning on
the compliance date that is specified for the affected source through
June 30 or December 31, whichever date comes first after the compliance
date that is specified for the affected source.
(ii) The first compliance report must be postmarked no later than 30
calendar days after the reporting period covered by that report (July 30
or January 30), whichever comes first.
(iii) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(iv) Each subsequent compliance report must be postmarked no later
than 30 calendar days after the reporting period covered by that report
(July 30 or January 30).
(6) Compliance report contents. Each compliance report must include
the information in paragraphs (n)(6)(i) through (vi) of this section.
(i) Company name and address.
(ii) Statement by a responsible official, with the official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(iii) Date of report and beginning and ending dates of the reporting
period.
(iv) Identification of the process unit, control devices, and CEMS
covered by the compliance report.
(v) A record of each period of a startup, shutdown, or malfunction
during the reporting period and a description of the actions the owner
or operator took to minimize or eliminate emissions arising as a result
of the startup, shutdown, or malfunction and whether those actions were
or were not consistent with the source's startup, shutdown, and
malfunction plan.
(vi) A statement identifying whether there were or were not any
deviations from the requirements of this section during the reporting
period. If there were deviations from the requirements of this section
during the reporting period, then the compliance report must describe in
detail the deviations which occurred, the causes of the deviations,
actions taken to address the deviations, and procedures put in place to
avoid such deviations in the future. If there were no deviations from
the requirements of this section during the reporting period, then the
compliance report must include a statement that there were no
deviations. For purposes of this section, deviations include, but are
not limited to, emissions in excess of applicable emission standards
established by this section, failure to continuously operate an air
pollution control device in accordance with operating requirements
designed to assure compliance with emission standards, failure to
continuously operate CEMS required by this section, and failure to
maintain records or submit reports required by this section.
(7) Each owner or operator of a CEMS required by this section must
submit quarterly excess emissions and monitoring system performance
reports to the Regional Administrator for each pollutant monitored for
each BART affected unit monitored. All reports must be postmarked by the
30th day following the end of each 3-month period of a calendar year
(January-March, April-June, July-September, October-December) and must
include, at a minimum, the requirements of paragraphs (n)(7)(i) through
(xv) of this section.
(i) Company name and address.
(ii) Identification and description of the process unit being
monitored.
(iii) The dates covered by the reporting period.
(iv) Total source operating hours for the reporting period.
(v) Monitor manufacturer, monitor model number, and monitor serial
number.
(vi) Pollutant monitored.
(vii) Emission limitation for the monitored pollutant.
(viii) Date of latest CEMS certification or audit.
(ix) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.
(x) A table summarizing the total duration of excess emissions, as
defined in paragraphs (n)(7)(x)(A) through (B) of this section, for the
reporting period broken down by the cause of those excess emissions
(startup/shutdown, control equipment problems, process problems, other
known causes, unknown
[[Page 214]]
causes), and the total percent of excess emissions (for all causes) for
the reporting period calculated as described in paragraph (n)(7)(x)(C)
of this section.
(A) For purposes of this section, an excess emission is defined as
any 30-day or 720-hour rolling average period, including periods of
startup, shutdown, and malfunction, during which the 30-day or 720-hour
(as appropriate) rolling average emissions of either regulated pollutant
(SO2 and NOX), as measured by a CEMS, exceeds the
applicable emission standards in this section.
(B)(1) For purposes of this section, if a facility calculates a 30-
day rolling average emission rate in accordance with this section which
exceeds the applicable emission standards of this section, then it will
be considered 30 days of excess emissions. If the following 30-day
rolling average emission rate is calculated and found to exceed the
applicable emission standards of this section as well, then it will add
one more day to the total days of excess emissions (i.e. 31 days).
Similarly, if an excess emission is calculated for a 30-day rolling
average period and no additional excess emissions are calculated until
15 days after the first, then that new excess emission will add 15 days
to the total days of excess emissions (i.e. 30 + 15 = 45). For purposes
of this section, if an excess emission is calculated for any period of
time within a reporting period, there will be no fewer than 30 days of
excess emissions but there should be no more than 121 days of excess
emissions for a reporting period.
(2) For purposes of this section, if a facility calculates a 720-
hour rolling average emission rate in accordance with this section which
exceeds the applicable emission standards of this section, then it will
be considered 30 days of excess emissions. If the 24th following 720-
hour rolling average emission rate is calculated and found to exceed the
applicable emission standards of the rule as well, then it will add one
more day to the total days of excess emissions (i.e. 31 days).
Similarly, if an excess emission is calculated for a 720-hour rolling
average period and no additional excess emissions are calculated until
360 hours after the first, then that new excess emission will add 15
days to the total days of excess emissions (i.e. 30+15 = 45). For
purposes of this section, if an excess emission is calculated for any
period of time with a reporting period, there will be no fewer than 30
days of excess emissions but there should be no more than 121 days of
excess emissions for a reporting period.
(C) For purposes of this section, the total percent of excess
emissions will be determined by summing all periods of excess emissions
(in days) for the reporting period, dividing that number by the total
BART affected unit operating days for the reporting period, and then
multiplying by 100 to get the total percent of excess emissions for the
reporting period. An operating day, as defined previously, is any day
during which fuel is fired in the BART affected unit for any period of
time. Because of the possible overlap of 30-day rolling average excess
emissions across quarters, there are some situations where the total
percent of excess emissions could exceed 100 percent. This extreme
situation would only result from serious excess emissions problems where
excess emissions occur for nearly every day during a reporting period.
(xi) A table summarizing the total duration of monitor downtime, as
defined in paragraph (n)(7)(xi)(A) of this section, for the reporting
period broken down by the cause of the monitor downtime (monitor
equipment malfunctions, non-monitor equipment malfunctions, quality
assurance calibration, other known causes, unknown causes), and the
total percent of monitor downtime (for all causes) for the reporting
period calculated as described in paragraph (n)(7)(xi)(B) of this
section.
(A) For purposes of this section, monitor downtime is defined as any
period of time (in hours) during which the required monitoring system
was not measuring emissions from the BART affected unit. This includes
any period of CEMS QA/QC, daily zero and span checks, and similar
activities.
(B) For purposes of this section, the total percent of monitor
downtime will be determined by summing all periods of monitor downtime
(in hours) for the reporting period, dividing that number by the total
number of BART affected unit operating hours for the reporting
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period, and then multiplying by 100 to get the total percent of excess
emissions for the reporting period.
(xii) A table which identifies each period of excess emissions for
the reporting period and includes, at a minimum, the information in
paragraphs (n)(7)(xii)(A) through (F) of this section.
(A) The date of each excess emission.
(B) The beginning and end time of each excess emission.
(C) The pollutant for which an excess emission occurred.
(D) The magnitude of the excess emission.
(E) The cause of the excess emission.
(F) The corrective action taken or preventative measures adopted to
minimize or eliminate the excess emissions and prevent such excess
emission from occurring again.
(xiii) A table which identifies each period of monitor downtime for
the reporting period and includes, at a minimum, the information in
paragraphs (n)(7)(xiii)(A) through (D) of this section.
(A) The date of each period of monitor downtime.
(B) The beginning and end time of each period of monitor downtime.
(C) The cause of the period of monitor downtime.
(D) The corrective action taken or preventative measures adopted for
system repairs or adjustments to minimize or eliminate monitor downtime
and prevent such downtime from occurring again.
(xiv) If there were no periods of excess emissions during the
reporting period, then the excess emission report must include a
statement which says there were no periods of excess emissions during
this reporting period.
(xv) If there were no periods of monitor downtime, except for daily
zero and span checks, during the reporting period, then the excess
emission report must include a statement which says there were no
periods of monitor downtime during this reporting period except for the
daily zero and span checks.
(8) The owner or operator of each CEMS required by this section must
develop and submit for review and approval by the Regional Administrator
a site specific monitoring plan. The purpose of this monitoring plan is
to establish procedures and practices which will be implemented by the
owner or operator in its effort to comply with the monitoring,
recordkeeping, and reporting requirements of this section. The
monitoring plan must include, at a minimum, the information in
paragraphs (n)(8)(i) through (x) of this section.
(i) Site specific information including the company name, address,
and contact information.
(ii) The objectives of the monitoring program implemented and
information describing how those objectives will be met.
(iii) Information on any emission factors used in conjunction with
the CEMS required by this section to calculate emission rates and a
description of how those emission factors were determined.
(iv) A description of methods to be used to calculate emission rates
when CEMS data are not available due to downtime associated with QA/QC
events.
(v) A description of the QA/QC program to be implemented by the
owner or operator of CEMS required by this section. This can be the QA/
QC program developed in accordance with 40 CFR part 60, appendix F,
Procedure 1, Section 3.
(vi) A list of spare parts for CEMS maintained on site for system
maintenance and repairs.
(vii) A description of the procedures to be used to calculate 30-day
rolling averages and 720-hour rolling averages and example calculations
which show the algorithms used by the CEMS to calculate 30-day rolling
averages and 720-hour rolling averages.
(viii) A sample of the document to be used for the quarterly excess
emission reports required by this section.
(ix) A description of the procedures to be implemented to
investigate root causes of excess emissions and monitor downtime and the
proposed corrective actions to address potential root causes of excess
emissions and monitor downtime.
(x) A description of the sampling and calculation methodology for
determining the percent sulfur by weight as
[[Page 216]]
a monthly block average for coal used during that month.
(o) The requirements of section 169A of the Clean Air Act are not
met because the regional haze plan submitted by the state on November 5,
2010, does not meet the requirements of 40 CFR 51.308(e) with respect to
NOX and SO2 emissions from Tilden Mining Company
L.C. of Ishpeming, Michigan. The requirements for this facility are
satisfied by complying with Sec. 52.1183(k-n)
(p) Equations for establishing the upper predictive limit--(1)
Equation for normal distribution and statistically independent data.
[GRAPHIC] [TIFF OMITTED] TR12AP16.000
Where:
x = average or mean of hourly test run data;
t[(n-1),(0.95)] = t score, the one-tailed t value
of the Student's t distribution for a specific degree of
freedom (n-1) and a confidence level (0.95; 0.99 for Tilden
SO2)
s\2\ = variance of the hourly data set;
n = number of values (e.g. 5,760 if 8 months of valid lbs
NOX/MMBTU hourly values)
m = number of values used to calculate the test average (m = 720 as per
averaging time)
(i) To determine if statistically independent, use the Rank von
Neumann Test on p. 137 of data Quality Assessment: Statistical Methods
for Practitioners EPA QA/G-9S.
(ii) Alternative to Rank von Neumann test to determine if data are
dependent, data are dependent if t test value is greater than t critical
value, where:
[GRAPHIC] [TIFF OMITTED] TR12AP16.001
[rho] = correlation between data points
t critical = t[(n-2),(0.95)] = t score, the two-
tailed t value of the Student's t distribution for a specific
degree of freedom (n-2) and a confidence level (0.95)
(iii) The Anderson-Darling normality test is used to establish
whether the data are normally distributed. That is, a distribution is
considered to be normally distributed when p 0.05.
(2) Non-parametric equation for data not normally distributed and
normally distributed but not statistically independent.
m = (n + 1) * [alpha]
m = the rank of the ordered data point, when data are sorted smallest to
largest. The data points are 720-hour averages for
establishing NOX limits.
n = number of data points (e.g., 5040 720-hourly averages for eight
months of valid NOX lbs/MMBTU values)
[alpha] = 0.95, to reflect the 95th percentile
If m is a whole number, then the limit, UPL, shall be computed as:
UPL = Xm
Where:
Xm = value of the m\th\ data point in terms of lbs SO2/hr or
lbs NOX/MMBTU, when the data are sorted smallest to
largest.
If m is not a whole number, the limit shall be computed by linear
interpolation according to the following equation.
UPL = xm = xmi[middot]md = xmi + 0.md (xmi+1-xmi)
Where:
mi = the integer portion of m, i.e., m truncated at zero decimal places,
and
md = the decimal portion of m
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
77 FR 33657, June 7, 2012; 77 FR 71550, Dec. 3, 2012; 78 FR 8733, Feb.
6, 2013; 78 FR 59839, Sept. 30, 2013; 81 FR 21681, Apr. 12, 2016; 82 FR
3129, Jan. 10, 2017]
[[Page 217]]
Sec. 52.1184 Small business stationary source technical
and environmental compliance assistance program.
The Michigan program submitted on November 13, 1992, January 8,
1993, and November 12, 1993, as a requested revision to the Michigan
State Implementation Plan satisfies the requirements of section 507 of
the Clean Air Act Amendments of 1990.
[59 FR 28788, June 3, 1994]
Sec. 52.1185 Control strategy: Carbon monoxide.
(a) Approval--On November 24, 1994, the Michigan Department of
Natural Resources submitted a revision to the carbon monoxide State
Implementation Plan. The submittal pertained to a plan for the
implementation and enforcement of the Federal transportation conformity
requirements at the State or local level in accordance with 40 CFR part
51, subpart T--Conformity to State or Federal Implementation Plans of
Transportation Plans, Programs, and Projects Developed, Funded or
Approved Under Title 23 U.S.C. or the Federal Transit Act.
(b) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the carbon monoxide State
Implementation Plan for general conformity rules. The general conformity
SIP revisions enable the State of Michigan to implement and enforce the
Federal general conformity requirements in the nonattainment or
maintenance areas at the State or local level in accordance with 40 CFR
part 93, subpart B--Determining Conformity of General Federal Actions to
State or Federal Implementation Plans.
[61 FR 66609, 66611, Dec. 18, 1996]
Sec. 52.1186 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source located within the
State of Michigan and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an approval
by the Administrator of a revision to the Michigan State Implementation
Plan (SIP) as meeting the requirements of CAIR for PM2.5
relating to NOX under Sec. 51.123 of this chapter, except to
the extent the Administrator's approval is partial or conditional or
unless such approval is under Sec. 51.123(p) of this chapter.
(2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of CAIR
NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
(b)(1) The owner and operator of each NOX source located
within the State of Michigan and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Michigan State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec. 51.123 of this
chapter, except to the extent the Administrator's approval is partial or
conditional or unless such approval is under Sec. 51.123(ee) of this
chapter.
(2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of part
97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation
[[Page 218]]
of the remaining CAIR NOX Ozone Season allowances for those
years.
(c) Notwithstanding any provisions of paragraphs (a) and (b) of this
section and subparts AA through II and AAAA through IIII of part 97 of
this chapter to the contrary:
(1) With regard to any control period that begins after December 31,
2014,
(i) The provisions in paragraphs (a) and (b) of this section
relating to NOX annual or ozone season emissions shall not be
applicable; and
(ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter;
(2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season allowances
allocated for 2015 or any year thereafter;
(3) By March 3, 2015, the Administrator will remove from the CAIR
NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2015 and any
subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
(4) By March 3, 2015, the Administrator will remove from the CAIR
NOX Ozone Season Allowance Tracking System accounts all CAIR
NOX Ozone Season allowances allocated for a control period in
2015 and any subsequent year, and, thereafter, no holding or surrender
of CAIR NOX Ozone Season allowances will be required with
regard to emissions or excess emissions for such control periods.
(d)(1) The owner and operator of each source and each unit located
in the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the CSAPR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the CSAPR
Federal Implementation Plan under Sec. 52.38(a) for those sources and
units, except to the extent the Administrator's approval is partial or
conditional. The obligation to comply with such requirements with regard
to sources and units located in Indian country within the borders of the
State will not be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's SIP.
(2) Notwithstanding the provisions of paragraph (d)(1) of this
section, if, at the time of the approval of Michigan's SIP revision
described in paragraph (d)(1) of this section, the Administrator has
already started recording any allocations of CSAPR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of CSAPR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
(e)(1) The owner and operator of each source and each unit located
in the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the CSAPR
NOX Ozone Season Group 1 Trading Program in subpart BBBBB of
part 97 of this chapter must comply with such requirements with regard
to emissions occurring in 2015 and 2016.
(2) The owner and operator of each source and each unit located in
the State of Michigan and Indian country within the borders of the State
and for which requirements are set forth under the CSAPR NOX
Ozone Season Group 2 Trading Program in subpart EEEEE of part 97 of this
chapter must comply with such requirements with regard to emissions
occurring in 2017 and each subsequent year. The obligation to comply
with such requirements with regard to sources and units in the State
will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is
[[Page 219]]
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
Michigan's SIP.
(3) Notwithstanding the provisions of paragraph (e)(2) of this
section, if, at the time of the approval of Michigan's SIP revision
described in paragraph (e)(2) of this section, the Administrator has
already started recording any allocations of CSAPR NOX Ozone
Season Group 2 allowances under subpart EEEEE of part 97 of this chapter
to units in the State for a control period in any year, the provisions
of subpart EEEEE of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of CSAPR
NOX Ozone Season Group 2 allowances to units in the State for
each such control period shall continue to apply, unless provided
otherwise by such approval of the State's SIP revision.
[72 FR 62350, Nov. 2, 2007, as amended at 76 FR 48367, Aug. 8, 2011; 76
FR 80774, Dec. 27, 2011; 79 FR 71671, Dec. 3, 2014; 81 FR 74586, 74597,
Oct. 26, 2016; 83 FR 65924, Dec. 21, 2018]
Sec. 52.1187 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of sulfur dioxide?
(a) The owner and operator of each SO2 source located
within the State of Michigan and for which requirements are set forth
under the Federal CAIR SO2 Trading Program in subparts AAA
through III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an approval
by the Administrator of a revision to the Michigan State Implementation
Plan as meeting the requirements of CAIR for PM2.5 relating
to SO2 under Sec. 51.124 of this chapter, except to the
extent the Administrator's approval is partial or conditional or unless
such approval is under Sec. 51.124(r) of this chapter.
(b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AAA through III of part 97 of this chapter and any State's
SIP to the contrary:
(1) With regard to any control period that begins after December 31,
2014,
(i) The provisions of paragraph (a) of this section relating to
SO2 emissions shall not be applicable; and
(ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
(2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2015 or any year thereafter.
(c)(1) The owner and operator of each source and each unit located
in the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the CSAPR
SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the CSAPR
Federal Implementation Plan under Sec. 52.39 for those sources and
units, except to the extent the Administrator's approval is partial or
conditional. The obligation to comply with such requirements with regard
to sources and units located in Indian country within the borders of the
State will not be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's SIP.
(2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Michigan's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of CSAPR SO2 Group
1 allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of
[[Page 220]]
this chapter authorizing the Administrator to complete the allocation
and recordation of CSAPR SO2 Group 1 allowances to units in
the State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.
[72 FR 62350, Nov. 2, 2007, as amended at 76 FR 48368, Aug. 8, 2011; 79
FR 71671, Dec. 3, 2014; 81 FR 74586, 74597, Oct. 26, 2016]
Sec. 52.1188 Control strategy: Lead (Pb).
(a) Based upon EPA's review of the air quality data for the three-
year period 2012 to 2014, EPA determined that the Belding, MI Pb
nonattainment area has attained the 2008 Pb National Ambient Air Quality
Standard (NAAQS). This clean data determination suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard as long as this area continues to meet the
2008 Pb NAAQS.
(b) Michigan's 2013 lead emissions inventory for the Belding area as
submitted on January 12, 2016, satisfying the emission inventory
requirements of section 172(c)(3) of the Clean Air Act for the Belding
area.
(c) Approval. The 2008 lead maintenance plan for the Belding,
Michigan nonattainment area has been approved as submitted on January
12, 2016.
[80 FR 43960, July 24, 2015, as amended at 82 FR 24870, May 31, 2017]
Sec. 52.1190 Original Identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Michigan'' and all revisions submitted by Michigan that
were federally approved prior to August 1, 2006.
(b) The plan was officially submitted on February 3, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Re-evaluation of control strategies for Berrien and Ingham
Counties were submitted on March 3, 1972, by the State Air Pollution
Office.
(2) Amendments to the Michigan air pollution rules for the control
of SO2 emissions (Part 3) and the prevention of air pollution
episodes (Part 6) submitted by the Governor on March 30, 1972.
(3) An amendment to the Grand Rapids air pollution ordinance
(section 9.35 and section 9.36) was submitted on May 4, 1972, by the
Grand Rapids Department of Environmental Protection.
(4) Reasons and justifications concerning general requirements of
control strategy for nitrogen dioxide, compliance schedules, and review
of new sources and modifications submitted on July 12, 1972, by the
Governor.
(5) A letter from the State Department of Public Health submitted on
July 24, 1972, described how emissions data would be made available to
the public.
(6) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on February 16, 1973.
(7) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on May 4, 1973.
(8) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on September 19, 1973.
(9) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on October 23, 1973.
(10) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on December 13, 1973.
(11) Air Quality Maintenance Area identifications were submitted on
June 27, 1974, by the State of Michigan Department of Natural Resources.
(12) Air Quality Maintenance Area identifications were submitted on
October 18, 1974, by the State of Michigan Department of Natural
Resources.
(13) Provisions to disapprove an installation permit if the
applicant source would interfere with the attainment or maintenance of
national air quality standards were submitted by the Governor on January
25, 1974.
(14) Order extending the final compliance dates for meeting the
sulfur dioxide emission limitation was submitted by the Michigan
Department of Natural Resources for the Karn, Weadock
[[Page 221]]
and Cobb Plant Units of the Consumers Power Co.
(15) Order extending compliance date for meeting the sulfur dioxide
emission limitation was submitted by the State of Michigan Department of
Natural Resources for the Detroit Edison Company, Monroe County Plant on
December 12, 1977.
(16) On April 25, 1979, the State submitted its nonattainment area
plan for areas designated nonattainment as of March 3, 1978 and as
revised on October 5, 1978. This submittal contained Michigan's Part D
attainment plans for particulate matter, carbon monoxide, sulfur
dioxide, transportation and new source review, plus a copy of Michigan's
existing and proposed regulations. USEPA is not taking action at this
time to include in the federally approved SIP certain portions of the
submittal: Provisions in R 336.1310 concerning open burning; 336.1331,
insofar as it may pertain to process sources in the iron and steel
category and site specific revisions; 1349, 1350, 1351, 1352, 1353,
1354, 1355, 1356 and 1357 as they pertain to specific iron and steel
source operations; Part 5, Extension of Sulfur Dioxide Compliance Date
for Power Plants Past January 1, 1980; Part 7, Emission Limitations and
Prohibitions--New Sources of Volatile Organic Compound Emissions;
R336.1701-1710 controlling minor sources of volatile organic compounds;
Part 11, Continuous Emission Monitoring; Part 13, Air Pollution
Episodes; Part 16, Organization and Procedures; and Part 17, Hearings.
(17) On October 12, 1979, the State submitted comments and
commitments in response to USEPA's notice of proposed rulemaking.
(18) On January 9, 1980, the State submitted a copy of the finally
adopted rules of the Commission. These rules became fully effective on
January 18, 1980. These finally adopted rules are identical to the rules
submitted on April 25, 1979, as part of Michigan's Part D nonattainment
area plan except for a modification in the numbering system. Paragraph
(c)(16) of this subpart identifies those rules on which USEPA has not
taken action.
(19) On February 6, 1980, the State submitted the visible emission
test method for stationary sources referenced in Rule 336.1303 as being
on file with the Michigan Air Pollution Control Commission. On March 7,
1980, the State submitted clarifications to the visible emissions test
method.
(20) On March 31, 1980, the State submitted revisions to the
conditional approval schedules for total suspended particulates.
(21) On July 25, 1979, the State submitted the official ozone
attainment plan as part of the State Implementation Plan.
(22) On October 26, 1979, the State submitted comments and revisions
to the transportation plans and vehicle inspection/maintenance portions
of the State Implementation Plan for ozone in response to USEPA's notice
of proposed rulemaking (45 FR 47350).
(23) On November 8, 1979, the State submitted revisions to the ozone
attainment plan.
(24) On December 26, 1979, the State submitted comments and
additional information from the lead local agencies on the
transportation control plans for the Flint, Lansing, Grand Rapids and
Detroit urban areas.
(25) On May 12, 1980, the State submitted corrections and comments
in response to USEPA's notice of proposed rulemaking (45 FR 25087).
(26) On March 20, 1980, the State submitted commitments and
additional revisions to the Inspection/Maintenance program for the
Detroit urban area.
(27) On February 23, 1979, compliance schedules were submitted by
the State of Michigan, Department of Natural Resources to USEPA for the
Detroit Edison, St. Clair Power Plant. Additional material concerning
the Final Order issued to the Detroit Edison, St. Clair Power Plant was
submitted on June 17, 1979 and August 14, 1979.
(28) On August 22, 1979, the State of Michigan submitted to USEPA an
Administrative Order, for the Lansing Board of Water and Light (Order
No. 4-1979, adopted May 23, 1979). In letters dated February 13, 1980
and April 1, 1980, the State of Michigan withdrew certain paragraphs
(sections A, B, C1, D, E, F, and G) of the Order from consideration by
USEPA.
[[Page 222]]
(29) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources to USEPA on October 26, 1979, for the
Dundee Cement Company, Monroe County (Michigan Final Order, APC No. 08-
1979, adopted October 17, 1979).
(30) On July 26, 1979, the State of Michigan submitted to USEPA a
revision to Rule 336.49 for the Consumers Power Company's J. H. Campbell
Plant. The revision is a Final Order (No. 05-1979) extending the
compliance date until January 1, 1985 for the Campbell Plant to meet the
sulfur dioxide emission limitations in Rule 336.49. On February 14,
1980, the State of Michigan submitted to USEPA an amendment to Order No.
05-1979.
(31) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources to USEPA on November 13, 1979, for the
S. D. Warren Company, Muskegon County (Michigan Final Order, No. 09-
1979, adopted October 31, 1979).
(32) On December 19, 1979, the State of Michigan submitted a
revision to provide for modification of the existing air quality
surveillance network.
(33) On December 10, 1979, the State of Michigan submitted to USEPA
a Final Order (APC No. 6-1979) issued by the Michigan Air Pollution
Control Commission to the Consumers Power Company B.C. Cobb Plant. The
Order requires the source to utilize 2.5% sulfur on an annual basis
until January 1, 1985 when the company must meet the sulfur dioxide
(SO2) emission limitation in Michigan Rule 336.1401.
(34) On January 8, 1980, the State of Michigan submitted to USEPA a
Final Order (APC No. 14-1979) requested of the Michigan Air Pollution
Control Commission (MAPCC) by the Union Camp Corporation in Monroe
County, Michigan. The Order permitted the Union Camp Corporation to burn
2.7% sulfur fuel on an annual average and 4.0% sulfur fuel on a daily
average between January 1, 1980 and July 1, 1980. Beginning July 1, 1980
until July 1, 1982 the Company is permitted to burn 2.5% sulfur fuel on
an annual average and 4.0% sulfur fuel daily average. Beginning July 1,
1982 until January 1, 1985, the Company is allowed to burn 2.2% sulfur
fuel annual average and 3.5% sulfur fuel daily average. After January 1,
1985; the Company has agreed to comply with the SO2 emission
limitations of 1.5% sulfur fuel required in Michigan Rule 336.1401.
(35) On August 4, 1980 and August 8, 1980, the State of Michigan
submitted to EPA additional information on the transportation control
plan for the Niles, Michigan urbanized area.
(36) On January 10, 1980, the State of Michigan submitted to USEPA a
Final Order (APC No. 16-1979) issued by the Michigan Air Pollution
Control Commission to the Northern Michigan Electric Cooperative Advance
Steam Plant. The Order allows the source to continue burning 2.0% sulfur
coal (maximum daily average) until January 1, 1985 when the Company must
meet the sulfur dioxide (S02) emission limitations in Michigan Rule
336.1401.
(37) On November 26, 1980, the State submitted a schedule to correct
plan deficiencies cited by USEPA in its September 9, 1980 notice of
proposed rulemaking on a portion of Michigan's Part D TSP control
strategy pertaining to iron and steel sources. On April 1, 1981, the
State submitted a revised schedule. USEPA has not taken action on the
schedule submitted by the State.
(38) On April 10, 1981 the Governor of Michigan committed to
annually administer and submit the questionnaire developed for the
purposes of section 128.
(39) On July 28, 1980, the State of Michigan submitted to EPA, as
revisions to the Michigan SIP, amendments to Rules 283 and 610 of the
Michigan Air Pollution Control Commission.
(40) Revised compliance schedules were submitted by the State of
Michigan, Department of Natural Resources (MDNR) to EPA on January 14,
1981, for the Dundee Cement Company, Monroe County (Michigan Final
Order, APC No. 16--1980, adopted November 19, 1980). The revised Order
provides an earlier final compliance date of December 31, 1980 for
reducing the particulate matter emissions to 0.20 pounds per 1,000
pounds of exhaust gases and December 31, 1981 for visible emission
reductions from the Company's cement kilns.
[[Page 223]]
(41) On April 25, 1979, the State submitted materials which satisfy
the intergovernmental consultation process.
(42) On July 28, 1980, the State submitted an amendment to Michigan
Air Pollution Control Commission Rule 221 which exempts minor sources of
particulate matter and sulfur dioxide from the offset requirements.
(43) On August 25, 1981, the State of Michigan, Department of
Natural Resources (MDNR), submitted to EPA Consent Order No. 16-1981 for
the Marathon Oil Company in Muskegon County. Consent Order No. 16-1981
satisfies USEPA's conditional approval of R336.1603 by providing
detailed compliance schedules containing the increments of progress
required by 40 CFR 51.15.
(44) On September 1, 1981, the State of Michigan, Department of
Natural Resources (MDNR) submitted to USEPA a revision to its R336.1220
requiring offsets in ozone nonattainment areas to exempt the same
compounds listed in EPA's Federal Register of July 22, 1980 (45 FR
48941). The revised R336.1220 also allows offsets of emissions for new
sources in any of the seven counties in the southeastern Michigan ozone
nonattainment area to be obtained from any of those counties, not just
the county in which the new source is locating (Wayne, Oakland, Macomb,
St. Clair, Washtenaw, Livingston, and Monroe).
(45) On May 24, 1980, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 10-1979 for the Buick
Motor Division Complex (BMDC) of the Buick Motors Division, General
Motors Corporation. The BMDC is located in the City of Flint, Genesee
County, a primary nonattainment area. On December 2, 1980, supplementary
information was submitted by MDNR. The Consent Order contains
enforceable emission limitations and control measures for the attainment
of the primary TSP standards in Genesee County by December 31, 1982.
(46) On July 17, 1980, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 01-1980 for the Grey
Iron Casting Plant and the Nodular Iron Casting Plant, of the Chevrolet
Motor Division, General Motors Corporation. The two plants are located
in Saginaw County, a primary nonattainment area. On September 5, 1980
and February 6, 1981, supplementary information was submitted by MDNR.
The Consent Order contains enforceable emission limitations and control
measures for the attainment of the primary TSP standards in Saginaw
County by December 31, 1982.
(47) On March 4, 1981, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 12-1980 for the New
Haven Foundry located in Macomb County, a secondary nonattainment area.
The Consent Order contains enforceable emission reductions to achieve
the secondary TSP standards by June 30, 1985.
(48) On May 1, 1981, the State of Michigan, through the Department
of Natural Resources, submitted Consent Order 07-1981 for the Detroit
Edison Company, Boulevard Heating Plant located in the City of Detroit,
Wayne County. Under Michigan Rule 336.1331(1)(a), the plant was
restricted to a particulate emission limit of 0.45 pounds of particulate
per 1000 pounds flue gas or an equivalent of 410 tons per year. The
Consent Order, pursuant to Michigan Rule 333.1331(1)(d), establishes a
new limitation for the Boulevard Plant of 0.65 pounds per 1000 pounds of
flue gas with a daily limit of 0.9 tons per day and 10 tons per year.
Pursuant to the provisions of 5 U.S.C. 605(b), the Administrator
certified on January 27, 1981 (46 FR 8709) that the attached rule will
not have a significant economic impact on a substantial number of small
entities.
(49) On March 7, 1980 and April 21, 1981 the State of Michigan
submitted particulate studies for the Detroit area. These studies
satisfy EPA's conditional approval and the State's commitment.
(50) On October 22, 1981, the State of Michigan submitted as a SIP
revision Consent Order No. 17-1981, between Conoco, Inc., and the
Michigan Air Pollution Control Commission. The Consent Order establishes
a compliance schedule for Conoco, Inc. to achieve the Volatile Organic
Compounds (VOC)
[[Page 224]]
limitations in R336.1609 by December 31, 1982.
(51) On December 27, 1979, the State of Michigan, Department of
Natural Resources (MDNR), submitted to EPA a revision to the State
Implementation Plan (SIP) for Lead. On February 9, 1981, the State of
Michigan submitted a letter clarifying provisions of its Lead SIP. The
SIP provides for the implementation of measures for controlling lead
emissions for the attainment and maintenance of the national ambient air
quality standards for lead in Michigan by October 31, 1982.
(52) On June 26, 1981, the State of Michigan, Department of Natural
Resources, submitted to EPA Consent Order No. 12-1981 for controlling
particulate emissions from the liquid waste incinerator in Building 830
at the Dow Chemical Company's Midland plant. The Consent Order provides
a schedule which establishes a final particulate emissions compliance
date of October 1, 1982.
(53) On August 24, 1981, the State of Michigan, Department of
Natural Resources, submitted to EPA Consent Order APC No. 19-1981 for
controlling particulate emissions from Dow's West Side and South Side
powerplants. On October 16, 1981, the State of Michigan submitted a
letter to EPA clarifying specific sections intended for EPA's rulemaking
action. All particulate emission sources at Dow must comply with various
parts of Michigan's SIP by December 31, 1985. The Consent Order does not
interfere with the attainment of the primary particulate NAAQS standard
by December 31, 1982 or the secondary particulate NAAQS by October 1,
1984.
(54) On December 16, 1981, the State of Michigan submitted to EPA
Consent Order APC No. 21-1981 for the Monitor Sugar Company. Consent
Order APC No. 21-1981 provides for additional controls on its coal-fired
boilers, 1, 2, 3, and 4 and establishes a final compliance date of
October 15, 1982 for attaining the primary National Ambient Air Quality
Standards.
(55) On January 7, 1982, the State of Michigan submitted to EPA
Consent Order APC No. 23-1981 for the Traverse City Board of Light and
Power. Consent Order APC No. 23-1981 limits the company's operation of
its No. 1 and No. 2 coal-fired boilers after December 31, 1982; provides
for additional controls on its No. 4 coal-fired boiler; and establishes
a final compliance date of December 31, 1982.
(56) On September 2, 1981, the State of Michigan submitted a
revision to the ozone plan consisting of RACT requirements for the
control of volatile organic compound emissions from stationary
industrial sources (Group II) referenced in Rules R336.1101-3, 5-9, 14-
16, 18-21, 23; R336.1601, 3-4, 10, 19-27; and R336.2005.
(57) On March 3, 1982, the State of Michigan submitted a
modification to its schedule for submitting by December 31, 1982
regulations developed to correct the State's deficiencies in its Part D
State Implementation Plan for the attainment of the total suspended
particulate air quality standards in its nonattainment areas containing
iron and steel sources.
(58) On December 16, 1981, the State of Michigan submitted as a SIP
revision consent order APC No. 18-1981 between General Motors
Warehousing and Distribution Division and the Michigan Air Pollution
Control Commission. On March 16, 1982, Michigan submitted an amendment
to consent order APC No. 18-1981. The Consent Order provides a one year
extension from October 15, 1982 until October 15, 1983 for the Company's
No. 1 and No. 2 boilers and establishes a compliance date of October 15,
1981, for boilers 3 and 4. The Consent Order contains a schedule for
compliance which specifies emission limits of 0.45 pounds of particulate
per 1,000 pounds of gas as required in Michigan's rule 336.1331(c) Table
31.
(59) [Reserved]
(60) On April 5, 1982, the State of Michigan submitted Consent Order
APC No. 02-1980 along with alterations to Section 5(D) of the Consent
Order for the Hayes-Albion foundry in Calhoun County. The Consent Order
contains control measures beyond the present requirements of Michigan's
R336.1301 and R336.1331 for Total Suspended Particulate (TSP) emissions
and evaluation methods for determining significant particulate emission
sources from the foundry. On June
[[Page 225]]
18, 1982, the State of Michigan also submitted a Fugitive Dust Control
Plan and a Malfunction Abatement Plan for the Hayes-Albion foundry. On
September 21, 1982, the State of Michigan formally submitted Permits
314-79 and 375-79 for the American Colloid Plant.
(61) On March 6, 1981, the State of Michigan submitted as a SIP
revision general rules for fugitive dust control. These rules were
approved by the Michigan Air Pollution Control Commission on January 20,
1981, and became effective at the State level on February 17, 1981. On
January 25, 1982, May 3, 1982, and August 24, 1982, Michigan submitted
additional information and commitments. The submittal of March 6, 1981,
along with the additional information and commitments satisfies the
State's commitment to submit industrial fugitive dust regulations that
represent reasonably available control techniques for industrial
fugitive dust sources.
(62) On July 28, 1982, the State of Michigan submitted Consent Order
No. 06-1981 for the Clark Oil and Refining Corporation for volatile
organic compound (VOC) emissions. This revision is a detailed compliance
schedule containing increments of progress with a final compliance date
of December 31, 1982 and an emission limitation of 0.7 pound of organic
vapor per 1000 gallons of organic compound load.
(63) On September 8, 1982, the State of Michigan submitted as a SIP
revision Consent Order No. 03-1982, between the Hydra-Matic Division,
General Motors Corporation and the Michigan Air Pollution Control
Commission. The Consent Order establishes a compliance schedule
containing increments of progress dates and a final date of November 1,
1982 for Boiler No. 5 to comply with Michigan's R336.331.
(64) On September 21, 1982, the State of Michigan submitted as a SIP
revision Consent Order No. 13-1982, between the Diamond Crystal Salt and
the Michigan Air Pollution Control Commission, the Consent Order
establishes a compliance schedule containing increments of progress
dates and a final date of December 18, 1982 for Boiler No. 5 to comply
with Michigan's R336.331.
(65) [Reserved]
(66) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision consent order No. 08-1982,
between the General Motors, Buick Motor Division and the Michigan Air
Pollution Control Commission. The Consent Order establishes a Volatile
Organic Compound (VOC) emissions compliance schedule as required under
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance
date for surface coating operations until December 31, 1987. On November
29, 1982, and March 10, 1983, the State submitted additional
information.
(67) On September 8, 1982, the State of Michigan submitted Consent
Order No. 09-1982, between the General Motors, Fisher Body Division and
the Michigan Air Pollution Control Commission as a State Implementation
Plan (SIP) revision. The Consent Order establishes a Volatile Organic
Compound (VOC) emission compliance schedule as required under Michigan's
Rule 336.1603 and 336.1610, and extends the compliance date for surface
coating operations until December 31, 1987. On November 29, 1982, and
March 10, 1983, the State submitted additional information.
(68) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 10-1982,
between Chevrolet Truck Assembly and the Michigan Air Pollution Control
Commission. The Consent Order establishes a Volatile Organic Compound
(VOC) emission compliance schedule as required under Michigan's Rule
336.1603 and 336.1610, and extends the compliance date for surface
coating operations until December 31, 1987. On November 29, 1982, and
March 10, 1983, the State submitted additional information.
(69) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 11-1982,
between the General Motors Fisher Body Division, Fleetwood Plant and the
Michigan Air Pollution Control Commission. On March 10, 1983, the State
submitted additional information for this SIP revision. The Consent
Order establishes a Volatile Organic Compound (VOC)
[[Page 226]]
emissions compliance schedule as required under Michigan's Rules
336.1603 and 336.1610, and extends the final compliance date for surface
coating operations until December 31, 1987.
(70) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 12-1982,
between the General Motors, Cadillac Motors Car Division and the
Michigan Air Pollution Control Commission. On March 10, 1983, the State
submitted additional information for this SIP revision. The Consent
Order establishes a Volatile Organic Compound (VOC) emission compliance
schedule as required under Michigan's Rule 336.1603 and R336.1610, and
extends the compliance date for surface coating operations until
December 31, 1987.
(71) On September 1, 1982, the State of Michigan submitted a request
to reduce the size of the ozone demonstration area for Southeast
Michigan from the seven-county area of Wayne, Oakland, Macomb,
Livingston, Monroe, St. Clair and Washtenaw to a three-county area
consisting of Wayne, Oakland, and Macomb Counties.
(72) On November 18, 1982, the State of Michigan submitted Consent
Order APC No. 06-1980, along with alterations for the General Motors
Corporation (GMC) Central Foundry Division, Saginaw Malleable Iron Plant
in the City of Saginaw, County of Saginaw as a revision to the Michigan
SIP. Consent Order No. 06-1980, as amended, reflects an interim and
final particulate emission limit more stringent than Michigan's rule
336.1331; extends the final date of compliance with Michigan's Rule
336.1301 for opacity on the oil quench facilities from December 31,
1982, to December 15, 1983, which is as expeditiously as practicable and
before the July 31, 1985, attainment date for the secondary TSP NAAQS in
Michigan.
(73) On June 30, 1983, the State of Michigan submitted as a State
Implementation Plan (SIP) revision. Consent Order No. 4-1983 between the
General Motors Corporation's Oldsmobile Division and the Michigan Air
Pollution Control Commission. The Consent Order establishes a Volatile
Organic Compound (VOC) emissions compliance schedule as required under
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance
dates for prime, primer-surfacer, topcoat, and final repair operations
until December 31, 1987.
(74) On June 30, 1983, the State of Michigan submitted as a State
Implementation Plan (SIP) revision. Consent Order No. 5-1983, between
the General Motors Corporation's Assembly Division and the Michigan Air
Pollution Control Commission. The Consent Order established a Volatile
Organic Compound (VOC) emission compliance schedule as required under
Michigan's Rule 336.1603 and R336.1610, and provides interim compliance
limits to be achieved by December 31, 1984, and extends the final
compliance dates for topcoating and final repair coating operations
until December 31, 1987.
(75) On October 4, 1983, the State of Michigan submitted: (1) A
revised Consent Order APC No. 12-1979 between CWC Castings Division of
Textron and the Michigan Air Pollution Control Commission and (2)
Article 14, Section J of the Muskegon County APC Rules. Consent Order
APC No. 12-1979 requires reductions of point source emissions and
fugitive emissions and extends the installation schedule of specified
control devices to December 31, 1984. Article 14, Section J, provides a
ban on open residential and leaf burning in Muskegon County. EPA
approves the additional control measures contained in Consent Order APC
No. 12-1979 and the open burning ban. EPA takes no action on the overall
approval of Michigan's Part D secondary nonattainment area for Muskegon
County.
(76) On August 24, 1983, the State of Michigan submitted a State
Implementation Plan (SIP) revision request for an extension of the
compliance date for Boiler No. 2 for the General Motors Corporation
Warehousing and Distribution Division, in Swartz Creek County. Consent
Order No. 18-1981 extends the compliance date until October 15, 1985 for
GMC to install mechanical collectors on Boiler No. 2.
(77) On March 8, 1984, the State of Michigan submitted a report
which demonstrated that Rule 336.1606 contains emission limits
equivalent to Reasonable Available Control Technology (RACT) for Wayne,
Oakland and
[[Page 227]]
Macomb Counties. Therefore, USEPA remove its conditional approval of
Rule 336.1606 and fully approves the State's rule.
(78) On September 6, 1984, the State of Michigan submitted a
revision to the Michigan State Implementation Plan for the General
Motors Corporation Buick Motor Division in the form of an Alteration of
Stipulation for Entry of Consent Order and Final Order, No. 8-1982. The
original Consent Order No. 8-1982 was federally approved on July 6,
1983. This alteration revises Consent Order No. 8-1982, in that it
accelerates the final compliance dates for prime and prime-surfacer
operations and extends an interim compliance date for topcoat
operations.
(i) Incorporation by reference.
(A) State of Michigan, Air Pollution Control Commission, Alteration
of Stipulation for Entry Consent Order and Final Order SIP No. 8-1983,
which was approved by the Air Pollution Control Commission on April 2,
1984.
(B) Letter of September 6, 1984, from the State of Michigan,
Department of Natural Resources, to EPA.
(79) On December 2, 1983, USEPA proposed to withdraw its approval of
Michigan's fugitive dust regulations. On April 25, 1985, the State of
Michigan submitted revised Rule 336.1371, existing Rule 336.1372, and
new Rule 336.1373. However, they did not meet the requirements of Part D
of section 172(b); and USEPA, therefore, withdrew its approval of these
submittals, disapproved these submittals, and instituted new source
restrictions for major sources in the Michigan primary Total Suspended
Particulate (TSP) nonattainment areas on August 20, 1985. USEPA
incorporates revised Rule 336.1371 and newly submitted Rule 336.1373
into the Michigan State Implementation Plan because they provide a
framework for the development of fugitive dust control programs at the
State level in Michigan. USEPA retains Rule 336.1372, which is already
incorporated into the Michigan SIP, insofar as it applies to sources in
TSP attainment areas. This paragraph supercedes paragraph (C)(61) of
this section.
(i) Incorporation by reference.
(A) Michigan Department of Natural Resources Rules 336.1371 and
336.1373 (Fugitive Dust Regulations), as adopted on April 23, 1985.
(80) On July 27, 1983, the State of Michigan submitted Consent Order
No. 08-1983 for the General Motors Corporation Central Foundry
Division's Saginaw Malleable Iron Plant, as a revision to the Michigan
State Implementation Plan for Total Suspended Particulates. Consent
Order No. 08-1983 amends control strategy provisions of federally
approved (November 18, 1982 and August 15, 1983) Consent Order No. 06-
1980 and its alteration.
(i) Incorporation by reference.
(A) Stipulation for Entry of Consent Order and Final Order No. 08-
1983 for the General Motors Corporation Central Foundry Division's
Saginaw Malleable Iron Plant amending Control Strategy Provisions issued
June 9, 1983.
(81) On October 1, 1984, the State of Michigan submitted the
Stipulation for Entry of Consent Order and Final Order, SIP No. 12-1984,
between the Consumer Power Company's J.H. Campbell and the Michigan Air
Pollution Control Commission as a revision to the Michigan
SO2 SIP. Consent Order No. 12-1984 provides a 3-year
compliance date extension (January 1, 1985, to December 31, 1987) for
the J.H. Campbell Units 1 and 2 to emit SO2 at an allowable
rate on a daily basis of 4.88 lbs/MMBTU in 1985, 4.78 lbs/MMBTU in 1986,
and 4.68 lbs/MMBTU in 1987.
(i) Incorporation by reference.
(A) October 1, 1984, Stipulation for Entry of Consent Order and
Final Order, SIP No. 12-1984, establishing interim daily average
SO2 emission limitations and quarterly average limits on
percent sulfur is fuel fired.
(82) The State of Michigan submitted negative declarations for
several volatile organic compound source categories, as follows:
October 10, 1983--Large petroleum dry cleaners;
May 17, 1985--High-density polyethylene, polypropylene, and polystyrene
resin manufacturers;
June 12, 1985--Synthetic organic chemical manufacturing industry sources
(SOCMI) oxidation.
(i) Incorporation by reference.
(A) Letters dated October 10, 1983, May 17, 1985, and June 12, 1985,
from
[[Page 228]]
Robert P. Miller, Chief, Air Quality Division, Michigan Department of
Natural Resources. The letter dated June 12, 1985, includes pages 2-119
and 2-120 from the revised 1982 Air Quality Implementation Plan for
Ozone and Carbon Monoxide in Southeast Michigan.
(83) On September 16, 1985, the State of Michigan submitted a SIP
revision requesting alternate opacity limits for the Packaging
Corporation of America (PCA) bark boiler. The request is in the form of
a Stipulation for Entry of Consent Order and Final Order (No. 23-1984).
The Consent Order contains an extended schedule for the PCA's bark
boiler to comply with Michigan's Rule 336.1301.
(i) Incorporation by reference.
(A) Stipulation for Entry of Consent Order and Final Order No. 23-
1984 for the Packaging Corporation of America, approved on July 8, 1985.
(84) On April 29, 1986, the State of Michigan submitted a revision
to the Michigan State Implementation Plan (SIP) for total suspended
particulates (TSP). The revision, in the form of Air Pollution Control
Act (APCA) No. 65, revises the State's 1965 APCA No. 348 contained in
the TSP portion of the Michigan SIP with respect to: car ferries having
the capacity to carry more than 110 motor vehicles; and coal-fired
trains used in connection with tourism.
(i) Incorporation by reference.
(A) Act No. 65 of the Public Acts of 1986, as approved by the
Governor of Michigan on March 30, 1986.
(85) On April 25, 1979, the State of Michigan submitted as revisions
to the Air Quality Implementation Plan, Michigan Department of Natural
Resources Air Pollution Control Commission General Rules for Open
Burning; Continuous Emission Monitoring; Air Pollution Episodes;
Organization, Operation and Procedures; and Hearings.
(i) Incorporation by reference.
(A) R 336.1310, Open Burning, effective January 18, 1980.
(B) R 336.2101-3, R 336.2150-5, R 336.336-2159, R 336.2170,
R336.2175-6, R 336.2189-90, and R 336.2199; Continuous Emission
Monitoring, effective January 18, 1980.
(C) R 336.2301-8, Air Pollution Episodes, effective January 18,
1980.
(D) R 336.2601-8, Organization, Operating, and Procedures, effective
January 18, 1980.
(E) R 336.2701-6, Hearings, effective January 18, 1980.
(86) On May 25, 1988, the State of Michigan submitted an SIP
revision in the form of an addendum to the State's Rule 336.1122,
effective at the State level on May 20, 1988. The amendment will allow
coating companies to exclude methyl chloroform from the VOC emission
calculation when it is not technically or economically reasonable. This
exemption applies only to the surface coating operations that are
subject to Part 6 (Emission Limitations and Prohibitions--Existing
Sources of VOC Emissions) or Part 7 (Emission Limitations and
Prohibitions--New Sources of VOC Emissions) of the State's regulations.
(i) Incorporation by reference.
(A) R336.1122, Methyl Chloroform; effective at the State level on
May 20, 1988.
(87)-(89) [Reserved]
(90) On December 17, 1987, the State of Michigan submitted to USEPA
a revision to the Michigan State Implementation Plan for the Continental
Fiber Drum, Inc., which limits volatile organic compound emissions from
the surface coating operations at the facility.
(i) Incorporation by reference.
(A) State of Michigan, Air Pollution Control Commission, Stipulation
for Entry of Consent Order and Final Order No. 14-1987, which was
adopted by the State on December 9, 1987.
(B) Letter of December 17, 1987, from the State of Michigan,
Department of Natural Resources to USEPA.
(91) On May 17, 1985, the State submitted revised rules for the
control of particulate matter from iron and steel sources and from other
sources in Michigan. These rules were submitted to fulfill conditions of
USEPA's May 22, 1981, approval (46 FR 27923 of the State's part D total
suspended particulates (TSP) State Implementation Plan (SIP). USEPA is
approving these revised rules in the Michigan submittal except for the
following provisions: The quench tower limit in rule 336.1331, Table 31,
Section C.8, because allowing water quality limits to apply only to
[[Page 229]]
makeup water is a relaxation; the deletion of the limit in rule 336.1331
for coke oven coal preheater equipment, because it is a relaxation, and
rule 336.1355, because it provides an unlimited exemption for emissions
from emergency relief valves in coke oven gas collector mains.
(i) Incorporation by reference.
(A) Revision to parts 1, 3, and 10 of Michigan's administrative
rules for air pollution control (Act 348 of 1967, as amended) as adopted
by the Michigan Air Pollution Control Commission on December 18, 1984.
These rules became effective in Michigan on February 22, 1985.
(92) On October 10, 1986, the State of Michigan supported portions
of the revised Wayne County Air Pollution Control Division Air Pollution
Control Ordinance as approved by Wayne County on September 19, 1985, as
a revision to the Michigan State Implementation Plan.
(i) Incorporation by reference.
(A) Chapters 1, 2, 3, 5 (except for the portions of Chapter 5,
section 501, of the Wayne County Ordinance which incorporate by
reference the following parts of the State rules: The quench tower limit
in Rule 336.1331, Table 31, Section C.8; the deletion of the limit in
Rule 336.1331 for coke oven coal preheater equipment; and Rule
336.1355), 8 (except section 802), 9, 11, 12, 13 and appendices A and D
of the Wayne County Air Pollution Control Division (WCAPCD) Air
Pollution Control Ordinance as approved by WCAPCD on September 19, 1985.
(93) On November 16, 1992, the Michigan Department of Natural
Resources submitted Natural Resources Commission Rule 336.202 (Rule 2),
Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991
Michigan Air Pollution Reporting Forms, Reference Tables, and General
Instructions as the States emission statement program. Natural Resources
Commission Rule 336.202 (Rule 2) became effective November 11, 1986.
Section 5 and 14a of the 1965 Air Pollution Act 348 became effective
July 23, 1965.
(i) Incorporation by reference.
(A) Natural Resources Commission Rule 336.202 (Rule 2) became
effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution
Act 348 became effective July 23, 1965.
(94) On November 13, 1992, January 8, 1993, and November 12, 1993,
the State of Michigan submitted a Small Business Stationary Source
Technical and Environmental Assistance Program for incorporation in the
Michigan State Implementation Plan as required by section 507 of the
Clean Air Act.
(i) Incorporation by reference.
(A) Small Business Clean Air Assistance Act, Act No. 12, Public Acts
of 1993, approved by the Governor on April 1, 1993, and effective upon
approval.
(95) On November 15, 1993, the State of Michigan requested revision
to the Michigan State Implementation Plan (SIP) to incorporate
miscellaneous technical rule changes that the State had made effective
April 20, 1989.
(i) Incorporation by reference.
(A) Michigan Air Pollution Control Rules: R 336.1107 (except
paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R
336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705,
effective April 20, 1989.
(96) Revisions to the Michigan Regulations submitted on June 12,
1993 and November 12, 1993 by the Michigan Department of Natural
Resources:
(i) Incorporation by reference.
(A) Revisions to the following provisions of the Michigan Air
Pollution Control Commission General Rules filed with the Secretary of
State on April 12, 1993 and effective on April 27, 1993:
(1) R 336.1101 Definitions; A--Revised definitions of the following
terms: actual emissions, air-dried coating, air quality standard,
allowable emissions and alternate opacity.
(2) R 336.1103 Definitions; C--Added definition of coating category.
Revised definitions of the following terms: calendar day, class II
hardboard paneling finish, coating line, coating of automobiles and
light-duty trucks coating of fabric, coating of large appliances,
coating of paper, coating of vinyl, component, component in field gas
service, component in gaseous volatile organic compound service,
component in heavy
[[Page 230]]
liquid service, component in light liquid service, component in liquid
volatile organic compound service, condenser, conveyorized vapor
degreaser, and creditable.
(3) R 336.1105 Definitions; E--Added definition of the term extreme
environmental conditions. Revised definitions of the following terms:
electrostatic prep coat, equivalent method and extreme performance
coating.
(4) R 336.1116 Definitions; P--Revised definitions of the following
terms: packaging rotogravure printing, printed interior panel, process
unit turnaround, publication rotogravure printing and pushside. Deleted
definition of the term pneumatic rubber tire manufacturing.
(5) R 336.1122 Definitions; V--Added definition of the term vapor
collection system. Revised definitions of the following terms: very
large precipitator and volatile organic compound.
(6) R 336.1602 General provisions for existing sources of volatile
organic compound emissions (entire rule).
(7) R 336.1610 Existing coating lines; emission of volatile organic
compounds from exiting automobile, light-duty truck, and other product
and material coating lines (entire rule).
(8) R 336.1611 Existing cold cleaners (entire rule).
(9) R 336.1619 Perchloroethylene; emission from existing dry
cleaning equipment (entire rule).
(10) R 336.1620 Emission of volatile organic compounds from existing
flat wood paneling coating lines (entire rule).
(11) R 336.1621 Emission of volatile organic compounds from existing
metallic surface coating lines (entire rule).
(12) R 336.1622 Emission of volatile organic compounds from existing
components of petroleum refineries; refinery monitoring program (entire
rule).
(13) R 336.1623 Storage of petroleum liquids having a true vapor
pressure of more than 1.0 psia, but less than 11.0 psia, in existing
external floating roof stationary vessels of more than 40,000-gallon
capacity (entire rule).
(14) R 336.1625 Emission of volatile organic compounds from existing
equipment utilized in manufacturing synthesized pharmaceutical products
(entire rule).
(15) R 336.1627 Delivery vessels; vapor collection systems (entire
rule).
(16) R 336.1630 Emission of volatile organic compounds from existing
paint manufacturing processes (entire rule).
(17) R 336.1631 Emission of volatile organic compounds from existing
process equipment utilized in manufacture of polystyrene or other
organic resins (entire rule).
(18) R 336.1632 Emission of volatile organic compounds from existing
automobile, truck, and business machine plastic part coating lines
(entire rule).
(19) R 336.1702 General provisions of new sources of volatile
organic compound emissions (entire rule).
(20) R 336.2004 Appendix A; reference test methods; adoption of
federal reference test methods (entire rule).
(21) R 336.2006 Reference test method serving as alternate version
of federal reference test method 25 by incorporating Byron analysis
(entire rule).
(22) R 336.2007 Alternate version of procedure L, referenced in R
336.2040(10) (entire rule).
(23) R 336.2040 Method for determination of volatile organic
compound emissions from coating lines and graphic arts lines (except R
336.2040(9) and R 336.2040(10)).
(24) R 336.2041 Recordkeeping requirements for coating lines and
graphic arts lines (entire rule).
(B) Revisions to the following provisions of the Michigan Air
Pollution Control Commission General Rules filed with the Secretary of
State on November 3, 1993 and effective on November 18, 1993:
(1) R 336.1601 Definitions--Added definition of the term person
responsible.
(2) R 336.1602 General provisions for existing sources of volatile
organic compound emissions--Addition of provisions requiring submittal
of site-specific SIP revisions to EPA for the use of equivalent control
methods allowed under rules 336.1628(1) and 336.1629(1).
(3) R 336.1624 Emission of volatile organic compounds from existing
graphic arts lines (entire rule).
(4) R 336.1628 Emission of volatile organic compounds from
components of existing process equipment used in manufacturing synthetic
organic chemicals and polymers; monitoring program (entire rule).
[[Page 231]]
(5) R 336.1629 Emission of volatile organic compounds from
components of existing process equipment used in processing natural gas;
monitoring program (entire rule).
(C) Senate Bill No. 726 of the State of Michigan 87th Legislature
for Stage I controls signed and effective on November 13, 1993.
(D) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 39-1993 which was adopted
by the State on November 12, 1993.
(E) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 40-1993 which was adopted
by the State on November 12, 1993.
(F) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 3-1993 which was adopted
by the State on June 21, 1993.
(97) On November 12, 1993, the State of Michigan submitted a
revision to the State Implementation Plan (SIP) for the implementation
of a motor vehicle inspection and maintenance (I/M) program in the Grand
Rapids and Muskegon ozone nonattainment areas. This revision included
House Bill No. 4165 which establishes an I/M program in Western
Michigan, SIP narrative, and the State's Request for Proposal (RFP) for
implementation of the program. House Bill No. 4165 was signed and
effective on November 13, 1993.
(i) Incorporation by reference.
(A) House Bill No. 4165; signed and effective November 13, 1993.
(ii) Additional materials.
(A) SIP narrative plan titled ``Motor Vehicle Emissions Inspection
and Maintenance Program for Southeast Michigan, Grand Rapids MSA, and
Muskegon MSA Moderate Nonattainment Areas,'' submitted to the EPA on
November 12, 1993.
(B) RFP, submitted along with the SIP narrative on November 12,
1993.
(C) Supplemental materials, submitted on July 19, 1994, in a letter
to EPA.
(98) [Reserved]
(99) On July 13, 1994, the State of Michigan requested a revision to
the Michigan State Implementation Plan (SIP). The State requested that a
consent order for the Eagle-Ottawa Leather Company of Grand Haven be
included in the SIP.
(i) Incorporation by reference. State of Michigan, Department of
Natural Resources, Stipulation for Entry of Consent Order and Final
Order No. 7-1994 which was adopted on July 13, 1994.
(100) On June 11, 1993 the Michigan Department of Natural Resources
(MDNR) submitted a plan, with revisions submitted on April 7, 1994 and
October 14, 1994 for the purpose of bringing about the attainment of the
National Ambient Air Quality Standards for particulate matter with an
aerodynamic diameter less than or equal to a nominal 10 micrometers (PM)
in the Wayne County moderate PM nonattainment area.
(i) Incorporation by reference.
(A) Consent Order 4-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Allied Signal, Inc.,
Detroit Tar Plant.
(B) Consent Order 5-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Asphalt Products
Company, Plant 5A.
(C) Consent Order 6-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Clawson Concrete
Company, Plant 1.
(D) Consent Order 7-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Cummings-Moore Graphite
Company.
(E) Consent Order 8-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Delray Connecting
Railroad Company.
(F) Consent Order 9-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Detroit Edison Company,
River Rouge Plant.
(G) Consent Order 10-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Detroit Edison Company,
Sibley Quarry.
(H) Consent Order 11-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the city of Detroit,
Detroit Water and Sewage Department, Wastewater Treatment Plant.
(I) Consent Order 12-1993 effective October 12, 1994 issued by the
MDNR. This
[[Page 232]]
Order limits the PM emissions for the Ferrous Processing and Trading
Company.
(J) Consent Order 13-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Ford Motor Company,
Rouge Industrial Complex.
(K) Consent Order 14-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Ford Motor Company,
Vulcan Forge.
(L) Consent Order 15-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Detroit Lime Company.
(M) Consent Order 16-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 1.
(N) Consent Order 17-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 3.
(O) Consent Order 18-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 6.
(P) Consent Order 19-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 4 and 5.
(Q) Consent Order 20-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant Scrap Up-Grade Facility.
(R) Consent Order 21-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Marblehead Lime,
Brennan Avenue Plant.
(S) Consent Order 22-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Marblehead Lime, River
Rouge Plant.
(T) Consent Order 23-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the McLouth Steel Company,
Trenton Plant.
(U) Consent Order 24-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Michigan Foundation
Company, Cement Plant.
(V) Consent Order 25-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Michigan Foundation
Company, Sibley Quarry.
(W) Consent Order 26-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Morton International,
Inc., Morton Salt Division.
(X) Consent Order 27-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the National Steel
Corporation, Great Lakes Division.
(Y) Consent Order 28-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the National Steel
Corporation, Transportation and Materials Handling Division.
(Z) Consent Order 29-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Peerless Metals
Powders, Incorporated.
(AA) Consent Order 30-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Rouge Steel Company.
(BB) Consent Order 31-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Keywell Corporation.
(CC) Consent Order 32-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the St. Marys Cement
Company.
(DD) Consent Order 33-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the United States Gypsum
Company.
(EE) Consent Order 34-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Wyandotte Municipal
Power Plant.
(101) On November 15, 1993, the State of Michigan submitted as a
revision to the Michigan State Implementation Plan for ozone a State
Implementation Plan for a motor vehicle inspection and maintenance
program for the Detroit-Ann Arbor area. Michigan submitted
[[Page 233]]
House Bill No. 5016, signed by Governor John Engler on November 13,
1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 5016 signed by the Governor and
effective on November 13, 1993.
(102) On November 12, 1993, the State of Michigan submitted as a
revision to the Michigan State Implementation Plan for ozone a State
Implementation Plan for a section 175A maintenance plan for the Detroit-
Ann Arbor area as part of Michigan's request to redesignate the area
from moderate nonattainment to attainment for ozone. Elements of the
section 175A maintenance plan include a base year (1993 attainment year)
emission inventory for NOX and VOC, a demonstration of
maintenance of the ozone NAAQS with projected emission inventories
(including interim years) to the year 2005 for NOX and VOC, a
plan to verify continued attainment, a contingency plan, and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If the area records a violation of the
ozone NAAQS (which must be confirmed by the State), Michigan will
implement one or more appropriate contingency measure(s) which are
contained in the contingency plan. Appropriateness of a contingency
measure will be determined by an urban airshed modeling analysis. The
Governor or his designee will select the contingency measure(s) to be
implemented based on the analysis and the MDNR's recommendation. The
menu of contingency measures includes basic motor vehicle inspection and
maintenance program upgrades, Stage I vapor recovery expansion, Stage II
vapor recovery, intensified RACT for degreasing operations,
NOX RACT, and RVP reduction to 7.8 psi. Michigan submitted
legislation or rules for basic I/M in House Bill No 5016, signed by
Governor John Engler on November 13, 1993; Stage I and Stage II in
Senate Bill 726 signed by Governor John Engler on November 13, 1993; and
RVP reduction to 7.8 psi in House Bill 4898 signed by Governor John
Engler on November 13, 1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 5016 signed by the Governor and
effective on November 13, 1993.
(B) State of Michigan Senate Bill 726 signed by the Governor and
effective on November 13, 1993.
(C) State of Michigan House Bill No. 4898 signed by the Governor and
effective on November 13, 1993.
(103) On August 26, 1994 Michigan submitted a site-specific SIP
revision in the form of a consent order for incorporation into the
federally enforceable ozone SIP. This consent order determines
Reasonably Available Control Technology (RACT) specifically for the
Enamalum Corporation Novi, Michigan facility for the emission of
volatile organic compounds (VOCs).
(i) Incorporation by reference. The following Michigan Stipulation
for Entry of Final Order By Consent.
(A) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Final Order By Consent No. 6-1994 which was adopted by the
State on June 27, 1994.
(104) On July 13, 1995, the Michigan Department of Natural Resources
(MDNR) submitted a contingency measures plan for the Wayne County
particulate matter nonattainment area.
(i) Incorporation by reference.
(A) State of Michigan Administrative Rule 374 (R 336.1374),
effective July 26, 1995.
(105) [Reserved]
(106) On March 9, 1995, the State of Michigan submitted as a
revision to the Michigan State Implementation Plan for ozone a State
Implementation Plan for a section 175A maintenance plan for the Grand
Rapids area as part of Michigan's request to redesignate the area from
moderate nonattainment to attainment for ozone. Elements of the section
175A maintenance plan include an attainment emission inventory for
NOX and VOC, a demonstration of maintenance of the ozone
NAAQS with projected emission inventories to the year 2007 for
NOX and VOC, a plan to verify continued attainment, a
contingency plan, and a commitment to submit a subsequent maintenance
plan revision in 8 years as required by the Clean Air Act. If a
violation of the ozone NAAQS, determined not to be attributable to
transport from upwind
[[Page 234]]
areas, is monitored, Michigan will implement one or more appropriate
contingency measure(s) contained in the contingency plan. Once a
violation of the ozone NAAQS is recorded, the State will notify EPA,
review the data for quality assurance, and conduct a technical analysis,
including an analysis of meteorological conditions leading up to and
during the exceedances contributing to the violation, to determine local
culpability. This preliminary analysis will be submitted to EPA and
subjected to public review and comment. The State will solicit and
consider EPA's technical advice and analysis before making a final
determination on the cause of the violation. The Governor or his
designee will select the contingency measure(s) to be implemented within
six months of a monitored violation attributable to ozone and ozone
precursors from the Grand Rapids area. The menu of contingency measures
includes a motor vehicle inspection and maintenance program, Stage II
vapor recovery, gasoline RVP reduction to 7.8 psi, RACT on major non-CTG
VOC sources in the categories of coating of plastics, coating of wood
furniture, and industrial cleaning solvents. Michigan submitted
legislation or rules for I/M in House Bill No 4165, signed by Governor
John Engler on November 13, 1993; Stage II in Senate Bill 726 signed by
Governor John Engler on November 13, 1993; and RVP reduction to 7.8 psi
in House Bill 4898 signed by Governor John Engler on November 13, 1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 4165 signed by the Governor and
effective on November 13, 1993.
(B) State of Michigan Senate Bill 726 signed by the Governor and
effective on November 13, 1993.
(C) State of Michigan House Bill No. 4898 signed by the Governor and
effective on November 13, 1993.
(107) [Reserved]
(108) On May 16, 1996, the State of Michigan submitted a revision to
the Michigan State Implementation Plan (SIP). This revision is for the
purpose of establishing a gasoline Reid vapor pressure (RVP) limit of
7.8 pounds per square inch (psi) for gasoline sold in Wayne, Oakland,
Macomb, Washtenaw, Livingston, St. Clair, and Monroe counties in
Michigan.
(i) Incorporation by reference.
(A) House Bill No. 4898; signed and effective November 13, 1993.
(B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290,
Sections 642, 643, 645, 646, 647, and 649; all effective November 13,
1993.
(C) Michigan Complied Laws, Weights and Measures Act of 1964,
Chapter 290, Sections 613, 615; all effective August 28, 1964.
(ii) Additional materials.
(A) Letter from Michigan Governor John Engler to Regional
Administrator Valdas Adamkus, dated January 5, 1996.
(B) Letter from Michigan Director of Environmental Quality Russell
Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996.
(C) State report titled ``Evaluation of Air Quality Contingency
Measures for Implementation in Southeast Michigan,'' submitted to the
EPA on May 14, 1996.
(109) On December 13, 1994 and January 19, 1996, Michigan submitted
correspondence and Executive Orders 1991-31 and 1995-18 which indicated
that the executive branch of government had been reorganized. As a
result of the reorganization, delegation of the Governor's authority
under the Clean Air Act was revised. The Environmental Protection
Agency's approval of these Executive Orders is limited to those
provisions affecting air pollution control. The Air Pollution Control
Commission was abolished and its authority was initially transferred to
the Director of the Michigan Department of Natural Resources (DNR).
Subsequently, the Michigan Department of Natural Resources of
Environmental Quality (DEQ) was created by elevating eight program
divisions and two program offices previously located within the DNR. The
authority then earlier vested to the Director of the Michigan DNR was
then transferred to the Director of the Michigan DEQ with the exception
of some administrative appeals decisions.
(i) Incorporation by reference.
(A) State of Michigan Executive Order 1991-31 Commission of Natural
[[Page 235]]
Resources, Department of Natural Resources, Michigan Department of
Natural Resources Executive Reorganization. Introductory and concluding
words of issuance and Title I: General; Part A: Sections 1, 2, 4 and 5,
Part B. Title III: Environmental Protection; Part A: Sections 1 and 2,
Part B. Title IV: Miscellaneous; Parts A and B, Part C: Sections 1, 2,
4, Part D. Signed by John Engler, Governor, November 8, 1991. Filed with
the Secretary of State November 8, 1991. Effective January 7, 1992.
(B) State of Michigan Executive Order No. 1995-18 Michigan
Department of Environmental Quality, Michigan Department of Natural
Resources Executive Reorganization. Introductory and concluding words of
issuance. Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9, 10, 11, 12, 13, 15,
16, 17, 18. Signed by John Engler, Governor, July 31, 1995. Filed with
the Secretary of State on August 1, 1995. Effective September 30, 1995.
(110) A revision to Michigan's State Implementation Plan (SIP),
containing part of Michigan's Natural Resources and Environmental
Protection Act, was submitted by the Michigan Department of
Environmental Quality (MDEQ) on May 16, 1996, and supplemented on
September 23, 1997. On December 30, 1997, MDEQ withdrew much of the
original submittal. The revision incorporated below contains control
requirements and applicable definitions for fugitive dust sources.
(i) Incorporation by reference. The following sections of Part 55 of
Act 451 of 1994, the Natural Resources and Environmental Protection Act
are incorporated by reference.
(A) 324.5524 Fugitive dust sources or emissions, effective March 30,
1995.
(B) 324.5525 Definitions, effective March 30, 1995.
(111) On March 18, 1999, the State of Michigan submitted a revision
to the Michigan State Implementation Plan for carbon monoxide containing
a section 175A maintenance plan for the Detroit area as part of
Michigan's request to redesignate the area from nonattainment to
attainment for carbon monoxide. Elements of the section 175A maintenance
plan include a base year (1996 attainment year) emission inventory for
CO, a demonstration of maintenance of the ozone NAAQS with projected
emission inventories to the year 2010, a plan to verify continued
attainment, a contingency plan, and an obligation to submit a subsequent
maintenance plan revision in 8 years as required by the Clean Air Act.
If the area records a violation of the CO NAAQS (which must be confirmed
by the State), Michigan will implement one or more appropriate
contingency measure(s) which are in the contingency plan. The menu of
contingency measures includes enforceable emission limitations for
stationary sources, transportation control measures, or a vehicle
inspection and maintenance program.
(112) The Michigan Department of Environmental Quality (MDEQ)
submitted a revision to Michigan's State Implementation Plan (SIP) on
August 20, 1998, and supplemented it on November 3, 1998. The revision
removed from the SIP the following rules, which the State rescinded
effective May 28, 1997: R 336.91 Purpose; R 336.92 Suspension of
enforcement; requests by local agencies; R 336.93 Local agency
requirements prior to suspension of enforcement; R 336.94 Commission
public hearings on applications; R 336.95 Suspension of enforcement;
procedures and public notice; R 336.96 Suspension of enforcement;
conditions; R 336.97 Commission review of local agency programs; renewal
of suspended enforcement; R 336.601 Affected counties and areas; R
336.602 Attainment of national ambient air quality standards; exemption
from inspection and maintenance program requirements; R 336.603 Ozone
and carbon monoxide attainment status determination; R 336.1373 Fugitive
dust control requirements; areas listed in table 36; R 336.1501 Emission
limits; extension of compliance date past January 1, 1980, generally; R
336.1502 Application; copies; R 336.1503 Application; contents; R
336.1504 Denial of request for extension past January 1, 1980; R
336.1505 Grant of extension past January 1, 1980; R 336.1506 Receipt of
full and complete application; public notice; inspection; public
hearing; R 336.1507 Modification or revocation of order granting
extension; immediate effect; R 336.1603 Compliance program;
[[Page 236]]
R 336.2010 Reference test method 5A; R 336.2199(c); R 336.2601
Organization; R 336.2602 Offices and meetings; R 336.2603 Documents
available for inspection and copying; R 336.2604 Document inspection and
copying procedures; tape recording transcriptions; R 336.2605 Functions;
R 336.2608 Hearings and informal conferences; R 336.2301 Definition of
air pollution episode; R 336.2302 Definition of air pollution forecast;
R 336.2303 Definition of air pollution alert; R 336.2304 Definition of
air pollution warning; R 336.2305 Definition of air pollution emergency;
R 336.2306 Declaration of air pollution episodes; R 336.2307 Episode
emission abatement programs; and R 336.2308 Episode orders. The rules
incorporated below contain revisions to degreasing, perchloroethylene
dry cleaning, petroleum refinery, synthetic organic chemical
manufacturing, and delivery vessel loading rules.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) R 336.1611 Existing cold cleaners, effective June 13, 1997.
(B) R336.1612 Existing open top vapor degreasers, effective June 13,
1997.
(C) R 336.1613 Existing conveyorized cold cleaners, effective June
13, 1997.
(D) R 336.1614 Existing conveyorized vapor degreasers, effective
June 13, 1997.
(E) R 336.1619 Standards for perchloroethylene dry cleaning
equipment, effective June 13, 1997.
(F) R 336.1622 Emission of volatile organic compounds from existing
components of petroleum refineries; refinery monitoring program,
effective June 13, 1997.
(G) R 336.1628 Emission of volatile organic compounds from
components of existing process equipment used in manufacturing synthetic
organic chemicals and polymers; monitoring program, effective June 13,
1997.
(H) R 336.1651 Standards for Degreasers, effective June 13, 1997.
(I) R 336.1706 Loading delivery vessels with organic compounds
having a true vapor pressure of more than 1.5 psia at new loading
facilities handling 5,000,000 or more gallons of such compounds per
year, effective June 13, 1997.
(J) R 336.1707 New cold cleaners, effective June 13, 1997.
(K) R 336.1708 New open top vapor degreasers, effective June 13,
1997.
(L) R 336.1709 New conveyorized cold cleaners, effective June 13,
1997.
(M) R 336.1710 New conveyorized vapor degreasers, effective June 13,
1997.
(113) On March 9, 1995, the State of Michigan submitted a revision
to the Michigan State Implementation Plan for ozone containing a section
175A maintenance plan for the Muskegon County area as part of Michigan's
request to redesignate the area from nonattainment to attainment for
ozone. Elements of the section 175A maintenance plan include a
contingency plan, and an obligation to submit a subsequent maintenance
plan revision in 8 years as required by the Clean Air Act. If the area
records a violation of the 1-hour ozone NAAQS, determined not to be
attributable to transport from upwind areas, Michigan will implement one
or more appropriate contingency measure(s) which are in the contingency
plan. The menu of contingency measures includes a motor vehicle
inspection and maintenance program, stage II vapor recovery, a low Reid
vapor pressure gasoline program, and rules for industrial cleanup
solvents, plastic parts coating, and wood furniture coating.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 4165 signed by the Governor and
effective on November 13, 1993.
(B) State of Michigan House Bill No. 726 signed by the Governor and
effective on November 13, 1993.
(C) State of Michigan House Bill No. 4898 signed by the Governor and
effective on November 13, 1993.
(114)-(115) [Reserved]
(116) The Michigan Department of Environmental Quality submitted
revisions to Michigan's State Implementation Plan (SIP) on July 7, 2000
and supplemented them with letters dated January 29, 2001, and February
6, 2002. They include revisions to definitions, open burning rules,
general volatile organic compound provisions, and administrative
procedures. The revision removed from the SIP rules R 336.1320
[[Page 237]]
and R 336.2703, which the State rescinded effective April 10, 2000.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) R 336.1104 Definitions; D, effective April 10, 2000.
(B) R 336.1310, Open burning, effective February 3, 1999.
(C) R 336.1602 General provisions for existing sources of volatile
organic compound emissions, effective April 10, 2000.
(D) R 336.2701 Petitions for review and for contested case hearings;
hearing procedure; ``duly authorized agent'' defined, effective April
10, 2000.
(E) R 336.2702 Appearances, effective April 10, 2000.
(117) [Reserved]
(118) The Michigan Department of Environmental Quality submitted
revisions to Michigan's State Implementation Plan (SIP) on September 23,
2002. They include rules to address excess emissions occurring during
startup, shutdown or malfunction as well as revisions to definitions.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) R 336.1102 Definitions; B, effective May 27, 2002.
(B) R 336.1104 Definitions; D, effective May 27, 2002.
(C) R 336.1105 Definitions; E, effective May 27, 2002.
(D) R 336.1107 Definitions; G, effective May 27, 2002.
(E) R 336.1108 Definitions; H, effective May 27, 2002.
(F) R 336.1113 Definitions; M, effective May 27, 2002.
(G) R 336.1118 Definitions; R, effective May 27, 2002.
(H) R 336.1120 Definitions; T, effective May 27, 2002.
(I) R 336.1915 Enforcement discretion in instances of excess
emissions resulting from malfunction, start-up, or shutdown, effective
May 27, 2002.
(J) R 336.1916 Affirmative defense for excess emissions during
start-up or shutdown, effective May 27, 2002.
(119) The Michigan Department of Environmental Quality submitted a
revision to Michigan's State Implementation Plan for ozone on April 25,
2003. This submittal contained a revised definition of volatile organic
compound.
(i) Incorporation by reference.
(A) R 336.1122 Definitions; V, effective March 13, 2003.
(120) [Reserved]
(121) On April 3, 2003, the Michigan Department of Environmental
Quality (MDEQ) submitted regulations restricting emissions of oxides of
nitrogen (NOX) to address the Phase I NOX SIP Call
requirements. EPA conditionally approved Michigan's April 3, 2003, SIP
revision on April 16, 2004. On May 27, 2004 and August 5, 2004, Michigan
subsequently submitted for EPA approval SIP revisions to address the
requirements found in EPA's conditional approval. These additional
submittals, in combination with the original SIP revision, fulfill the
Phase I NOX SIP Call requirements.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) R336.1802 Applicability under oxides of nitrogen budget trading
program, effective May 20, 2004.
(B) R336.1803 Definitions for oxides of nitrogen budget trading
program, effective December 4, 2002.
(C) R336.1804 Retired unit exemption from oxides of nitrogen budget
trading program, effective May 20, 2004.
(D) R336.1805 Standard requirements of oxides of nitrogen budget
trading program, effective December 4, 2002.
(E) R336.1806 Computation of time under oxides of nitrogen budget
trading program, effective December 4, 2002.
(F) R336.1807 Authorized account representative under oxides of
nitrogen budget trading program, effective December 4, 2002.
(G) R336.1808 Permit requirements under oxides of nitrogen budget
trading program, effective December 4, 2002.
(H) R336.1809 Compliance certification under oxides of nitrogen
budget trading program, effective December 4, 2002.
(I) R336.1810 Allowance allocations under oxides of nitrogen budget
trading program, effective December 4, 2002.
(J) R336.1811 New source set-aside under oxides of nitrogen budget
trading program, effective May 20, 2004.
[[Page 238]]
(K) R336.1812 Allowance tracking system and transfers under oxides
of nitrogen budget trading program, effective December 4, 2002.
(L) R336.1813 Monitoring and reporting requirements under oxides of
nitrogen budget trading, effective December 4, 2002.
(M) R336.1814 Individual opt-ins under oxides of nitrogen budget
trading program, effective December 4, 2002.
(N) R336.1815 Allowance banking under oxides of nitrogen budget
trading program, effective December 4, 2002.
(O) R336.1816 Compliance supplement pool under oxides of nitrogen
budget trading program, effective December 4, 2002.
(P) R336.1817 Emission limitations and restrictions for Portland
cement kilns, effective December 4, 2002.
(122) On April 3, 2003, May 28, 2003, September 17, 2004, October
25, 2004 and June 8, 2005, Michigan submitted revisions to the State
Implementation Plan which affect the following sections of the Michigan
Administrative Code: Part 3: Emission Limitations and Prohibitions--
Particulate Matter; Part 4: Emission Limitations and Prohibitions--
Sulfur-bearing Compounds; Part 6: Emission Limitations and
Prohibitions--Existing Sources of Volatile Organic Compound Emissions;
Part 7: Emission Limitations and Prohibitions--New Sources of Volatile
Organic Compound Emissions; Part 9: Emission Limitations and
Prohibitions--Miscellaneous; Part 10: Intermittent Testing and Sampling;
and Part 11: Continuous Emission Monitoring.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) Revisions to the following provisions of the Michigan
Administrative Code, effective April 30, 1998:
(1) R 336.1358 Roof monitor visible emissions at steel manufacturing
facilities from electric arc furnaces and blast furnaces.
(2) R 336.1361 Visible emissions from blast furnace casthouse
operations at steel manufacturing facilities.
(3) R 336.1362 Visible emissions from electric arc furnace
operations at steel manufacturing facilities.
(4) R 336.1363 Visible emissions from argon-oxygen decarburization
operations at steel manufacturing facilities.
(B) R 336.1625 Emission of volatile organic compound from existing
equipment utilized in manufacturing synthesized pharmaceutical products,
filed with the Secretary of State on November 14, 2000 and effective
November 30, 2000.
(C) Revisions to the following provisions of the Michigan
Administrative Code, filed with the Secretary of State March 11, 2002
and effective March 19, 2002:
(1) R 336.1301 Standards for density of emissions.
(2) R 336.1303 Grading visible emissions.
(3) R 336.1330 Electrostatic precipitator control systems.
(4) R 336.1331 Emission of particulate matter, except C8 of Table
31.
(5) R 336.1371 Fugitive dust control programs other than areas
listed in table 36.
(6) R 336.1372 Fugitive dust control program; required activities;
typical control methods.
(7) R 336.1374 Particulate matter contingency measures; area listed
in table 37.
(8) R 336.1401 Emission of sulfur dioxide from power plants.
(9) R 336.1403 Oil- and natural gas-producing or transporting
facilities and natural gas-processing facilities; emissions; operation.
(10) R 336.1601 Definitions.
(11) R 336.1604 Storage of organic compounds having true vapor
pressure of more than 1.5 psia, but less than 11 psia, in existing fixed
roof stationary vessels of more than 40,000-gallon capacity.
(12) R 336.1605 Storage of organic compounds having true vapor
pressure of 11 or more psia in existing stationary vessels of more than
40,000-gallon capacity.
(13) R 336.1606 Loading gasoline into existing stationary vessels of
more than 2,000-gallon capacity at dispensing facilities handling
250,000 or more gallons per year.
(14) R 336.1607 Loading gasoline into existing stationary vessels of
more
[[Page 239]]
than 2,000-gallon capacity at loading facilities.
(15) R 336.1608 Loading gasoline into delivery vessels at existing
loading facilities handling less than 5,000,000 gallons per year.
(16) R 336.1615 Existing vacuum-producing systems at petroleum
refineries.
(17) R 336.1616 Process unit turnarounds at petroleum refineries.
(18) R 336.1617 Existing organic compound-water separators at
petroleum refineries.
(19) R 336.1618 Use of cutback paving asphalt.
(20) R 336.1619 Standards for perchloroethylene dry cleaning
equipment; adoption of standards by reference.
(21) R 336.1622 Emission of volatile organic compounds from existing
components of petroleum refineries; refinery monitoring program.
(22) R 336.1623 Storage of petroleum liquids having a true vapor
pressure of more than 1.0 psia, but less than 11.0 psia, in existing
external floating roof stationary vessels of more than 40,000-gallon
capacity.
(23) R 336.1627 Delivery vessels; vapor collection systems.
(24) R 336.1628 Emission of volatile organic compounds from
components of existing process equipment used in manufacturing synthetic
organic chemicals and polymers; monitoring program.
(25) R 336.1629 Emission of volatile organic compounds from
components of existing process equipment used in processing natural gas;
monitoring program.
(26) R 336.1630 Emission of volatile organic compounds from existing
paint manufacturing processes.
(27) R 336.1631 Emission of volatile organic compounds from existing
process equipment utilized in manufacture of polystyrene or other
organic resins.
(28) R 336.1702 New sources of volatile organic compound emissions
generally.
(29) R 336.1705 Loading gasoline into delivery vessels at new
loading facilities handling less than 5,000,000 gallons per year.
(30) R 336.1906 Diluting and concealing emissions.
(31) R 336.1911 Malfunction abatement plans.
(32) R 336.1930 Emission of carbon monoxide from ferrous cupola
operations.
(33) R 336.2001 Performance tests by owner.
(34) R 336.2002 Performance tests by department.
(35) R 336.2003 Performance test criteria.
(36) R 336.2004 Appendix A; reference test methods; adoption of
Federal reference test methods.
(37) R 336.2005 Reference test methods for delivery vessels.
(38) R 336.2007 Alternate version of procedure L, referenced in R
336.2040(10).
(39) R 336.2013 Reference test method 5D.
(40) R 336.2021 Figures.
(41) R 336.2040 Method for determination of volatile organic
compound emissions from coating lines and graphic arts lines, except
subrules (9) and (10).
(42) R 336.2101 Continuous emission monitoring, fossil fuel-fired
steam generators.
(43) R 336.2150 Performance specifications for continuous emission
monitoring systems.
(44) R 336.2155 Monitor location for continuous emission monitoring
systems.
(45) R 336.2159 Alternative continuous emission monitoring systems.
(46) R 336.2170 Monitoring data reporting and recordkeeping.
(47) R 336.2189 Alternative data reporting or reduction procedures.
(48) R 336.2190 Monitoring system malfunctions.
(D) Revisions to the following provisions of the Michigan
Administrative Code, effective October 15, 2004:
(1) R 336.2012 Reference test method 5C.
(2) R 336.2014 Reference test method 5E.
(3) R 336.2175 Data reduction procedures for fossil fuel-fired steam
generators.
(E) R 336.2011 Reference test method 5B, filed with the Secretary of
State on
[[Page 240]]
April 21, 2005 and effective April 29, 2005.
[37 FR 10873, May 31, 1972. Redesignated at 71 FR 52469, Sept. 6, 2006]
Editorial Note: For Federal Register citations affecting Sec.
52.1190, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Subpart Y_Minnesota
Sec. 52.1219 Identification of plan--conditional approval.
(a) On November 12, 1993, the Minnesota Pollution Control Agency
submitted a revision request to Minnesota's carbon monoxide SIP for
approval of the State's basic inspection and maintenance (I/M) program.
The basic I/M program requirements apply to sources in the State's
moderate nonattainment areas for carbon monoxide and includes the
following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington Counties. The USEPA is conditionally approving Minnesota's
basic I/M program provided that the State adopt specific enforceable
measures as outlined in its July 5, 1994 letter from Charles W.
Williams, Commissioner, Minnesota Air Pollution Control Agency.
(i) Incorporation by reference.
(A) Minnesota Rules relating to Motor Vehicle Emissions parts
7023.1010 to 7023.1105, effective January 8, 1994.
(ii) Additional material.
(A) Letter from the State of Minnesota to USEPA dated July 5, 1994.
(b) On February 9, 1996, the State of Minnesota submitted a request
to revise its particulate matter (PM) State Implementation Plan (SIP)
for the Saint Paul area. This SIP submittal contains administrative
orders which include control measures for three companies located in the
Red Rock Road area--St. Paul Terminals, Inc., Lafarge Corporation and
AMG Resources Corporation. Recent exceedances were attributed to changes
of emissions/operations that had occurred at particular sources in the
area. The results from the modeling analysis submitted with the Red Rock
Road SIP revision, preliminarily demonstrate protection of the PM
National Ambient Air Quality Standards (NAAQS). However, due to the lack
of emission limits and specific information regarding emission
distribution at Lafarge Corporation following the installation of the
pneumatic unloader, EPA is conditionally approving the SIP revision at
this time. Final approval will be conditioned upon EPA receiving a
subsequent modeled attainment demonstration with specific emission
limits for Lafarge Corporation, corrected inputs for Peavey/Con-Agra,
and consideration of the sources in the 2-4 km range which have
experienced emission changes that may impact the Red Rock Road
attainment demonstration.
[59 FR 51863, Oct. 13, 1994, as amended at 62 FR 39123, July 22, 1997]
Sec. 52.1220 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Minnesota under section 110 of the Clean
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air
Quality Standards.
(b) Incorporation by reference.
(1) Material listed in paragraphs (c) and (d) of this section with
an EPA approval date prior to December 1, 2004, was approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of the approval, and notice of any
change in the material will be published in the Federal Register.
Entries in paragraphs (c) and (d) of this section with the EPA approval
dates after December 1, 2004, will be incorporated by reference in the
next update to the SIP compilation.
(2) EPA Region 5 certifies that the rules/regulations provided by
the EPA in the SIP compilation at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the officially promulgated state
rules/regulations which have been approved as part of the SIP as of
December 1, 2004.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 5, Air Programs
Branch, 77 West Jackson Boulevard, Chicago, IL 60604; the EPA, Air and
Radiation Docket and Information Center, 1301
[[Page 241]]
Constitution Avenue NW., Room B108, Washington, DC 20460; or the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call (202) 741-6030, or go
to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.
EPA--Approved Minnesota Regulations
----------------------------------------------------------------------------------------------------------------
State
Minnesota citation Title/subject effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
CHAPTER 7000 PROCEDURAL RULES
----------------------------------------------------------------------------------------------------------------
7000.0300............ Duty of candor...... 4/19/2004 11/2/2017, 82 FR 50807........
----------------------------------------------------------------------------------------------------------------
CHAPTER 7001 PERMITS AND CERTIFICATIONS
----------------------------------------------------------------------------------------------------------------
7001.0020............ Scope............... 8/10/1993 5/2/1995, 60 FR 21447......... Only items I and J.
7001.0050............ Written application. 8/10/1993 5/2/1995, 60 FR 21447......... Only item I.
7001.0140............ Final determination. 8/10/1993 5/2/1995, 60 FR 21447......... Only Subp. 2F.
7001.0180............ Justification to 8/10/1993 5/2/1995, 60 FR 21447......... Only item D.
commence revocation
without reissuance
of permit.
7001.0550............ Contents of part a 8/10/1993 5/2/1995, 60 FR 21447......... Only items E and
of application. J(3).
7001.3050............ Permit requirements. 8/10/1993 5/2/1995, 60 FR 21447......... Only Subp. 3E.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7002 PERMIT FEES
----------------------------------------------------------------------------------------------------------------
7002.0005............ Scope............... 8/10/1993 5/2/1995, 60 FR 21447.........
7002.0015............ Definitions......... 8/10/1993 5/2/1995, 60 FR 21447......... Only Subp. 1 and 2.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7005 DEFINITIONS AND ABBREVIATIONS
----------------------------------------------------------------------------------------------------------------
7005.0100............ Definitions......... 11/19/2007 8/10/2011, 76 FR 49303........
7005.0110............ Abbreviations....... 7/1993-6/1994 8/10/2011, 76 FR 49303........ 18 SR 1412.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7007 AIR EMISSION PERMITS
----------------------------------------------------------------------------------------------------------------
7007.0050............ Scope............... 8/10/1993 5/2/1995, 60 FR 21447.........
7007.0100............ Definitions......... 8/10/1993 5/2/1995, 60 FR 21447.........
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. 9a,
12a, 12b, 17, 18a,
and 28.
7007.0150............ Permit required..... 8/10/1993 5/2/1995, 60 FR 21447.........
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. 2 and
4.
7007.0200............ Sources required or 8/10/1993 5/2/1995, 60 FR 21447.........
allowed to obtain a
part 70 permit.
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. 1.
7007.0250............ Sources required to 8/10/1993 5/2/1995, 60 FR 21447.........
obtain a state
permit.
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. 1 and
7.
7007.0300............ Sources not required 8/10/1993 5/2/1995, 60 FR 21447.........
to obtain a permit.
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. 1.
7007.0350............ Existing source 8/10/1993 5/2/1995, 60 FR 21447.........
application
deadlines and
source operation
during transition.
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. 1A.
7007.0400............ Permit reissuance 8/10/1993 5/2/1995, 60 FR 21447.........
applications after 12/27/1994 05/18/99, 64 FR 26880.........
transition; new Revised Subp. 1 and 4.........
source and permit
amendment
applications;
applications for
sources newly
subject to a Part
70 or State permit
requirement.
7007.0450............ Permit reissuance 8/10/1993 5/2/1995, 60 FR 21447.........
applications and 12/27/1994 5/18/1999, 64 FR 26880........
continuation of Revised Subp. 2C..............
expiring permits.
7007.0500............ Content of permit 8/10/1993 5/2/1995, 60 FR 21447.........
application.
7007.0550............ Confidential 8/10/1993 5/2/1995, 60 FR 21447.........
information.
[[Page 242]]
7007.0600............ Complete application 8/10/1993 5/2/1995, 60 FR 21447.........
and supplemental
information
requirements.
7007.0650............ Who receives an 8/10/1993 5/2/1995, 60 FR 21447.........
application.
7007.0700............ Completeness review. 8/10/1993 5/2/1995, 60 FR 21447.........
7007.0750............ Application priority 8/10/1993 5/2/1995, 60 FR 21447.........
and issuance
timelines.
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. 5.
7007.0800............ Permit content...... 8/10/1993 5/2/1995, 60 FR 21447.........
2/28/1995 10/14/1997, 62 FR 53239....... Revised Subp.
6.C(5).
7007.0850............ Permit application 8/10/1993 5/2/1995, 60 FR 21447.........
notice and comment.
7007.0900............ Review of part 70 8/10/1993 5/2/1995, 60 FR 21447.........
permits by affected
states.
7007.0950............ EPA review and 8/10/1993 5/2/1995, 60 FR 21447.........
objection.
7007.1000............ Permit issuance and 8/10/1993 5/2/1995, 60 FR 21447.........
denial.
7007.1050............ Duration of permits. 8/10/1993 5/2/1995, 60 FR 21447.........
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. 3a.
7007.1100............ General permits..... 8/10/1993 5/2/1995, 60 FR 21447.........
7007.1110............ Registration permit 12/27/1994 5/18/1999, 64 FR 26880........
general
requirements.
7007.1115............ Registration permit 12/27/1994 5/18/1999, 64 FR 26880........
option a.
7007.1120............ Registration permit 12/27/1994 5/18/1999, 64 FR 26880........
option b.
7007.1130............ Registration permit 12/27/1994 5/18/1999, 64 FR 26880........
option d.
7007.1150............ When a permit 8/10/1993 5/2/1995, 60 FR 21447.........
amendment is
required.
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. (C).
7007.1200............ Calculating emission 12/27/1994 5/18/1999, 64 FR 26880........
changes for permit
amendments.
7007.1250............ Insignificant 8/10/1993 5/2/1995, 60 FR 21447.........
modifications.
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. 1.
7007.1251............ Hazardous air 12/27/1994 5/18/1999, 64 FR 26880........
pollutant
thresholds.
7007.1300............ Insignificant 8/10/1993 5/2/1995, 60 FR 21447.........
activities list.
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. 2, 3,
and 4.
7007.1350............ Changes which 8/10/1993 5/2/1995, 60 FR 21447.........
contravene certain
permit terms.
7007.1400............ Administrative 8/10/1993 5/2/1995, 60 FR 21447.........
permit amendments.
7007.1450............ Minor and moderate 8/10/1993 5/2/1995, 60 FR 21447.........
permit amendments.
12/27/1994 5/18/1999, 64 FR 26880........ Revised Subp. 2.
7007.1500............ Major permit 8/10/1993 5/2/1995, 60 FR 21447.........
amendments.
7007.1600............ Permit reopening and 8/10/1993 5/2/1995, 60 FR 21447.........
amendment by agency.
7007.1650............ Reopenings for cause 8/10/1993 5/2/1995, 60 FR 21447.........
by EPA.
7007.1700............ Permit revocation by 8/10/1993 5/2/1995, 60 FR 21447.........
agency.
7007.1750............ Federal 8/10/1993 5/2/1995, 60 FR 21447.........
enforceability.
7007.1800............ Permit shield....... 8/10/1993 5/2/1995, 60 FR 21447.........
7007.1850............ Emergency provision. 8/10/1993 5/2/1995, 60 FR 21447.........
7007.3000............ Prevention of 11/26/2007 9/26/2017, 82 FR 44734........
Significant
Deterioration of
Air Quality.
----------------------------------------------------------------------------------------------------------------
Offsets
----------------------------------------------------------------------------------------------------------------
7007.4000............ Scope............... 10/18/1993 5/24/1995, 60 FR 27411........
7007.4010............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411........
7007.4020............ Conditions for 10/18/1993 5/24/1995, 60 FR 27411........
permit.
7007.4030............ Limitation on use of 10/18/1993 5/24/1995, 60 FR 27411........
offsets.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7009 AMBIENT AIR QUALITY STANDARDS
----------------------------------------------------------------------------------------------------------------
7009.0010............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411........
7009.0020............ Prohibited emissions 10/18/1993 5/24/1995, 60 FR 27411........
7009.0050............ Interpretation and 6/1/1999 8/10/2011, 76 FR 49303........
measurement
methodology, except
for hydrogen
sulfide.
7009.0060............ Measurement 7/1994-6/1995 8/10/2011, 76 FR 49303........ 19 SR 550.
methodology for
hydrogen sulfide.
7009.0070............ Time of compliance.. 10/18/1993 5/24/1995, 60 FR 27411. 7.
[[Page 243]]
7009.0080............ State ambient air 6/1/1999 8/10/2011, 76 FR 49303........
quality standards.
----------------------------------------------------------------------------------------------------------------
Air Pollution Episodes
----------------------------------------------------------------------------------------------------------------
7009.1000............ Air pollution 3/18/1996 8/10/2011, 76 FR 49303........
episodes.
7009.1010............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411. ...................
7009.1020............ Episode levels...... 10/18/1993 5/24/1995, 60 FR 27411. ...................
7009.1030............ Episode declaration. 10/18/1993 5/24/1995, 60 FR 27411. ...................
7009.1040............ Control actions..... 1/12/1998 8/10/2011, 76 FR 49303........
7009.1050............ Emergency powers.... 10/18/1993 5/24/1995, 60 FR 27411. ...................
7009.1060............ Table 1............. 10/18/1993 5/24/1995, 60 FR 27411
7009.1070............ Table 2: emission 10/18/1993 5/24/1995, 60 FR 27411. ...................
reduction
objectives for
particulate matter.
7009.1080............ Table 3: emission 10/18/1993 5/24/1995, 60 FR 27411. ...................
objectives for
sulfur oxides.
7009.1090............ Table 4: emission 10/18/1993 5/24/1995, 60 FR 27411. ...................
reduction
objectives for
nitrogen oxides.
7009.1100............ Table 5: emission 10/18/1993 5/24/1995, 60 FR 27411. ...................
reduction
objectives for
hydrocarbons.
7009.1110............ Table 6: emission 10/18/1993 5/24/1995, 60 FR 27411. ...................
reduction
objectives for
carbon monoxide.
----------------------------------------------------------------------------------------------------------------
Adoption of Federal Regulations
----------------------------------------------------------------------------------------------------------------
7009.9000............ Determining 11/20/1995 4/23/1997, 62 FR 19674.
conformity of
general Federal
actions to state or
Federal
implementation
plans.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7011 STANDARDS FOR STATIONARY SOURCES
----------------------------------------------------------------------------------------------------------------
7011.0010............ Applicability of 6/1/1999 8/10/2011, 76 FR 49303........
standards of
performance.
7011.0020............ Circumvention....... 10/18/1993 5/24/1995, 60 FR 27411.
----------------------------------------------------------------------------------------------------------------
Control Equipment
----------------------------------------------------------------------------------------------------------------
7011.0060............ Definitions......... 11/19/2007 8/10/2011, 76 FR 49303........
7011.0061............ Incorporation by 11/19/2007 8/10/2011, 76 FR 49303........
reference.
7011.0065............ Applicability....... 11/19/2007 8/10/2011, 76 FR 49303........
7011.0070............ Listed control 11/19/2007 8/10/2011, 76 FR 49303........
equipment and
control equipment
efficiencies.
7011.0072............ Requirements for 11/19/2007 8/10/2011, 76 FR 49303........
certified hoods.
7011.0075............ Listed control 11/19/2007 8/10/2011, 76 FR 49303........
equipment general
requirements.
7011.0080............ Monitoring and 11/19/2007 8/10/2011, 76 FR 49303........
record keeping for
listed control
equipment.
----------------------------------------------------------------------------------------------------------------
Emission Standards for Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
7011.0100............ Scope............... 10/18/1993 5/24/1995, 60 FR 27411.
7011.0105............ Visible emission 7/13/1998 8/10/2011, 76 FR 49303........
restrictions for
existing facilities.
7011.0110............ Visible emission 1/12/1998 8/10/2011, 76 FR 49303........
restrictions for
new facilities.
7011.0115............ Performance tests... 7/1993-6/1994 8/10/2011, 76 FR 49303........ 18 SR 1412.
----------------------------------------------------------------------------------------------------------------
Control of Fugitive Pariculate Matter
----------------------------------------------------------------------------------------------------------------
7011.0150............ Preventing 3/18/1996 8/10/2011, 76 FR 49303........
particulate matter
from becoming
airborne.
----------------------------------------------------------------------------------------------------------------
Indirect Heating Fossil-Fuel-Burning Equipment
----------------------------------------------------------------------------------------------------------------
7011.0500............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411.
7011.0505............ Determination of 10/18/1993 5/24/1995, 60 FR 27411.
applicable
standards of
performance.
7011.0510............ Standards of 7/13/1998 8/10/2011, 76 FR 49303........
performance for
existing indirect
heating equipment.
7011.0515............ Standards of 7/13/1998 8/10/2011, 76 FR 49303........
performance for new
indirect heating
equipment.
[[Page 244]]
7011.0520............ Allowance for stack 10/18/1993 5/24/1995, 60 FR 27411.
height for indirect
heating equipment.
7011.0525............ High heating value.. 10/18/1993 5/24/1995, 60 FR 27411.
7011.0530............ Performance test 10/18/1993 5/24/1995, 60 FR 27411........
methods.
7011.0535............ Performance test 1/12/1998 8/10/2011, 76 FR 49303........
procedures.
7011.0540............ Derate.............. 10/18/1993 5/24/1995, 60 FR 27411.
7011.0545............ Table I: existing 10/18/1993 5/24/1995, 60 FR 27411.
indirect heating
equipment.
7011.0550............ Table II: new 10/18/1993 5/24/1995, 60 FR 27411.
indirect heating
equipment.
7011.0551............ Record keeping and 5/11/1998 8/10/2011, 76 FR 49303........
reporting for
indirect heating
units combusting
solid waste.
7011.0553............ Nitrogen oxides 7/1994-6/1995 8/10/2011, 76 FR 49303........ 19 SR 1666.
emission reduction
requirements for
affected sources.
----------------------------------------------------------------------------------------------------------------
Direct Heating Fossil-Fuel-Burning Equipment
----------------------------------------------------------------------------------------------------------------
7011.0600............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411.
7011.0605............ Determination of 10/18/1993 5/24/1995, 60 FR 27411.
applicable
standards of
performance.
7011.0610............ Standards of 7/13/1998 8/10/2011, 76 FR 49303........
performance for
fossil-fuel-burning
direct heating
equipment.
7011.0615............ Performance test 10/18/1993 5/24/1995, 60 FR 27411.
methods.
7011.0620............ Performance test 1/12/1998 8/10/2011, 76 FR 49303........
procedures.
7011.0625............ Record keeping and 5/11/1998 8/10/2011, 76 FR 49303........
reporting for
direct heating
units combusting
solid waste.
----------------------------------------------------------------------------------------------------------------
Industrial Process Equipment
----------------------------------------------------------------------------------------------------------------
7011.0700............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411........
7011.0705............ Scope............... 10/18/1993 5/24/1995, 60 FR 27411.
7011.0710............ Standards of 7/13/1998 8/10/2011, 76 FR 49303........
performance for pre-
1969 industrial
process equipment.
7011.0715............ Standards of 10/18/1993 5/24/1995, 60 FR 27411.
performance for
post-1969
industrial process
equipment.
7011.0720............ Performance test 10/18/1993 5/24/1995, 60 FR 27411.
methods.
7011.0725............ Performance test 7/1993-6/1994 8/10/2011, 76 FR 49303........ 18 SR 1412.
procedures.
7011.0730............ Table 1............. 11/19/2007 8/10/2011, 76 FR 49303........
7011.0735............ Table 2............. 10/18/1993 5/24/1995, 60 FR 27411........
----------------------------------------------------------------------------------------------------------------
Concrete Manufacturing Plant Standards Of Performance
----------------------------------------------------------------------------------------------------------------
7011.0850............ Definitions......... 4/21/2003 8/10/2011, 76 FR 49303........
7011.0852............ Standards of 11/23/1998 8/10/2011, 76 FR 49303........
performance for
concrete
manufacturing
plants.
7011.0854............ Concrete 11/23/1998 8/10/2011, 76 FR 49303........
manufacturing plant
control equipment
requirements.
7011.0857............ Preventing 11/23/1998 8/10/2011, 76 FR 49303........
particulate matter
from becoming
airborne.
7011.0858............ Noise............... 11/23/1998 8/10/2011, 76 FR 49303........
7011.0859............ Shutdown and 11/23/1998 8/10/2011, 76 FR 49303........
breakdown
procedures.
7011.0865............ Incorporations by 4/21/2003 8/10/2011, 76 FR 49303........
reference.
7011.0870............ Stage-one vapor 4/21/2003 8/10/2011, 76 FR 49303........
recovery.
----------------------------------------------------------------------------------------------------------------
Hot Mix Asphalt Plants
----------------------------------------------------------------------------------------------------------------
7011.0900............ Definitions......... 6/1/1999 8/10/2011, 76 FR 49303........
7011.0903............ Compliance with 4/15/1996 8/10/2011, 76 FR 49303........
ambient air quality
standards.
7011.0905............ Standards of 4/15/1996 8/10/2011, 76 FR 49303........
performance for
existing asphalt
concrete plants.
7011.0911............ Maintenance of dryer 4/15/1996 8/10/2011, 76 FR 49303........
burner.
7011.0913............ Hot mix asphalt 5/24/2004 8/10/2011, 76 FR 49303........
plant materials,
fuels, and
additives operating
requirements.
[[Page 245]]
7011.0917............ Asphalt plant 11/29/2004 8/10/2011, 76 FR 49303........
control equipment
requirements.
7011.0920............ Performance tests... 4/15/1996 8/10/2011, 76 FR 49303........
7011.0922............ Operational 4/15/1996 8/10/2011, 76 FR 49303........
requirements and
limitations from
performance tests.
----------------------------------------------------------------------------------------------------------------
Bulk Agricultural Commodity Facilities
----------------------------------------------------------------------------------------------------------------
7011.1000............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411.
7011.1005............ Standards of 11/19/2007 8/10/2011, 76 FR 49303........
performance for dry
bulk agricultural
commodity
facilities.
7011.1010............ Nuisance............ 10/18/1993 5/24/1995, 60 FR 27411.
7011.1015............ Control requirements 10/18/1993 5/24/1995, 60 FR 27411.
schedule.
----------------------------------------------------------------------------------------------------------------
Coal Handling Facilities
----------------------------------------------------------------------------------------------------------------
7011.1100............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411.
7011.1105............ Standards of 1/12/1998 8/10/2011, 76 FR 49303........
performance for
certain coal
handling facilities.
7011.1110............ Standards of 1/12/1998 8/10/2011, 76 FR 49303........
performance for
existing outstate
coal handling
facilities.
7011.1115............ Standards of 10/18/1993 5/24/1995, 60 FR 27411.
performance for
pneumatic coal-
cleaning equipment
and thermal dryers
at any coal
handling facility.
7011.1120............ Exemption........... 10/18/1993 5/24/1995, 60 FR 27411.
7011.1125............ Cessation of 10/18/1993 5/24/1995, 60 FR 27411.
operations.
7011.1135............ Performance test 7/1993-6/1994 8/10/2011, 76 FR 49303........ 18 SR 1412.
procedures.
7011.1140............ Dust suppressant 10/18/1993 5/24/1995, 60 FR 27411.
agents.
----------------------------------------------------------------------------------------------------------------
Waste Combustors
----------------------------------------------------------------------------------------------------------------
7011.1201............ Definitions......... 5/11/1998 8/10/2011, 76 FR 49303........
7011.1205............ Incorporations by 5/11/1998 8/10/2011, 76 FR 49303........
reference.
----------------------------------------------------------------------------------------------------------------
Incinerators
----------------------------------------------------------------------------------------------------------------
7011.1300............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411.
7011.1305............ Standards of 7/13/1998 8/10/2011, 76 FR 49303........
performance for
existing sewage
sludge incinerators.
7011.1310............ Standards of 1/12/1998 8/10/2011, 76 FR 49303........
performance for new
sewage sludge
incinerators.
7011.1315............ Monitoring of 10/18/1993 5/24/1995, 60 FR 27411.
operations.
7011.1320............ Performance test 10/18/1993 5/24/1995, 60 FR 27411.
methods.
7011.1325............ Performance test 7/1993-6/1994 8/10/2011, 76 FR 49303........ 18 SR 1412.
procedures.
----------------------------------------------------------------------------------------------------------------
Petroleum Refineries
----------------------------------------------------------------------------------------------------------------
7011.1400............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411.
7011.1405............ Standards of 7/13/1998 8/10/2011, 76 FR 49303........
performance for
existing affected
facilities at
petroleum
refineries.
7011.1410............ Standards of 7/13/1998 8/10/2011, 76 FR 49303........
performance for new
affected facilities
at petroleum
refineries.
7011.1415............ Exemptions.......... 1/12/1998 8/10/2011, 76 FR 49303........
7011.1420............ Emission monitoring. 3/1/1999 8/10/2011, 76 FR 49303........
7011.1425............ Performance test 10/18/1993 5/24/1995, 60 FR 27411.
methods.
7011.1430............ Performance test 7/1993-6/1994 8/10/2011, 76 FR 49303........ 18 SR 1412.
procedures.
----------------------------------------------------------------------------------------------------------------
Liquid Petroleum And Volatile Organic Liquid Storage Vessels
----------------------------------------------------------------------------------------------------------------
7011.1500............ Definitions......... 6/1/1999
7011.1505............ Standards of 10/18/1993 5/24/1995, 60 FR 27411.
performance for
storage vessels.
7011.1510............ Monitoring of 10/18/1993 5/24/1995, 60 FR 27411.
operations.
7011.1515............ Exception........... 10/18/1993 5/24/1995, 60 FR 27411.
----------------------------------------------------------------------------------------------------------------
[[Page 246]]
Sulfuric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1600............ Definitions......... 1/12/1998
7011.1605............ Standards of 10/18/1993 5/24/1995, 60 FR 27411.
performance of
existing sulfuric
acid production
units.
7011.1615............ Continuous emission 3/1/1999 8/10/2011, 76 FR 49303........
monitoring.
7011.1620............ Performance test 10/18/1993 5/24/1995, 60 FR 27411.
methods.
7011.1625............ Performance test *1 8/10/2011, 76 FR 49303........
procedures.
7011.1630............ Exceptions.......... 7/1993-6/1994 8/10/2011, 76 FR 49303........ 18 SR 1412.
----------------------------------------------------------------------------------------------------------------
Nitric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1700............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411.
7011.1705............ Standards of 1/12/1998 8/10/2011, 76 FR 49303........
performance for
existing nitric
acid production
units.
7011.1715............ Emission monitoring. 3/1/1999 8/10/2011, 76 FR 49303........
7011.1720............ Performance test 10/18/1993 5/24/1995, 60 FR 27411.
methods.
7011.1725............ Performance test 7/1993-6/1994 8/10/2011, 76 FR 49303........ 18 SR 1412.
procedures.
----------------------------------------------------------------------------------------------------------------
Emission Standards For Inorganic Fibrous Materials
----------------------------------------------------------------------------------------------------------------
7011.2100............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411.
7011.2105............ Spraying of 10/18/1993 5/24/1995, 60 FR 27411.
inorganic fibrous
materials.
----------------------------------------------------------------------------------------------------------------
Stationary Internal Combustion Engines
----------------------------------------------------------------------------------------------------------------
7011.2300............ Standards of 2/21/1995 8/10/2011, 76 FR 49303........
performance for
stationary internal
combustion engines.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7017 MONITORING AND TESTING REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7017.0100............ Establishing 2/28/1995 10/14/1997, 62 FR 53239.
violations.
----------------------------------------------------------------------------------------------------------------
Compliance Assurance Monitoring
----------------------------------------------------------------------------------------------------------------
7017.0200............ Incorporation by 5/24/2004 8/10/2011, 76 FR 49303........
reference.
----------------------------------------------------------------------------------------------------------------
Continuous Monitoring Systems
----------------------------------------------------------------------------------------------------------------
7017.1002............ Definitions......... 3/1/1999 8/10/2011, 76 FR 49303........
7017.1004............ Applicability....... 3/1/1999 8/10/2011, 76 FR 49303........
7017.1006............ Requirement to 3/1/1999 8/10/2011, 76 FR 49303........
install monitor.
7017.1010............ Incorporation of 3/1/1999 8/10/2011, 76 FR 49303........
Federal monitoring
requirements by
reference.
7017.1020............ Continuous emission 7/1994-6/1995 8/10/2011, 76 FR 49303........ 19 SR 1666.
monitoring by
affected sources.
7017.1030............ Agency access to 3/1/1999 8/10/2011, 76 FR 49303........
witness or conduct
tests.
7017.1035............ Testing required.... 3/1/1999 8/10/2011, 76 FR 49303........
7017.1040............ Installation 3/1/1999 8/10/2011, 76 FR 49303........
requirements.
7017.1050............ Monitor 3/1/1999 8/10/2011, 76 FR 49303........
certification and
recertification
test.
7017.1060............ Precertification 3/1/1999 8/10/2011, 76 FR 49303........
test requirements.
7017.1070............ Certification test 3/1/1999 8/10/2011, 76 FR 49303........
procedures.
7017.1080............ Certification test 3/1/1999 8/10/2011, 76 FR 49303........
report requirements.
7017.1090............ Monitor operational 3/1/1999 8/10/2011, 76 FR 49303........
requirements.
7017.1100............ Evidence of 3/1/1999 8/10/2011, 76 FR 49303........
noncompliance.
7017.1110............ Excess emissions 3/1/1999 8/10/2011, 76 FR 49303........
reports.
7017.1120............ Submittals.......... 3/1/1999 8/10/2011, 76 FR 49303........
7017.1130............ Record keeping...... 3/1/1999 8/10/2011, 76 FR 49303........
7017.1135............ Applicability....... 3/1/1999 8/10/2011, 76 FR 49303........
7017.1140............ CEMS design 3/1/1999 8/10/2011, 76 FR 49303........
requirements.
7017.1150............ CEMS testing company 3/1/1999 8/10/2011, 76 FR 49303........
requirement.
7017.1160............ CEMS monitoring data 3/1/1999 8/10/2011, 76 FR 49303........
[[Page 247]]
7017.1170............ Quality assurance 3/1/1999 8/10/2011, 76 FR 49303........
and control
requirements for
CEMS.
7017.1180............ Quality control 3/1/1999 8/10/2011, 76 FR 49303........
reporting and
notification
requirements for
CEMS.
7017.1185............ Applicability....... 3/1/1999 8/10/2011, 76 FR 49303........
7017.1190............ COMS design 3/1/1999 8/10/2011, 76 FR 49303........
requirements.
7017.1200............ COMS monitoring data 3/1/1999 8/10/2011, 76 FR 49303........
7017.1210............ Quality assurance 3/1/1999 8/10/2011, 76 FR 49303........
and control
requirements for
COMS.
7017.1220............ Quality assurance 3/1/1999 8/10/2011, 76 FR 49303........
and control
reporting
requirements for
COMS.
----------------------------------------------------------------------------------------------------------------
Performance Tests
----------------------------------------------------------------------------------------------------------------
7017.2001............ Applicability....... 7/13/1998 8/10/2011, 76 FR 49303........
7017.2005............ Definitions......... 11/19/2007 8/10/2011, 76 FR 49303........
7017.2010............ Incorporation of 7/13/1998 8/10/2011, 76 FR 49303........
test methods by
reference.
7017.2015............ Incorporation of 7/13/1998 8/10/2011, 76 FR 49303........
Federal testing
requirements by
reference.
7017.2018............ Submittals.......... 5/24/2004 8/10/2011, 76 FR 49303........
7017.2020............ Performance tests 11/19/2007 8/10/2011, 76 FR 49303........
general
requirements.
7017.2025............ Operational 3/1/1999 8/10/2011, 76 FR 49303........
requirements and
limitations.
7017.2030............ Performance test 3/1/1999 8/10/2011, 76 FR 49303........
pretest
requirements.
7017.2035............ Performance test 7/13/1998 8/10/2011, 76 FR 49303........
reporting
requirements.
7017.2040............ Certification of 7/13/1998 5/13/2002, 67 FR 31963........
performance test
results.
7017.2045............ Quality assurance 7/13/1998 8/10/2011, 76 FR 49303........
requirements.
7017.2050............ Performance test 7/13/1998 8/10/2011, 76 FR 49303........
methods.
7017.2060............ Performance test 7/13/1998 8/10/2011, 76 FR 49303........
procedures.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7019 EMISSION INVENTORY REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7019.1000............ Shutdowns and 6/1/1999 8/10/2011, 76 FR 49303........
breakdowns.
7019.3000............ Emission inventory.. 11/19/2007 8/10/2011, 76 FR 49303........
7019.3020............ Calculation of 11/19/2007 8/10/2011, 76 FR 49303........
actual emissions
for emission
inventory.
7019.3030............ Method of 11/19/2007 8/10/2011, 76 FR 49303........
calculation.
7019.3040............ Continuous emission 3/1/1999 8/10/2011, 76 FR 49303........
monitor (CEM) data.
7019.3050............ Performance test 11/19/2007 8/10/2011, 76 FR 49303........
data.
7019.3060............ Volatile organic 1997 8/10/2011, 76 FR 49303........ 21 SR 165.
compound (VOC)
material balance.
7019.3070............ So material balance. 1997 8/10/2011, 76 FR 49303........ 21 SR 165.
7019.3080............ Emission factors.... 11/19/2007 8/10/2011, 76 FR 49303........
7019.3090............ Enforceable 1997 8/10/2011, 76 FR 49303........ 21 SR 165.
limitations.
7019.3100............ Facility proposal... 1997 8/10/2011, 76 FR 49303........ 21 SR 165.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7023 MOBILE AND INDIRECT SOURCES
----------------------------------------------------------------------------------------------------------------
7023.0100............ Definitions......... 10/18/1993 5/24/1995, 60 FR 27411........
7023.0105............ Standards of 10/18/1993 5/24/1995, 60 FR 27411........
performance for
motor vehicles.
7023.0110............ Standards of 10/18/1993 5/24/1995, 60 FR 27411........
performance for
trains, boats, and
construction
equipment.
7023.0115............ Exemption........... 10/18/1993 5/24/1995, 60 FR 27411........
7023.0120............ Air pollution 10/18/1993 5/24/1995, 60 FR 27411........
control systems
restrictions.
7023.1010............ Definitions......... 1/8/1994 10/29/1999, 64 FR 58344....... Entire rule except
for Subp. 35(B)
7023.1015............ Inspection 1/8/1994 10/29/1999, 64 FR 58344.......
Requirement.
7023.1020............ Description of 1/8/1994 10/29/1999, 64 FR 58344.......
Inspection and
Documents Required.
7023.1025............ Tampering Inspection 1/8/1994 10/29/1999, 64 FR 58344.......
7023.1030............ Exhaust Emission 1/8/1994 10/29/1999, 64 FR 58344....... Entire rule except
Test. for Subp. 11(B, C)
7023.1035............ Reinspections....... 1/8/1994 10/29/1999, 64 FR 58344.......
[[Page 248]]
7023.1040............ Vehicle Inspection 1/8/1994 10/29/1999, 64 FR 58344.......
Report.
7023.1045............ Certificate of 1/8/1994 10/29/1999, 64 FR 58344.......
Compliance.
7023.1050............ Vehicle 1/8/1994 10/29/1999, 64 FR 58344.......
Noncompliance and
Repair.
7023.1055............ Certificate of 1/8/1994 10/29/1999, 64 FR 58344....... Entire rule except
Waiver. for Subp. 1
(E)(2).
7023.1060............ Emission Control 1/8/1994 10/29/1999, 64 FR 58344.......
Equipment
Inspection as a
Condition of Waiver.
7023.1065............ Repair Cost Limit 1/8/1994 10/29/1999, 64 FR 58344.......
and Low Emission
Adjustment.
7023.1070............ Certificate of 1/8/1994 10/29/1999, 64 FR 58344.......
Temporary
Extension,
Certificate of
Annual Exemption,
and Certificate of
Exemption.
7023.1075............ Evidence of Meeting 1/8/1994 10/29/1999, 64 FR 58344.......
State Inspection
Requirements.
7023.1080............ Fleet Inspection 1/8/1994 10/29/1999, 64 FR 58344.......
Station Permits,
Procedures, and
Inspection.
7023.1085............ Inspection Stations 1/8/1994 10/29/1999, 64 FR 58344.......
Testing Fleet
Vehicles.
7023.1090............ Exhaust Gas Analyzer 1/8/1994 10/29/1999, 64 FR 58344.......
Specifications;
Calibration and
Qality Control.
7023.1095............ [repealed, 18 sr 1/8/1994 10/29/1999, 64 FR 58344.......
1593].
7023.1100............ Public Notification. 1/8/1994 10/29/1999, 64 FR 58344.......
7023.1105............ Inspection Fees..... 1/8/1994 10/29/1999, 64 FR 58344.......
----------------------------------------------------------------------------------------------------------------
Minnesota Statutes
----------------------------------------------------------------------------------------------------------------
10A.07............... Conflicts of 5/25/2013 11/2/2017, 82 FR 50807........
interest.
10A.09............... Statements of 5/23/2015 11/2/2017, 82 FR 50807........
economic interest.
17.135............... Farm Disposal of 1993 5/24/1995, 60 FR 27411........ Only item (a).
Solid Waste.
88.01................ Definitions......... 1993 5/24/1995, 60 FR 27411........ Only Subd. 1, 2, 3,
4, 6, 14, 20, 23,
24, 25, and 26.
88.02................ Citation, Wildfire 1993 5/24/1995, 60 FR 27411........
Act.
88.03................ Codification........ 1993 5/24/1995, 60 FR 27411........
88.16................ Starting Fires; 1993 5/24/1995, 60 FR 27411........ Only Subd. 1 and 2
Burners; Failure to
Report a Fire.
88.17................ Permission to Start 1993 5/24/1995, 60 FR 27411........
Fires; Prosecution
for Unlawfully
Starting Fires.
88.171............... Open Burning 1993 5/24/1995, 60 FR 27411........ Only Subd. 1, 2, 5,
Prohibitions. 6, 7, 8, 9, and 10
----------------------------------------------------------------------------------------------------------------
Twin Cities Nonattainment Area for Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
116.60............... .................... 1999 10/29/1999, 64 FR 58344....... Only Subd. 12.
116.61............... .................... 1999 10/29/1999, 64 FR 58344....... Only Subd. 1 and 3.
116.62............... .................... 1999 10/29/1999, 64 FR 58344....... Only Subd. 2, 3, 5,
and 10.
116.63............... .................... 1999 10/29/1999, 64 FR 58344....... Only Subd. 4.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved state source-specific requirements.
EPA--Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Aggregate Industries......... 12300007-002 4/3/2009 3/11/2010, 75 FR 11461......... Only conditions
cited as
``Title I
condition: SIP
for PM10
NAAQS.''
BAE Technology Center........ 00300245-003 1/20/2016 6/9/2016, 81 FR 37164.......... Only conditions
cited as
``[Title I
Condition: 40
CFR 50.4(SO2
SIP), Title I
Condition: 40
CFR 51, Title
I Condition:
40 CFR pt. 52,
subp. Y]''.
[[Page 249]]
Commercial Asphalt CO, Plant 12300347-002 9/10/1999 7/12/2000, 65 FR 42861......... Title I
905. conditions
only.
2/25/1994 9/9/1994, 59 FR 46553.......... Amendment One
to Findings
and Order.
Federal Cartridge Company.... 00300156-003 12/28/2007 4/24/2009, 74 FR 18634......... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Flint Hills Resources Pine 03700011-101 1/13/2017 7/18/2018, 83 FR 33846......... Only conditions
Bend, LLC.. cited as
``Title I
Condition: 40
CFR Section
50.4(SO2 SIP);
Title I
Condition: 40
CFR 51; Title
I Condition:
40 CFR pt. 52,
subp. Y''.
GAF Building Materials....... ............... 5/27/1992 4/14/1994, 59 FR 17703......... Findings and
Order.
9/18/1997 2/8/1999, 64 FR 5936........... Amendment Two
to Findings
and Order.
Gerdau Ameristeel US, Inc.... 12300055-004 9/10/2008 5/20/2009, 74 FR 23632......... Only conditions
cited as
``Title I
condition: SIP
for PM10
NAAQS.''
Gopher Resource, LLC......... 03700016-003 6/29/2010 1/13/2011, 76 FR 2263.......... Only conditions
cited as
``Title I
condition: SIP
for Lead
NAAQS.''
Great Lakes Coal & Dock Co... 8/25/1992 2/15/1994, 59 FR 7218.......... Amended
Findings and
Order.
12/21/1994 6/13/1995, 60 FR 31088......... Amendment One
to Amended
Findings and
Order.
Harvest States Cooperatives.. 1/26/1993 2/15/1994, 59 FR 7218.......... Findings and
Order.
12/21/1994 6/13/1995, 60 FR 31088......... Amendment One
to Findings
and Order.
Hoffman Enclosures........... 00300155-001 1/31/2008 4/24/2009, 74 FR 18634......... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Lafarge North America 12300391-002 11/17/2007 9/11/2007, 72 FR 51713......... Only conditions
Corporation, Childs Road cited as
Terminal. ``Title I
condition: SIP
for PM-10
NAAQS.''
Lafarge Corp., Red Rock 12300353-002 5/7/2002 8/19/2004, 68 FR 51371......... Title I
Terminal. conditions
only.
Metropolitan Council 12300053-006 2/25/2010 12/16/2010, 75 FR 78602........ Only conditions
Environmental Services cited as
Metropolitan Wastewater ``Title I
Treatment Plant. condition: SIP
for PM10
NAAQS.''
Minneapolis Energy Center Inc 5/27/1992 4/14/1994, 59 FR 17706......... Findings and
Order for Main
Plant, Baker
Boiler Plant,
and the Soo
Line Boiler
Plant.
12/21/1994 6/13/1995, 60 FR 31088......... Amendment One
to Third
Amended
Findings and
Order.
9/23/1997 2/8/1999, 64 FR 5936........... Amendment Two
to Third
Amended
Findings and
Order.
Northern States Power Co., 05300015-001 5/11/1999 2/26/2002, 67 FR 8727.......... Title I
Riverside Plant. conditions
only.
Rochester Public Utilities, 10900011-005 11/25/2015 3/10/2017, 82 FR 13230......... Only conditions
Silver Lake Plant. cited as
``Title I
Condition: 40
CFR Section
50.4, SO2 SIP;
Title I
Condition: 40
CFR pt. 52,
subp. Y'' and
``Title I
Condition: 40
CFR Section
50.6, PM10
SIP; Title I
Condition: 40
CFR pt. 52,
subp. Y''.
Saint Paul Park Refining Co., 16300003-021 11/25/2015 4/7/2017, 82 FR 16923.......... Only conditions
LLC. cited as
``Title I
Condition: 40
CFR 50.4 (SO2
SIP), Title I
Condition: 40
CFR pt. 52,
subp. Y''
St. Paul Terminals........... 2/2/1996 7/22/1997, 62 FR 39120......... Findings and
Order.
[[Page 250]]
Xcel Energy-Inver Hills 03700015-004 7/16/2014 1/28/2016, 81 FR 4886.......... Only conditions
Generating Plant. cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Xcel Energy--Northern States Administrative 5/2/2012 6/12/2012, 77 FR 34801......... See Final Rule
Power Company, Sherburne Order for details.
County Generating Station.
----------------------------------------------------------------------------------------------------------------
(e) EPA approved nonregulatory provisions.
EPA--Approved Minnesota Nonregulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic State submittal date/ effective
Name of nonregulatory SIP provision or nonattainment area date EPA approved date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air Quality Surveillance Plan....... Statewide............. 5/8/1980, 6/2/1980.............. 3/4/1981, 46 FR 15138...........
Carbon Monoxide 1993 periodic Anoka, Carver, Dakota, 9/28/1995....................... 10/23/1997, 62 FR 55170.........
Emission Inventory. Hennepin, Ramsey,
Scott, Washington,
and Wright Counties.
Deletion of TSP Designations........ Statewide............. 7/10/2002, 67 FR 45637..........
Duluth Carbon Monoxide Redesignation St. Louis County 10/30/1992...................... 4/14/1994, 59 FR 17708..........
and Maintenance Plan. (part).
Duluth Carbon Monoxide St. Louis County...... 7/3/1979 and 7/27/1979.......... 6/16/1980, 45 FR 40579..........
Transportation Control Plan.
10/30/1992...................... 4/14/1994, 59 FR 17706.......... Removal of
transportation
control measure.
Lead Maintenance Plan............... Dakota County......... 6/22/1993....................... 10/18/1994, 59 FR 52431......... Corrected codification
information on 5/31/
1995 at 60 FR 28339.
Lead Monitoring Plan................ Statewide............. 4/26/1983, 2/15/1984, and 2/21/ 7/5/1984, 49 FR 27502........... Entire Lead Plan
1984. except for the New
Source Review
portion.
Oxygenated Fuels Program--Carbon Anoka, Carver, Dakota, 4/29/1992....................... 2/21/1996, 61 FR6547............ Laws of Minnesota for
Monoxide Contingency Measure. Hennepin, Ramsey, 1992 Chapter 575,
Scott, Washington, section 29(b).
and Wright Counties.
Regional Haze Plan.................. statewide............. 12/30/2009 and 5/8/2012......... 6/12/2012, 77 FR 34801.......... Includes all regional
haze plan elements
except BART emission
limitations for the
taconite facilities.
Regional Haze Progress Report....... statewide............. 12/30/2014...................... 6/28/2018, 83 FR 30350..........
Rochester Carbon Monoxide Olmstead County....... 7/3/1979 and 7/27/1979.......... 6/16/1980, 45 FR 40579..........
Transportation Control Plan.
Rochester PM-10 Redesignation and Olmstead County....... 9/7/1994........................ 5/31/1995, 60 FR 28339..........
Maintenance Plan.
Rochester Sulfur Dioxide Olmstead County....... 11/4/1998....................... 3/9/2001, 66 FR 14087...........
Redesignation and Maintenance Plan.
[[Page 251]]
Small Business Stationary Source Statewide............. 4/29/1992....................... 3/16/1994, 59 FR 12165.......... MN Laws Ch 546
Technical and Environmental sections 5 through 9.
Compliance Assistance Plan.
St. Cloud Carbon Monoxide Benton, Sherbourne, 8/31/1989....................... 6/28/1993, 58 FR 34532..........
Redesignation. and Stearns Counties.
St. Cloud Carbon Monoxide Benton, Sherbourne, 5/17/1979....................... 12/13/1979, 44 FR 72116.........
Transportation Control Plan. and Stearns Counties.
8/31/1989....................... 6/28/1993, 58 FR 34529..........
St. Paul PM-10 Redesignation and Ramsey County......... 6/20/2002....................... 7/26/2002, 67 FR 48787..........
Maintenance Plan.
Twin Cities Carbon Monoxide Anoka, Carver, Dakota, 3/23/1998....................... 10/29/1999, 64 FR 58347.........
Redesignation and Maintenance Plan. Hennepin, Ramsey,
Scott, Washington,
and Wright Counties.
Twin Cities Carbon Monoxide Anoka, Carver, Dakota, 7/3/1979 and 7/27/1979.......... 6/16/1980, 45 FR 40579..........
Transportation Control Plan. Hennepin, Ramsey, 7/21/1981....................... 12/8/1981, 46 FR 59972..........
Scott, and Washington 5/20/1985 and 4/17/1986......... 12/31/1986, 51 FR 47237.........
Counties.
Twin Cities / Pine Bend Sulfur Anoka, Carver, Dakota, 9/7/1994........................ 5/31/1995, 60 FR 28339.......... Except for St. Paul
Dioxide Redesignation and Hennepin, Ramsey, and ................................ ................................ Park area.
Maintenance Plan. Washington Counties. 10/3/1995....................... 5/13/1997, 62 FR 26230.......... St. Paul Park area.
Alternative Public Participation Statewide............. 12/7/2005....................... 7/5/2006, 71 FR 32274...........
Process.
Lead Maintenance Plan............... Dakota County......... 11/18/2002 and 11/19/2007....... 8/4/2008, 73 FR 31614........... Maintenance plan
update.
Section 110(a)(2) Infrastructure Statewide............. 10/23/2007, 11/29/2007, 5/26/ 7/31/2018, 83 FR 36748.......... Fully approved for all
Requirements for the 1997 8-Hour 2016 and 10/4/2016. CAA elements.
Ozone NAAQS.
Section 110(a)(2) Infrastructure Statewide............. 10/23/2007, 11/29/2007, 5/26/ 7/31/2018, 83 FR 36748.......... Fully approved for all
Requirements for the 1997 PM2.5 2016 and 10/4/2016. CAA elements.
NAAQS.
Section 110(a)(2) Infrastructure Statewide............. 5/23/2011, 5/26/2016 and 10/4/ 7/31/2018, 83 FR 36748.......... Fully approved for all
Requirements for the 2006 24-Hour 2016. CAA elements except
PM2.5 NAAQS. (D)(i)(I), which has
been remedied with a
FIP, and the
visibility protection
requirements of
(D)(i)(II).
Section 110(a)(2) Infrastructure Statewide............. 6/19/2012, 5/26/2016 and 10/4/ 7/31/2018, 83 FR 36748.......... Fully approved for all
Requirements for the 2008 lead (Pb) 2016. CAA elements.
NAAQS.
Section 110(a)(2) Infrastructure Statewide............. 6/12/2014, 5/26/2016 and 10/4/ 7/31/2018, 83 FR 36748.......... Fully approved for all
Requirements for the 2008 ozone 2016. CAA elements except
NAAQS. the visibility
protection
requirements of
(D)(i)(II).
[[Page 252]]
Section 110(a)(2) Infrastructure Statewide............. 6/12/2014, 5/26/2016 and 10/4/ 7/31/2018, 83 FR 36748.......... Fully approved for all
Requirements for the 2010 nitrogen 2016. CAA elements except
dioxide (NO2) NAAQS. the visibility
protection
requirements of
(D)(i)(II).
Section 110(a)(2) Infrastructure Statewide............. 6/12/2014, 5/26/2016 and 10/4/ 7/31/2018, 83 FR 36748.......... Fully approved for all
Requirements for the 2010 sulfur 2016. CAA elements except
dioxide (SO2) NAAQS. (D)(i)(I) and the
visibility protection
requirements of
(D)(i)(II).
Section 110(a)(2) Infrastructure Statewide............. 6/12/2014, 5/26/2016 and 1/23/ 10/10/2018, 83 FR 50849......... Fully approved for all
Requirements for the 2012 fine 2017. CAA elements except
particulate matter (PM2.5) NAAQS. the visibility
protection
requirements of
(D)(i)(II).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[70 FR 8932, Feb. 24, 2005]
Editorial Note: For Federal Register citations affecting Sec.
52.1220, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1221 Classification of regions.
The Minnesota plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Central Minnesota Intrastate......................... II III III III III
Southeast Minnesota-La Crosse (Wisconsin) Interstate. II Ia III III III
Duluth (Minnesota)-Superior (Wisconsin) Interstate... I II III III III
Metropolitan Fargo-Moorhead Interstate............... II III III III III
Minneapolis-St. Paul Intrastate...................... I I III I III
Northwest Minnesota Intrastate....................... II III III III III
Southwest Minnesota Intrastate....................... III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10874, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]
Sec. 52.1222 Original Identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Minnesota'' and all revisions submitted by Minnesota
that were federally approved prior to December 1, 2004.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) A revised copy of the State emergency episode criteria was
forwarded on February 7, 1972. (Non-regulatory)
(2) Information concerning intergovernmental cooperation was
submitted by the Minnesota Pollution Control Agency on March 27, 1972.
(3) Certification that the State had adopted amendments to APC-1, 3,
4, 11, and 15, adopted a new air pollution control regulation (APC-16)
and projected manpower resources was submitted by the State on April 28,
1972.
(4) An opinion on the availability of emission data to the public
and evaluation of regulation concerning new construction was submitted
by the State Attorney General's office on June 15, 1972. (Non-
regulatory)
[[Page 253]]
(5) A revised version of the State's regulation APC-3 was submitted
by the Governor on July 25, 1972.
(6) On June 8, 1973, the Governor of Minnesota submitted a
transportation control plan for the Minneapolis-St. Paul Intrastate Air
Quality Control Region.
(7) Information concerning the transportation control plan was
submitted on June 18, 1973, by the Minnesota Pollution Control Agency.
(8) Compliance schedules were submitted on June 28, 1973, by the
Minnesota Pollution Control Agency.
(9) Information concerning the transportation control plan was
submitted on July 30, 1973, by the Metropolitan Transit Commission.
(10) Information concerning the transportation control plan was
submitted on August 1, 1973, by the Minnesota Department of Highways.
(11) Compliance schedules were submitted on August 9, 1973, by the
Minnesota Pollution Control Agency.
(12) On November 15, 1974, the Governor of Minnesota submitted
recommended Air Quality Maintenance Area identifications.
(13) A request for an extension of the statutory timetable for the
submittal of the portion of the Minnesota State Implementation Plan
implementing the National Secondary Ambient Air Quality Standards for
total suspended particulates was submitted by the Executive Director of
the Minnesota Pollution Control Agency on January 8, 1979, and was
supplemented with additional information on March 9, 1979.
(14) A transportation control plan for the St. Cloud Metropolitan
Area was submitted on May 17, 1979, by the Minnesota Pollution Control
Agency.
(15) Transportation control plans for the Metropolitan Areas of
Duluth, Rochester and Minneapolis-St. Paul were submitted on July 3,
1979, and July 23, 1979, by the Minnesota Pollution Control Agency.
(16) On March 5, 1980, the State of Minnesota submitted a revision
to provide for modification of the existing air quality surveillance
network. An amendment to the revision was submitted by the State of
Minnesota on June 2, 1980.
(17) The sulfur dioxide control plan and revised operating permits
for the Rochester and Twin Cities nonattainment areas were submitted by
the State of Minnesota on July 17, 1980, and August 4, 1980. Amendments
to the control plans were submitted on September 4, 1980. EPA's approval
of the control plan includes approval of the emission limitations
contained in the revised operating permits.
(18) Stipulation Agreement between the State Pollution Control
Agency and Erie Mining Company submitted by the State on February 20,
1981.
(19) On July 29, 1981, the Minnesota Pollution Control Agency
submitted an amendment to the transportation control plan for the
Minneapolis-St. Paul Metropolitan Area.
(20) On August 4, 1980, and October 17, 1980, the State submitted
its total suspended particulate Part D control plans for the Twin Cities
Seven County Metropolitan Area and the City of Duluth. As part of the
control strategies the State on January 5, 1981 submitted rule APC-33
and on January 23, 1981 further submitted amended and new rules. The
amended and new rules that control total suspended particulate (TSP)
emissions are: Amended APC-2, APC-4, APC-5, APC-7, APC-11; and new APC-
18, APC-21, APC-22, APC-23, APC-24, APC-25, APC-26, APC-28, APC-29, and
APC-32. Regulations APC-4, APC-24, and APC-32 are only approved as they
apply to TSP emissions.
(21) On January 23, 1981, the State submitted new rules and
amendments to some of their previously approved rules. On November 17,
1981, the State submitted amendments to APC-33. On May 6, 1982 (47 FR
19520), EPA approved some of the rules insofar as they applied to the
total suspended particulate strategy for the Twin Cities Seven County
Metropolitan Area and the City of Duluth. The remainder of the rules
are:
(i) Those portions of APC-4, APC-24, and APC-32 which control
emissions of sulfur dioxide, nitrogen dioxide, and carbon monoxide; (ii)
the amendments to APC-33; and (iii) APC-8, APC-12, APC-13, APC-15, APC-
16, APC-19 and APC-39.
[[Page 254]]
(22) On April 28, 1983, Minnesota submitted its Lead SIP. Additional
information was submitted on February 15, 1984, and February 21, 1984.
(23) On May 20, 1985, and on April 17, 1986, the State submitted a
carbon monoxide plan for the intersection of Snelling and University
Avenues in the City of St. Paul. The plan committed to improved signal
progression through the intersection by December 31, 1987, and a parking
ban on University Avenue within 1 block in either direction of the
intersection with Snelling Avenue by December 31, 1989.
(i) Incorporation by reference.
(A) Amendment to Air Quality Control Plan for Transportation for the
Metropolitan Council of the Twin Cities Area dated January 28, 1985.
(B) Letter from Minnesota Pollution Control Agency, dated April 17,
1986, and letter from the City of St. Paul, dated April 1, 1986,
committing to implementing of transportation control measures.
(24) On January 7, 1985, the State of Minnesota submitted a
consolidated permit rule (CPR) to satisfy the requirements of 40 CFR
51.160 through 51.164 for a general new source review (NSR) program,
including lead. On October 25, 1985, the State submitted a Memorandum of
Agreement (MOA) which remedied certain deficiencies (40 CFR 52.1225(d)).
On October 1, 1986, and January 14, 1987, the State committed to
implement its NSR program using USEPA's July 8, 1985 (50 FR 27892),
regulations for implementing the stack height requirements of Section
123 of the Clean Air Act (40 CFR 52.1225(e)). USEPA is approving the
above for general NSR purposes for all sources, except it is
disapproving them for those few sources subject to an NSPS requirement
(40 CFR Part 60) and exempted from review under 6 MCAR section 4.4303
B.3. For these sources, NSR Rule APC 3 (40 CFR 52.1220(c)(5)), will
continue to apply. Additionally, USEPA is taking no action on the CPR in
relationship to the requirements of Section 111, Part C, and Part D of
the Clean Air Act.
(i) Incorporation by reference.
(A) Within Title 6 Environment, Minnesota Code of Administrative
Rules, Part 4 Pollution Control Agency (6 MCAR 4), Rule 6 MCAR 4 section
4.0002, Parts A, B, C, and E--Definitions, Abbreviations, Applicability
of Standards, and Circumvention (formerly APC 2) Proposed and Published
in Volume 8 of the State of Minnesota STATE REGISTER (8 S.R.) on October
17, 1983, at 8 S.R. 682 and adopted as modified on April 16, 1984, at 8
S.R. 2275.
(B) Rules 6 MCAR section 4.4001 through section 4.4021--Permits
(formerly APC 3)--Proposed and Published on December 19, 1983, at 8 S.R.
1419 (text of rule starting at 8 S.R. 1420) and adopted as modified on
April 16, 1984, at 8 S.R. 2278.
(C) Rules 6 MCAR section 4.4301 through section 4.4305--Air Emission
Facility Permits--Proposed and Published on December 19, 1983, at 8 S.R.
1419 (text of rule starting at 8 S.R. 1470) and adopted as proposed on
April 16, 1984, at 8 S.R. 2276.
(D) Rules 6 MCAR section 4.4311 through section 4.4321--Indirect
Source Permits (formerly APC 19)--Proposed and Published on December 19,
1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1472) and adopted
as modified on April 16, 1984, at 8 S.R. 2277.
(25) On July 9, 1986, the State of Minnesota submitted Rules
7005.2520 through 7005.2523, submitted to replace the rule APC-29 in the
existing SIP (see paragraph (20)). This submittal also included State
permits for three sources, but these permits were withdrawn from USEPA
consideration on February 24, 1992. This submittal provides for
regulation of particulate matter from grain handling facilities, and was
submitted to satisfy a condition on the approval of Minnesota's Part D
plan for particulate matter.
(i) Incorporation by reference.
(A) Minnesota Rule 7005.2520, Definitions; Rule 7005.2521, Standards
of Performance for Dry Bulk Agricultural Commodity Facilities; Rule
7005.2522, Nuisance; and Rule 7005.2523, Control Requirements Schedule,
promulgated by Minnesota on January 16, 1984, and effective at the State
level on January 23, 1984.
(ii) Additional Material.
(A) Appendix E to Minnesota's July 9, 1986, submittal, which is a
statement signed on April 18, 1986, by Thomas J.
[[Page 255]]
Kalitowski, Executive Director, Minnesota Pollution Control Agency,
interpreting Rules 7005.2520 through 7005.2523 in the context of actual
barge loading practices in Minnesota.
(26) On March 13, 1989, the State of Minnesota requested that EPA
revise the referencing of regulations in the SIP to conform to the
State's recodification of its regulations. On November 26, 1991, and
September 18, 1992, the State submitted an official version of the
recodified regulations to be incorporated into the SIP. The recodified
regulations are in Chapter 7001 and Chapter 7005 of Minnesota's
regulations. Not approved as part of the SIP are recodified versions of
regulations which EPA previously did not approve. Therefore, the SIP
does not include Rules 7005.1550 through 7005.1610 (National Emission
Standards for Hazardous Air Pollutants (NESHAP) for asbestos), Rules
7005.2300 through 7005.2330 (limits for iron and steel plants), Rules
7005.2550 through 7005.2590 (NESHAP for beryllium), Rules 7005.2650
through 7005.2690 (NESHAP for mercury), Rule 7005.0116 (Opacity Standard
Adjustment) and Rule 7005.2910 (Performance Test Methods for coal
handling facilities). Similarly, the SIP continues to exclude the
exemption now in Rule 7001.1210 as applied to small sources subject to
new source performance standards, and the SIP is approved only for
``existing sources'' in the case of Rules 7005.1250 through 7005.1280
(Standards of Performance for Liquid Petroleum Storage Vessels), Rules
7005.1350 through 7005.1410 (Standards of Performance for Sulfuric Acid
Plants), Rules 7005.1450 through 7005.1500 (Standards of Performance for
Nitric Acid Plants), and Rules 7005.2100 through 7005.2160 (Standards of
Performance for Petroleum Refineries). The SIP also does not include
changes in the State's Rule 7005.0100 (relating to offsets) that were
withdrawn by the State on February 24, 1992, and does not include the
new rules 7005.0030 and 7005.0040.
(i) Incorporation by reference.
(A) Minnesota regulations in Chapter 7005 as submitted November 26,
1991, and in Chapter 7001 as submitted September 18, 1992, except for
those regulations that EPA has not approved as identified above.
(27) On August 16, 1982, the MPCA submitted an amendment to the St.
Cloud Area Air Quality Control Plan for Transportation as a State
Implementation Plan revision. This revision to the SIP was adopted by
the Board of the Minnesota Pollution Control Agency on July 27, 1982. On
August 31, 1989, the Minnesota Pollution Control Agency submitted a
revision to the Minnesota State Implementation Plan (SIP) for carbon
monoxide deleting the Lake George Interchange roadway improvement
project (10th Avenue at First Street South) from its St. Cloud
transportation control measures. This revision to the SIP was approved
by the Board on June 27, 1989.
(i) Incorporation by reference.
(A) Letter dated August 16, 1982, from Louis J. Breimburst,
Executive Director, Minnesota Pollution Control Agency to Valdas V.
Adamkus, Regional Administrator, United States Environmental Protection
Agency--Region 5 and its enclosed amendment to the Air Quality Plan for
Transportation for the St. Cloud Metropolitan Area entitled, ``Staff
Resolution,'' measures 1, 4 and 5 adopted by the Minnesota Pollution
Control Agency on July 27, 1982.
(B) Letter dated August 31, 1989, from Gerald L. Willet,
Commissioner, Minnesota Pollution Control Agency to Valdas V. Adamkus,
Regional Administrator, United States Environmental Protection Agency--
Region 5.
(28) On November 9, 1992, the State of Minnesota submitted the Small
Business Stationary Source Technical and Environmental Compliance
Assistance plan. This submittal satisfies the requirements of section
507 of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the
Legislature, and signed into Law on April 29, 1992.
(29) On November 26, 1991, August 31, 1992, November 13, 1992,
February 3, 1993, April 30, 1993, and October 15, 1993, the State of
Minnesota submitted revisions to its State Implementation Plans (SIPs)
for particulate matter for the Saint Paul and Rochester areas.
(i) Incorporation by reference.
[[Page 256]]
(A) An administrative order for Ashbach Construction Company, dated
August 25, 1992, submitted August 31, 1992, for the facility at
University Avenue and Omstead Street.
(B) An administrative order for Commercial Asphalt, Inc., dated
August 25, 1992, submitted August 31, 1992, for the facility at Red Rock
Road.
(C) An administrative order for Great Lakes Coal & Dock Company
dated August 25, 1992, submitted August 31, 1992, for the facility at
1031 Childs Road.
(D) An administrative order for Harvest States Cooperatives dated
January 26, 1993, submitted February 3, 1993, for the facility at 935
Childs Road.
(E) An administrative order for LaFarge Corporation dated November
30, 1992, submitted in a letter dated November 13, 1992, for the
facility at 2145 Childs Road.
(F) An administrative order for the Metropolitan Waste Control
Commission and the Metropolitan Council dated November 30, 1992,
submitted in a letter dated November 13, 1992, for the facility at 2400
Childs Road.
(G) An administrative order for North Star Steel Company dated April
22, 1993, submitted April 30, 1993, for the facility at 1678 Red Rock
Road.
(H) An administrative order for PM Ag Products, Inc., dated August
25, 1992, submitted August 31, 1992, for the facility at 2225 Childs
Road.
(I) An administrative order for Rochester Public Utilities dated
November 30, 1992, submitted in a letter dated November 13, 1992, for
the facility at 425 Silver Lake Drive.
(J) An amendment to the administrative order for Rochester Public
Utilities, dated October 14, 1993, submitted October 15, 1993, for the
facility at 425 Silver Lake Drive.
(K) An administrative order for J.L. Shiely Company dated August 25,
1992, submitted August 31, 1992, for the facility at 1177 Childs Road.
(ii) Additional materials.
(A) A letter from Charles Williams to Valdas Adamkus dated November
26, 1991, with attachments.
(B) A letter from Charles Williams to Valdas Adamkus dated August
31, 1992, with attachments.
(C) A letter from Charles Williams to Valdas Adamkus dated November
13, 1992, with attachments.
(D) A letter from Charles Williams to Valdas Adamkus dated February
3, 1993, with attachments.
(E) A letter from Charles Williams to Valdas Adamkus dated April 30,
1993, with attachments.
(F) A letter from Charles Williams to Valdas Adamkus dated October
15, 1993, with attachments.
(30) On June 4, 1992, March 30, 1993, and July 15, 1993, the State
of Minnesota submitted revisions to its State Implementation Plans
(SIPs) for sulfur dioxide for Air Quality Control Region (AQCR) 131
(excluding the Dakota County Pine Bend area and an area around Ashland
Refinery in St. Paul Park).
(i) Incorporation by reference.
(A) An administrative order, received on June 4, 1992, for FMC
Corporation and U.S. Navy, located in Fridley, Anoka County, Minnesota.
The administrative order became effective on May 27, 1992. Amendment
One, which was received on March 30, 1993, became effective on March 5,
1993. Amendment Two, which was received on July 15, 1993, became
effective on June 30, 1993.
(B) An administrative order, received on June 4, 1992, for Federal
Hoffman, Incorporated, located in Anoka, Anoka County, Minnesota. The
administrative order became effective on May 27, 1992. Amendment one,
received on July 15, 1993, became effective on June 30, 1993.
(C) An administrative order, received on June 4, 1992, for GAF
Building Materials Corporation (Asphalt Roofing Products Manufacturing
Facility) located at 50 Lowry Avenue, Minneapolis, Hennepin County,
Minnesota. The administrative order became effective on May 27, 1992.
Amendment One, received on July 15, 1993, became effective on June 30,
1993.
(D) An administrative order, received on June 4, 1992, for Northern
States Power Company-Riverside Generating Plant, located in Minneapolis,
Hennepin County, Minnesota. The administrative order became effective on
May 27, 1992. Amendment One, received on July 15, 1993, became effective
on June 30, 1993.
[[Page 257]]
(E) An administrative order for Minneapolis Energy Center, received
on July 15, 1993, Inc.'s Main Plant, Baker Boiler Plant, and the Soo
Line Boiler Plant all located in Minneapolis, Hennepin County,
Minnesota. The administrative order became effective on June 30, 1993.
(ii) Additional material.
(A) A letter from Charles Williams to Valdas Adamkus dated May 29,
1992, with enclosures providing technical support (e.g., computer
modeling) for the revisions to the administrative orders for five
facilities.
(B) A letter from Charles Williams to Valdas Adamkus dated March 26,
1993, with enclosures providing technical support for an amendment to
the administrative order for FMC Corporation and U.S. Navy.
(C) A letter from Charles Williams to Valdas Adamkus dated July 12,
1993, with enclosures providing technical support for amendments to
administrative orders for four facilities and a reissuance of the
administrative order to Minneapolis Energy Center, Inc.
(31) In a letter dated October 30, 1992, the MPCA submitted a
revision to the Carbon Monoxide State Implementation Plan for Duluth,
Minnesota. This revision contains a maintenance plan that the area will
use to maintain the CO NAAQS. The maintenance plan contains park and
ride lots and an oxygenated fuels program as the contingency measure.
(i) Incorporation by reference.
(A) Letter dated October 30, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosures entitled Appendix E.
(ii) Additional information.
(A) Letter dated November 10, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(B) Letter dated December 22, 1993, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(32) In a letter dated October 30, 1992, the MPCA submitted a
revision to the Carbon Monoxide State Implementation Plan for Duluth,
Minnesota. This revision removes a transportation control measure (TCM)
from the State Implementation Plan. The TCM is an increased turning
radius at 14th Avenue and 3rd Street East.
(i) Incorporation by reference.
(A) Letter dated October 30, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosure entitled Appendix D.
(ii) Additional information.
(A) Letter dated November 10, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(33) On August 5, 1992, and August 26, 1993, the State of Minnesota
submitted its ``Offset Rules'' as revisions to its State Implementation
Plan (SIP) for new source review in nonattainment areas.
(i) Incorporation by reference.
(A) Rules 7005.3020, 7005.3030, and 7005.3040, with amendments
effective August 24, 1992.
(B) Amendments to Rule 7005.3040, effective June 28, 1993.
(ii) Additional materials.
(A) A letter from Charles Williams to Valdas Adamkus dated August 5,
1992, with attachments.
(B) A letter from Charles Williams to Valdas Adamkus dated August
26, 1993, with attachments.
(34) On November 9, 1992, the State of Minnesota submitted the
Oxygenated Gasoline Program. This submittal satisfies the requirements
of section 211(m) of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Minnesota Laws Chapter 2509, sections 1 through 31, except for
sections 29 (b) and (c), enacted by the Legislature and signed into Law
on April 29, 1992.
(ii) Additional material.
[[Page 258]]
(A) Letter dated August 12, 1994, from the Minnesota Pollution
Control Agency (MPCA), to the United States Environmental Protection
Agency that withdraws the MPCA Board resolution dated October 27, 1992,
and any reference to it, from the oxygenated gasoline State
Implementation Plan revision request of 1992.
(35) On July 29, 1992, February 11, 1993, and February 25, 1994, the
State of Minnesota submitted revisions to its State Implementation Plans
(SIPs) for sulfur dioxide for Dakota County Pine Bend area of Air
Quality Control Region (AQCR) 131.
(i) Incorporation by reference.
(A) For Continental Nitrogen and Resources Corporation, located in
Rosemount, Dakota County, Minnesota:
(1) An administrative order, dated and effective July 28, 1992,
submitted July 29, 1992.
(2) Amendment One to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(B) For Northern States Power Company, Inver Hills Generating
Facility, located in Dakota County, Minnesota:
(1) An administrative order, dated and effective July 28, 1992,
submitted July 29, 1992.
(2) Amendment one to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(C) For Koch Refining Company and Koch Sulfuric Acid Unit, located
in the Pine Bend area of Rosemount, Dakota County, Minnesota:
(1) An administrative order, identified as Amendment One to Findings
and Order by Stipulation, dated and effective March 24, 1992, submitted
July 29, 1992.
(2) Amendment two to the administrative order, dated and effective
January 22, 1993, submitted February 11, 1993.
(3) Amendment three to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(ii) Additional material.
(A) A letter from Charles Williams to Valdas Adamkus dated July 29,
1992, with enclosures providing technical support (e.g., computer
modeling) for the revisions to the administrative orders for three
facilities.
(B) A letter from Charles Williams to Valdas Adamkus dated February
11, 1993, submitting Amendment Two to the administrative order for Koch
Refining Company.
(C) A letter from Charles Williams to Valdas Adamkus dated February
25, 1994, with enclosures providing technical support for amendments to
administrative orders for three facilities.
(36) On June 22, 1993, and September 13, 1994, the State of
Minnesota submitted revisions to its State Implementation Plan for lead
for a portion of Dakota County.
(i) Incorporation by reference.
(A) For Gopher Smelting and Refining Company, located in the city of
Eagan, Dakota County, Minnesota:
(1) An administrative order, dated, submitted, and effective June
22, 1993.
(2) Amendment One to the administrative order, dated, submitted, and
effective, September 13, 1994.
(ii) Additional material.
(A) A letter from Charles W. Williams to Valdas V. Adamkus, dated
June 22, 1993, with enclosures providing technical support (e.g.,
computer modeling) for the revisions to the State Implementation Plan
for lead.
(B) A letter from Charles W. Williams to Valdas V. Adamkus, dated
September 13, 1994, with enclosures providing technical support for the
revised administrative order for Gopher Smelting and Refining Company.
(37) On March 9, 1994, the State of Minnesota submitted a revision
to its particulate matter plan for the Saint Paul area, providing
substitute limits for an aggregate heater at the J.L. Shiely facility.
(i) Incorporation by reference.
(A) An amendment dated January 12, 1994, amending the administrative
order of August 25, 1992, for the J.L. Shiely facility at 1177 Childs
Road, Saint Paul.
(37) On November 23, 1993, the State of Minnesota submitted updated
air permitting rules.
(i) Incorporation by reference.
(A) Rules 7007.0050 through 7007.1850, effective August 10, 1993.
[[Page 259]]
(B) Rules 7001.0020, 7001.0050, 7001.0140, 7001.0180, 7001.0550,
7001.3050, 7002.0005, 7002.0015, and 7005.0100, effective August 10,
1993.
(38)-(39) [Reserved]
(40) On November 23, 1993, the State of Minnesota requested
recodification of the regulations in its State Implementation Plan,
requested removal of various regulations, and submitted recodified
regulations containing minor revisions.
(i) Incorporation by reference.
(A) Minnesota regulations in Chapters 7005, 7007, 7009, 7011, 7017,
7019, and 7023, effective October 18, 1993.
(B) Submitted portions of Minnesota Statutes Sections 17.135, 88.01,
88.02, 88.03, 88.16, 88.17, and 88.171, effective 1993.
(41) On December 22, 1994, Minnesota submitted miscellaneous
amendments to 11 previously approved administrative orders. In addition,
the previously approved administrative order for PM Ag Products (dated
August 25, 1992) is revoked.
(i) Incorporation by reference.
(A) Amendments, all effective December 21, 1994, to administrative
orders approved in paragraph (c)(29) of this section for: Ashbach
Construction Company; Commercial Asphalt, Inc.; Great Lakes Coal & Dock
Company; Harvest States Cooperatives; LaFarge Corporation; Metropolitan
Council; North Star Steel Company; Rochester Public Utilities; and J.L.
Shiely Company.
(B) Amendments, effective December 21, 1994, to the administrative
order approved in paragraph (c)(30) of this section for United Defense,
LP (formerly FMC/U.S. Navy).
(C) Amendments, effective December 21, 1994, to the administrative
order approved in paragraph (c)(35) of this section for Northern States
Power-Inver Hills Station.
(42) On September 7, 1994, the State of Minnesota submitted a
revision to its State Implementation Plan (SIP) for particulate matter
for the Rochester area of Olmsted County, Minnesota.
(i) Incorporation by reference.
(A) Amendment Two to the administrative order for the Silver Lake
Plant of Rochester Public Utilities, located in Rochester, Minnesota,
dated and effective August 31, 1994, submitted September 7, 1994.
(43) On November 12, 1993, the State of Minnesota submitted a
contingency plan to control the emissions of carbon monoxide from mobile
sources by use of oxygenated gasoline on a year-round basis. The
submittal of this program satisfies the provisions under section
172(c)(9) and 172(b) of the Clean Air Act as amended.
(i) Incorporation by reference.
(A) Laws of Minnesota for 1992, Chapter 575, section 29(b), enacted
by the legislature and signed into law on April 29, 1992.
(44) This revision provides for data which have been collected under
the enhanced monitoring and operating permit programs to be used for
compliance certifications and enforcement actions.
(i) Incorporation by reference.
(A) Minnesota Rules, sections 7007.0800 Subpart 6.C(5), 7017.0100
Subparts 1 and 2, both effective February 28, 1995.
(45) On December 15, 1995, the Minnesota Pollution Control Agency
submitted a revision to the State Implementation Plan for the general
conformity rules. The general conformity SIP revisions enable the State
of Minnesota to implement and enforce the Federal general conformity
requirements in the nonattainment or maintenance areas at the State or
local level in accordance with 40 CFR part 93, subpart B--Determining
Conformity of General Federal Actions to State or Federal Implementation
Plans.
(i) Incorporation by reference.
(A) Minnesota rules Part 7009.9000, as created and published in the
(Minnesota) Register, November 13, 1995, number 477, effective November
20, 1995.
(46) On April 24, 1997, the State of Minnesota submitted
Administrative Order amendments for sulfur dioxide for two Northern
States Power facilities: Inver Hills and Riverside.
(i) Incorporation by reference.
(A) Amendment Two, dated and effective November 26, 1996, to
administrative order approved in paragraph (c)(30) of this section for
Northern States Power-Riverside Station.
[[Page 260]]
(B) Amendment Three, dated and effective November 26, 1996, to
administrative order and amendments approved in paragraphs (c)(35) and
(c)(41), respectively, of this section for Northern States Power-Inver
Hills Station.
(47) On October 17, 1997, the State of Minnesota submitted
amendments to three previously approved Administrative Orders for North
Star Steel Company, LaFarge Corporation, and GAF Building Materials, all
located in the Minneapolis-St. Paul area.
(i) Incorporation by reference.
(A) Amendments, both dated and effective September 23, 1997, to
administrative orders and amendments approved in paragraphs (c)(29) and
(c)(41) of this section, respectively, of this section for: LaFarge
Corporation (Childs Road facility) and North Star Steel Company.
(B) Amendment Two, dated and effective September 18, 1997, to
administrative order and amendment approved in paragraph (c)(30) of this
section for GAF Building Materials.
(48) On January 12, 1995, Minnesota submitted revisions to its air
permitting rules. The submitted revisions provide generally applicable
limitations on potential to emit for certain categories of sources.
(i) Incorporation by reference. Submitted portions of Minnesota
regulations in Chapter 7007, and 7011.0060 through 7011.0080 effective
December 27, 1994.
(49) [Reserved]
(50) On July 22, 1998 the State of Minnesota submitted a
supplemental SIP revision for the control of particulate matter
emissions from certain sources located along Red Rock Road, within the
boundaries of Ramsey County. This supplemental SIP revision is in
response to EPA's July 22, 1997 conditional approval (62 FR 39120), of a
February 9, 1996 SIP revision for Red Rock Road. In addition, the
previously approved administrative order for Lafarge Corporation (dated
February 2, 1996) is revoked.
(i) Incorporation by reference.
(A) Air Emission Permit No. 12300353-001, issued by the MPCA to
Lafarge Corporation--Red Rock Terminal on April 14, 1998, Title I
conditions only.
(B) Revocation of Findings and Order, dated and effective July 21,
1998, to Findings and Order issued to Lafarge Corporation on February 2,
1996.
(ii) Additional material.
(A) Letter submitting vendor certifications of performance for the
pollution control equipment at Lafarge Corporation's facility on Red
Rock Road in St. Paul, Minnesota, dated May 4, 1998, from Arthur C.
Granfield, Regional Environmental Manager for Lafarge Corporation, to
Michael J. Sandusky, MPCA Air Quality Division Manager.
(B) Letter submitting operating ranges for the pollution control
equipment at Lafarge Corporation's facility on Red Rock Road in St.
Paul, Minnesota, dated July 13, 1998, from Arthur C. Granfield, Regional
Environmental Manager for Lafarge Corporation, to Michael J. Sandusky,
MPCA Air Quality Division Manager.
(51) On November 14, 1995, July 8, 1996, September 24, 1996, June
30, 1999, and September 1, 1999, the State of Minnesota submitted
revisions to its State Implementation Plan for carbon monoxide regarding
the implementation of the motor vehicle inspection and maintenance
program in the Minneapolis/St. Paul carbon monoxide nonattainment area.
This plan approves Minnesota Statutes Sections 116.60 to 116.65 and
Minnesota Rules 7023.1010-7023.1105. This plan also removes Minnesota
Rules Part 7023.1010, Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and
Part 7023.1055, Subp. 1 (E)(2) from the SIP.
(i) Incorporation by reference.
(A) Minnesota Statutes Sections 116.60 to 116.65;
(B) Minnesota Rules 7023.1010-7023.1105 (except Part 7023.1010,
Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1
(E)(2)).
(52) [Reserved]
(53) On September 29, 1998, the State of Minnesota submitted a site-
specific revision to the particulate matter (PM) SIP for LTV Steel
Mining Company (LTV), formerly known as Erie Mining Company, located in
St. Louis County, Minnesota. This SIP revision was submitted in response
to a request from LTV that EPA remove the Stipulation Agreement for Erie
Mining Company
[[Page 261]]
from the State SIP, as was approved by EPA in paragraph (c)(18) of this
section. Accordingly the Stipulation Agreement for Erie Mining Company
referenced in paragraph (c)(18) of this section is removed from the SIP
without replacement.
(54) On December 7, 1999, the State of Minnesota submitted to remove
an Administrative Order and replace it with a federally enforceable
State operating permit for Commercial Asphalt's facility located on Red
Rock Road in the city of St. Paul. EPA approved a federally enforceable
State operating permit (FESOP)(60 FR 21447) for the State of Minnesota
on May 2, 1995.
(i) Incorporation by reference
(A) Air Emission Permit No. 12300347-002, issued by the MPCA to
Commercial Asphalt CO-Plant 905, on September 10, 1999. Title I
conditions only.
(55) On February 6, 2000, the State of Minnesota submitted a site-
specific revision to the Minnesota Sulfur Dioxide (SO2) SIP
for Marathon Ashland Petroleum, LLC (Marathon Ashland), located in the
cities of St. Paul Park and Newport, Washington County, Minnesota.
Specifically, EPA is only approving into the SIP only those portions of
the Marathon Ashland Title V Operating permit cited as ``Title I
condition: SIP for SO2 NAAQS 40 CFR pt.50 and Minnesota State
Implementation Plan (SIP).'' In this same action, EPA is removing from
the state SO2 SIP the Marathon Ashland Administrative Order
previously approved in paragraph (c)(38) and revised in paragraph
(c)(49) of this section.
(i) Incorporation by reference
(A) AIR EMISSION PERMIT NO. 16300003-003, issued by the Minnesota
Pollution Control Agency to Marathon Ashland Petroleum, LLC on October
26, 1999, Title I conditions only.
(56) On November 4, 1998, the State of Minnesota submitted a SIP
revision for Olmsted County, Minnesota, for the control of emissions of
sulfur dioxide (SO2) in the city of Rochester. The state also
submitted on that date a request to redesignate the Rochester
nonattainment area to attainment of the SO2 National Ambient
Air Quality Standards. The state's maintenance plan is complete and the
submittals meet the SO2 nonattainment area SIP and
redesignation requirements of the Clean Air Act.
(i) Incorporation by reference
(A) Air Emission Permit No. 10900011-001, issued by the Minnesota
Pollution Control Agency (MPCA) to City of Rochester--Rochester Public
Utilities--Silver Lake Plant on July 22, 1997, Title I conditions only.
(B) Air Emission Permit No. 00000610-001, issued by the MPCA to City
of Rochester--Rochester Public Utilities--Cascade Creek Combustion on
January 10, 1997, Title I conditions only.
(C) Air Emission Permit No. 10900010-001, issued by the MPCA to
Associated Milk Producers, Inc. on May 5, 1997, Title I conditions only.
(D) Air Emission Permit No. 10900008-007 (989-91-OT-2, AMENDMENT No.
4), issued by the MPCA to St. Mary's Hospital on February 28, 1997,
Title I conditions only.
(E) Air Emission Permit No. 10900005-001, issued by the MPCA to
Olmsted County--Olmsted Waste-to-Energy Facility on June 5, 1997, Title
I conditions only.
(F) Amendment No. 2 to Air Emission Permit No. 1148-83-OT-1
[10900019], issued by the MPCA to Franklin Heating Station on June 19,
1998, Title I conditions only.
(G) Air Emission Permit No. 10900006-001, issued by the MPCA to
International Business Machine Corporation--IBM--Rochester on June 3,
1998, Title I conditions only.
(57) [Reserved]
(58) On December 16, 1998, the State submitted an update to the
Minnesota performance test rule, which sets out the procedures for
facilities that are required to conduct performance tests to demonstrate
compliance with their emission limits and/or operating requirements. In
addition, EPA is removing from the state SIP Minnesota Rule 7017.2000
previously approved as APC 21 in paragraph (c)(20) and amended in
paragraph (c)(40) of this section.
(i) Incorporation by reference.
(A) Amendments to Minnesota Rules 7011.0010, 7011.0105, 7011.0510,
7011.0515, 7011.0610, 7011.0710, 7011.0805, 7011.1305, 7011.1405,
7011.1410, 7017.2001, 7017.2005, 7017.2015, 7017.2018, 7017.2020,
7017.2025, 7017.2030, 7017.2035, 7017.2045, 7017.2050
[[Page 262]]
and 2060, published in the Minnesota State Register April 20, 1998, and
adopted by the state on July 13, 1998.
(59) On September 1, 1999, the State of Minnesota submitted a site-
specific revision to the Minnesota Sulfur Dioxide (SO2) SIP
for the Northern States Power Company (NSP) Riverside Plant, located in
Minneapolis, Hennepin County, Minnesota. Specifically, EPA is approving
into the SO2 SIP only those portions of the NSP Riverside
Plant Title V Operating Permit cited as ``Title I condition: State
Implementation Plan for SO2.'' In this same action, EPA is
removing from the state SO2 SIP the NSP Riverside Plant
Administrative Order previously approved and amended in paragraphs
(c)(30) and (c)(46) of this section respectively.
(i) Incorporation by reference.
(A) Air Emission Permit No. 05300015-001, issued by the Minnesota
Pollution Control Agency (MPCA) to Northern States Power Company--
Riverside Plant on May 11, 1999, Title I conditions only.
(60) [Reserved]
(61) On June 1, 2001, the State of Minnesota submitted a site-
specific revision to the Minnesota particulate matter (PM) State
Implementation Plan (SIP) for Metropolitan Council Environmental
Service's (MCES) Metropolitan Wastewater Treatment Plant located on
Childs Road in St. Paul, Ramsey County, Minnesota. Specifically, EPA is
only approving into the SIP those portions of the MCES federally
enforceable state operating permit cited as ``Title I Condition: State
Implementation Plan for PM10.'' In this same action, EPA is removing
from the state PM SIP the MCES Administrative Order previously approved
in paragraph (c)(29) of this section.
(i) Incorporation by reference.
(A) Air Emission Permit No. 12300053-001, issued by the Minnesota
Pollution Control Agency to MCES's Metropolitan Wastewater Treatment
Plant at 2400 Childs Road on March 13, 2001, Title I conditions only.
(62) On March 13, 2003, the State of Minnesota submitted a site-
specific State Implementation Plan (SIP) revision for the control of
emissions of sulfur dioxide (SO2) for Flint Hills Resources,
L.P., located in the Pine Bend Area of Rosemount, Dakota County,
Minnesota. Specifically, EPA is approving into the SO2 SIP
Amendment No. 6 to the Administrative Order previously approved in
paragraph (c)(35) and revised in paragraphs (c)(57) and (c)(60) of this
section.
(i) Incorporation by reference.
(A) An administrative order identified as Amendment Six to Findings
and Order by Stipulation, for Flint Hills Resources, L.P., dated and
effective March 11, 2003, submitted March 13, 2003.
(63) On August 9, 2002, the State of Minnesota submitted a revision
to the Minnesota sulfur dioxide (SO2) State Implementation
Plan (SIP) for Xcel Energy's Inver Hills Generating Plant (Xcel) located
in the city of Inver Grove Heights, Dakota County, Minnesota.
Specifically, EPA is only approving into the SO2 SIP those
portions of the Xcel Title V operating permit cited as ``Title I
Condition: State Implementation Plan for SO2'' and is
removing from the state SO2 SIP the Xcel Administrative Order
previously approved in paragraph (c)(46) and modified in paragraphs
(c)(35) and (c)(41) of this section. In this same action, EPA is
removing from the state particulate matter SIP the Administrative Order
for Ashbach Construction Company previously approved in paragraph
(c)(29) and modified in paragraph (c)(41) of this section.
(i) Incorporation by reference.
(A) AIR EMISSION PERMIT NO. 03700015-001, issued by the Minnesota
Pollution Control Agency to Northern States Power Company Inver Hills
Generating Plant on July 25, 2000, Title I conditions only.
(64) On July 18, 2002, the State of Minnesota submitted a site-
specific revision to the Minnesota particulate matter (PM) SIP for the
Lafarge Corporation (Lafarge) Red Rock Road facility, located in Saint
Paul, Ramsey County, Minnesota. Specifically, EPA is approving into the
PM SIP only those portions of the Lafarge Red Rock Road facility state
operating permit cited as ``Title I condition: SIP for PM10 NAAQS.''
(i) Incorporation by reference. AIR EMISSION PERMIT NO. 12300353-
002,
[[Page 263]]
issued by the Minnesota Pollution Control Agency (MPCA) to Lafarge
Corporation--Red Rock Terminal on May 7, 2002, Title I conditions only.
(65) The Minnesota Pollution Control Agency submitted a revision to
Minnesota's State Implementation Plan for sulfur dioxide on December 19,
2002. This revision consists of a Title V permit for the United Defense,
LP facility located in Anoka County at 4800 East River Road, Fridley,
Minnesota. The Permit contains non-expiring Title I SIP conditions.
(i) Incorporation by reference.
(A) Title I conditions contained in the November 25, 2002, Title V
permit (permit number 00300020-001) issued to the United Defense, LP
facility located in Anoka County at 4800 East River Road, Fridley,
Minnesota.
[37 FR 10874, May 31, 1972. Redesignated at 70 FR 8932, Feb. 24, 2005]
Editorial Note: For Federal Register citations affecting Sec.
52.1222, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1223 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Minnesota's plans for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds the plan satisfies all requirements of Part D,
Title 1, of the Clean Air Act as amended in 1977, except as noted below.
[45 FR 40581, June 16, 1980]
Sec. 52.1224 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met
since the plan does not provide for public availability of emission
data.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to July 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
(5) Authority of the Regional Administrator to make available
information and data was delegated to the Minnesota Pollution Control
Agency effective October 6, 1977.
[37 FR 10874, May 31, 1972, as amended at 40 FR 55330, Nov. 28, 1975; 43
FR 10, Jan. 3, 1978; 51 FR 40676, Nov. 7, 1986]
[[Page 264]]
Sec. 52.1225 Review of new sources and modifications.
(a) Part D--Approval. The State of Minnesota has satisfied the
requirements of sections 173 and 189(a)(1)(A) for permitting of major
new sources and modifications in nonattainment areas.
(b)-(d) [Reserved]
(e) The State of Minnesota has committed to conform to the Stack
Height Regulations, as set forth in 40 CFR part 51. In a January 14,
1987, letter to David Kee, USEPA, Thomas J. Kalitowski, Executive
Director, Minnesota Pollution Control Agency, stated:
Minnesota does not currently have a stack height rule, nor do we
intend to adopt such a rule. Instead, we will conform with the Stack
Height Regulations as set forth in the July 8, 1985, Federal Register in
issuing permits for new or modified sources. In cases where that rule is
not clear, we will contact USEPA Region V and conform to the current
federal interpretation of the item in question.
[53 FR 17037, May 13, 1988, as amended at 59 FR 21941, Apr. 28, 1994; 60
FR 21451, May 2, 1995]
Sec. Sec. 52.1226-52.1229 [Reserved]
Sec. 52.1230 Control strategy and rules: Particulates.
(a) Part D--(1) Approval. The State of Minnesota has satisfied the
requirements of sections 189(a)(1)(B) and 189(a)(1)(C) and paragraphs 1,
2, 3, 4, 6, 7, 8, and 9 of section 172(c) for the Saint Paul and
Rochester areas. The Administrator has determined pursuant to section
189(e) that secondary particulate matter formed from particulate matter
precursors does not contribute significantly to exceedances of the
NAAQS.
(2) No action. USEPA takes no action on the alternative test method
provision of Rule 7005.2910.
(b) Approval--On May 31, 1988, the State of Minnesota submitted a
committal SIP for particulate matter with an aerodynamic diameter equal
to or less than 10 micrometers (PM10) for Minnesota's Group
II areas. The Group II areas of concern are in Minneapolis, Hennepin
County; Duluth and Iron Range, St. Louis County; Iron Range, Itasca
County; Two Harbors, Lake County; and St. Cloud, Stearns County. The
committal SIP contains all the requirements identified in the July 1,
1987, promulgation of the SIP requirements for PM10 at 52 FR
24681.
(c) Approval--On June 20, 2002, the State of Minnesota submitted a
request to redesignate the Saint Paul, Ramsey County particulate matter
nonattainment area to attainment of the NAAQS for particulate matter
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM). In its submittal, the State also requested that EPA
approve the maintenance plan for the area into the Minnesota PM SIP. The
redesignation request and maintenance plan meet the redesignation
requirements of the Clean Air Act.
[47 FR 19522, May 6, 1982, as amended at 47 FR 32118, July 26, 1982; 55
FR 21022, May 22, 1990; 57 FR 46308, Oct. 8, 1992; 59 FR 7222, Feb. 15,
1994; 67 FR 48790, July 26, 2002]
Sec. Sec. 52.1231-52.1232 [Reserved]
Sec. 52.1233 Operating permits.
(a) Emission limitations and related provisions which are
established in Minnesota permits as federally enforceable conditions in
accordance with Chapter 7007 rules shall be enforceable by USEPA. USEPA
reserves the right to deem permit conditions not federally enforceable.
Such a determination will be made according to appropriate procedures,
and be based upon the permit, permit approval procedures or permit
requirements which do not conform with the permit program requirements
or the requirements of USEPA's underlying regulations.
(b) For any permitting program located in the State, insofar as the
permitting threshold provisions in Chapter 7007 rules concern the
treatment of sources of greenhouse gas emissions as major sources for
purposes of title V operating permits, EPA approves such provisions only
to the extent they require permits for such sources where the source
emits or has the potential to emit at least 100,000 tpy CO2
equivalent emissions, as well as 100 tpy on a mass basis, as of July 1,
2011.
[60 FR 21451, May 2, 1995, as amended at 75 FR 82266, Dec. 30, 2010]
[[Page 265]]
Sec. 52.1234 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are met, except for sources seeking permits to locate in Indian
country within the State of Minnesota.
(b) Regulations for the prevention of the significant deterioration
of air quality. The provisions of Sec. 52.21 except paragraph (a)(1)
are hereby incorporated and made a part of the applicable State plan for
the State of Minnesota for sources wishing to locate in Indian country;
and sources constructed under permits issued by EPA.
[82 FR 44736, Sept. 26, 2017]
Sec. 52.1235 Regional haze.
(a) [Reserved]
(b)(1) NOX emission limits. (i) United States Steel Corporation,
Keetac: An emission limit of 1.5 lbs NOX/MMBtu, based on a
30-day rolling average, shall apply to the Grate Kiln pelletizing
furnace (EU030), beginning 3 years from March 8, 2013. However, for any
30, or more, consecutive days when only natural gas is used a limit of
1.2 lbs NOX/MMBtu, based on a 30-day rolling average, shall
apply.
(ii) Hibbing Taconite Company--(A) Hibbing Line 1. (1) An emission
limit of 1.2 lbs NOX/MMBTU, based on a 30-day rolling
average, shall apply to Hibbing Line 1 when burning natural gas. This
emission limit will become enforceable 37 months after May 12, 2016 and
only after EPA's confirmation or modification of the emission limit in
accordance with the procedures set forth in paragraphs (b)(1)(ii)(A)(2)
through (7) of this section.
(2) Compliance with this emission limit will be demonstrated with
data collected by a continuous emissions monitoring system (CEMS) for
NOX. The owner or operator of Hibbing Line 1 must install a
CEMS for NOX and SO2 within six months from May
12, 2016. The owner or operator must start collecting CEMS data and
submit the data to EPA no later than 30 days from the end of each
calendar quarter after that installation deadline. Any remaining data
through the end of the 34th month from May 12, 2016, that does not fall
within a calendar quarter, must be submitted to EPA no later than 30
days from the end of the 34th month. Although CEMS data must continue to
be collected, it does not need to be submitted to EPA starting 34 months
after May 12, 2016.
(3) No later than 24 months after May 12, 2016 the owner or operator
must submit to EPA a report, including any final report(s) completed by
the selected NOX reduction technology supplier and furnace
retrofit engineer, containing a detailed engineering analysis and
modeling of the NOX reduction control technology being
installed on Hibbing Line 1. The NOX reduction control
technology must be designed to meet an emission limit of 1.2 lbs
NOX/MMBTU. This report must include a list of all process and
control technology variables that can reasonably be expected to have an
impact on NOX emissions control technology performance, as
well as a description of how these variables can be adjusted to reduce
NOX emissions to meet the NOX design emission
limit.
(4) The NOX reduction control technology shall be
installed on Hibbing Line 1 furnace no later than 26 months after May
12, 2016.
(5) Commencing on the earlier of: Six months from the installation
of the NOX reduction control technology; or 26 months from
May 12, 2016, the owner or operator must provide to EPA the results from
pellet quality analyses. The owner or operator shall provide the results
from pellet quality analyses no later than 30 days from the end of each
calendar quarter up until 34 months after May 12, 2016. Any remaining
results through the end of the 34th month from May 12, 2016, that do not
fall within a calendar quarter, must be submitted to EPA no later than
30 days from the end of the 34th month. The pellet quality analyses
shall include results for the following factors: Compression,
reducibility, before tumble, after tumble, low temperature
disintegration, and swelling. For each of the pellet quality analysis
factors, the owner or operator must explain the pellet quality analysis
factor, as well as the defined acceptable range for each factor using
the applicable product quality standards based upon customers' pellet
specifications that are
[[Page 266]]
contained in Hibbing's ISO 9001 quality management system. The owner or
operator shall provide pellet quality analysis testing results that
state the date and time of the analysis and, in order to define the time
period when pellets were produced outside of the defined acceptable
range for the pellet quality factors listed, provide copies of the
production logs that document the starting and ending times for such
periods. The owner or operator shall provide an explanation of causes
for pellet samples that fail to meet the acceptable range for any pellet
quality analysis factor. Pellet quality information and data may be
submitted to EPA as Confidential Business Information.
(6) No later than 34 months after May 12, 2016, the owner or
operator may submit to EPA a report to either confirm or modify the
NOX limits for Hibbing Line 1 furnace within the upper and
lower bounds described below. EPA will review the report and either
confirm or modify the NOX limits. If the CEMS data collected
during operating periods between months 26 and 34 that both meet pellet
quality specifications and proper furnace/burner operation is normally
distributed, the limit adjustment determination shall be based on the
appropriate (depending upon whether data are statistically independent
or dependent) 95% upper predictive limit (UPL) equations in paragraph
(f) of this section. If the CEMS data collected during operating periods
between months 26 and 34 that both meet pellet quality specifications
and proper furnace/burner operation are not normally distributed, the
limit adjustment determination shall be based on the non-parametric
equation provided in paragraph (f) of this section. The data set for the
determination shall exclude periods when pellet quality did not fall
within the defined acceptable ranges of the pellet quality factors
identified pursuant to paragraph (b)(1)(ii)(E) of this section and for
any subsequent period when production has been reduced in response to
pellet quality concerns consistent with Hibbing's ISO 9001 operating
standards. Any excluded period will commence at the time documented on
the production log demonstrating that pellet quality did not fall within
the defined acceptable range and shall end when pellet quality within
the defined acceptable range has been re-established at planned
production levels, which will be presumed to be the level that existed
immediately prior to the reduction in production due to pellet quality
concerns. EPA may also exclude data where operations are inconsistent
with the reported design parameters of the NOX reduction
control technology installed.
(7) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limit in the Federal
Register no later than 37 months after May 12, 2016. The confirmed or
modified NOX limit for Hibbing Line 1 when burning only
natural gas may be no lower than 1.2 lbs NOX/MMBTU, based on
a 30-day rolling average, and may not exceed 1.8 lbs NOX/
MMBTU, based on a 30-day rolling average.
(B) Hibbing Line 2. (1) An emission limit of 1.2 lbs NOX/
MMBTU, based on a 30-day rolling average, shall apply to Hibbing Line 2
when burning natural gas. This emission limit will become enforceable 55
months after May 12, 2016 and only after EPA's confirmation or
modification of the emission limit in accordance with the procedures set
forth in paragraphs (b)(1)(ii)(B)(2) through (7) of this section.
(2) Compliance with this emission limit will be demonstrated with
data collected by a continuous emissions monitoring system (CEMS) for
NOX. The owner or operator of Hibbing Line 2 must install a
CEMS for NOX and SO2 within six months from May
12, 2016. The owner or operator must start collecting CEMS data and
submit the data to EPA no later than 30 days from the end of each
calendar quarter after that installation deadline. Any remaining data
through the end of the 52nd month from May 12, 2016, that does not fall
within a calendar quarter, must be submitted to EPA no later than 30
days from the end of the 52nd month. Although CEMS data must continue to
be collected, it does not need to be submitted to EPA starting 52 months
after May 12, 2016.
(3) No later than 42 months after May 12, 2016 the owner or operator
must submit to EPA a report, including any
[[Page 267]]
final report(s) completed by the selected NOX reduction
technology supplier and furnace retrofit engineer, containing a detailed
engineering analysis and modeling of the NOX reduction
control technology being installed on Hibbing Line 2. The NOX
reduction control technology must be designed to meet an emission limit
of 1.2 lbs NOX/MMBTU. This report must include a list of all
process and control technology variables that can reasonably be expected
to have an impact on NOX emissions control technology
performance, as well as a description of how these variables can be
adjusted to reduce NOX emissions to meet the NOX
design emission limit.
(4) The NOX reduction control technology shall be
installed on Hibbing Line 2 furnace no later than 44 months after May
12, 2016.
(5) Commencing on the earlier of: Six months from the installation
of the NOX reduction control technology; or 44 months from
May 12, 2016, the owner or operator must provide to EPA the results from
pellet quality analyses. The owner or operator shall provide the results
from pellet quality analyses no later than 30 days from the end of each
calendar quarter up until 52 months after May 12, 2016. Any remaining
results through the end of the 52nd month from May 12, 2016, that do not
fall within a calendar quarter, must be submitted to EPA no later than
30 days from the end of the 52nd month. The pellet quality analyses
shall include results for the following factors: Compression,
reducibility, before tumble, after tumble, low temperature
disintegration, and swelling. For each of the pellet quality analysis
factors, the owner or operator must explain the pellet quality analysis
factor, as well as the defined acceptable range for each factor using
the applicable product quality standards based upon customers' pellet
specifications that are contained in Hibbing's ISO 9001 quality
management system. The owner or operator shall provide pellet quality
analysis testing results that state the date and time of the analysis
and, in order to define the time period when pellets were produced
outside of the defined acceptable range for the pellet quality factors
listed, provide copies of the production logs that document the starting
and ending times for such periods. The owner or operator shall provide
an explanation of causes for pellet samples that fail to meet the
acceptable range for any pellet quality analysis factor. Pellet quality
information and data may be submitted to EPA as Confidential Business
Information.
(6) No later than 52 months after May 12, 2016, the owner or
operator may submit to EPA a report to either confirm or modify the
NOX limits for Hibbing Line 2 furnace within the upper and
lower bounds described below. EPA will review the report and either
confirm or modify the NOX limits. If the CEMS data collected
during operating periods between months 44 and 52 that both meet pellet
quality specifications and proper furnace/burner operation is normally
distributed, the limit adjustment determination shall be based on the
appropriate (depending upon whether data are statistically independent
or dependent) 95% upper predictive limit (UPL) equations in paragraph
(f) of this section. If the CEMS data collected during operating periods
between months 44 and 52 that both meet pellet quality specifications
and proper furnace/burner operation are not normally distributed, the
limit adjustment determination shall be based on the non-parametric
equation provided in paragraph (f) of this section. The data set for the
determination shall exclude periods when pellet quality did not fall
within the defined acceptable ranges of the pellet quality factors
identified pursuant to paragraph (b)(1)(ii)(E) of this section and for
any subsequent period when production has been reduced in response to
pellet quality concerns consistent with Hibbing's ISO 9001 operating
standards. Any excluded period will commence at the time documented on
the production log demonstrating that pellet quality did not fall within
the defined acceptable range and shall end when pellet quality within
the defined acceptable range has been re-established at planned
production levels, which will be presumed to be the level that existed
immediately prior to the reduction in production due to pellet quality
concerns. EPA may also exclude data where operations are inconsistent
with
[[Page 268]]
the reported design parameters of the NOX reduction control
technology installed.
(7) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limit in the Federal
Register no later than 55 months after May 12, 2016. The confirmed or
modified NOX limit for Hibbing Line 2 when burning only
natural gas may be no lower than 1.2 lbs NOX/MMBTU, based on
a 30-day rolling average, and may not exceed 1.8 lbs NOX/
MMBTU, based on a 30-day rolling average.
(C) Hibbing Line 3. (1) An emission limit of 1.2 lbs NOX/
MMBTU, based on a 30-day rolling average, shall apply to Hibbing Line 3
when burning natural gas. This emission limit will become enforceable 60
months after May 12, 2016 and only after EPA's confirmation or
modification of the emission limit in accordance with the procedures set
forth in paragraphs (b)(1)(ii)(C)(2) through (7) of this section.
(2) Compliance with this emission limit will be demonstrated with
data collected by a continuous emissions monitoring system (CEMS) for
NOX. The owner or operator of Hibbing Line 3 must install a
CEMS for NOX and SO2 within six months from May
12, 2016. The owner or operator must start collecting CEMS data and
submit the data to EPA no later than 30 days from the end of each
calendar quarter after that installation deadline. Any remaining data
through the end of the 57th month from May 12, 2016, that does not fall
within a calendar quarter, must be submitted to EPA no later than 30
days from the end of the 57th month. Although CEMS data must continue to
be collected, it does not need to be submitted to EPA starting 57 months
after May 12, 2016.
(3) No later than 48 months after May 12, 2016 the owner or operator
must submit to EPA a report, including any final report(s) completed by
the selected NOX reduction technology supplier and furnace
retrofit engineer, containing a detailed engineering analysis and
modeling of the NOX reduction control technology being
installed on Hibbing Line 3. The NOX reduction control
technology must be designed to meet an emission limit of 1.2 lbs
NOX/MMBTU. This report must include a list of all process and
control technology variables that can reasonably be expected to have an
impact on NOX emissions control technology performance, as
well as a description of how these variables can be adjusted to reduce
NOX emissions to meet the NOX design emission
limit.
(4) The NOX reduction control technology shall be
installed on Hibbing Line 3 furnace no later than 50 months after May
12, 2016.
(5) Commencing on the earlier of: Six months from the installation
of the NOX reduction control technology; or 50 months from
May 12, 2016, the owner or operator must provide to EPA the results from
pellet quality analyses. The owner or operator shall provide the results
from pellet quality analyses no later than 30 days from the end of each
calendar quarter up until 57 months after May 12, 2016. Any remaining
results through the end of the 57th month from May 12, 2016, that do not
fall within a calendar quarter, must be submitted to EPA no later than
30 days from the end of the 57th month. The pellet quality analyses
shall include results for the following factors: Compression,
reducibility, before tumble, after tumble, low temperature
disintegration, and swelling. For each of the pellet quality analysis
factors, the owner or operator must explain the pellet quality analysis
factor, as well as the defined acceptable range for each factor using
the applicable product quality standards based upon customers' pellet
specifications that are contained in Hibbing's ISO 9001 quality
management system. The owner or operator shall provide pellet quality
analysis testing results that state the date and time of the analysis
and, in order to define the time period when pellets were produced
outside of the defined acceptable range for the pellet quality factors
listed, provide copies of the production logs that document the starting
and ending times for such periods. The owner or operator shall provide
an explanation of causes for pellet samples that fail to meet the
acceptable range for any pellet quality analysis factor. Pellet quality
information and data may be submitted to EPA as Confidential Business
Information.
[[Page 269]]
(6) No later than 57 months after May 12, 2016, the owner or
operator may submit to EPA a report to either confirm or modify the
NOX limits for Hibbing Line 3 furnace within the upper and
lower bounds described below. EPA will review the report and either
confirm or modify the NOX limits. If the CEMS data collected
during operating periods between months 50 and 57 that both meet pellet
quality specifications and proper furnace/burner operation is normally
distributed, the limit adjustment determination shall be based on the
appropriate (depending upon whether data are statistically independent
or dependent) 95% upper predictive limit (UPL) equations in paragraph
(f) of this section. If the CEMS data collected during operating periods
between months 50 and 57 that both meet pellet quality specifications
and proper furnace/burner operation are not normally distributed, the
limit adjustment determination shall be based on the non-parametric
equation provided in paragraph (f) of this section. The data set for the
determination shall exclude periods when pellet quality did not fall
within the defined acceptable ranges of the pellet quality factors
identified pursuant to paragraph (b)(1)(ii)(E) of this section and for
any subsequent period when production has been reduced in response to
pellet quality concerns consistent with Hibbing's ISO 9001 operating
standards. Any excluded period will commence at the time documented on
the production log demonstrating that pellet quality did not fall within
the defined acceptable range and shall end when pellet quality within
the defined acceptable range has been re-established at planned
production levels, which will be presumed to be the level that existed
immediately prior to the reduction in production due to pellet quality
concerns. EPA may also exclude data where operations are inconsistent
with the reported design parameters of the NOX reduction
control technology installed.
(7) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limit in the Federal
Register no later than 60 months after May 12, 2016. The confirmed or
modified NOX limit for Hibbing Line 3 when burning only
natural gas may be no lower than 1.2 lbs NOX/MMBTU, based on
a 30-day rolling average, and may not exceed 1.8 lbs NOX/
MMBTU, based on a 30-day rolling average.
(iii) United States Steel Corporation, Minntac: An emission limit of
1.5 lbs NOX/MMBtu, based on a 30-day rolling average, shall
apply to each of the five indurating furnaces (EU225, EU261, EU282,
EU315, and EU334). The owner or operator shall comply with this
NOX emission limit beginning 12 months from March 8, 2013 for
the Line 6 indurating furnace (EU315); 24 months from March 8, 2013 for
the Line 7 indurating furnace (EU334); 36 months from March 8, 2013 for
the Line 4 or Line 5 indurating furnace (EU261) or (EU282); 48 months
from March 8, 2013 for the Line 5 or Line 4 indurating furnace (EU282)
or (EU261); and 59 months from March 8, 2013 for the Line 3 indurating
furnace (EU225). However, for any 30 or more consecutive days when only
natural gas is used at any of Minntac's indurating furnaces, a limit of
1.2 lbs NOX/MMBtu, based on a 30-day rolling average, shall
apply to that furnace.
(iv) United Taconite--(A) United Taconite Line 1. (1) An emission
limit of 2.8 lbs NOX/MMBTU, based on a 720-hour rolling
average, shall apply to United Taconite Grate Kiln Line 1 when burning
natural gas, and an emission limit of 1.5 lbs NOX/MMBTU,
based on a 720-hour rolling average, shall apply to United Taconite
Grate Kiln Line 1 when burning coal or a mixture of coal and natural
gas. These emission limits will become enforceable 37 months after May
12, 2016 and only after EPA's confirmation or modification of the
emission limit in accordance with the procedures set forth in paragraphs
(b)(1)(iv)(A)(2) through (8) of this section.
(2) Compliance with these emission limits shall be demonstrated with
data collected by a continuous emissions monitoring system (CEMS) for
NOX. The owner or operator must start collecting CEMS data
for NOX on May 12, 2016 and submit the data to EPA no later
than 30 days from the end of each calendar quarter. Any remaining data
through the end of the 34th month from
[[Page 270]]
May 12, 2016, that does not fall within a calendar quarter, must be
submitted to EPA no later than 30 days from the end of the 34th month.
Although CEMS data must continue to be collected, it does not need to be
submitted to EPA starting 34 months after May 12, 2016.
(3) No later than 24 months from May 12, 2016, the owner or operator
must submit to EPA a report, including any final report(s) completed by
the selected NOX reduction technology supplier and furnace
retrofit engineer, containing a detailed engineering analysis and
modeling of the NOX reduction control technology being
installed on United Taconite Grate Kiln Line 1. This report must include
a list of all variables that can reasonably be expected to have an
impact on NOX emission control technology performance, as
well as a description of how these variables can be adjusted to reduce
NOX emissions to meet the NOX design emission
limit. This NOX reduction control technology must be designed
to meet emission limits of 2.8 lbs NOX/MMBTU when burning
natural gas and 1.5 lbs NOX/MMBTU when burning coal or a
mixture of coal and natural gas.
(4) The NOX reduction control technology shall be
installed on United Taconite Grate Kiln Line 1 furnace no later than 26
months from May 12, 2016.
(5) Commencing on the earlier of: Six months from the installation
of the NOX reduction control technology or 26 months from May
12, 2016, the owner or operator must provide to EPA the results from
pellet quality analyses. The owner or operator shall provide the results
from pellet quality analyses no later than 30 days from the end of each
calendar quarter up until 34 months after May 12, 2016. Any remaining
results through the end of the 34th month, that do not fall within a
calendar quarter, must be submitted to EPA no later than 30 days from
the end of the 34th month. The pellet quality analyses shall include
results for the following factors: Compression, reducibility, before
tumble, after tumble, and low temperature disintegration. For each of
the pellet quality analysis factors, the owner or operator must explain
the pellet quality analysis factor, as well as the defined acceptable
range for each factor using the applicable product quality standards
based upon customers' pellet specifications that are contained in United
Taconite's ISO 9001 quality management system. The owner or operator
shall provide pellet quality analysis testing results that state the
date and time of the analysis and, in order to define the time period
when pellets were produced outside of the defined acceptable range for
the pellet quality factors listed, provide copies of the production logs
that document the starting and ending times for such periods. The owner
or operator shall provide an explanation of causes for pellet samples
that fail to meet the acceptable range for any pellet quality analysis
factor. Pellet quality information and data may be submitted to EPA as
Confidential Business Information.
(6) No later than 34 months after May 12, 2016, the owner or
operator may submit to EPA a report to either confirm or modify the
NOX limits for United Taconite Grate Kiln Line 1 within the
upper and lower bounds described below. EPA will review the report and
either confirm or modify the NOX limits. If the CEMS data
collected during operating periods between months 26 and 34 that both
meet pellet quality specifications and proper furnace/burner operation
is normally distributed, the limit adjustment determination shall be
based on the appropriate (depending upon whether data are statistically
independent or dependent) 95% upper predictive limit (UPL) equations in
paragraph (f) of this section. If the CEMS data collected during
operating periods between months 26 and 34 that both meet pellet quality
specifications and proper furnace/burner operation are not normally
distributed, the limit adjustment determination shall be based on the
non-parametric equation provided in paragraph (f) of this section. The
data set for the determination shall exclude periods when pellet quality
did not fall within the defined acceptable ranges of the pellet quality
factors identified pursuant to paragraph (b)(1)(iv)(A)(5) of this
section and for any subsequent period when production had been reduced
in response to pellet quality concerns consistent with United Taconite's
ISO 9001 operating standards. Any excluded period will
[[Page 271]]
commence at the time documented on the production log demonstrating
pellet quality did not fall within the defined acceptable range, and
shall end when pellet quality within the defined acceptable range has
been re-established at planned production levels, which will be presumed
to be the level that existed immediately prior to the reduction in
production due to pellet quality concerns. EPA may also exclude data
where operations are inconsistent with the reported design parameters of
the NOX reduction control technology that were installed.
(7) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limits in the Federal
Register no later than 37 months after May 12, 2016. The confirmed or
modified NOX limit for United Taconite Grate Kiln Line 1 when
burning only natural gas may be no lower than 2.8 lbs NOX/
MMBTU, based on a 720-hour rolling average, and may not exceed 3.0 lbs
NOX/MMBTU, based on a 720-hour rolling average. The confirmed
or modified NOX limit for United Taconite Grate Kiln Line 1
when burning coal or a mixture of coal and natural gas may be no lower
than 1.5 lbs NOX/MMBTU, based on a 720-hour rolling average,
and may not exceed 2.5 lbs NOX/MMBTU, based on a 720-hour
rolling average.
(8) If the owner or operator submits a report proposing a single
NOX limit for all fuels, EPA may approve the proposed
NOX limit for all fuels based on a 30-day rolling average.
The confirmed or modified limit will be established and enforceable
within 37 months from May 12, 2016.
(B) United Taconite Line 2. (1) An emission limit of 2.8 lbs
NOX/MMBTU, based on a 720-hour rolling average, shall apply
to United Taconite Grate Kiln Line 2 when burning natural gas, and an
emission limit of 1.5 lbs NOX/MMBTU, based on a 720-hour
rolling average, shall apply to United Taconite Grate Kiln Line 2 when
burning coal or a mixture of coal and natural gas. These emission limits
will become enforceable 55 months after May 12, 2016 and only after
EPA's confirmation or modification of the emission limit in accordance
with the procedures set forth in paragraphs (b)(1)(iv)(B)(2) through (8)
of this section.
(2) Compliance with these emission limits shall be demonstrated with
data collected by a continuous emissions monitoring system (CEMS) for
NOX. The owner or operator must start collecting CEMS data
for NOX on May 12, 2016 and submit the data to EPA no later
than 30 days from the end of each calendar quarter. Any remaining data
through the end of the 52nd month from May 12, 2016, that does not fall
within a calendar quarter, must be submitted to EPA no later than 30
days from the end of the 52nd month. Although CEMS data must continue to
be collected, it does not need to be submitted to EPA starting 52 months
after May 12, 2016.
(3) No later than 42 months from May 12, 2016, the owner or operator
must submit to EPA a report, including any final report(s) completed by
the selected NOX reduction technology supplier and furnace
retrofit engineer, containing a detailed engineering analysis and
modeling of the NOX reduction control technology being
installed on United Taconite Grate Kiln Line 2. This report must include
a list of all variables that can reasonably be expected to have an
impact on NOX emission control technology performance, as
well as a description of how these variables can be adjusted to reduce
NOX emissions to meet the NOX design emission
limit. This NOX reduction control technology must be designed
to meet emission limits of 2.8 lbs NOX/MMBTU when burning
natural gas and 1.5 lbs NOX/MMBTU when burning coal or a
mixture of coal and natural gas.
(4) The NOX reduction control technology shall be
installed on United Taconite Grate Kiln Line 2 furnace no later than 44
months from May 12, 2016.
(5) Commencing on the earlier of: Six months from the installation
of the NOX reduction control technology or 44 months from May
12, 2016, the owner or operator must provide to EPA the results from
pellet quality analyses. The owner or operator shall provide the results
from pellet quality analyses no later than 30 days from the end of each
calendar quarter up until 52 months after May 12, 2016. Any remaining
results through the end of the 52nd
[[Page 272]]
month, that do not fall within a calendar quarter, must be submitted to
EPA no later than 30 days from the end of the 52nd month. The pellet
quality analyses shall include results for the following factors:
Compression, reducibility, before tumble, after tumble, and low
temperature disintegration. For each of the pellet quality analysis
factors, the owner or operator must explain the pellet quality analysis
factor, as well as the defined acceptable range for each factor using
the applicable product quality standards based upon customers' pellet
specifications that are contained in United Taconite's ISO 9001 quality
management system. The owner or operator shall provide pellet quality
analysis testing results that state the date and time of the analysis
and, in order to define the time period when pellets were produced
outside of the defined acceptable range for the pellet quality factors
listed, provide copies of the production logs that document the starting
and ending times for such periods. The owner or operator shall provide
an explanation of causes for pellet samples that fail to meet the
acceptable range for any pellet quality analysis factor. Pellet quality
information and data may be submitted to EPA as Confidential Business
Information.
(6) No later than 52 months after May 12, 2016, the owner or
operator may submit to EPA a report to either confirm or modify the
NOX limits for United Taconite Grate Kiln Line 2 within the
upper and lower bounds described below. EPA will review the report and
either confirm or modify the NOX limits. If the CEMS data
collected during operating periods between months 44 and 52 that both
meet pellet quality specifications and proper furnace/burner operation
is normally distributed, the limit adjustment determination shall be
based on the appropriate (depending upon whether data are statistically
independent or dependent) 95% upper predictive limit (UPL) equations in
paragraph (f) of this section. If the CEMS data collected during
operating periods between months 44 and 52 that both meet pellet quality
specifications and proper furnace/burner operation are not normally
distributed, the limit adjustment determination shall be based on the
non-parametric equation provided in paragraph (f) of this section. The
data set for the determination shall exclude periods when pellet quality
did not fall within the defined acceptable ranges of the pellet quality
factors identified pursuant to paragraph (b)(1)(iv)(B)(5) of this
section and for any subsequent period when production had been reduced
in response to pellet quality concerns consistent with United Taconite's
ISO 9001 operating standards. Any excluded period will commence at the
time documented on the production log demonstrating pellet quality did
not fall within the defined acceptable range, and shall end when pellet
quality within the defined acceptable range has been re-established at
planned production levels, which will be presumed to be the level that
existed immediately prior to the reduction in production due to pellet
quality concerns. EPA may also exclude data where operations are
inconsistent with the reported design parameters of the NOX
reduction control technology that were installed.
(7) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limits in the Federal
Register no later than 55 months after May 12, 2016. The confirmed or
modified NOX limit for United Taconite Grate Kiln Line 2 when
burning only natural gas may be no lower than 2.8 lbs NOX/
MMBTU, based on a 720-hour rolling average, and may not exceed 3.0 lbs
NOX/MMBTU, based on a 720-hour rolling average. The confirmed
or modified NOX limit for United Taconite Grate Kiln Line 2
when burning coal or a mixture of coal and natural gas may be no lower
than 1.5 lbs NOX/MMBTU, based on a 720-hour rolling average,
and may not exceed 2.5 lbs NOX/MMBTU, based on a 720-hour
rolling average.
(8) If the owner or operator submits a report proposing a single
NOX limit for all fuels, EPA may approve the proposed
NOX limit for all fuels based on a 30-day rolling average.
The confirmed or modified limit will be established and enforceable
within 55 months from May 12, 2016.
[[Page 273]]
(v) ArcelorMittal USA--(A) ArcelorMittal Minorca Mine. (1) An
emission limit of 1.2 lbs NOX/MMBTU, based on a 30-day
rolling average, shall apply to the ArcelorMittal Minorca Mine
indurating furnace when burning natural gas. This emission limit will
become enforceable 55 months after May 12, 2016 and only after EPA's
confirmation or modification of the emission limit in accordance with
the procedures set forth in paragraphs (b)(1)(v)(A)(2) through (7) of
this section.
(2) Compliance with this emission limit will be demonstrated with
data collected by a continuous emissions monitoring system (CEMS) for
NOX. The owner or operator of the ArcelorMittal Minorca Mine
indurating furnace must install a CEMS for NOX and
SO2 within six months from May 12, 2016. The owner or
operator must start collecting CEMS data and submit the data to EPA no
later than 30 days from the end of each calendar quarter after that
installation deadline. Any remaining data through the end of the 52nd
month from May 12, 2016, that does not fall within a calendar quarter,
must be submitted to EPA no later than 30 days from the end of the 52nd
month. Although CEMS data must continue to be collected, it does not
need to be submitted to EPA starting 52 months after May 12, 2016.
(3) No later than 42 months after May 12, 2016 the owner or operator
must submit to EPA a report, including any final report(s) completed by
the selected NOX reduction technology supplier and furnace
retrofit engineer, containing a detailed engineering analysis and
modeling of the NOX reduction control technology being
installed on the ArcelorMittal Minorca Mine indurating furnace. The
NOX reduction control technology must be designed to meet an
emission limit of 1.2 lbs NOX/MMBTU. This report must include
a list of all process and control technology variables that can
reasonably be expected to have an impact on NOX emissions
control technology performance, as well as a description of how these
variables can be adjusted to reduce NOX emissions to meet the
NOX design emission limit.
(4) The NOX reduction control technology shall be
installed on the ArcelorMittal Minorca Mine indurating furnace no later
than 44 months after May 12, 2016.
(5) Commencing on the earlier of: Six months from the installation
of the NOX reduction control technology; or 44 months from
May 12, 2016, the owner or operator must provide to EPA the results from
pellet quality analyses. The owner or operator shall provide the results
from pellet quality analyses no later than 30 days from the end of each
calendar quarter up until 52 months after May 12, 2016. Any remaining
results through the end of the 52nd month from May 12, 2016, that do not
fall within a calendar quarter, must be submitted to EPA no later than
30 days from the end of the 52nd month. The pellet quality analyses
shall include results for the following factors: Compression,
reducibility, before tumble, after tumble, low temperature
disintegration, and contraction. For each of the pellet quality analysis
factors, the owner or operator must explain the pellet quality analysis
factor, as well as the defined acceptable range for each factor using
the applicable product quality standards based upon customers' pellet
specifications that are contained in the ArcelorMittal Minorca Mine's
Standard Product Parameters. The owner or operator shall provide pellet
quality analysis testing results that state the date and time of the
analysis and, in order to define the time period when pellets were
produced outside of the defined acceptable range for the pellet quality
factors listed, provide copies of production or scale data that document
the starting and ending times for such periods. The owner or operator
shall provide an explanation of causes for pellet samples that fail to
meet the acceptable range for any pellet quality analysis factor. Pellet
quality information and data may be submitted to EPA as Confidential
Business Information.
(6) No later than 52 months after May 12, 2016, the owner or
operator may submit to EPA a report to either confirm or modify the
NOX limits for the ArcelorMittal Minorca Mine indurating
furnace within the upper and lower bounds described below. EPA
[[Page 274]]
will review the report and either confirm or modify the NOX
limits. If the CEMS data collected during operating periods between
months 44 and 52 that both meet pellet quality specifications and proper
furnace/burner operation is normally distributed, the limit adjustment
determination shall be based on the appropriate (depending upon whether
data are statistically independent or dependent) 95% upper predictive
limit (UPL) equations in paragraph (f) of this section. If the CEMS data
collected during operating periods between months 44 and 52 that both
meet pellet quality specifications and proper furnace/burner operation
are not normally distributed, the limit adjustment determination shall
be based on the non-parametric equation provided in paragraph (f) of
this section. The data set for the determination shall exclude periods
when pellet quality did not fall within the defined acceptable ranges of
the pellet quality factors identified pursuant to paragraph
(b)(1)(v)(A)(5) of this section and for any subsequent period when
production has been reduced in response to pellet quality concerns
consistent with the ArcelorMittal Minorca Mine's Standard Product
Parameters. Any excluded period will commence at the time documented in
related quality reports demonstrating that pellet quality did not fall
within the defined acceptable range and shall end when pellet quality
within the defined acceptable range has been re-established at planned
production levels, which will be presumed to be the level that existed
immediately prior to the reduction in production due to pellet quality
concerns. EPA may also exclude data where operations are inconsistent
with the reported design parameters of the NOX reduction
control technology installed.
(7) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limit in the Federal
Register no later than 55 months after May 12, 2016. The confirmed or
modified NOX limit for the ArcelorMittal Minorca Mine
indurating furnace when burning only natural gas may be no lower than
1.2 lbs NOX/MMBTU, based on a 30-day rolling average, and may
not exceed 1.8 lbs NOX/MMBTU, based on a 30-day rolling
average.
(B) [Reserved]
(vi) Northshore Mining Company- Silver Bay: An emission limit of 1.5
lbs NOX/MMBtu, based on a 30-day rolling average, shall apply
to Furnace 11 (EU100/EU104) beginning 26 months from March 8, 2013. An
emission limit of 1.5 lbs NOX/MMBtu, based on a 30-day
rolling average, shall apply to Furnace 12 (EU110/114) beginning 38
months from March 8, 2013. However, for any 30, or more, consecutive
days when only natural gas is used at either Northshore Mining Furnace
11 or Furnace 12, a limit of 1.2 lbs NOX/MMBtu, based on a
30-day rolling average, shall apply. An emission limit of 0.085 lbs/
MMBtu, based on a 30-day rolling average, shall apply to Process Boiler
1 (EU003) and Process Boiler 2 (EU004) beginning 5 years from March 8,
2013. The 0.085 lbs/MMBtu emission limit for each process boiler applies
at all times a unit is operating, including periods of start-up, shut-
down and malfunction.
(2) SO2 emission limits. (i) United States Steel
Corporation, Keetac: An emission limit of 225 lbs SO2/hr,
based on a 30-day rolling average, shall apply to the Grate Kiln
pelletizing furnace (EU030). Any coal burned at Keetac shall have a
sulfur content of 0.60 percent sulfur by weight or less based on a
monthly block average. The sampling and calculation methodology for
determining the sulfur content of fuel must be described in the
monitoring plan required at paragraph (e)(8)(x) of this section.
Compliance with these requirements for EU030 is required beginning 3
months from March 8, 2013.
(ii) Hibbing Taconite Company: An aggregate emission limit of 247.8
lbs SO2/hr shall apply to the three affected lines, EU020,
EU021, and EU022. The SO2 emission limits for these three
pelletizing furnaces are based on a 30-day rolling average. Emissions
resulting from the combustion of fuel oil are not included in the
calculation of the 30-day rolling average. However, if any fuel oil is
burned after the first day that SO2 CEMS are required to be
operational, then the information specified in (b)(2)(vii) must be
submitted, for each calendar year, to the Regional Administrator no
later than 30 days after
[[Page 275]]
the end of each calendar year so that a limit can be set. Compliance
with the emission limits is required beginning 6 months from March 8,
2013. Within 20 months of March 8, 2013, the owner or operator may
calculate a revised SO2 limit based on one year of hourly
CEMS emissions data reported in lbs SO2/hr and submit such
limit, calculations and CEMS data to EPA. This limit shall be set in
terms of lbs SO2/hr, based on the following equations, with
compliance to be determined on a 30-day rolling average.
m = (n + 1)*[alpha]
m = the rank of the ordered data point, when data is sorted smallest to
largest
n=[alpha] number of data points
[alpha] = 0.95, to reflect the 95\th\ percentile
If m is a whole number, then the limit, UPL, shall be computed as:
UPL = Xm,
Where:
X.m value of the m\th\ data point in terms of lbs
SO2/hr, when the data is sorted smallest to
largest.
If m is not a whole number, the limit shall be computed by linear
interpolation according to the following equation.
[GRAPHIC] [TIFF OMITTED] TR06FE13.004
Where:
m=[Igr] the integer portion of m, i.e., m truncated at zero
decimal places, and
m=d the decimal portion of m
(iii) United States Steel Corporation, Minntac: An aggregate
emission limit for indurating furnace Lines 3-7 (EU225, EU261, EU282,
EU315, and EU334) of 498 lbs SO2/hr shall apply when all
lines are producing flux pellets. An aggregate emission limit of 630 lbs
SO2/hr shall apply to Lines 3-7 when Line 3-5 are producing
acid pellets and Lines 6 and 7 are producing flux pellets. An aggregate
emission limit of 800 lbs SO2/hr shall apply to Lines 3-7
when all lines are producing acid pellets. The SO2 emission
limits are based on a 30-day rolling average and apply beginning 3
months from March 8, 2013. The emission limit for a given 30-day rolling
average period is calculated using a weighted average as follows:
[GRAPHIC] [TIFF OMITTED] TR06FE13.005
Where:
L30 = the limit for a given 30 day averaging period
nf = the number of days in the 30 day period that the facility is
producing flux pellets on lines 3-7
naf = the number of days in the 30 day period that the facility is
producing acid pellets on lines 3-5 and flux pellets on lines 6 and 7
na = the number of days in the 30 day period that the facility is
producing acid pellets on lines 3-7
Also, beginning 3 months from March 8, 2013, any coal burned at
Minntac's Lines 3-7 shall have a sulfur content of 0.60 percent sulfur
by weight or less based on a monthly block average. The sampling and
calculation methodology for determining the sulfur content of fuel must
be described in the monitoring plan required at paragraph (e)(8)(x) of
this section.
(iv) United Taconite: An aggregate emission limit of 529.0 lbs
SO2/hr, based on a 30-day rolling average, shall apply to the
Line 1 pellet furnace (EU040) and Line 2 pellet furnace (EU042)
beginning six months after May 12, 2016. Compliance with this aggregate
emission limit shall be demonstrated with data collected by a continuous
emissions monitoring system (CEMS) for SO2. The owner or
operator must start collecting CEMS data for SO2 beginning
six months after May 12, 2016 and submit the data to EPA no later than
30
[[Page 276]]
days from the end of each calendar quarter. Beginning six months after
May 12, 2016, any coal burned on UTAC Grate Kiln Line 1 or Line 2 shall
have no more than 1.5 percent sulfur by weight based on a monthly block
average. The sampling and calculation methodology for determining the
sulfur content of coal must be described in the monitoring plan required
for this furnace.
(v) ArcelorMittal Minorca Mine: An emission limit of 38.16 lbs
SO2/hr, based on a 30-day rolling average, shall apply to the
indurating furnace (EU026) beginning 6 months from March 8, 2013. This
limit shall not apply when the unit is combusting fuel oil. However, if
any fuel oil is burned after the first day that SO2 CEMS are
required to be operational, then the information specified in paragraph
(b)(2)(vii) of this section must be submitted, for each calendar year,
to the Regional Administrator no later than 30 days after the end of
each calendar year so that a limit can be set. Within 20 months of March
8, 2013, the owner or operator may calculate a revised SO2
limit based on one year of hourly CEMS emissions data reported in lbs
SO2/hr and submit such limit, calculations, and CEMS data to
EPA. This limit shall be set in terms of lbs SO2/hr, based on
the following equations, with compliance to be determined on a 30-day
rolling average.
m = (n + 1) * [alpha]
m = the rank of the ordered data point, when data is sorted smallest to
largest
n = number of data points
[alpha] = 0.95, to reflect the 95\th\ percentile
If m is a whole number, then the limit, UPL, shall be computed as:
UPL = Xm,
Where:
xm = value of the m\th\ data point in terms of lbs SO2/hr,
when the data is sorted smallest to largest
If m is not a whole number, the limit shall be computed by linear
interpolation according to the following equation.
[GRAPHIC] [TIFF OMITTED] TR06FE13.006
Where:
mi = the integer portion of m, i.e., m truncated at zero decimal places,
and
m[alpha] = the decimal portion of m
(vi) Northshore Mining Company--Silver Bay: An aggregate emission
limit of 39.0 lbs SO2/hr, based on a 30-day rolling average,
shall apply to Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114).
Compliance with this limit is required within 6 months. Emissions
resulting from the combustion of fuel oil are not included in the
calculation of the 30-day rolling average. However, if any fuel oil is
burned after the first day that SO2 CEMS are required to be
operational, then the information specified in paragraph (b)(2)(vii) of
this section must be submitted, for each calendar year, to the Regional
Administrator no later than 30 days after the end of each calendar year
so that a limit can be set. Within 20 months of March 8, 2013, the owner
or operator must calculate a revised SO2 limit based on one
year of hourly CEMS emissions data reported in lbs SO2/hr and
submit such limit, calculations and CEMS data to EPA. This limit shall
be set in terms of lbs SO2/hr, based on the following
equations, with compliance to be determined on a 30-day rolling average.
m = (n + 1) * [alpha]
m = the rank of the ordered data point, when data is sorted smallest to
largest
n = number of data points
[alpha] = 0.95, to reflect the 95th percentile
If m is a whole number, then the limit, UPL, shall be computed as:
UPL = Xm,
Where:
xm = value of the m\th\ data point in terms of lbs SO2/hr,
when the data is sorted smallest to largest
If m is not a whole number, the limit shall be computed by linear
interpolation according to the following equation.
[[Page 277]]
[GRAPHIC] [TIFF OMITTED] TR06FE13.007
Where:
mi = the integer portion of m, i.e., m truncated at zero decimal places,
and
m[alpha] = the decimal portion of m
(vii) Starting with the first day that SO2 CEMS are
required to be operational, for the facilities listed in paragraphs
(b)(2)(i)-(b)(2)(vi) of this section, records shall be kept for any day
during which fuel oil is burned (either alone or blended with other
fuels) in one or more of a facility's indurating furnaces. These records
must include, at a minimum, the gallons of fuel oil burned per hour, the
sulfur content of the fuel oil, and the SO2 emissions in
pounds per hour. If any fuel oil is burned after the first day that
SO2 CEMS are required to be operational, then the records
must be submitted, for each calendar year, to the Regional Administrator
no later than 30 days after the end of each calendar year.
(c) Testing and monitoring. (1) The owner or operator of the
respective facility shall install, certify, calibrate, maintain and
operate continuous emissions monitoring systems (CEMS) for
NOX on United States Steel Corporation, Keetac unit EU030;
Hibbing Taconite Company units EU020, EU021, and EU022; United States
Steel Corporation, Minntac units EU225, EU261, EU282, EU315, and EU334;
United Taconite units EU040 and EU042; ArcelorMittal Minorca Mine unit
EU026; and Northshore Mining Company-Silver Bay units Furnace 11 (EU100/
EU104) and Furnace 12 (EU110/EU114). Compliance with the emission limits
for NOX shall be determined using data from the CEMS.
(2) The owner or operator shall install, certify, calibrate,
maintain, and operate CEMS for SO2 on United States Steel
Corporation, Keetac unit EU030; Hibbing Taconite Company units EU020,
EU021, and EU022; United States Steel Corporation, Minntac units EU225,
EU261, EU282, EU315, and EU334; United Taconite units EU040 and EU042;
ArcelorMittal Minorca Mine unit EU026; and Northshore Mining Company-
Silver Bay units Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114).
(3) The owner or operator shall install, certify, calibrate,
maintain, and operate one or more continuous diluent monitor(s)
(O2 or CO2) and continuous flow rate monitor(s) on
the BART affected units to allow conversion of the NOX and
SO2 concentrations to units of the standard (lbs/MMBTU and
lbs/hr, respectively) unless a demonstration is made that a diluent
monitor and continuous flow rate monitor are not needed for the owner or
operator to demonstrate compliance with applicable emission limits in
units of the standards.
(4) For purposes of this section, all CEMS required by this section
must meet the requirements of paragraphs (c)(4)(i) through (xiv) of this
section.
(i) All CEMS must be installed, certified, calibrated, maintained,
and operated in accordance with 40 CFR part 60, appendix B, Performance
Specification 2 (PS-2) and appendix F, Procedure 1.
(ii) CEMS must be installed and operational as follows:
(A) All CEMS associated with monitoring NOX (including
the NOX monitor and necessary diluent and flow rate monitors)
at the following facilities: U.S. Steel Keetac, U.S. Steel Minntac, and
Northshore Mining Company-Silver Bay, must be installed and operational
no later than the unit specific compliance dates for the emission limits
identified at paragraphs (b)(1)(i), (iii) and (vi) of this section,
respectively.
(B) All CEMS associated with monitoring NOX (including
the NOX monitor and necessary diluent and flow rate monitors)
at the following facilities: Hibbing Taconite Company, United Taconite,
and ArcelorMittal Minorca Mine, must be installed and operational no
later than the unit specific installation dates for the installation and
operation of CEMS identified at paragraphs (b)(1)(ii), (iv) and (v) of
this section, respectively.
(C) All CEMS associated with monitoring SO2 at the
following facilities:
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U.S. Steel Keetac, U.S. Steel Minntac, and Northshore Mining Company-
Silver Bay, must be installed and operational no later than six months
after May 12, 2016.
(D) All CEMS associated with monitoring SO2 at the
following facilities: Hibbing Taconite Company, United Taconite, and
ArcelorMittal Minorca Mine, must be installed and operational no later
than six months after May 12, 2016.
(E) The operational status of the CEMS identified in paragraphs
(c)(1) and (2) of this section shall be verified by, as a minimum,
completion of the manufacturer's written requirements or recommendations
for installation, operation, and calibration of the devices.
(iii) The owner or operator must conduct a performance evaluation of
each CEMS in accordance with 40 CFR part 60, appendix B, PS-2. The
performance evaluations must be completed no later than 60 days after
the respective CEMS installation.
(iv) The owner or operator of each CEMS must conduct periodic
Quality Assurance, Quality Control (QA/QC) checks of each CEMS in
accordance with 40 CFR part 60, appendix F, Procedure 1. The first CEMS
accuracy test will be a relative accuracy test audit (RATA) and must be
completed no later than 60 days after the respective CEMS installation.
(v) The owner or operator of each CEMS must furnish the Regional
Administrator two, or upon request, more copies of a written report of
the results of each performance evaluation and QA/QC check within 60
days of completion.
(vi) The owner or operator of each CEMS must check, record, and
quantify the zero and span calibration drifts at least once daily (every
24 hours) in accordance with 40 CFR part 60, appendix F, Procedure 1,
Section 4.
(vii) Except for CEMS breakdowns, repairs, calibration checks, and
zero and span adjustments, all CEMS required by this section shall be in
continuous operation during all periods of BART affected process unit
operation, including periods of process unit startup, shutdown, and
malfunction.
(viii) All CEMS required by this section must meet the minimum data
requirements at paragraphs (c)(4)(viii)(A) through (C) of this section.
(A) Complete a minimum of one cycle of operation (sampling,
analyzing, and data recording) for each successive 15-minute quadrant of
an hour.
(B) Sample, analyze, and record emissions data for all periods of
process operation except as described in paragraph (c)(4)(viii)(C) of
this section.
(C) When emission data from CEMS are not available due to continuous
monitoring system breakdowns, repairs, calibration checks, or zero and
span adjustments, emission data must be obtained using other monitoring
systems or emission estimation methods approved by the EPA. The other
monitoring systems or emission estimation methods to be used must be
incorporated into the monitoring plan required by this section and
provide information such that emissions data are available for a minimum
of 18 hours in each 24-hour period and at least 22 out of 30 successive
unit operating days.
(ix) Owners or operators of each CEMS required by this section must
reduce all data to 1-hour averages. Hourly averages shall be computed
using all valid data obtained within the hour but no less than one data
point in each 15-minute quadrant of an hour. Notwithstanding this
requirement, an hourly average may be computed from at least two data
points separated by a minimum of 15 minutes (where the unit operates for
more than one quadrant in an hour) if data are unavailable as a result
of performance of calibration, quality assurance, preventive maintenance
activities, or backups of data from data acquisition and handling
systems and recertification events.
(x) The 30-day rolling average emission rate determined from data
derived from the CEMS required by this section (in lbs/MMBTU or lbs/hr
depending on the emission standard selected) must be calculated in
accordance with paragraphs (c)(4)(x)(A) through (F) of this section.
(A) Sum the total pounds of the pollutant in question emitted from
the unit during an operating day and the previous 29 operating days.
[[Page 279]]
(B) Sum the total heat input to the unit (in MMBTU) or the total
actual hours of operation (in hours) during an operating day and the
previous 29 operating days.
(C) Divide the total number of pounds of the pollutant in question
emitted during the 30 operating days by the total heat input (or actual
hours of operation depending on the emission limit selected) during the
30 operating days.
(D) For purposes of this calculation, an operating day is any day
during which fuel is combusted in the BART affected unit regardless of
whether pellets are produced. Actual hours of operation are the total
hours a unit is firing fuel regardless of whether a complete 24-hour
operational cycle occurs (i.e. if the furnace is firing fuel for only
five hours during a 24-hour period, then the actual operating hours for
that day are five. Similarly, total number of pounds of the pollutant in
question for that day is determined only from the CEMS data for the five
hours during which fuel is combusted.)
(E) If the owner or operator of the CEMS required by this section
uses an alternative method to determine 30-day rolling averages, that
method must be described in detail in the monitoring plan required by
this section. The alternative method will only be applicable if the
final monitoring plan and the alternative method are approved by EPA.
(F) A new 30-day rolling average emission rate must be calculated
for each new operating day.
(xi) The 720-hour rolling average emission rate determined from data
derived from the CEMS required by this section (in lbs/MMBTU) must be
calculated in accordance with (c)(4)(xi)(A) through (C).
(A) Sum the total pounds of NOX emitted from the unit
every hour and the previous (not necessarily consecutive) 719 hours for
which that type of fuel (either natural gas or mixed coal and natural
gas) was used.
(B) Sum the total heat input to the unit (in MMBTU) every hour and
the previous (not necessarily consecutive) 719 hours for which that type
of fuel (either natural gas or mixed coal and natural gas) was used.
(C) Divide the total number of pounds of NOX emitted
during the 720 hours, as defined above, by the total heat input during
the same 720 hour period. This calculation must be done separately for
each fuel type (either for natural gas or mixed coal and natural gas).
(xii) Data substitution must not be used for purposes of determining
compliance under this section.
(xiii) All CEMS data shall be reduced and reported in units of the
applicable standard.
(xiv) A Quality Control Program must be developed and implemented
for all CEMS required by this section in accordance with 40 CFR part 60,
appendix F, Procedure 1, Section 3. The program will include, at a
minimum, written procedures and operations for calibration checks,
calibration drift adjustments, preventative maintenance, data
collection, recording and reporting, accuracy audits/procedures,
periodic performance evaluations, and a corrective action program for
malfunctioning CEMS.
(d) Recordkeeping requirements. (1)(i) Records required by this
section must be kept in a form suitable and readily available for
expeditious review.
(ii) Records required by this section must be kept for a minimum of
five years following the date of creation.
(iii) Records must be kept on site for at least two years following
the date of creation and may be kept offsite, but readily accessible,
for the remaining three years.
(2) The owner or operator of the BART affected units must maintain
the records at paragraphs (d)(2)(i) through (xi) of this section.
(i) A copy of each notification and report developed for and
submitted to comply with this section including all documentation
supporting any initial notification or notification of compliance status
submitted according to the requirements of this section.
(ii) Records of the occurrence and duration of startup, shutdown,
and malfunction of the BART affected units, air pollution control
equipment, and CEMS required by this section.
(iii) Records of activities taken during each startup, shutdown, and
malfunction of the BART affected unit, air
[[Page 280]]
pollution control equipment, and CEMS required by this section.
(iv) Records of the occurrence and duration of all major maintenance
conducted on the BART affected units, air pollution control equipment,
and CEMS required by this section.
(v) Records of each excess emission report, including all
documentation supporting the reports, dates and times when excess
emissions occurred, investigations into the causes of excess emissions,
actions taken to minimize or eliminate the excess emissions, and
preventative measures to avoid the cause of excess emissions from
occurring again.
(vi) Records of all CEMS data including, as a minimum, the date,
location, and time of sampling or measurement, parameters sampled or
measured, and results.
(vii) All records associated with quality assurance and quality
control activities on each CEMS as well as other records required by 40
CFR part 60, appendix F, Procedure 1 including, but not limited to, the
quality control program, audit results, and reports submitted as
required by this section.
(viii) Records of the NOX emissions during all periods of
BART affected unit operation, including startup, shutdown, and
malfunction in the units of the standard. The owner or operator shall
convert the monitored data into the appropriate unit of the emission
limitation using appropriate conversion factors and F-factors. F-factors
used for purposes of this section shall be documented in the monitoring
plan and developed in accordance with 40 CFR part 60, appendix A, Method
19. The owner or operator may use an alternate method to calculate the
NOX emissions upon written approval from EPA.
(ix) Records of the SO2 emissions in lbs/MMBTUs or lbs/
hr(based on CEMS data), depending on the emission standard selected,
during all periods of operation, including periods of startup, shutdown,
and malfunction, in the units of the standard.
(x) Records associated with the CEMS unit including type of CEMS,
CEMS model number, CEMS serial number, and initial certification of each
CEMS conducted in accordance with 40 CFR part 60, appendix B,
Performance Specification 2 must be kept for the life of the CEMS unit.
(xi) Records of all periods of fuel oil usage as required at
paragraph (b)(2)(vii) of this section.
(e) Reporting requirements. (1) All requests, reports, submittals,
notifications, and other communications to the Regional Administrator
required by this section shall be submitted, unless instructed
otherwise, to the Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5 (A-18J), at 77 West Jackson Boulevard,
Chicago, Illinois 60604.
(2) The owner or operator of each BART affected unit identified in
this section and CEMS required by this section must provide to the
Regional Administrator the written notifications, reports and plans
identified at paragraphs (e)(2)(i) through (viii) of this section. If
acceptable to both the Regional Administrator and the owner or operator
of each BART affected unit identified in this section and CEMS required
by this section the owner or operator may provide electronic
notifications, reports, and plans.
(i) A notification of the date construction of control devices and
installation of burners required by this section commences postmarked no
later than 30 days after the commencement date.
(ii) A notification of the date the installation of each CEMS
required by this section commences postmarked no later than 30 days
after the commencement date.
(iii) A notification of the date the construction of control devices
and installation of burners required by this section is complete
postmarked no later than 30 days after the completion date.
(iv) A notification of the date the installation of each CEMS
required by this section is complete postmarked no later than 30 days
after the completion date.
(v) A notification of the date control devices and burners installed
by this section startup postmarked no later than 30 days after the
startup date.
[[Page 281]]
(vi) A notification of the date CEMS required by this section
startup postmarked no later than 30 days after the startup date.
(vii) A notification of the date upon which the initial CEMS
performance evaluations are planned. This notification must be submitted
at least 60 days before the performance evaluation is scheduled to
begin.
(viii) A notification of initial compliance, signed by the
responsible official who shall certify its accuracy, attesting to
whether the source has complied with the requirements of this section,
including, but not limited to, applicable emission standards, control
device and burner installations, CEMS installation and certification.
This notification must be submitted before the close of business on the
60th calendar day following the completion of the compliance
demonstration and must include, at a minimum, the information at
paragraphs (e)(2)(viii)(A) through (F) of this section.
(A) The methods used to determine compliance.
(B) The results of any CEMS performance evaluations, and other
monitoring procedures or methods that were conducted.
(C) The methods that will be used for determining continuing
compliance, including a description of monitoring and reporting
requirements and test methods.
(D) The type and quantity of air pollutants emitted by the source,
reported in units of the standard.
(E) A description of the air pollution control equipment and burners
installed as required by this section, for each emission point.
(F) A statement by the owner or operator as to whether the source
has complied with the relevant standards and other requirements.
(3) The owner or operator must develop and implement a written
startup, shutdown, and malfunction plan for NOX and
SO2. The plan must include, at a minimum, procedures for
operating and maintaining the source during periods of startup,
shutdown, and malfunction; and a program of corrective action for a
malfunctioning process and air pollution control and monitoring
equipment used to comply with the relevant standard. The plan must
ensure that, at all times, the owner or operator operates and maintains
each affected source, including associated air pollution control and
monitoring equipment, in a manner which satisfies the general duty to
minimize or eliminate emissions using good air pollution control
practices. The plan must ensure that owners or operators are prepared to
correct malfunctions as soon as practicable after their occurrence.
(4) The written reports of the results of each performance
evaluation and QA/QC check in accordance with and as required by
paragraph (c)(4)(v) of this section.
(5) Compliance reports. The owner or operator of each BART affected
unit must submit semiannual compliance reports. The semiannual
compliance reports must be submitted in accordance with paragraphs
(e)(5)(i) through (iv) of this section, unless the Administrator has
approved a different schedule.
(i) The first compliance report must cover the period beginning on
the compliance date that is specified for the affected source through
June 30 or December 31, whichever date comes first after the compliance
date that is specified for the affected source.
(ii) The first compliance report must be postmarked no later than 30
calendar days after the reporting period covered by that report (July 30
or January 30), whichever comes first.
(iii) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(iv) Each subsequent compliance report must be postmarked no later
than 30 calendar days after the reporting period covered by that report
(July 30 or January 30).
(6) Compliance report contents. Each compliance report must include
the information in paragraphs (e)(6)(i) through (vi) of this section.
(i) Company name and address.
(ii) Statement by a responsible official, with the official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
[[Page 282]]
(iii) Date of report and beginning and ending dates of the reporting
period.
(iv) Identification of the process unit, control devices, and CEMS
covered by the compliance report.
(v) A record of each period of startup, shutdown, or malfunction
during the reporting period and a description of the actions the owner
or operator took to minimize or eliminate emissions arising as a result
of the startup, shutdown or malfunction and whether those actions were
or were not consistent with the source's startup, shutdown, and
malfunction plan.
(vi) A statement identifying whether there were or were not any
deviations from the requirements of this section during the reporting
period. If there were deviations from the requirements of this section
during the reporting period, then the compliance report must describe in
detail the deviations which occurred, the causes of the deviations,
actions taken to address the deviations, and procedures put in place to
avoid such deviations in the future. If there were no deviations from
the requirements of this section during the reporting period, then the
compliance report must include a statement that there were no
deviations. For purposes of this section, deviations include, but are
not limited to, emissions in excess of applicable emission standards
established by this section, failure to continuously operate an air
pollution control device in accordance with operating requirements
designed to assure compliance with emission standards, failure to
continuously operate CEMS required by this section, and failure to
maintain records or submit reports required by this section.
(7) Each owner or operator of a CEMS required by this section must
submit quarterly excess emissions and monitoring system performance
reports for each pollutant monitored for each BART affected unit
monitored. All reports must be postmarked by the 30th day following the
end of each three-month period of a calendar year (January-March, April-
June, July-September, October-December) and must include, at a minimum,
the requirements at paragraphs (e)(7)(i) through (xv) of this section.
(i) Company name and address.
(ii) Identification and description of the process unit being
monitored.
(iii) The dates covered by the reporting period.
(iv) Total source operating hours for the reporting period.
(v) Monitor manufacturer, monitor model number, and monitor serial
number.
(vi) Pollutant monitored.
(vii) Emission limitation for the monitored pollutant.
(viii) Date of latest CEMS certification or audit.
(ix) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.
(x) A table summarizing the total duration of excess emissions, as
defined at paragraphs (e)(7)(x)(A) through (B) of this section, for the
reporting period broken down by the cause of those excess emissions
(startup/shutdown, control equipment problems, process problems, other
known causes, unknown causes), and the total percent of excess emissions
(for all causes) for the reporting period calculated as described at
paragraph (e)(7)(x)(C) of this section.
(A) For purposes of this section, an excess emission is defined as
any 30-day or 720-hour rolling average period, including periods of
startup, shutdown, and malfunction, during which the 30-day or 720-hour
(as appropriate) rolling average emissions of either regulated pollutant
(SO2 and NOX), as measured by a CEMS, exceeds the
applicable emission standards in this section.
(B)(1) For purposes of this rule, if a facility calculates a 30-day
rolling average emission rate in accordance with this rule which exceeds
the applicable emission standards of this rule, then it will be
considered 30 days of excess emissions. If the following 30-day rolling
average emission rate is calculated and found to exceed the applicable
emission standards of this rule as well, then it will add one more day
to the total days of excess emissions (i.e. 31 days). Similarly, if an
excess emission is calculated for a 30-day rolling average period and no
additional excess emissions are calculated until 15 days after the
first, then that new excess emission will add 15 days to the total days
of excess emissions (i.e. 30 + 15 =
[[Page 283]]
45). For purposes of this section, if an excess emission is calculated
for any period of time within a reporting period, there will be no fewer
than 30 days of excess emissions but there should be no more than 121
days of excess emissions for a reporting period.
(2) For purposes of this section, if a facility calculates a 720-
hour rolling average emission rate in accordance with this rule which
exceeds the applicable emission standards of this section, then it will
be considered 30 days of excess emissions. If the 24th following 720-
hour rolling average emission rate is calculated and found to exceed the
applicable emission standards of the rule as well, then it will add one
more day to the total days of excess emissions (i.e. 31 days).
Similarly, if an excess emission is calculated for a 720-hour rolling
average period and no additional excess emissions are calculated until
360 hours after the first, then that new excess emission will add 15
days to the total days of excess emissions (i.e. 30+15 = 45). For
purposes of this section, if an excess emission is calculated for any
period of time with a reporting period, there will be no fewer than 30
days of excess emissions but there should be no more than 121 days of
excess emissions for a reporting period.
(C) For purposes of this section, the total percent of excess
emissions will be determined by summing all periods of excess emissions
(in days) for the reporting period, dividing that number by the total
BART affected unit operating days for the reporting period, and then
multiplying by 100 to get the total percent of excess emissions for the
reporting period. An operating day, as defined previously, is any day
during which fuel is fired in the BART affected unit for any period of
time. Because of the possible overlap of 30-day rolling average excess
emissions across quarters, there are some situations where the total
percent of excess emissions could exceed 100 percent. This extreme
situation would only result from serious excess emissions problems where
excess emissions occur for nearly every day during a reporting period.
(xi) A table summarizing the total duration of monitor downtime, as
defined at paragraph (e)(7)(xi)(A) of this section, for the reporting
period broken down by the cause of the monitor downtime (monitor
equipment malfunctions, non-monitor equipment malfunctions, quality
assurance calibration, other known causes, unknown causes), and the
total percent of monitor downtime (for all causes) for the reporting
period calculated as described at paragraph (e)(7)(xi)(B) of this
section.
(A) For purposes of this section, monitor downtime is defined as any
period of time (in hours) during which the required monitoring system
was not measuring emissions from the BART affected unit. This includes
any period of CEMS QA/QC, daily zero and span checks, and similar
activities.
(B) For purposes of this section, the total percent of monitor
downtime will be determined by summing all periods of monitor downtime
(in hours) for the reporting period, dividing that number by the total
number of BART affected unit operating hours for the reporting period,
and then multiplying by 100 to get the total percent of excess emissions
for the reporting period.
(xii) A table which identifies each period of excess emissions for
the reporting period and includes, at a minimum, the information in
paragraphs (e)(7)(xii)(A) through (F) of this section.
(A) The date of each excess emission.
(B) The beginning and end time of each excess emission.
(C) The pollutant for which an excess emission occurred.
(D) The magnitude of the excess emission.
(E) The cause of the excess emission.
(F) The corrective action taken or preventative measures adopted to
minimize or eliminate the excess emissions and prevent such excess
emission from occurring again.
(xiii) A table which identifies each period of monitor downtime for
the reporting period and includes, at a minimum, the information in
paragraphs (e)(7)(xiii)(A) through (D) of this section.
(A) The date of each period of monitor downtime.
(B) The beginning and end time of each period of monitor downtime.
[[Page 284]]
(C) The cause of the period of monitor downtime.
(D) The corrective action taken or preventative measures adopted for
system repairs or adjustments to minimize or eliminate monitor downtime
and prevent such downtime from occurring again.
(xiv) If there were no periods of excess emissions during the
reporting period, then the excess emission report must include a
statement which says there were no periods of excess emissions during
this reporting period.
(xv) If there were no periods of monitor downtime, except for daily
zero and span checks, during the reporting period, then the excess
emission report must include a statement which says there were no
periods of monitor downtime during this reporting period except for the
daily zero and span checks.
(8) The owner or operator of each CEMS required by this section must
develop and submit for review and approval by the Regional Administrator
a site specific monitoring plan. The purpose of this monitoring plan is
to establish procedures and practices which will be implemented by the
owner or operator in its effort to comply with the monitoring,
recordkeeping, and reporting requirements of this section. The
monitoring plan must include, at a minimum, the information at
paragraphs (e)(8)(i) through (x) of this section.
(i) Site specific information including the company name, address,
and contact information.
(ii) The objectives of the monitoring program implemented and
information describing how those objectives will be met.
(iii) Information on any emission factors used in conjunction with
the CEMS required by this section to calculate emission rates and a
description of how those emission factors were determined.
(iv) A description of methods to be used to calculate emission rates
when CEMS data are not available due to downtime associated with QA/QC
events.
(v) A description of the QA/QC program to be implemented by the
owner or operator of CEMS required by this section. This can be the QA/
QC program developed in accordance with 40 CFR part 60, appendix F,
Procedure 1, Section 3.
(vi) A list of spare parts for CEMS maintained on site for system
maintenance and repairs.
(vii) A description of the procedures to be used to calculate 30-day
rolling averages and 720-hour rolling averages and example calculations
which show the algorithms used by the CEMS to calculate 30-day rolling
averages and 720-hour rolling averages.
(viii) A sample of the document to be used for the quarterly excess
emission reports required by this section.
(ix) A description of the procedures to be implemented to
investigate root causes of excess emissions and monitor downtime and the
proposed corrective actions to address potential root causes of excess
emissions and monitor downtime.
(x) A description of the sampling and calculation methodology for
determining the percent sulfur by weight as a monthly block average for
coal used during that month.
(f) Equations for establishing the upper predictive limit--(1)
Equation for normal distribution and statistically independent data.
[GRAPHIC] [TIFF OMITTED] TR12AP16.002
Where:
x = average or mean of hourly test run data;
t[(n-1),(0.95)] = t score, the one-tailed t value
of the Student's t distribution for a specific degree of
freedom (n-1) and a confidence level (0.95; 0.99 for Tilden
SO2)
s\2\ = variance of the hourly data set;
n = number of values (e.g. 5,760 if 8 months of valid lbs
NOX/MMBTU hourly values)
[[Page 285]]
m = number of values used to calculate the test average (m = 720 as per
averaging time)
(i) To determine if statistically independent, use the Rank von
Neumann Test on p. 137 of data Quality Assessment: Statistical Methods
for Practitioners EPA QA/G-9S.
(ii) Alternative to Rank von Neumann test to determine if data are
dependent, data are dependent if t test value is greater than t critical
value, where:
[GRAPHIC] [TIFF OMITTED] TR12AP16.003
[rho] = correlation between data points
t critical = t[(n-2),(0.95)] = t score, the two-
tailed t value of the Student's t distribution for a specific
degree of freedom (n-2) and a confidence level (0.95)
(iii) The Anderson-Darling normality test is used to establish
whether the data are normally distributed. That is, a distribution is
considered to be normally distributed when p 0.05.
(2) Non-parametric equation for data not normally distributed and
normally distributed but not statistically independent.
m = (n + 1) * [alpha]
m = the rank of the ordered data point, when data are sorted smallest to
largest. The data points are 720-hour averages for
establishing NOX limits.
n = number of data points (e.g., 5040 720-hourly averages for eight
months of valid NOX lbs/MMBTU values)
[alpha] = 0.95, to reflect the 95th percentile
If m is a whole number, then the limit, UPL, shall be computed as:
UPL = Xm
Where:
Xm = value of the mth data point in terms of lbs SO2/hr or
lbs NOX/MMBTU, when the data are sorted smallest to
largest.
If m is not a whole number, the limit shall be computed by linear
interpolation according to the following equation.
UPL = xm = xmi[middot]md = xmi + 0.md (xmi+1 - xmi)
Where:
mi = the integer portion of m, i.e., m truncated at zero decimal places,
and
md = the decimal portion of m
[78 FR 8738, Feb. 6, 2013, as amended at 81 FR 21687, Apr. 12, 2016]
Sec. 52.1236 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Regulation for visibility monitoring and new source review. The
provisions of Sec. 52.28 are hereby incorporated and made a part of the
applicable plan for the State of Minnesota.
(c) [Reserved]
(d) The requirements of section 169A of the Clean Air Act are not
met because the regional haze plan submitted by the state on December
30, 2009, and on May 8, 2012, does not meet the requirements of 40 CFR
51.308(e) with respect to NOX and SO2 emissions
from United States Steel Corporation, Keetac of Keewatin, Minnesota;
Hibbing taconite company of Hibbing, Minnesota; United States Steel
Corporation, Minntac of Mountain Iron, Minnesota; United Taconite, LLC
of Forbes, Minnesota; ArcelorMittal Minorca Mine, Inc. near Virginia,
Minnesota; and Northshore Mining Company-Silver Bay of Silver Bay,
Minnesota. The requirements for these facilities are satisfied by
complying with the requirements of Sec. 52.1235.
(e)(1) On and after the 30-boiler-operating-day period ending on
September 30, 2015, the owners and operators of the facility at 13999
Industrial Boulevard in Becker, Sherburne County, Minnesota, shall not
cause or permit the emission of SO2 from stack SV001 (serving
Units 1 and 2) to exceed 0.050 lbs/MMBTU as a 30-day rolling average.
[[Page 286]]
(2) On and after the 30-boiler-operating-day period ending on May
31, 2017, the owners and operators of the facility at 13999 Industrial
Boulevard in Becker, Sherburne County, Minnesota, shall not cause or
permit the emission of SO2 from Unit 3 to exceed 0.29 lbs/
MMBTU as a 30-day rolling average.
(3) The owners and operators of the facility at 13999 Industrial
Boulevard in Becker, Sherburne County, Minnesota, shall operate
continuous SO2 emission monitoring systems in compliance with
40 CFR 75, and the data from this emission monitoring shall be used to
determine compliance with the limits in this paragraph (e).
(4) For each boiler operating day, compliance with the 30-day
average limitations in paragraphs (e)(1) and (e)(2) of this section
shall be determined by summing total emissions in pounds for the period
consisting of the day and the preceding 29 successive boiler operating
days, summing total heat input in MMBTU for the same period, and
computing the ratio of these sums in lbs/MMBTU. Boiler operating day is
used to mean a 24-hour period between 12 midnight and the following
midnight during which any fuel is combusted at any time in the steam-
generating unit. It is not necessary for fuel to be combusted the entire
24-hour period. A boiler operating day with respect to the limitation in
paragraph (e)(1) of this section shall be a day in which fuel is
combusted in either Unit 1 or Unit 2. Bias adjustments provided for
under 40 CFR 75 appendix A shall be applied. Substitute data provided
for under 40 CFR 75 subpart D shall not be used.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
78 FR 59839, Sept. 30, 2013; 81 FR 11670, Mar. 7, 2016; 82 FR 3129, Jan.
10, 2017]
Sec. 52.1237 Control strategy: Carbon monoxide.
(a) The base year carbon monoxide emission inventory requirement of
section 187(a)(1) of the Clean Air Act, as amended in 1990, has been
satisfied for the following areas: Duluth Metropolitan Area and
Minneapolis-St. Paul Metropolitan Area.
(b) Approval--The 1993 carbon monoxide periodic emission inventory
requirement of section 187(a)(5) of the Clean Air Act, as amended in
1990, has been satisfied for the following areas: the counties of the
Twin cities seven county Metropolitan area (Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington), and Wright.
(c) Approval--On March 23, 1998, the Minnesota Pollution Control
Agency submitted a request to redesignate the Minneapolis/St. Paul CO
nonattainment area (consisting of portions of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, Washington, and Wright) to attainment for CO.
As part of the redesignation request, the State submitted a maintenance
plan as required by 175A of the Clean Air Act, as amended in 1990.
Elements of the section 175A maintenance plan include a base year (1996
attainment year) emission inventory for CO, a demonstration of
maintenance of the ozone NAAQS with projected emission inventories to
the year 2009, a plan to verify continued attainment, a contingency
plan, and an obligation to submit a subsequent maintenance plan revision
in 8 years as required by the Clean Air Act. If the area records a
violation of the CO NAAQS (which must be confirmed by the State),
Minnesota will implement one or more appropriate contingency measure(s)
which are contained in the contingency plan. The menu of contingency
measures includes oxygenated fuel, transportation control measures, or a
vehicle inspection and maintenance program. The redesignation request
and maintenance plan meet the redesignation requirements in section
107(d)(3)(E) and 175A of the Act as amended in 1990, respectively.
(d) Approval--On November 10, 2004, Minnesota submitted a revision
to the Carbon Monoxide (CO) maintenance plan for the Minneapolis-St.
Paul area. These plans revised 1996 and 2009 motor vehicle emission
inventories and 2009 Motor Vehicle Emissions Budgets (MVEB) recalculated
using the emissions factor model MOBILE6. The MVEB for transportation
conformity purposes for the Minneapolis-St. Paul maintenance area is
1961 tons per winter day of CO.
(e) Approval--On June 16, 2010, Minnesota submitted a carbon
monoxide (CO) limited maintenance plan for the
[[Page 287]]
Minneapolis-St. Paul area under section 175A of the CAA for the
continued attainment of the one hour and eight hour CO NAAQS.
(f) Approval--On July 16, 2015, the State of Minnesota submitted a
revision to their Particulate Matter State Implementation Plan. The
submittal establishes transportation conformity criteria and procedures
related to interagency consultation, and the enforceability of certain
transportation related control and mitigation measures.
[59 FR 47807, Sept. 19, 1994, as amended at 62 FR 55172, Oct. 23, 1997;
64 FR 58354, Oct. 29, 1999; 69 FR 71380, Dec. 9, 2004; 75 FR 54778,
Sept. 9, 2010; 80 FR 76865, Dec. 11, 2015]
Sec. 52.1238 Control strategy: Lead (Pb).
(a) Based upon EPA's review of the air quality data for the 3-year
period 2012 to 2014, EPA determined that the Eagan, Minnesota lead
nonattainment area attained the 2008 Lead National Ambient Air Quality
Standard (NAAQS). This clean data determination suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 2008 lead NAAQS.
(b) [Reserved]
[80 FR 51131, Aug. 24, 2015]
Sec. 52.1240 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source located within the
State of Minnesota and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an approval
by the Administrator of a revision to the Minnesota State Implementation
Plan (SIP) as meeting the requirements of CAIR for PM2.5
relating to NOX under Sec. 51.123 of this chapter, except to
the extent the Administrator's approval is partial or conditional or
unless such approval is under Sec. 51.123(p) of this chapter.
(2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of CAIR
NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
(b) Notwithstanding paragraph (a) of this section, such paragraph is
not applicable as it relates to sources in the State of Minnesota as of
December 3, 2009, except that:
(1) The owner and operator of each source referenced in such
paragraph in whose compliance account any allocation of CAIR
NOX allowances was recorded under the Federal CAIR
NOX Annual Trading Program in part 97 of this chapter shall
hold in that compliance account, as of midnight of December 3, 2009 and
with regard to each such recorded allocation, CAIR NOX
allowances that are usable in such trading program, issued for the same
year as the recorded allocation, and in the same amount as the recorded
allocation. The owner and operator shall hold such allowances for the
purpose of deduction by the Administrator under paragraph (b)(2) of this
section.
(2) After December 3, 2009, the Administrator will deduct from the
compliance account of each source in the State of Minnesota any CAIR
NOX allowances required to be held in that compliance account
under paragraph (b)(1) of this section. The Administrator will not
deduct, for purposes of implementing the stay, any other CAIR
NOX allowances held in that compliance account and, starting
no later than December 3, 2009, will not record any allocation of CAIR
NOX allowances included in the State trading budget for
Minnesota for any year.
(c)(1) The owner and operator of each source and each unit located
in the State of Minnesota and Indian country
[[Page 288]]
within the borders of the State and for which requirements are set forth
under the CSAPR NOX Annual Trading Program in subpart AAAAA
of part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements with regard to sources and
units in the State will be eliminated by the promulgation of an approval
by the Administrator of a revision to Minnesota's State Implementation
Plan (SIP) as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan under Sec. 52.38(a) for those sources
and units, except to the extent the Administrator's approval is partial
or conditional. The obligation to comply with such requirements with
regard to sources and units located in Indian country within the borders
of the State will not be eliminated by the promulgation of an approval
by the Administrator of a revision to Minnesota's SIP.
(2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Minnesota's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of CSAPR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of CSAPR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
[72 FR 62350, Nov. 2, 2007, as amended at 74 FR 56726, Oct. 3, 2009; 76
FR 48368, Aug. 8, 2011; 81 FR 74586, 74597, Oct. 26, 2016]
Sec. 52.1241 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of sulfur dioxide?
(a) The owner and operator of each SO2 source located
within the State of Minnesota and for which requirements are set forth
under the Federal CAIR SO2 Trading Program in subparts AAA
through III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an approval
by the Administrator of a revision to the Minnesota State Implementation
Plan as meeting the requirements of CAIR for PM2.5 relating
to SO2 under Sec. 51.124 of this chapter, except to the
extent the Administrator's approval is partial or conditional or unless
such approval is under Sec. 51.124(r) of this chapter.
(b) Notwithstanding paragraph (a) of this section, such paragraph is
not applicable as it relates to sources in the State of Minnesota as of
December 3, 2009.
(c)(1) The owner and operator of each source and each unit located
in the State of Minnesota and Indian country within the borders of the
State and for which requirements are set forth under the CSAPR
SO2 Group 2 Trading Program in subpart DDDDD of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Minnesota's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the CSAPR
Federal Implementation Plan under Sec. 52.39 for those sources and
units, except to the extent the Administrator's approval is partial or
conditional. The obligation to comply with such requirements with regard
to sources and units located in Indian country within the borders of the
State will not be eliminated by the promulgation of an approval by the
Administrator of a revision to Minnesota's SIP.
(2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Minnesota's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of CSAPR SO2 Group
2 allowances under subpart DDDDD of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
DDDDD of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of CSAPR SO2 Group 2
allowances to units in the State for each such control period shall
continue to
[[Page 289]]
apply, unless provided otherwise by such approval of the State's SIP
revision.
[72 FR 62350, Nov. 2, 2007, as amended at 74 FR 56726, Oct. 3, 2009; 76
FR 48368, Aug. 8, 2011; 81 FR 74586, 74597, Oct. 26, 2016]
Subpart Z_Mississippi
Sec. 52.1270 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Mississippi under section 110 of the Clean Air
Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient
air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraph (c)
of this section with an EPA approval date prior to October 3, 2007, for
Mississippi was approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraphs (c) and (d) of this section
with EPA approval dates after October 3, 2007, for Mississippi will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1).
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta,
GA 30303, the Air and Radiation Docket and Information Center, EPA
Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the
National Archives and Records Administration. If you wish to obtain
materials from a docket in the EPA Headquarters Library, please call the
Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566-
1742. For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) EPA Approved Mississippi Regulations.
EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Section 1........................ General............ 1/9/94 2/12/96, 61 FR 5295
Section 2........................ Definitions........ 2/9/2009 9/25/2015, 80 FR
57731.
Section 3........................ Specific Criteria 2/9/2009 9/25/2015, 80 FR
for Sources of 57731.
Particulate Matter.
Section 4........................ Specific Criteria 1/9/94 2/12/96, 61 FR 5295
for Sources of
Sulfur Compounds.
Section 5........................ Specific Criteria 1/9/94 2/12/96, 61 FR 5295
for Sources of
Chemical Emissions.
Section 6........................ New Sources........ 5/28/99 12/20/02, 67 FR Subsection 2,
77926. ``Other
Limitations,'' and
Subsection 3,
``New Source
Performance
Standards,'' are
not federally
approved.
Section 7........................ Exceptions......... 2/4/72 5/31/72, 37 FR
10875.
Section 9........................ Stack Height 5/1/86 9/23/87, 52 FR
Considerations.. 35704.
Section 10....................... Provisions for 1/9/94 2/12/96, 61 FR 5295
Upsets, Startups,
and Shutdowns.
Section 11....................... Severability....... 1/9/94 2/12/96, 61 FR 5295
Section 14....................... Provision for the 12/17/06 10/3/07, 72 FR
Clean Air 56268.
Interstate Rule.
----------------------------------------------------------------------------------------------------------------
[[Page 290]]
APC-S-2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
----------------------------------------------------------------------------------------------------------------
Section I........................ General 8/27/05 7/10/06, 71 FR
Requirements. 38773.
Section II....................... General Standards 8/27/05 7/10/06, 71 FR
Applicable to All 38773.
Permits.
Section III...................... Application For 8/27/05 7/10/06, 71 FR
Permit To 38773.
Construct and
State Permit To
Operate New
Stationary Source.
Section IV....................... Public 8/27/05 7/10/06, 71 FR
Participation and 38773.
Public
Availability of
Information.
Section V........................ Application Review. 8/27/05 7/10/06, 71 FR
38773.
Section VI....................... Compliance Testing. 8/27/05 7/10/06, 71 FR
38773.
Section VII...................... Emission Evaluation 8/27/05 7/10/06, 71 FR
Report. 38773.
Section VIII..................... Procedures for 8/27/05 7/10/06, 71 FR
Renewal of State 38773.
Permit To Operate.
Section IX....................... Reporting and 8/27/05 7/10/06, 71 FR
Record Keeping. 38773.
Section X........................ Emission Reduction 8/27/05 7/10/06, 71 FR
Schedule. 38773.
Section XI....................... General Permits.... 8/27/05 7/10/06, 71 FR
38773.
Section XII...................... Multi-Media Permits 8/27/05 7/10/06, 71 FR
38773.
Section XIII..................... Exclusions......... 8/27/05 7/10/06, 71 FR
38773.
Section XIV...................... CAFO............... 8/27/05 7/10/06, 71 FR
38773.
Section XV....................... Options............ 8/27/05 7/10/06, 71 FR
38773.
Section XVI...................... Permit Transfer.... 8/27/05 7/10/06, 71 FR
38773.
Section XVII..................... Severability....... 8/27/05 7/10/06, 71 FR
38773.
----------------------------------------------------------------------------------------------------------------
APC-S-3 Regulations for the Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Section 1........................ General............ 2/4/72 5/31/72, 37 FR
10875.
Section 2........................ Definitions........ 2/4/72 5/31/72, 37 FR
10875.
Section 3........................ Episode Criteria... 6/3/88 11/13/89, 54 FR
47211.
Section 4........................ Emission Control 2/4/72 5/31/72, 37 FR
Action Programs. 10875.
Section 5........................ Emergency Orders... 6/3/88 11/13/89, 54 FR
47211.
----------------------------------------------------------------------------------------------------------------
[[Page 291]]
APC-S-5-Regulations for Prevention of Significant Deterioration for Air Quality
----------------------------------------------------------------------------------------------------------------
All.............................. ................... 12/14/2011 3/5/2015, 80 FR The approval does
11893. not include
incorporation by
reference of the
CO2 Biomass
Deferral which was
withdrawn by the
State on October
22, 2014. On 9-26-
2012, EPA approved
a revision to APC-
S-5 which
incorporated by
reference the
regulations found
at 40 CFR 52.21 as
of March 22, 2011.
This approval did
not include
Mississippi's
revision to IBR
(at Rule APC-S-5)
the term
``particulate
matter emissions''
(as promulgated in
the May 16, 2008
NSR PM2.5 Rule (at
40 CFR
51.166(b)(49)(vi))
and the PM2.5 SILs
threshold and
provisions (as
promulgated in the
October 20, 2010
PM2.5 PSD
Increment-SILs-SMC
Rule at 40 CFR
52.21(k)(2)).
Note: On October
22, 2014,
Mississippi
withdrew the PM2.5
SILs provision
from Mississippi's
May 18, 2011 SIP
Submission.
----------------------------------------------------------------------------------------------------------------
[[Page 292]]
On December 29,
2010, EPA approved
a revision to APC-
S-5 which
incorporated by
reference the
regulations found
at 40 CFR 52.21 as
of September 13,
2010. See 75 FR
81858. That action
approved the
incorporation by
reference with the
exception of the
phrase ``except
ethanol production
facilities
producing ethanol
by natural
fermentation under
the North American
Industry
Classification
System (NAICS)
codes 325193 or
312140,'' APC-S-5
incorporated by
reference from 40
CFR
52.21(b)(1)(i)(a)
and (b)(1(iii)(t).
Additionally, that
final EPA action
did not
incorporate by
reference, into
the Mississippi
SIP, the
administrative
regulations that
were amended in
the Fugitive
Emissions Rule (73
FR 77882) and are
stayed through
October 3, 2011.
----------------------------------------------------------------------------------------------------------------
Mississippi State Constitution
----------------------------------------------------------------------------------------------------------------
Article 4 Section 109............ Interest of Public 9/27/2012 4/8/2013
Officers in 78 FR 20795........
Contracts.
----------------------------------------------------------------------------------------------------------------
Mississippi Code
----------------------------------------------------------------------------------------------------------------
Section 25-4-25.................. Persons required to 9/27/2012 4/8/2013
file statement of 78 FR 20795........
economic interest.
Section 25-4-27.................. Contents of 9/27/2012 4/8/2013
statement of 78 FR 20795........
economic interest.
Section 25-4-29.................. Filing dates for 9/27/2012 4/8/2013
statement. 78 FR 20795........
Section 25-4-101................. Declaration of 9/27/2012 4/8/2013
public policy. 78 FR 20795........
Section 25-4-103................. Definitions........ 9/27/2012 4/8/2013
78 FR 20795........
Section 25-4-105................. Certain actions, 9/27/2012 4/8/2013
activities and 78 FR 20795........
business
relationships
prohibited or
authorized;
contacts in
violation of
section voidable;
penalties.
----------------------------------------------------------------------------------------------------------------
Section 49-2-5................... Commission on 7/1/2016 10/4/2018, 83 FR
Environmental 50014
Quality.
[[Page 293]]
11-MAC--Part 2-5 Regulations for the Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
Rule 5.1......................... Purpose of this 5/28/2016 8/8/2017, 82 FR The version of Rule
regulation. 37015. 5.1 in the SIP
does not
incorporate by
reference: (1) The
provisions amended
in the Ethanol
Rule (published in
the Federal
Register May 1,
2007) to exclude
facilities that
produce ethanol
through a natural
fermentation
process from the
definition of
``chemical process
plants'' in the
major NSR source
permitting program
found at 40 CFR
52.21(b)(1)(i)(a)
and
(b)(1)(iii)(t), or
(2) the provisions
at 40 CFR
52.21(b)(2)(v) and
(b)(3)(iii)(c)
that were stayed
indefinitely by
the Fugitive
Emissions Interim
Rule (published in
the Federal
Register March 30,
2011). As
discussed in 82 FR
37015, 8/8/2017,
EPA approved
renaming and
reformatting
changes to the
State's SIP-
approved PSD
regulations via a
July 20, 2017,
Letter Notice.
Rule 5.2......................... Adoption of Federal 5/28/2016 8/8/2017, 82 FR The version of Rule
Rules by Reference. 42457. 5.2 in the SIP
does not
incorporate by
reference: (1) The
provisions amended
in the Ethanol
Rule (published in
the Federal
Register May 1,
2007) to exclude
facilities that
produce ethanol
through a natural
fermentation
process from the
definition of
``chemical process
plants'' in the
major NSR source
permitting program
found at 40 CFR
52.21(b)(1)(i)(a)
and
(b)(1)(iii)(t), or
(2) the provisions
at 40 CFR
52.21(b)(2)(v) and
(b)(3)(iii)(c)
that were stayed
indefinitely by
the Fugitive
Emissions Interim
Rule (published in
the Federal
Register March 30,
2011). As
discussed in 82 FR
37015, 8/8/2017,
EPA approved
renaming and
reformatting
changes to the
State's SIP-
approved PSD
regulations via a
July 20, 2017
Letter Notice.
[[Page 294]]
11-MAC-Part 2-11 Regulations for Ambient Air Quality Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Rule 11.1........................ General............ 9/26/2015 1/12/2016, 81 FR
1321.
Rule 11.2........................ Definitions........ 9/26/2015 1/12/2016, 81 FR
1321.
Rule 11.3........................ Emissions Statement 9/26/2015 1/12/2016, 81 FR
1321.
----------------------------------------------------------------------------------------------------------------
11 MAC--Part 2--Chapter 1 Air Emission Regulations for the Prevention, Abatement, and Control of Air
Contaminants
----------------------------------------------------------------------------------------------------------------
Rule 1.1......................... General............ 6/25/2018 10/4/2018, 83 FR
50014
----------------------------------------------------------------------------------------------------------------
11 MAC--Part 1--Chapter 5 Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative
Procedures Pursuant to the Mississippi Administrative Procedures Act
----------------------------------------------------------------------------------------------------------------
Rule 5.1......................... Description of 5/11/2018 10/4/2018, 83 FR
Mississippi 50014.
Environmental
Quality Permit
Board.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved Mississippi source-specific requirements.
EPA Approved Mississippi Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Permit number date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
None............................ .................. .................. .................. ..................
----------------------------------------------------------------------------------------------------------------
(e) EPA approved Mississippi non-regulatory provisions.
EPA Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of non-regulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 7/13/2011, 76 FR For the 1997 8-
Requirements for the 1997 8- 41123. hour ozone NAAQS.
Hour Ozone National Ambient Air
Quality Standards.
Regional Haze Plan.............. Statewide......... 9/22/2008......... 6/27/2012, 77 FR
38191.
Regional Haze Plan Update--E. I. Statewide......... 5/9/2011.......... 6/27/2012, 77 FR
Dupont Reasonable Progress and 38191.
Mississippi Phosphates BART
Determinations.
110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 10/9/2012, 77 FR With the exception
Requirements for 1997 Fine 61276. of sections
Particulate Matter National 110(a)(2)(D)(i),
Ambient Air Quality Standards. 110(a)(2)(E)(ii)
and 110(a)(2)(G).
110(a)(1) and (2) Infrastructure Mississippi....... 10/6/2009......... 10/9/2012, 77 FR With the exception
Requirements for 2006 Fine 61276. of sections
Particulate Matter National 110(a)(2)(D)(i),
Ambient Air Quality Standards. 110(a)(2)(E)(ii)
and 110(a)(2)(G).
110(a)(2)(G) Infrastructure Mississippi....... 7/26/2012......... 10/9/2012, 77 FR
Requirement for the 1997 and 61279.
2006 Fine Particulate Matter
National Ambient Air Quality
Standards.
[[Page 295]]
110(a)(2)(D)(i)(I) Mississippi....... 10/6/2009......... 10/11/2012, 77 FR EPA partially
Infrastructure Requirements for 61727. disapproved this
the 2006 24-hour PM2.5 NAAQS. SIP submission to
the extent that
it relied on the
Clean Air
Interstate Rule
to meet the
110(a)(2)(D)(i)(I
) requirements
for the 2006 24-
hour PM2.5 NAAQS.
110(a)(2)(E)(ii) Infrastructure Mississippi....... 10/11/2012........ 4/8/2013.......... EPA disapproved
Requirement for the 1997 and 78 FR 20795....... the State's
2006 Fine Particulate Matter 110(a)(2)(E)(ii)
National Ambient Air Quality as it relates to
Standards. section
128(a)(2), the
significant
portion of income
requirement.
110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 4/12/2013, 78 FR Addressing element
Requirements for 1997 Fine 21845. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Mississippi....... 10/6/2009......... 4/12/2013, 78 FR Addressing element
Requirements for 2006 Fine 21845. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
Transportation Conformity DeSoto County May 31, 2013...... 11-13-13, 78 FR
Interagency Consultation And portion of 67955.
General Provisions. Memphis, TN-AR-MS
2008 8-hour Ozone
Nonattainment
Area
110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 5/7/2014, 79 FR Addressing prong 4
Requirements for 1997 Fine 26148. of section
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. only.
110(a)(1) and (2) Infrastructure Mississippi....... 10/6/2009......... 5/7/2014, 79 FR Addressing prong 4
Requirements for 2006 Fine 26148. of section
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. only.
110(a)(1) and (2) Infrastructure Mississippi....... 7/26/2012......... 3/2/2015, 80 FR With the exception
Requirements for the 2008 8- 11133. of sections:
Hour Ozone National Ambient Air 110(a)(2)(C) and
Quality Standards. (J) concerning
PSD permitting
requirements;
110(a)(2)(D)(i)(I)
and (II) (prongs
1 through 4)
concerning
interstate
transport
requirements;
110(a)(2)(E)(ii)
concerning state
board majority
requirements
respecting
significant
portion of
income; and
110(a)(2)(J)
concerning
visibility
requirements.
[[Page 296]]
110(a)(1) and (2) Infrastructure Mississippi....... 11/17/2011........ 3/18/2015......... Addressing the PSD
Requirements for the 2008 Lead 80 FR 14023....... permitting
NAAQS. requirements of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(I
I) (prong 3) and
110(a)(2)(J)
only.
110(a)(1) and (2) Infrastructure Mississippi....... 5/29/2012 and 3/18/2015......... Addressing the PSD
Requirements for the 2008 Ozone amended on 7/26/ 80 FR 14203....... permitting
NAAQS. 2012. requirements of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(I
I) (prong 3) and
110(a)(2)(J)
only.
110(a)(1) and (2) Infrastructure Mississippi....... 2/28/2013......... 3/18/2015......... Addressing the PSD
Requirements for the 2010 NO2 80 FR 14023....... permitting
NAAQS. requirements of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(I
I) (prong 3) and
110(a)(2)(J)
only.
110(a)(1) and (2) Infrastructure 11/4/2011......... 3/30/15........... 80 FR 16568....... With the exception
Requirements for the 2008 Lead of provisions
National Ambient Air Quality pertaining to PSD
Standards 110(a)(2)(E)(ii) permitting
Infrastructure Requirement for requirements in
2008 Lead National Ambient Air sections
Quality Standards. 110(a)(2)(C),
prong 3 of D(i)
and (J) and the
majority of
requirements
respecting
significant
portion of income
of section
110(a)(2)(E)(ii)
(related to
section
128(a)(2)).
2011 Base Year Emissions DeSoto County 1/14/2015......... 7/02/2015, 80 FR
Inventory for the Mississippi portion of 37988.
portion of the Memphis, TN-MS- Memphis, TN-AR-MS
AR 2008 Ozone NAAQS 2008 8-hour Ozone
Nonattainment Area. Nonattainment
Area.
110(a)(1) and (2) Infrastructure Mississippi....... 7/26/2012......... 8/12/2015, 80 FR Addressing the
Requirements for the 2008 Ozone 48258. visibility
NAAQS. requirements of
110(a)(2)(J)
only.
2008 8-hour ozone Maintenance DeSoto County 12/2/2015......... 4/8/2016, 81 FR
Plan for the DeSoto County portion of 20545.
portion of Memphis, TN-AR-MS Memphis, TN-AR-MS
Nonattainment Area. Nonattainment
Area.
110(a)(1) and (2) Infrastructure Mississippi....... 2/28/2013......... 9/16/2016, 81 FR With the exception
Requirements for the 2010 1- 67307. of sections:
hour NO2 National Ambient Air 110(a)(2)(C) and
Quality Standard. (J) concerning
PSD permitting
requirements;
110(a)(2)(D)(i)(I
) and (II)
(prongs 1 through
4) concerning
interstate
transport
requirements and
the state board
majority
requirements
respecting
significant
portion of income
of section
110(a)(2)(E)(ii).
[[Page 297]]
110(a)(1) and (2) Infrastructure Mississippi....... 6/20/2013......... 9/30/2016, 81 FR With the exception
Requirements for the 2010 1- 67178. of the interstate
hour SO2 NAAQS. transport
requirements of
section
110(a)(2)(D)(i)(I
) and (II)
(prongs 1, 2, and
4) and the state
board majority
requirements
respecting
significant
portion of income
of section
110(a)(2)(E)(ii).
110(a)(1) and (2) Infrastructure Mississippi....... 12/11/2015........ 12/12/2016, 81 FR With the exception
Requirements for the 2012 89393. of sections:
Annual PM 2.5 NAAQS. 110(a)(2)(C) and
(J) concerning
PSD permitting
requirements;
110(a)(2)(D)(i)(I
) and (II)
(prongs 1 through
4) concerning
interstate
transport
requirements and
the state board
majority
requirements
respecting
significant
portion of income
of section
110(a)(2)(E)(ii).
Good Neighbor Provisions Mississippi....... 5/23/2016......... 12/22/16, 81 FR
(Section 110(a)(2)(D)(i)(I) for 93824.
the 2010 1-hour NO2 NAAQS.
110(a)(1) and (2) Infrastructure Mississippi....... 12/8/2015......... 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.
110(a)(1) and (2) Infrastructure Mississippi....... 6/25/2018......... 10/4/2018, 83 FR Addressing the
Requirements for the 1997 50014. state board
Annual PM2.5 NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi....... 6/25/2018......... 10/4/2018, 83 FR Addressing the
Requirements for the 2006 24- 50014. state board
hour PM2.5 NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi....... 6/25/2018......... 10/4/2018, 83 FR Addressing the
Requirements for the 2012 24- 50014. state board
hour PM2.5 NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi....... 6/25/2018......... 10/4/2018, 83 FR Addressing the
Requirements for the 2008 Lead 50014. state board
NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi....... 6/25/2018......... 10/4/2018, 83 FR Addressing the
Requirements for the 2008 8- 50014. state board
hour Ozone NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi....... 6/25/2018......... 10/4/2018, 83 FR Addressing the
Requirements for the 2010 NO2 50014. state board
NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi....... 6/25/2018......... 10/4/2018, 83 FR Addressing the
Requirements for the 2010 SO2 50014. state board
NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
[[Page 298]]
110(a)(1) and (2) Infrastructure Mississippi....... 12/11/2015........ 12/18/2018, 83 FR Addressing the PSD
Requirements for the 2012 64746. permitting
Annual PM2.5 NAAQS. requirements of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(I
I) (prong 3) and
110(a)(2)(J) only
----------------------------------------------------------------------------------------------------------------
[62 FR 35442, July 1, 1997]
Editorial Note: For Federal Register citations affecting Sec.
52.1270, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1271 Classification of regions.
The Mississippi plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Mobile (Alabama)-Pensacola-Panama City (Florida)- I I III III I
Gulfport (Mississippi) Interstate...................
Metropolitan Memphis Interstate...................... I III III III I
Mississippi Delta Intrastate......................... III III III III III
Northeast Mississippi Intrastate..................... II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10875, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]
Sec. 52.1272 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Mississippi's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds that the plan satisfies all requirements of part
D, title 1, of the Clean Air Act as amended in 1977.
[83 FR 50018, Oct. 4, 2018]
Sec. 52.1273 Control strategy: Ozone.
(a) Determination of attainment. The EPA has determined, as of June
3, 2016, that based on 2012 to 2014 ambient air quality data, the
Memphis, TN-MS-AR 2008 ozone Marginal nonattainment area has attained
the 2008 ozone NAAQS. Therefore, the EPA has met the requirement
pursuant to CAA section 181(b)(2)(A) to determine, based on the area's
air quality data as of the attainment date, whether the area attained
the standard. The EPA also determined that the Memphis, TN-MS-AR
nonattainment area will not be reclassified for failure to attain by its
applicable attainment date under section 181(b)(2)(A).
(b) [Reserved]
[81 FR 26709, May 4, 2016]
Sec. 52.1275 Legal authority.
(a) The requirements of Sec. 51.230(d) of this chapter are not met
since statutory authority to prevent construction, modification, or
operation of a facility, building, structure, or installation, or
combination thereof, which indirectly results or may result in emissions
of any air pollutant at any location which will prevent the maintenance
of a national air quality standard is not adequate.
(b) The requirements of Sec. 51.230(f) of this chapter are not met,
since section 7106-117 of the Mississippi Code could, in some
circumstances, prohibit the
[[Page 299]]
disclosure of emission data to the public. Therefore, section 7106-117
is disapproved.
[39 FR 7282, Feb. 25, 1974, as amended at 39 FR 34536, Sept. 26, 1974;
51 FR 40676, Nov. 7, 1986]
Sec. 52.1276 [Reserved]
Sec. 52.1277 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met,
since the legal authority to provide public availability of emission
data is inadequate.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55330, Nov. 28, 1975;
51 FR 40676, Nov. 7, 1986]
Sec. 52.1278 Control strategy: Sulfur oxides and particulate matter.
(a) In a letter dated January 30, 1987, the Mississippi Department
of Natural Resources certified that no emission limits in the State's
plan are based on dispersion techniques not permitted by EPA's stack
height rules. This certification does not apply to: Mississippi Power-
Daniel; South Mississippi Electric Power, Hattiesburg-Morrow; E.I.
Dupont, Delisle Boilers 1 & 2; and International Paper, Vicksburg.
(b) Disapproval. EPA is disapproving portions of Mississippi's
Infrastructure SIP for the 1997 annual and 2006 24-hour PM2.5
NAAQS addressing section 110(a)(2)(E)(ii) that requires the State to
comply with section 128 of the CAA.
[54 FR 25456, June 15, 1989, as amended at 78 FR 20796, Apr. 8, 2013]
Sec. 52.1279 Visibility protection.
(a) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by Mississippi
on September 22, 2008, and supplemented on May 9, 2011, does not include
fully approvable measures for meeting the requirements of 40 CFR
51.308(d)(3) and 51.308(e) with respect to emissions of NOX
and SO2 from electric generating units. EPA has given limited
disapproval to the plan provisions addressing these requirements.
(b) Disapproval. EPA has disapproved the portions of Mississippi's
May 29, 2012, 2008 8-hour Ozone infrastructure
[[Page 300]]
SIP submission; July 26, 2012, 2008 8-hour Ozone infrastructure SIP
resubmission; February 28, 2013, 2010, 1-hour NO2
infrastructure SIP submission; June 20, 2013, 2010 1-hour SO2
infrastructure SIP submission; and December 8, 2015, 2012, Annual
PM2.5 infrastructure SIP submission that address the
visibility protection (prong 4) requirements of Clean Air Act section
110(a)(2)(D)(i)(II). EPA disapproved the prong 4 portions of these SIP
submissions because Mississippi does not have a fully approved regional
haze SIP that meets the requirements of 40 CFR 51.308 and because these
SIP submissions do not otherwise demonstrate that emissions within the
State do not interfere with other states' plans to protect visibility.
[77 FR 33657, June 7, 2012, as amended at 81 FR 33140, May 25, 2016]
Sec. 52.1280 Significant deterioration of air quality.
(a) All applications and other information required pursuant to
Sec. 52.21 of this part from sources located or to be located in the
State of Mississippi shall be submitted to the State agency, Hand
Deliver or Courier: Mississippi Department of Environmental Quality,
Office of Pollution Control, Air Division, 515 East Amite Street,
Jackson, Mississippi 39201; Mailing Address: Mississippi Department of
Environmental Quality, Office of Pollution Control, Air Division, P.O.
Box 2261, Jackson, Mississippi 39225, rather than to EPA's Region 4
office.
(b) [Reserved]
[77 FR 23398, Apr. 19, 2012]
Sec. 52.1281 Original identification of plan section.
(a) This section identified the original ``Air Implementation Plan
for the State of Mississippi'' and all revisions submitted by
Mississippi that were federally approved prior to July 1, 1997. The
information in this section is available in the 40 CFR, part 52 edition
revised as of July 1, 1999, the 40 CFR, part 52, Volume 2 of 2
(Sec. Sec. 52.1019 to End) editions revised as of July 1, 2000 through
July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 (Sec. Sec. 52.1019
to 52.2019) editions revised as of July 1, 2012.
(b)-(c) [Reserved]
[79 FR 30051, May 27, 2014]
Sec. 52.1284 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a) The owner and operator of each source and each unit located in
the State of Mississippi and Indian country within the borders of the
State and for which requirements are set forth under the CSAPR
NOX Ozone Season Group 1 Trading Program in subpart BBBBB of
part 97 of this chapter must comply with such requirements with regard
to emissions occurring in 2015 and 2016.
(b) The owner and operator of each source and each unit located in
the State of Mississippi and Indian country within the borders of the
State and for which requirements are set forth under the CSAPR
NOX Ozone Season Group 2 Trading Program in subpart EEEEE of
part 97 of this chapter must comply with such requirements with regard
to emissions occurring in 2017 and each subsequent year. The obligation
to comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Mississippi's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the CSAPR
Federal Implementation Plan (FIP) under Sec. 52.38(b) for those sources
and units, except to the extent the Administrator's approval is partial
or conditional. The obligation to comply with such requirements with
regard to sources and units located in Indian country within the borders
of the State will not be eliminated by the promulgation of an approval
by the Administrator of a revision to Mississippi's SIP.
(c) Notwithstanding the provisions of paragraph (b) of this section,
if, at the time of the approval of Mississippi's SIP revision described
in paragraph (b) of this section, the Administrator has 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
[[Page 301]]
in any year, the provisions of subpart EEEEE of part 97 of this chapter
authorizing the Administrator to complete the allocation and recordation
of CSAPR NOX Ozone Season Group 2 allowances to units in the
State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.
[81 FR 74597, Oct. 26, 2016, as amended at 83 FR 65924, Dec. 21, 2018]
Subpart AA_Missouri
Sec. 52.1319 [Reserved]
Sec. 52.1320 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable SIP
for Missouri under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR
part 51 to meet national ambient air quality standards (NAAQS).
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
31, 2014, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after December 31, 2014, will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 7 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated state
rules/regulations which have been approved as part of the SIP as of
December 31, 2014.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 7, Air Planning
and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219;
and the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or go to: www.archives.gov/federal-register/cfr/ibr-
locations.html.
(c) EPA-approved regulations.
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
Chapter 1--Organization
----------------------------------------------------------------------------------------------------------------
10-1.020(1) and (2)............ Commission Voting 7/30/1998 6/21/2013, 78 FR 37457 Only sections (1)
and Meeting and (2) are
Procedures. Federally
approved.
----------------------------------------------------------------------------------------------------------------
Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-2.090....................... Incinerators...... 2/25/1970 3/18/1980, 45 FR 17145 The state has
rescinded this
rule.
10-2.205....................... Control of 3/30/2001 4/24/2002, 67 FR 20036
Emissions from
Aerospace
Manufacture and
Rework Facilities.
10-2.210....................... Control of 2/29/2008 6/20/2008, 73 FR 35074
Emissions From
Solvent Metal
Cleaning.
10-2.215....................... Control of 5/30/2001 4/24/2002, 67 FR 20036
Emissions from
Solvent Cleanup
Operations.
10-2.220....................... Liquefied Cutback 6/3/1991 6/23/1992, 57 FR 27939
Asphalt Paving
Restricted.
10-2.230....................... Control of 11/20/1991 4/3/1995, 60 FR 16806
Emissions from (correction). 8/24/
Industrial 1994, 59 FR 43480
Surface Coating
Operations.
10-2.260....................... Control of 4/30/2004 2/2/2005, 70 FR 5379
Petroleum Liquid
Storage, Loading,
and Transfer.
[[Page 302]]
10-2.290....................... Control of 3/30/1992 9/6/1994, 59 FR 43376 The state rule has
Emissions From (correction). Sections (6)(A)
Rotogravure and 8/30/1993, 58 FR 45451 and (6)(B), which
Flexographic EPA has not
Printing approved.
Facilities.
10-2.300....................... Control of 11/20/1991 3/26/2003, 68 FR 14539
Emissions from
the Manufacturing
of Paints,
Varnishes,
Lacquers, Enamels
and Other Allied
Surface Coating
Products.
10-2.310....................... Control of 11/20/1991 4/3/1995, 60 FR 16806
Emissions from (correction).
the Application 8/24/1994, 59 FR 43480
of Automotive
Underbody
Deadeners.
10-2.320....................... Control of 11/20/1991 4/3/1995, 60 FR 16806
Emissions from (correction).
Production of 8/24/1994, 59 FR 43480
Pesticides and
Herbicides.
10-2.330....................... Control of 7/30/2013 9/4/2014, 79 FR 52564
Gasoline Reid
Vapor Pressure.
10-2.340....................... Control of 9/30/2003 10/30/2003, 68 FR 61758
Emissions from
Lithographic
Printing
Facilities.
10-2.360....................... Control of 11/30/1995 7/20/1998, 63 FR 38755
Emissions from
Bakery Ovens.
10-2.385....................... Control of Heavy 7/30/2012 3/18/2014, 79 FR 15017
Duty Diesel
Vehicle Idling
Emissions.
10-2.390....................... Kansas City Area 7/27/2007 10/18/2007, 72 FR 59014
Transportation
Conformity
Requirements.
----------------------------------------------------------------------------------------------------------------
Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
----------------------------------------------------------------------------------------------------------------
10-3.040....................... Incinerators...... 2/1/1978 3/18/1980, 45 FR 17145
----------------------------------------------------------------------------------------------------------------
Chapter 4--Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
----------------------------------------------------------------------------------------------------------------
10-4.080....................... Incinerators...... 12/16/1969 3/18/1980, 45 FR 17145 The state has
rescinded this
rule.
----------------------------------------------------------------------------------------------------------------
Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-5.040....................... Use of Fuel in 9/18/1970 3/18/1980, 45 FR 17145
Hand-Fired
Equipment
Prohibited.
10-5.060....................... Refuse Not To Be 9/18/1970 3/18/1980, 45 FR 17145 The state has
Burned in Fuel rescinded this
Burning rule.
Installations.
10-5.080....................... Incinerators...... 9/18/1970 3/18/1980, 45 FR 17145 The state has
rescinded this
rule.
10-5.120....................... Information on 9/18/1970 3/18/1980, 45 FR 17145
Sales of Fuels to
be Provided and
Maintained.
10-5.130....................... Certain Coals to 5/30/2012 8/19/2014, 79 FR 48998
be Washed.
10-5.220....................... Control of 11/30/2014 11/10/2015, 80 FR 69604
Petroleum Liquid
Storage, Loading
and Transfer.
10-5.295....................... Control of 2/29/2000 5/18/2000, 65 FR 31489
Emissions From
Aerospace
Manufacturing and
Rework Facilities.
10-5.300....................... Control of 11/30/2006 3/9/2007, 72 FR 10610
Emissions from
Solvent Metal
Cleaning.
10-5.310....................... Liquefied Cutback 3/1/1989 3/5/1990, 55 FR 7712
Asphalt
Restricted.
10-5.330....................... Control of 8/30/2011 1/23/2012, 77 FR 3144
Emissions from
Industrial
Surface Coating
Operations.
10-5.340....................... Control of 8/30/2011 1/23/2012, 77 FR 3144 The state rule has
Emissions From Section
Rotogravure and (6)(A)(B), which
Flexographic the EPA has not
Printing approved.
Facilities.
10-5.350....................... Control of 11/20/1991 4/3/1995, 60 FR 16806
Emissions From (correction).
Manufacture of 8/24/1994, 59 FR 43480
Synthesized
Pharmaceutical
Products.
10-5.360....................... Control of 11/20/1991 4/3/1995, 60 FR 16806
Emissions from (correction).
Polyethylene Bag 8/24/1994, 59 FR 43480
Sealing
Operations.
10-5.370....................... Control of 11/20/1991 4/3/1995, 60 FR 16806
Emissions from (correction).
the Application 8/24/1994, 59 FR 43480
of Deadeners and
Adhesives.
[[Page 303]]
10-5.381....................... On-Board 12/30/2012 3/3/2015, 80 FR 11323
Diagnostics Motor
Vehicle Emissions
Inspection.
10-5.385....................... Control of Heavy 7/30/2012 3/18/2014, 79 FR 15017
Duty Diesel
Vehicle Idling
Emissions.
10-5.390....................... Control of 8/30/2000 8/14/2001, 66 FR 42605
Emissions from
Manufacture of
Paints,
Varnishes,
Lacquers, Enamels
and Other Allied
Surface Coating
Products.
10-5.410....................... Control of 11/20/1991 4/3/1995, 60 FR 16806
Emissions From (correction).
Manufacture of 8/24/1994, 59 FR 43480
Polystyrene Resin.
10-5.420....................... Control of 3/11/1989 3/5/1990, 55 FR 7712
Equipment Leaks
from Synthetic
Organic Chemical
and Polymer
Manufacturing
Plants.
10-5.440....................... Control of 12/30/1996 2/17/2000, 65 FR 8060
Emissions from
Bakery Ovens.
10-5.442....................... Control of 8/30/2011 1/23/2012, 77 FR 3144
Emissions from
Offset
Lithographic
Printing
Operations.
10-5.450....................... Control of VOC 5/28/1995 2/17/2000, 65 FR 8060
Emissions from
Traffic Coatings.
10-5.451....................... Control of 9/30/2000 7/20/2001, 66 FR 37906
Emissions from
Aluminum Foil
Rolling.
10-5.455....................... Control of 8/30/2011 1/6/2014, 79 FR 580
Emissions from
Solvent Cleaning
Operations.
10-5.480....................... St. Louis Area 2/28/2011 8/29/2013, 78 FR 53247
Transportation
Conformity
Requirements.
10-5.490....................... Municipal Solid 5/30/2012 4/15/2014, 79 FR 21137
Waste Landfills.
10-5.500....................... Control of 2/29/2000 5/18/2000, 65 FR 31489
Emissions From
Volatile Organic
Liquid Storage.
10-5.510....................... Control of 5/30/2006 11/6/2006, 71 FR 64888
Emissions of
Nitrogen Oxides.
10-5.520....................... Control of 2/29/2000 5/18/2000, 65 FR 31489
Volatile Organic
Compound
Emissions From
Existing Major
Sources.
10-5.530....................... Control of 2/29/2000 5/18/2000, 65 FR 31489
Volatile Organic
Compound
Emissions From
Wood Furniture
Manufacturing
Operations.
10-5.540....................... Control of 2/29/2000 5/18/2000, 65 FR 31489
Emissions From
Batch Process
Operations.
10-5.550....................... Control of 2/29/2000 5/18/2000, 65 FR 31489
Volatile Organic
Compound
Emissions From
Reactor Processes
and Distillation
Operations
Processes in the
Synthetic Organic
Chemical
Manufacturing
Industry.
10-5.570....................... Control of Sulfur 9/30/2009 1/25/2013, 78 FR 5303
Emissions From
Stationary
Boilers.
----------------------------------------------------------------------------------------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
10-6.010....................... Ambient Air 7/30/2014 3/4/2015, 80 FR 11577 Hydrogen Sulfide
Quality Standards. and Sulfuric Acid
state standards
are not SIP
approved.
[[Page 304]]
10-6.020....................... Definitions and 3/30/2014 3/4/2015, 80 FR 11577 Many of the
Common Reference definitions
Tables. pertain to Title
V, 111(d) and
asbestos programs
and are approved
in the SIP
because they
provide overall
consistency in
the use of terms
in the air
program.
Similarly, the
EPA has also
approved this
rule as part of
the Title V
program, and
111(d) even
though many of
the definitions
pertain only to
the SIP.
10-6.030....................... Sampling Methods 2/28/2006 12/5/2006, 71 FR 70468
for Air Pollution
Sources.
10-6.040....................... Reference Methods. 11/30/2014 3/4/2015, 80 FR 11577.
10-6.045....................... Open Burning 9/30/2009 3/28/2017, 82 FR 15299
Requirements.
10-6.050....................... Start-up, 7/30/2010 3/5/2014, 79 FR 12394
Shutdown, and
Malfunction
Conditions.
10-6.060....................... Construction 3/30/2016 10/11/2016, 81 FR 70025 --Provisions of
Permits Required. the 2010 PM2.5
PSD--Increments,
SILs and SMCs
rule (75 FR
64865, October
20, 2010)
relating to SILs
and SMCs that
were affected by
the January 22,
2013 U.S. Court
of Appeals
decision are not
SIP approved.
--Provisions of
the 2002 NSR
reform rule
relating to the
Clean Unit
Exemption,
Pollution Control
Projects, and
exemption from
recordkeeping
provisions for
certain sources
using the actual-
to-projected-
actual emissions
projections test
are not SIP
approved.
--In addition, we
have not approved
Missouri's rule
incorporating
EPA's 2007
revision of the
definition of
``chemical
processing
plants'' (the
``Ethanol Rule,''
72 FR 24060 (May
1, 2007) or EPA's
2008 ``fugitive
emissions rule,''
73 FR 77882
(December 19,
2008).
--Although
exemptions
previously listed
in 10 CSR 10-
6.060 have been
transferred to 10
CSR 10-6.061, the
Federally-
approved SIP
continues to
include the
following
exemption,
``Livestock and
livestock
handling systems
from which the
only potential
contaminant is
odorous gas.''
--Section 9,
pertaining to
hazardous air
pollutants, is
not SIP approved.
--The phrase
``including the
revision
published at 75
FR 31606-07
(effective August
2, 2010)'' in
subsection (8)(A)
is not SIP
approved.
10-6.061....................... Construction 7/30/2006 12/4/2006, 71 FR 70315 Section (3)(A)2.D.
Permits is not included
Exemptions. in the SIP.
10-6.062....................... Construction 5/30/2007 9/26/2007, 72 FR 54562 Section (3)(B)4.
Permits By Rule. is not included
in the SIP.
[[Page 305]]
10-6.065....................... Operating Permits. 3/30/2016 10/11/2016, 81 FR 70025 Section (4) Basic
State Operating
Permits, has not
been approved as
part of the SIP.
Subparagraphs
(2)(A)2.A.,
(2)(A)2.B., and
the words
``except that''
in paragraph
(2)(A)2 have not
been approved as
part of the SIP.
10-6.110....................... Submission of 9/30/2010 12/14/2011, 76 FR 77701 Section (3)(A),
Emission Data, Emissions Fees,
Emission Fees, has not been
and Process approved as part
Information. of the SIP.
10-6.120....................... Restriction of 3/30/2009 8/28/2015, 80 FR 52194 Paragraph (3)(B)1
Emissions of Lead and Table,
from Specific Provision
Lead Smelter- Pertaining to
Refinery Limitations of
Installations. Lead Emissions
from Specific
Installations,
have not been
approved as a
part of the SIP.
The requirement to
limit main stack
lead emissions at
BRRF to 0.00087
gr/dscf lead in
Paragraph (3)(B)2
has not been
approved as a
part of the SIP.
10-6.130....................... Controlling 12/30/2013 8/18/2015, 80 FR 49916
Emissions During
Episodes of High
Air Pollution
Potential.
10-6.140....................... Restriction of 5/1/1986 3/31/1989, 54 FR 13184
Emissions Credit
for Reduced
Pollutant
Concentrations
from the Use of
Dispersion
Techniques.
10-6.150....................... Circumvention..... 8/15/1990 4/17/1991, 56 FR 15500
10-6.170....................... Restriction of 8/30/1998 3/31/2000, 65 FR 17164
Particulate
Matter to the
Ambient Air
Beyond the
Premises of
Origin.
10-6.180....................... Measurement of 11/19/1990 7/23/1991, 56 FR 33714
Emissions of Air
Contaminants.
10-6.210....................... Confidential 1/27/1995 2/29/1996, 61 FR 7714
Information.
10-6.220....................... Restriction of 9/30/2008 12/9/2009, 74 FR 68689 Subsection (1)(I)
Emission of referring to the
Visible Air open burning
Contaminants. rule, 10 CSR 10-
6.045, is not SIP
approved.
10-6.260....................... Restriction of 9/30/2012 11/22/2013, 78 FR 69995 Section (3)(A)(1-
Emission of 4) approved
Sulfur Compounds. pursuant to 111d
only.
10-6.280....................... Compliance 3/30/2002 8/27/2002, 67 FR 54961
Monitoring Usage.
10-6.300....................... Conformity of 8/30/2011 9/18/2013, 78 FR 57267
General Federal
Actions to State
Implementation
Plans.
10-6.330....................... Restriction of 6/30/1998 12/8/1998, 63 FR 67591
Emissions from
Batch-type
Charcoal Kilns.
10-6.350....................... Emissions 5/30/2007 4/2/2008, 73 FR 17890
Limitations and
Emissions Trading
of Oxides of
Nitrogen.
10-6.360....................... Control of NOX 5/30/2007 4/2/2008, 73 FR 17890
Emissions From
Electric
Generating Units
and Non-Electric
Generating
Boilers.
10-6.362....................... Clean Air 5/18/2007 12/14/2007, 72 FR 71073
Interstate Rule
Annual NOX
Trading Program.
10-6.364....................... Clean Air 5/18/2007 12/14/2007, 72 FR 71073
Interstate Rule
Seasonal NOX
Trading Program.
10-6.366....................... Clean Air 5/18/2007 12/14/2007, 72 FR 71073
Interstate Rule
SO2 Trading
Program.
10-6.372....................... Cross-State Air 12/30/2015 6/28/2016, 81 FR 41845
Pollution Rule
Annual NOX
Trading Allowance
Allocations.
10-6.376....................... Cross-State Air 12/30/2015 6/28/2016, 81 FR 41845
Pollution Rule
Annual SO2
Trading Allowance
Allocations.
10-6.380....................... Control of NOX 10/30/2005 8/15/2006, 71 FR 46860
Emissions From
Portland Cement
Kilns.
[[Page 306]]
10-6.390....................... Control of NOX 10/30/2013 9/16/2015, 80 FR 55547
Emissions from
Large Stationary
Internal
Combustion
Engines.
10-6.400....................... Restriction of 6/27/2013 10/21/2014, 79 FR
Emission of 62844.
Particulate
Matter From
Industrial
Processes.
10-6.405....................... Restriction of 10/30/2011 9/13/2012, 77 FR 56555
Particulate
Matter Emissions
From Fuel Burning
Equipment Used
for Indirect
Heating.
10-6.410....................... Emissions Banking 9/30/2012 11/22/2013, 78 FR 69995
and Trading.
----------------------------------------------------------------------------------------------------------------
Kansas City Chapter 8--Air Quality
----------------------------------------------------------------------------------------------------------------
8-2............................ Definitions....... 12/10/1998 12/22/1999, 64 FR 71663
8-4............................ Open burning...... 10/31/1996 4/22/1998, 65 FR 19823
8-5............................ Emission of 12/10/1998 12/22/1999, 64 FR 71663 Only subsections 8-
particulate 5(c)(1)b, 8-
matter. 5(c)(1)c, 8-
5(c)(2)a, 8-
5(c)(3)a, 8-
5(c)(3)b, 8-
5(c)(3)c, 8-
5(c)(3)d are
approved in the
SIP.
----------------------------------------------------------------------------------------------------------------
Springfield Chapter 6--Air Pollution Control Standards
----------------------------------------------------------------------------------------------------------------
Article I...................... Definitions....... 12/4/2008 10/21/2010, 75 FR 64953 Only Section 6-2
is approved by
EPA.
Article II..................... Administrative and 12/4/2008 10/21/2010, 75 FR 64953 Only Sections 6-
Enforcement. 151, 155, 156,
and 171 are
approved by EPA.
Article V...................... Incinerators...... 12/4/2008 10/21/2010, 75 FR 64953 Only Sections 6-
311 through 314
are approved by
EPA.
----------------------------------------------------------------------------------------------------------------
St. Louis City Ordinance 68657
----------------------------------------------------------------------------------------------------------------
Section 6...................... Definitions....... 8/28/2003 12/9/2003, 68 FR 68521 The phrase other
than liquids or
gases in the
Refuse definition
has not been
approved.
Section 15..................... Open Burning 8/28/2003 12/9/2003, 68 FR 68521 ..................
Restrictions.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved state source-specific permits and orders.
EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/Permit number effective date EPA Approval date Explanation
----------------------------------------------------------------------------------------------------------------
(1) ASARCO Inc. Lead Smelter, Order.............. 8/13/1980 4/27/1981, 46 FR
Glover, MO. 23412
(2) St. Joe Lead (Doe Run) Order.............. 3/21/1984 6/11/1984, 49 FR
Company Lead Smelter, 24022
Herculaneum, MO.
(3) AMAX Lead (Doe Run) Company Order.............. 9/27/1984 1/7/1985, 50 FR 768
Lead Smelter, Boss, MO.
(4) Gusdorf Operating Permit Permit Nos: 04682- * 4/29/1980 10/15/1984, 49 FR
11440 Lackland Road, St. Louis 04693. 40164
County, MO.
(5) Doe Run Lead Smelter, Consent Order...... 3/9/1990 3/6/1992, 57 FR 8076
Herculaneum, MO.
(6) Doe Run Lead Smelter, Consent Order...... 8/17/1990 3/6/1992, 57 FR 8076
Herculaneum, MO.
(7) Doe Run Lead Smelter, Consent Order...... 7/2/1993 5/5/1995, 60 FR 22274
Herculaneum, MO.
(8) Doe Run Lead Smelter, Consent Order 4/28/1994 5/5/1995, 60 FR 22274
Herculaneum, MO. (Modification).
(9) Doe Run Lead Smelter, Consent Order 11/23/1994 5/5/1995, 60 FR 22274
Herculaneum, MO. (Modification).
(10) Doe Run Buick Lead Smelter, Consent Order...... 7/2/1993 8/4/1995, 60 FR 39851
Boss, MO.
[[Page 307]]
(11) Doe Run Buick Lead Smelter, Consent Order 9/29/1994 8/4/1995, 60 FR 39851
Iron County, MO. (Modification).
(12) ASARCO Glover Lead Smelter, Consent Decree 7/30/1996 3/5/1997, 62 FR 9970
Glover, MO. CV596-98CC with
exhibits A-G.
(13) Eagle-Picher Technologies, Consent Agreement.. 8/26/1999 4/24/2000, 65 FR
Joplin, MO. 21649
(14) Doe Run Resource Recycling Consent Order...... 5/11/2000 10/18/2000, 65 FR
Facility near Buick, MO. 62295
(15) St. Louis University....... Medical Waste 9/22/1992 4/22/1998, 63 FR
Incinerator. 19823
(16) St. Louis University....... Permit Matter No. 1/31/2000 10/26/2000, 65 FR
00-01-004. 64156
(17) St. Joseph Light & Power Consent Decree..... 5/21/2001 11/15/2001, 66 FR
SO2. 57389
(18) Asarco, Glover, MO......... Modification of 7/31/2000 4/16/2002, 67 FR
Consent Decree, 18497
CV596-98CC.
(19) Doe Run, Herculaneum, MO... Consent Judgment, 1/5/2001 4/16/2002, 67 FR
CV301-0052C-J1, 18497
with Work Practice
Manual and S.O.P.
for Control of
Lead Emissions
(Rev 2000).
(20) Springfield City Utilities Consent Agreement.. 12/6/2001 3/25/2002, 67 FR
James River Power Station SO2. 13570
(21) St. Louis University....... Permit Matter No. 8/28/2003 12/9/2003, 68 FR
00-01-004. 68521
(22) Doe Run Lead Smelter, Settlement 10/31/2003 10/29/2004, 69 FR
Glover, MO. Agreement. 63072
(23) Grossman Iron and Steel Permit No. 7/19/2006 12/4/2006, 71 FR
Company. SR00.045A. 70312
(24) Doe Run Herculaneum, MO.... Consent Judgment 12/20/2005 5/4/2007, 72 FR 25203
Modification,
CV301-0052CCJ1.
(25) Doe Run Herculaneum, MO.... Consent Judgment 5/21/2007 2/17/2012, 77 FR 9529 This approval does
Modification, 07JE- 7/29/2009 not include any
CC00552. modification subsequent
modifications
after 2009.
(26) Holcim..................... ................... 4/19/2009 6/26/2012 77 FR 38007 Sec. 52.1339(c);
Limited Approval.
(27) Doe Run Herculaneum, MO.... Consent Judgment 10/19/2011 10/20/2014, 79 FR Modification to
Modification 07JE- 62574 section 2.B.1. of
CC00552. the 2007 Consent
Judgment.
(28) Doe Run Herculaneum, MO.... Consent Judgment 6/19/2013 10/20/2014, 79 FR
13JE-CC00557. 62574
(29) Doe Run Buick Resource Consent Judgment 7/29/2013 8/28/2015, 80 FR
Recycling Facility. 13IR-CC00016. 52194
(30) Americold Logistics, LLC 24- Consent Judgment 4/27/2014 1/28/2016, 80 FR 4888
Hour Particulate Matter (PM10) 14AP-CC00036.
National Ambient Air Quality
(NAAQS) Consent Judgment.
(31) Exide Technologies Canon Consent Judgment 10/10/2014 9/26/2016, 81 FR
Hollow, MO. 14H0-CC00064. 65898
----------------------------------------------------------------------------------------------------------------
* St Louis County.
(e) EPA approved nonregulatory provisions and quasi-regulatory
measures.
[[Page 308]]
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
(1) Kansas City and Outstate Kansas City and 1/24/1972 5/31/1972, 37 FR 10875
Air Quality Control Regions Outstate.
Plan.
(2) Implementation Plan for the St. Louis......... 1/24/1972 5/31/1972, 37 FR 10875
Missouri portion of the St.
Louis Interstate Air Quality
Control Region.
(3) Effects of adopting St. Louis......... 3/27/1972 5/31/1972, 37 FR 10875
Appendix B to NO2 emissions.
(4) CO air quality data base... St. Louis......... 5/2/1972 5/31/1972, 37 FR 10875
(5) Budget and manpower Statewide......... 2/28/1972 10/28/1972, 37 FR 23089
projections.
(6) Emergency episode manual... Kansas City....... 5/11/1972 10/28/1972, 37 FR 23089
(7) Amendments to Air Statewide......... 7/12/1972 10/28/1972, 37 FR 23089
Conservation Law.
(8) Air monitoring plan........ Outstate.......... 7/12/1972 10/28/1972, 37 FR 23089
(9) Amendments to Air Statewide......... 8/8/1972 10/28/1972, 37 FR 23089
Conservation Law.
(10) Transportation control Kansas City....... 5/11/1973 6/22/1973, 38 FR 16550
strategy. 5/21/1973
(11) Analysis of ambient air Kansas City....... 4/11/1974 3/2/1976, 41 FR 8956 [FRL 484-4].
quality data and
recommendation to not
designate the area as an air
quality maintenance area.
(12) Recommendation to St. Louis, 5/6/1974 9/9/1975, 40 FR 41942 [FRL 418-5].
designate air quality Columbia,
maintenance areas. Springfield.
(13) Plan to attain the NAAQS.. Kansas City, St. 7/2/1979 4/9/1980, 45 FR 24140 [FRL 1456-1].
Louis. Correction notice
published 7/11/
1980.
(14) Schedule for I/M program St. Louis......... 9/9/1980 3/16/1981, 46 FR 16895 [A-7-FRL-1778-3].
and commitment regarding
difficult transportation
control measures (TCMs).
(15) Lead SIP.................. Statewide......... 9/2/1980, 4/27/1981, 46 FR 23412, [A7 FRL 1802-8],
2/11/1981, 7/19/1984, 49 FR 29218 [MO 1515; OAR-
2/13/1981 FRL-2633-8].
Correction notice
published 5/15/
1981.
(16) Report on recommended I/M St. Louis......... 12/16/1980 8/27/1981, 46 FR 43139 [A7-FRL 1909-8].
program.
(17) Report outlining St. Louis......... 2/12/1981, 11/10/1981, 46 FR 55518 [A7-FRL 1958-3].
commitments to TCMs, analysis 4/28/1981
of TCMs, and results of CO
dispersion modeling.
(18) 1982 CO and ozone SIP..... St. Louis......... 12/23/1982, 10/15/1984, 49 FR 40164 [EPA Action MO
8/24/1983 999; A-7-FRL-
2691-8].
(19) Air quality monitoring Statewide......... 6/6/1984 9/27/1984, 49 FR 38103 [EPA Action MO
plan. 1586; A-7-FRL-
2682-5].
(20) Vehicle I/M program....... St. Louis......... 8/27/1984 8/12/1985, 50 FR 32411 [MO-1619; A-7-FRL-
2880-9].
(21) Visibility protection plan Hercules Glades 5/3/1985 2/10/1986, 51 FR 4916 [A-7-FRL-2967-5;
and Mingo MO 1809].
Wildlife Area..
(22) Plan for attaining the St. Louis......... 8/1/1985 9/3/1986, 51 FR 31328 [A-7-FRL-3073-3].
ozone standard by December 31,
1987.
(23) PM10 plan................. Statewide......... 3/29/1988, 7/31/1989, 54 FR 31524 [FRL-3621-8].
6/15/1988
(24) Construction permit fees Statewide......... 1/24/1989, 1/9/1990, 55 FR 735 [FRL-3703-4].
including Chapter 643 RSMo. 9/27/1989
(25) PSD NOx requirements Statewide......... 7/9/1990 3/5/1991, 56 FR 9172 [FRL-3908-6].
including a letter from the
state pertaining to the rules
and analysis.
[[Page 309]]
(26) Lead plan................. Herculaneum....... 9/6/1990, 3/6/1992, 57 FR 8076 [MO6-1-5333; FRL-
5/8/1991 4102-7].
(27) Ozone maintenance plan.... Kansas City....... 10/9/1991 6/23/1992, 57 FR 27939 [Moll-1-5440; FRL-
4140-7].
(28) Small business assistance Statewide......... 3/10/1993 10/26/1993, 58 FR 57563 [MO-14-5860; FRL-
plan. 4700-8].
(29) Part D Lead plan.......... Herculaneum....... 7/2/1993, 5/5/1995, 60 FR 22274 [MO-17-1-6023A;
6/30/1994, FRL-5197-7].
11/23/1994
(30) Intermediate permitting Statewide......... 3/31/1994, 9/25/1995, 60 FR 49340 [MO-21-1-6443(a);
program including three 11/7/1994, FRL-5289-6].
letters pertaining to 10/3/1994,
authority to limit potential 2/10/1995
to emit hazardous air
pollutants.
(31) Part D lead plan.......... Bixby............. 7/2/1993, 8/4/1995, 60 FR 39851 [MO-18-1-6024A;
6/30/1994 FRL-5263-9].
(32) Transportation conformity St. Louis, Kansas 2/14/1995 2/29/1996, 61 FR 7711 [MO-29-1-7151a;
plans including a policy City. FRL-5425-2].
agreement and a letter
committing to implement the
state rule consistent with the
Federal transportation
conformity rule.
(33) Emissions inventory update Kansas City....... 4/12/1995 4/25/1996, 61 FR 18251 [KS-6-1-6985, MO-
including a motor vehicle 31-1-7153; FRL
emissions budget. 5448-9].
(34) Part D Lead Plan.......... Glover............ 8/14/1996 3/5/1997, 62 FR 9970 [MO-015-1015a;
FRL-5682-5].
(35) CO Maintenance Plan....... St. Louis......... 6/13/1997, 1/26/1999, 64 FR 3855 [MO 043-1043(a);
6/15/1998 FRL-6220-1].
(36) 1990 Base Year Inventory.. St. Louis......... 1/20/1995 2/17/2000, 65 FR 8060 [MO 092-1092; FRL-
6528-7].
(37) 15% Rate-of-Progress Plan. St. Louis......... 11/12/1999 5/18/2000, 65 FR 31485 [MO 103-1103; FRL-
6701-3].
(38) Implementation plan for St. Louis......... 11/12/1999 5/18/2000, 65 FR 31480 [MO 096-1096b;
the Missouri inspection FRL-6701-6].
maintenance program.
(39) Doe Run Resource Recycling Dent Township in 5/17/2000 10/18/2000, 65 FR 62295 [MO 114-1114a;
Facility near Buick, MO. Iron County. FRL-6885-6].
(40) Commitments with respect Statewide......... 8/8/2000 12/28/2000, 65 FR 82285 [Region 7
to implementation of rule 10 Tracking No. 113-
CSR 10-6.350, Emissions 1113a; FRL-6923-
Limitations and Emissions 2].
Trading of Oxides of Nitrogen.
(41) Contingency Plan including St. Louis......... 10/6/1997, 6/26/2001, 66 FR 33996 [Tracking No. MO-
letter of April 5, 2001. 4/5/2001 0132-1132, IL
196-3; FRL-7001-
7].
(42) Ozone 1-Hour Standard St. Louis......... 11/10/1999, 6/26/2001, 66 FR 33996 [MO-0132-1132, IL
Attainment Demonstration Plan 11/2/2000, 196-3;FRL-7001-7
for November 2004 including 2/28/2001, ].
2004 On-Road Motor Vehicle 3/7/2001
Emissions Budgets.
(43) Doe Run Resources Herculaneum, MO... 1/9/2001 4/16/2002, 67 FR 18497 [MO 151-1151; FRL-
Corporation Primary lead 7170-6].
Smelter, 2000 Revision of Lead
SIP.
(44) Doe Run Resources Glover, MO........ 6/15/2001 4/16/2002, 67 FR 18497 [MO 151-1151; FRL-
Corporation Primary Lead 7170-6].
Smelter, 2000 Revision of Lead
SIP.
[[Page 310]]
(45) Maintenance Plan for the St. Louis......... 12/6/2002 5/12/2003, 68 FR 25414 [MO 181-1181; FRL-
Missouri Portion of the St. 7494-6].
Louis Ozone Nonattainment Area
including 2014 On-Road Motor
Vehicle Emission Budgets.
(46) Maintenance Plan for the 1- Kansas City....... 12/17/2002 1/13/2004, 69 FR 1921 [MO 201-1201; FRL-
hour ozone standard in the 7608-8].
Missouri portion of the Kansas
City maintenance area for the
second ten-year period.
(47) Vehicle I/M Program....... St. Louis......... 10/1/2003 5/13/2004, 69 FR 26503 [R07-OAR-2004-MO-
0001; FRL-7661-
4].
(48) Revised Maintenance Plan Dent Township in 4/29/2003 8/24/2004, 69 FR 51953 [R07-OAR-2004-MO-
of Doe Run Resource Recycling Iron County. 0002; FRL-7805-
Facility near Buick, MO. 1].
(49) Lead Maintenance Plan..... Iron County (part) 1/26/2004 10/29/2004, 69 FR 63072 [R07-OAR-2004-MO-
within boundaries 0003; FRL-7831-
of Liberty and 1].
Arcadia Townships.
(50) Revision to Maintenance Kansas City....... 10/28/2005 6/26/2006, 71 FR 36210 [EPA-R07-OAR-2006
Plan for the 1-hour ozone -0286; FRL-8188-
standard in the Missouri 6].
portion of the Kansas City
maintenance area for the
second ten-year period.
(51) CAA 110(a)(2)(D)(i) SIP-- Statewide......... 2/27/2007 5/8/2007, 72 FR 25085 [EPA-R07-OAR-2007
Interstate Transport. -0249 FRL-8310-
5].
(52) Submittal of the 2002 Base St. Louis......... 6/15/2006 5/31/2007, 72 FR 30272 [EPA-R07-OAR-2007
Year Inventory for the -0383; FRL-8318-
Missouri Portion of the St. 8].
Louis 8-hour ozone
nonattainment area and
Emissions Statement SIP.
(53) Maintenance Plan for the 8- Kansas City....... 5/23/2007 8/9/2007, 72 FR 44778 [EPA-R07-OAR-2007
hour ozone standard in the -0619 FRL-8450-
Missouri portion of the Kansas 7].
City area.
(54) Section 110(a)(2) Statewide......... 2/27/2007 7/11/2011, 76 FR 40619 [EPA-R07-OAR-2011
Infrastructure Requirements -0309 FRL-9429-
for the 1997 8-Hour Ozone 1] This action
NAAQS. addresses the
following CAA
elements, as
applicable:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
(55) VOC RACT Requirements for St. Louis......... 1/17/2007, 1/23/2012, 77 FR 3144. [EPA-R07-OAR-2011
the 8-hour ozone NAAQS. 6/1/2011, 1/6/2014, 79 FR 580 -0859 FRL-9621-
8/30/2011 1] [EPA-R07-OAR-
2012-0767; FRL-
9905-03-Region
7].
(56) CAA Section 110(a)(2) SIP- City of 7/29/2009 2/17/2012, 77 FR 9529 [EPA-R07-OAR-2008
1978 Pb NAAQS. Herculaneum, MO. -0538; FRL-9632-
7].
(57) Regional Haze Plan for the Statewide......... 8/5/2009, 6/26/2012, 77 FR 38007 [EPA-R07-OAR-2012
first implementation period. supplemented 1/ -0153; FRL-9688-
30/2012 1] Sec.
52.1339(c);
Limited
Approval.
(58) Section 110(a)(2) Statewide......... 2/27/2007 6/21/2013; 78 FR 37457 [EPA-R07-OAR-2013
Infrastructure Requirements -0208; FRL-9825-
for the 1997 PM2.5 NAAQS. 7] This action
addresses the
following CAA
elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II)
prongs 3 and 4,
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
[[Page 311]]
(59) Section 110(a)(2) Statewide......... 12/28/2009 6/21/2013; 78 FR 37457 [EPA-R07-OAR-2013
Infrastructure Requirements -0208; FRL-9825-
for the 2006 PM2.5 NAAQS. 7] This action
addresses the
following CAA
elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II)
prongs 3 and 4,
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M)
(60) Section 128 Declaration: Statewide......... 8/8/2012 6/21/2013; 78 FR 37457 [EPA-R07-OAR-2013
Missouri Air Conservation -0208; FRL-9825-
Commission Representation and 7].
Conflicts of Interest
Provisions; Missouri Revised
Statutes (RSMo) RSMo 105.450,
RSMo 105.452, RSMo 105.454,
RSMo 105.462, RSMo 105.463,
RSMo 105.466, RSMo 105.472,
and RSMo 643.040.2.
(61) Section 110(a)(2) Statewide......... 12/20/2011 8/19/2014, 79 FR 48994 [EPA-R07-OAR-2014
Infrastructure Requirements -0290; FRL-9915-
for the 2008 Pb NAAQS. 28-Region 7]
This action
addresses the
following CAA
elements:
110(a)(2)(A),
(B), (C), (D),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
(62) Implementation Plan for City of 4/18/2013 10/20/2014, 79 FR 62574 [EPA-R07-OAR-2014
the 2008 Lead NAAQS. Herculaneum, MO. -0448; FRL-9918-
18-Region-7]
(63) Sections 110(a)(1) and Statewide......... 7/8/2013 3/22/2018, 83 FR 12496 This action
110(a)(2) Infrastructure approves the
Requirements for the 2008 following CAA
Ozone NAAQS. elements:
110(a)(1) and
110(a)(2)(A),
(B), (C),
(D)(i)(II)--pron
g 3, (D)(ii),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
110(a)(2)(D)(i)(
I)--prongs 1 and
2 are addressed
by Federal
Implementation
Plans.
110(a)(2)(I) is
not applicable.
[EPA-R07-OAR-201
5-0356; FRL-9975-
71-Region 7].
(64) Sections 110(a)(1) and Statewide......... 4/30/2013 3/22/2018, 83 FR 12496 This action
110(a)(2) Infrastructure approves the
Requirements for the 2010 following CAA
Nitrogen Dioxide NAAQS. elements:
110(a)(1) and
110(a)(2)(A),
(B), (C),
(D)(i)(I),
(D)(i)(II)--pron
g 3, (D)(ii),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
110(a)(2)(I) is
not applicable.
[EPA-R07-OAR-201
7-0268; FRL-9975-
71-Region 7].
[[Page 312]]
(65) Sections 110(a)(1) and Statewide......... 7/8/2013 3/22/2018, 83 FR 12496 This action
110(a)(2) Infrastructure approves the
Requirements for the 2010 following CAA
Sulfur Dioxide NAAQS. elements:
110(a)(1) and
110(a)(2)(A),
(B), (C),
(D)(i)(II)--pron
g 3, (D)(ii),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
EPA is not
acting on
110(a)(2)(D)(i)(
I)--prongs 1 and
2. 110(a)(2)(I)
is not
applicable. EPA
intends to act
on
110(a)(2)(D)(i)(
II)--prong 4 in
a separate
action. [EPA-R07-
OAR-2017-0515;
FRL-9975-71-Regi
on 7].
(66) Cross State Air Pollution Statewide......... 3/30/2015 8/24/2015, 80 FR 51135
Rule--State-Determined
Allowance Allocations for the
2016 control periods.
(67) Missouri 8-Hour CO Second St. Louis......... 4/8/2014 10/2/2015, 80 FR 59614 EPA-R07-OAR-2015-
Ten year Limited Maintenance 0513; FRL-9934-
Plan.. 98-Region 7]
(68) Missouri Early Progress St. Louis......... 8/26/2013 1/14/2016, 81 FR 1890 [EPA-R07-OAR-2015
Plan. -0587; FRL-9941-
01-Region 7].
(69) Marginal Plan for the Statewide......... 9/9/2014 2/25/2016, 81 FR 9350 EPA-R07-OAR-2015-
Missouri Portion of the St. 0438; 9942-76-
Louis Ozone Nonattainment Area Region 7.
for the 2008 NAAQS.
(70) State Implementation Plan Statewide......... 9/5/2014 8/1/2016, 81 FR 50353; 9/ Missouri
(SIP) Revision for Regional 24/2018, 83 FR 48242 submitted a
Haze (2014 Five-year Progress clarification
Report). letter to its
Five-year
Progress Report
on July 31, 2017
that is part of
this action.
[EPA-R07-OAR-201
5-0581; FRL-9949-
68--Region 7];
[EPA-R07-OAR-201
8-0211; FRL-9984-
22--Region 7.]
(71) Exide Technologies Forest City....... 10/15/2014 9/26/2016, 81 FR 65898 [EPA-R07-OAR-2015
Compliance Plan 2008 lead -0835; FRL 9952-
NAAQS. 79-Region 7].
(72) Sections 110(a)(1) and Statewide......... 10/14/2015 3/22/2018, 83 FR 12496 This action
110(a)(2) Infrastructure approves the
Requirements for the 2012 following CAA
Annual Fine Particulate Matter elements:
(PM2.5) NAAQS. 110(a)(1) and
110(a)(2)(A),
(B), (C),
(D)(i)(II)--pron
g 3, D(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
110(a)(2)(I) is
not applicable.
[EPA-R07-OAR-201
7-0513; FRL-9975-
71-Region 7].
(73) Missouri State Statute Statewide......... 10/14/2015 3/22/2018, 83 FR 12496 EPA-R07-OAR-2017-
section 105.483(5) RSMo 2014, 0513; FRL-9975-
and Missouri State Statute 71-Region 7.
section 105.485 RSMo 2014.
(74) Sections 110(a)(2) Statewide......... 7/8/2013; 8/30/ 9/24/2018, 83 FR 48242 This action
Infrastructure Prong 4 2013; 7/8/ approves the
Requirements for the 2008 2013; 10/14/ following CAA
Ozone, 2010 Nitrogen Dioxide, 2015 elements:
2010 Sulfur Dioxide, and the 110(a)(2)(D)(i)(
2012 Fine Particulate Matter II)--prong 4.
NAAQS. [EPA-R07-OAR-201
8-0211; FRL-9984-
22--Region 7.
[[Page 313]]
(75) Section Statewide......... 10/14/2015 10/1/2018, 83 FR 49298 This action
110(a)(2)(D)(i)(I)--significan approves the
t contribution to following CAA
nonattainment (prong 1), and elements:
interfering with maintenance 110(a)(1) and
of the NAAQs (prong 2) 110(a)(2)(D)(i)(
(Interstate Transport) I)--prongs 1 and
Infrastructure Requirements 2 [EPA-R07-OAR-
for the 2012 Annual Fine 2018-0261; FRL-
Particulate Matter (PM2.5) 9983-77--Region
NAAQS. 7.]]
(76) Jackson County 1-Hour SO2 Jackson County.... 10/15/2015 2/13/2019, 84 FR 3703 [EPA-R07-OAR-2018
NAA Baseline Emissions -0700; FRL-9988-
Inventory. 46-Region 7].
(77) Jefferson County 1-Hour Jefferson County.. 6/1/2015 2/13/2019, 84 FR 3703 [EPA-R07-OAR-2018
SO2 NAA Baseline Emissions -0700; FRL-9988-
Inventory. 46-Region 7].
----------------------------------------------------------------------------------------------------------------
[64 FR 34719, June 29, 1999]
Editorial Note: For Federal Register citations affecting Sec.
52.1320, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1321 Classification of regions.
The Missouri plans were evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Kansas City Interstate.................. I III III I I
Southwest Missouri Intrastate........................ I III III III III
Southeast Missouri Intrastate........................ III III III III III
Northern Missouri Intrastate......................... II III III III III
Metropolitan St. Louis Interstate.................... I I III I I
----------------------------------------------------------------------------------------------------------------
[37 FR 10875, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]
Sec. 52.1322 Original Identification of Plan Section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Missouri'' and all revisions submitted by Missouri that
were Federally approved prior to July 1, 1999.
(b) The plans were officially submitted on January 24, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Budget and manpower projections were submitted by the State Air
Conservation Commission (ACC) on February 28, 1972. (Non-regulatory)
(2) A memorandum from the State Air Conservation Commission
concerning the effects of adopting Appendix B to NO2
emissions in the St. Louis area was submitted on March 27, 1972. (Non-
regulatory)
(3) The determination of the CO air quality data base on the St.
Louis area was submitted on May 2, 1972, by the Air Conservation
Commission. (Non- regulatory)
(4) The emergency episode operations/communications manual for the
Kansas City area was submitted on May 11, 1972, by the State Air
Conservation Commission. (Non-regulatory)
(5) Amendments to the Air Conservation Law, Chapter 203, and plans
for air monitoring for outstate Missouri were
[[Page 314]]
submitted July 12, 1972, by the Air Conservation Commission.
(6) The following amendments to the St. Louis and Kansas City
outstate plans were submitted August 8, 1972, by the State ACC: Air
Conservation Law, Chapter 203; Kansas City Ordinance, Chapter 18;
Regulations XVIII, XX, XXVI (St. Louis); Regulations X, XII, XVII
(Kansas City) and Regulations S-11, S-X111 and S-X11 (outstate).
(7) Letters discussing transportation control strategy for Kansas
City Interstate AQCR submitted by the State ACC on May 11 and 21, 1973.
(Non-regulatory)
(8) Alert plan for St. Louis County and outstate Missouri was
submitted on May 24, 1973, by the ACC. (Regulatory)
(9) Copy of the State's analysis of ambient air quality in the
Missouri portion of the Metropolitan Kansas City Interstate Air Quality
Control Region and recommendation that the area not be designated as an
Air Quality Maintenance Area submitted by the Missouri Air Conservation
Commission on April 11, 1974. (Non-regulatory)
(10) Copy of the State's analysis of the Missouri portion of the
Metropolitan St. Louis Interstate Standard Metropolitan Statistical Area
(SMSA), the Columbia SMSA and the Springfield SMSA and recommendations
for the designation of Air Quality Maintenance Areas submitted by the
Missouri Air Conservation Commission on May 6, 1974. (Non-regulatory)
(11) Compliance Schedules were submitted by the Missouri Air
Conservation Commission on June 3 and October 1, 1976.
(12) Compliance Schedules were submitted by the Missouri Air
Conservation Commission on November 23, 1976.
(13) On August 28, 1978, the following revisions were submitted by
the Missouri Department of Natural Resources:
(i) The recodification of Missouri regulations of July 1, 1976, now
contained in Title 10, Division 10 of the Code of State Regulations.
(ii) Title 10, Division 10, Chapter 6 of the Code of State
Regulations which contains air quality standards, definitions, and
reference methods.
(iii) Missouri Rule 10 CSR 10-2.200; Rule 10 CSR 10-3.150; and Rule
10 CSR 10-4.190 pertaining to control of SO2 from indirect
heating sources.
(iv) Missouri Rule 10 CSR 10-2.030; Rule 10 CSR 10-3.050; Rule 10
CSR 10-4.030; and 10 CSR 10-5.050 exempting certain process sources from
the process weight regulations for particulate matter.
(v) Missouri Rule 10 CSR 10-2.190; Rule 10 CSR 10-3.140; Rule 10 CSR
10-4.180; and Rule 10 CSR 10-5.280 which contain the ``Standards of
Performance for New Stationary Sources,'' found at 40 CFR part 60 as in
effect on January 18, 1975.
(vi) Missouri Rule 10 CSR 10-2.060; Rule 10 CSR 10-3.080; Rule 10
CSR 10-4.060; and Rule 10 CSR 10-5.090 which require continuous opacity
monitors for certain sources.
(vii) Missouri Rule 10 CSR 10-5.140 for determining settlable acid
and alkaline mists is rescinded.
(viii) The EPA is taking no action on Rule 10 CSR 10-5.100; 10 CSR
10-2.050, and 10 CSR 10-3.070 which limit fugitive particulate emissions
from the handling, transporting and storage of materials in the State of
Missouri.
(14) On March 12, 1979, the Missouri Department of Natural Resources
submitted Rule 10 CSR 10-3.100 and Rule 10 CSR 10-5.150 establishing
revised SO2 emission limits for primary lead smelters.
(15) On March 1, 1979, the Missouri Department of Natural Resources
submitted a revision of regulation 10 CSR 10-5.110 revising the
allowable emission rates of sulfur dioxide from Union Electric's Sioux
and Labadie power plants.
(16) On July 2, 1979, the State of Missouri submitted a plan to
attain the National Ambient Air Quality Standards for the Kansas City
and St. Louis areas of the state designated nonattainment under section
107 of the Clean Air Act, as amended in 1977. Included in the plan are
the following approved regulations as amended, in part, in subsequent
submittals:
(i) Rule 10 CSR 10-2.210 and 10 CSR 10-5.300 Control of Emissions
from Solvent Metal Cleaning are approved as RACT;
[[Page 315]]
(ii) Rule 10 CSR 10-2.220 and 10 CSR 10-5.310 Liquified Cutback
Asphalt Paving Restriated are approved as RACT;
(iii) Rule 10 CSR 10-5.220 Control of Petroleum Liquid Storage,
Loading and Transfer (St. Louis) is approved as RACT.
(iv) Rule 10 CSR 10-2.260 Control of Petroleum Liquid Storage,
Loading and Transfer (Kansas City) is approved as RACT;
(v) Rule 10 CSR 10-5.030 Maximum Allowable Emission of Particulate
Matter from Fuel Burning Equipment Used for Indirect Heating is approved
as RACT;
(vi) Rule 10 CSR 10-5.090 Restriction of Emission of Visible Air
Contaminants is approved as RACT;
(vii) Rule 10 CSR 10-5.290 More Restrictive Emission Limitations for
Sulfur Dioxide and Particulate Matter in South St. Louis is approved as
RACT;
(viii) Rule 10 CSR 10-2.040 Maximum Allowable Emission of
Particulate Matter from Fuel Burning Equipment Used for Indirect Heating
is approved as RACT;
(ix) Rule 10 CSR 10-2.240 Restriction of Emissions of Volatile
Organic Compounds from Petroleum Refinery Sources is approved as RACT;
(x) Rule 10 CSR 10-2.250 Control of Volatile Leaks from Petroleum
Refinery Equipment is approved as RACT; and
(xi) Rule 10 CSR 10-2.230 and 10 CSR 10-5.330 Control of Emissions
from Industrial Surface Coating Operations is approved as RACT.
(17) On July 2, 1979, the Missouri Department of Natural Resources
submitted variances (compliance schedules) for Union Electric Company's
Labadie power plant, River Cement Company, and Monsanto Company's Queeny
plant. The compliance schedules require these sources to comply with
revised Rule 10 CSR 10-5.090. In addition, the Labadie power plant is
required to come into compliance with Rule 10 CSR 10-5.030.
(18) On April 7, 1980 the State of Missouri submitted plan revisions
for the review and permitting of sources of air pollutant emissions in
nonattainment areas. Included in the plan are Missouri regulations 10
CSR 10-6.020, Definitions, and 10 CFR 10-6.060, Permits Required, as
amended, in part, in subsequent submittals, which are approved as
meeting the requirements of sections 172(b)(6), 172(b)(11)(A) and 173.
(19) On July 2, 1979, the Missouri Department of Natural Resources
submitted the variance for the University of Missouri power plant.
(20) On March 11, 1977 the Missouri Department of Natural Resources
submitted a variance for Noranda Aluminum.
(21) On June 25, 1979 the Missouri Department of Natural Resources
submitted a variance for Associated Electric Cooperative in New Madrid.
(22) On April 25, 1979, the Missouri Department of Natural Resources
submitted the variance for the Union Electric Company's Meramec power
plant.
(23) Revisions to Rule 10 CSR 10-2.260 Control of Petroleum Liquid
Storage, Loading and Transfer (Kansas City), submitted on September 5,
1980, amending the vapor pressure limit in Section 2(A) and amending the
limit on gasoline loading in Section 3(B)(1), are approved as RACT.
(24) A schedule for an inspection and maintenance program in St.
Louis and a commitment by the East-West Gateway Coordinating Council
regarding difficult transportation control measures, submitted on
September 9, 1980.
(25) On September 5, 1980, the State of Missouri submitted new
regulations and amendments to existing regulations to control emissions
of volatile organic compounds in the St. Louis and Kansas City ozone
nonattainment areas. Included in the plan revision are the following
approved regulations as amended, in part, in subsequent submittals:
(i) Amendments to Rule 10 CSR 10-2.230 and to Rule 10 CSR 10-5.330,
Control of Emissions from Industrial Surface Coating Operations, are
approved as RACT;
(ii) Amendments to Rule 10 CSR 10-2.260 and to Rule 10 CSR 10-5.220,
Control of Petroleum Liquid Storage, Loading and Transfer, are approved
as RACT;
(iii) Amendments to Rule 10 CSR 10-6.020, Definitions, and to Rule
10 CSR 10-6.030, Sampling Methods for Air Pollution Sources, and to Rule
10 CSR 10-
[[Page 316]]
6.040, Reference Methods, are approved as RACT;
(iv) Rule 10 CSR 10-2.280 and Rule 10 CSR 10-5.320, Control of
Emissions from Perchloroethylene Dry Cleaning Installations, are
approved as RACT;
(v) Rule 10 CSR 10-2.290, Control of Emissions from Rotogravure and
Flexographic Printing Facilities, is approved as RACT;
(vi) Rule 10 CSR 10-5.350, Control of Emissions from the Manufacture
of Synthesized Pharmaceutical Products, is approved as RACT;
(vii) Rule 10 CSR 10-5.340, Control of Emissions from Rotogravure
and Flexographic Printing Facilities is approved as RACT.
(26) On September 2, 1980, the Missouri Department of Natural
Resources submitted the State Implementation Plan for Lead. On February
11 and 13, 1981, the Missouri Department of Natural Resources submitted
two letters containing additional information concerning the State
Implementation Plan for Lead.
(27) On September 5, 1980, the state of Missouri submitted a plan
revision which involved provisions for start-up, shutdown, and
malfunction conditions. Included in the plan are new Missouri Rule 10
CSR 10-6.050, Start-up Shutdown, and MalfunctionConditions; and
revisions to Rule 10 CSR 10-6.020, Defintions and Amended Start-up,
Shutdown and Malfunction Provisions in Rules 10 CSR 10-2.030, 10-3.050,
10-3.060, 10-3.080, 10-4.030, 10-4.040, and 10-5.050.
(28) Revisions to Rule 10 CSR 10-6.060 Permits Required, submitted
on April 7, 1981.
(29) A revision to Rule 10 CSR 10-5.220 Control of Petroleum Liquid
Storage, Loading and Transfer (St. Louis), submitted on April 14, 1981,
amending the emission limit in Section 3, is approved as RACT.
(30) A report on the recommended type of I/M program, stringency
factor, vehicle test mix, and program resources and justification,
submitted on December 16, 1980, is approved as meeting the applicable
condition on the SIP. No action is being taken with respect to the
approvability of the specific recommendation sin the report.
(31) A report from the East-West Gateway Coordinating Council
outlining commitments to transportation control measures, an analysis of
those measures, and the results of the carbon monoxide dispersion
modeling, submitted on February 12 and April 28, 1981, is approved as
meeting the applicable condition on the SIP.
(32) A variance from Missouri Rule 10 CSR 10-3.050 Restriction of
Emission of Particulate Matter From Industrial Processes, for St. Joe
Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the
Missouri Department of Natural Resources on May 6, 1981 with
supplementary information submitted on June 22 and July 28, 1981.
(33) On September 5, 1980, the Missouri Department of Natural
Resources submitted a revision of Missouri Rule 10 CSR 10-3.050,
Restriction of Emission of Particulate Matter from Industrial Processes,
which exempts existing Missouri type charcoal kilns from the rule.
(34) A variance from Missouri Rules 10 CSR 10-3.060, Maximum
Allowable Emissions of Particulate Matter from Fuel Burning Equipment
Used for Indirect Heating, and 10 CSR 10-3.080, Restriction of Emission
of Visible Air Contaminants, was submitted by the Missouri Department of
Natural Resources on August 12, 1981.
(35) A variance from Missouri Rule 10 CSR 10-2.260, Control of
Petroleum Liquid Storage, Loading and Transfer for the Kansas City
Metropolitan Area, was submitted by the Missouri Department of Natural
Resources on June 11, 1981.
(36) Revisions to Rule 10 CSR 10-5.340, Control of Emissions from
Rotogravure and Flexographic Printing Facilities, submitted on April 15,
1982, are approved as RACT.
(37) On April 15, 1982, the State of Missouri submitted a new Rule
10 CSR 10-6.060, Permits Required, and Amendments to Rule 10 CSR
10.6020, Definitions, involving the review and permitting of new sources
of air pollution. Included in the plan are provisions relating to the
attainment area (PSD) new source review. The plan also includes new
source review provisions of nonattainment areas in the State.
[[Page 317]]
(38) Revisions to Rules 10 CSR 10-2.280 (Kansas City) and 10 CSR 10-
5.320 (St. Louis), both entitled Control of Emissions from
Perchloroethylene Dry Cleaning Installations, and 10 CSR 10-5.290, More
Restrictive Emission Limitations for Sulfur Dioxide and Particulate
Matter in the South St. Louis Area, submitted on July 13, 1982, are
approved.
(39) [Reserved]
(40) The 1982 carbon monoxide and ozone state implementation plan
revisions were submitted by the Department of Natural Resources on
December 23, 1982. A revised version of the 1982 carbon monoxide and
ozone plan was submitted by the Department of Natural Resources on
August 24, 1983. This version contained updated inventories, attainment
demonstrations and schedules to adopt rules. The submission included new
rule 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag Sealing
Operations. (No action was taken with respect to provisions dealing with
control strategy demonstration, reasonable further progress and
inspection and maintenance of motor vehicles.)
(41) Revised rule 10 CSR 10-1.010, General Organization, was
submitted by the Missouri Department of Natural Resources on December
30, 1982.
(42) [Reserved]
(43) On March 26, 1984, the Missouri Department of Natural Resources
submitted a revision to the September 2, 1980, lead State Implementation
Plan pertaining to item 4 of the consent order for the St. Joe Lead
Company. The revision consists of a substitution of equivalent control
measures for item 4.
(44) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of
Emission of Particulate Matter from Industrial Processes, for the St.
Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by
the Missouri Department of Natural Resources on July 1, 1983.
(45) The Missouri Department of Natural Resources submitted
revisions to regulations 10 CSR 10-2.100, 3.030, 4.090, and 5.070
requiring operating permits for open burning of untreated wood waste at
solid waste disposal and processing installations effective April 12,
1984.
(46) On June 6, 1984, the Missouri Department of Natural Resources
submitted the Air Quality Monitoring State Implementation Plan.
(47) In a letter dated August 14, 1984, the Missouri Department of
Natural Resources submitted the rules, 10 CSR 10-6.030, Sampling Methods
for Air Pollution Sources, and 10 CSR 10-6.040, Reference Methods.
(48) Revised rules 10 CSR 10-2.040, 3.060, 4.040 and 5.030 all
entitled ``Maximum Allowable Emission of Particulate Matter from Fuel
Burning Equipment Used for Indirect Heating'' were submitted September
24, 1984, by the Department of Natural Resources.
(49) On October 5, 1984, the Missouri Department of Natural
Resources submitted a revision to the September 2, 1980, lead State
Implementation Plan pertaining to item 6 of the Consent Order for the
AMAX Lead Company. The revision consists of a substitution of equivalent
control measures for item 6.
(50) The Missouri Department of Natural Resources submitted an
amendment to Rule 10 CSR 10-5.330 ``Control of Emissions from Industrial
Surface Coating Operations,'' limiting emissions from surface coating of
plastic parts and new Rule 10 CSR 10-5.370 ``Control of Emissions from
the Application of Deadeners and Adhesives'' on January 24, 1984; and
new Rule 10 CSR 10-5.390, ``Control of Emissions from Manufacture of
Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating
Products'' and an amendment to 10 CSR 10-6.020, ``Definitions'' on April
10, 1984. (Approval action was deferred on 10 CSR 10-5.370.)
(51) The motor vehicle inspection and maintenance program for the
St. Louis area was submitted August 27, 1984, by the Department of
Natural Resources.
(i) Incorporation by reference.
(A) Amendment to Regulations 10 CSR 10-5.380, ``Motor Vehicle
Emissions Inspections'', published in the Missouri Register January 3,
1982;
(B) Missouri Revised Statutes, Sections 307.350 through 307.395,
``Motor Vehicle Safety Inspection'', as revised September 1983;
[[Page 318]]
(C) Regulations 11 CSR 50-2.010 through 11 CSR 50-2.410, ``Missouri
Motor Vehicle Inspection Regulations'', as revised July 1, 1982.
(ii) Additional material.
(A) I/M Implementation Schedule.
(B) Highway Patrol Forms.
(C) Missouri Certified Emission Analyzers.
(D) Missouri Department of Revenue Policy.
(E) Highway Patrol QC Manual.
(F) EPA Approval of RACT Compliance.
(G) Public Awareness Materials.
(52) [Reserved]
(53) A rule requiring sources to keep records and report data and
requiring emission data to be made public was submitted January 22,
1985, by the Department of Natural Resources. This rule replaces
previous rules 10 CSR 10-2.130, 3.130, 4.120, and 5.210, all entitled
``Submission of Emission Information'' which were approved as parts of
the State Implementation Plan; and previous rules 10 CSR 10-2.180,
3.120, 4.170, and 5.270, all entitled ``Public Availability of Emission
Data'' which were not approved prior to the submission of this
replacement rule.
(i) Incorporation by reference. A new regulation 10 CSR 10-6.110
published in the Missouri Register November 1, 1984.
(54) A new rule, Controlling Emissions During Episodes of High Air
Pollution Potential, was submitted by the Department of Natural
Resources on January 22, 1985.
(i) Incorporation by reference. 10 CSR 10-6.130, Controlling
Emissions During Episodes of High Air Pollution Potential, adopted by
the Missouri Air Conservation Commission and effective on October 11,
1984.
(ii) Additional material. The State has rescinded rules 10 CSR 10-
2.170, 3.110, 4.160, and 5.260, all entitled ``Rules for Controlling
Emission During Periods of High Air Pollution Potential.''
(55) [Reserved]
(56) The Missouri Department of Natural Resources submitted the
Protection of Visibility Plan, 1985, on May 3, 1985.
(i) Incorporation by reference.
(A) Amendments to Missouri Rule 10 CSR 10-6.020, Definitions, and
Rule 10 CSR 10-6.060, Permits Required. These Amendments were adopted by
the Missouri Air Conservation Commission and became effective on May 11,
1985.
(ii) Additional material.
(A) Narrative description of visibility new source review program
for Class I areas in Missouri.
(B) Visibility monitoring plan for Class I areas in Missouri.
(57) On July 1, 1985, the Missouri Department of Natural Resources
submitted amendments to Rules 10 CSR 10-5.220 for the St. Louis
Metropolitan Area, and 10 CSR 10-2.260 for the Kansas City Metropolitan
Area. The amendments require bulk gasoline plants to be equipped with a
vapor recovery system if their monthly throughput is greater than the
exemption level.
(i) Incorporation by reference.
(A) 10 CSR 10-5.220, and 10 CSR 10-2.260, Control of Emissions from
Petroleum Liquid Storage, Loading, and Transfer, as published in the
Missouri Register on May 1, 1985.
(58) A plan revision demonstrating that the ozone standard will be
attained in the St. Louis ozone nonattainment area by December 31, 1987,
was submitted by the Department of Natural Resources on August 1, 1985.
(i) Incorporation by reference.
(A) An agreement and variance modification order dated July 18,
1985, signed by the Missouri Air Conservation Commission and the General
Motors (GM) Corporation requiring that the GM St. Louis assembly plant
meet interim emission limitations and comply with the SIP by shutdown by
December 31, 1987.
(ii) Additional material.
(A) A revised and corrected emission inventory for base year 1980.
(B) A revised projected year 1987 inventory demonstrating that the
additional emission reductions from two new regulations and one plant
shutdown, in addition to reductions already required, will be adequate
to reduce ambient ozone concentrations to the National Ambient Air
Quality Standard for ozone.
[[Page 319]]
(59) A new rule, Control of Emissions from the Production of Maleic
Anhydride, was submitted by the Department of Natural Resources on
January 21, 1986.
(i) Incorporation by reference.
(A) 10 CSR 10-5.400, Control of Emissions from the Production of
Maleic Anhydride, adopted by the Missouri Air Conservation Commission
and effective on October 26, 1985.
(60) A plan revision to correct motor vehicle inspection and
maintenance testing deficiencies was submitted by the Department of
Natural Resources on December 29, 1987.
(i) Incorporation by reference.
(A) Regulations 11 CSR 50-2.370 and 11 CSR 50-2.400, effective June
25, 1987.
(61) On June 9, 1986, the state of Missouri submitted an amendment
to Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading,
and Transfer. This amendment requires the control of volatile organic
compound emissions from the refueling of motor vehicles in the St. Louis
Metropolitan Area.
(i) Incorporation by reference.
(A) 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading,
and Transfer, revised paragraphs 4, 5, 6, 7, 8, and 9, published in the
Missouri Register on May 1, 1985.
(62) A new rule, Control of Equipment Leaks from Synthetic Organic
Chemical and Polymer Manufacturing Plants, was submitted by the
Department of Natural Resources on November 19, 1986.
(i) Incorporation by reference, 10 CSR 10-5.420, Control of
Equipment Leaks from Synthetic Organic Chemical and Polymer
Manufacturing Plants, effective on September 26, 1986.
(63) An amendment to the rule, Restriction of Emissions of Sulfur
Compounds, was submitted by the Department of Natural Resources on
November 19, 1986.
(i) Incorporation by reference.
(A) Amended Regulation 10 CSR 10-3.100, Restriction of Emission of
Sulfur Compounds adopted October 16, 1986, and effective on November 28,
1986.
(64) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of
Emission of Particulate Matter from Industrial Processes, for the St.
Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by
the Missouri Department of Natural Resources on October 22, 1987.
(i) Incorporation by reference.
(A) Variance order modification dated May 21, 1987, issued to St.
Joe Minerals Corporation allowing certain equipment at its Pea Ridge
Iron Ore facility to operate beyond the limitations specified in Rule 10
CSR 10-3.050, Restriction of emissions of Particulate Matter from
Industrial Processes, for outstate Missouri area, effective May 21,
1987.
(65) Revised regulations for the control of volatile organic
compound emissions in the Kansas City area were submitted by the
Missouri Department of Natural Resources on May 21, 1986, and December
18, 1987. The May 21, 1986, submittal also included anozone attainment
demonstration for Kansas City, which will be addressed in a future
action.
(i) Incorporation by reference.
(A) Revision to Rule 10 CSR 10-2.260, Control of Emissions from
Petroleum Liquid Storage, Loading, and Transfer, effective May 29, 1986,
with amendments effective December 24, 1987.
(B) New Rule 10 CSR 10-2.300, Control of Emissions from the
Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied
Surface Coating Products, effective December 12, 1987.
(C) New Rules 10 CSR 10-2.310, Control of Emissions from the
Application of Automotive Underbody Deadeners, and 10 CSR 10-2.320,
Control of Emissions from Production of Pesticides and Herbicides,
effective November 23, 1987.
(D) Rescinded Rules 10 CSR 10-2.240, Control of Emissions of
Volatile Organic Compounds from Petroleum Refinery Equipment, and 10 CSR
10-2.250, Control of Volatile Leaks from Petroleum Refinery Equipment,
effective November 23, 1987.
(E) Revision to Rule 10 CSR 10-6.030, Sampling Methods for Air
Pollution Sources, effective November 23, 1987, with amendments
effective December 24, 1987.
(F) Revision to Rule 10 CSR 10-2.210, Control of Emissions from
Solvent Metal Cleaning, effective December 12, 1987.
[[Page 320]]
(G) Revisions to Rules 10 CSR 10-2.290, Control of Emissions from
Rotogravure and Flexographic Printing Facilities, and 10 CSR 10-6.020,
Definitions, effective December 24, 1987.
(66) The Missouri Department of Natural Resources submitted
revisions to its state implementation plan to incorporate
PM10 on March 29, 1988, May 12, 1988, and June 15, 1988.
(i) Incorporation by reference.
(A) Revisions to the following Missouri air pollution rules:
10 CSR 10-6.010 Ambient Air Quality Standards
10 CSR 10-6.020 Definitions
10 CSR 10-6.040 Reference Methods
10 CSR 10-6.060 Permits Required
10 CSR 10-6.130 Controlling Emissions During Episodes of High Air
Pollution Potential
These rules were published in the Missouri Register on April 18,
1988, and became effective April 28, 1988.
(ii) Additional material.
(A) A revision to the Missouri Monitoring Plan was submitted March
29, 1988.
(B) A narrative description of the PM10 SIP for the state
of Missouri was submitted June 15, 1988.
(67) Plan revisions were submitted by the Missouri Department of
Natural Resources on August 18, 1986, and October 18, 1988, which
implement EPA's July 8, 1985, revised stack height requirements.
(i) Incorporation by reference.
(A) Revisions to rules 10 C.S.R. 10-6.020, Definitions, and 10 CSR
10-6.060, Permits Required, effective May 11, 1986.
(B) New rule 10 C.S.R. 10-6.140, Restriction of Emissions Credit for
Reduced Pollutant Concentrations from the Use of Dispersion Techniques,
effective May 11, 1986.
(C) Revisions to rule 10 CSR 10-6.020, Definitions, effective August
25, 1988.
(68) Revised regulations applicable to air quality models were
submitted by the Missouri Department of Natural Resources on October 18,
1988.
(i) Incorporation by reference.
(A) Revision of rule 10 CSR 10-6.060 ``Permits Required,'' effective
on September 29, 1988.
(69) A plan revision to change the construction permit fees was
submitted by the Department of Natural Resources on January 24, 1989,
and September 27, 1989.
(i) Incorporation by reference.
(A) Revision to 10 CSR 10-6.060, Permits Required, amended December
19, 1988, effective January 1, 1989.
(ii) Additional material.
(A) Chapter 643 RSMo (House Bill Number 1187) passed by the General
Assembly of the state of Missouri in 1988.
(70) The Missouri Department of Natural Resources submitted
amendments to Rule 10 CSR 10-2.230 on December 18, 1987, and December
19, 1988. The rule controls volatile organic compound emissions from
industrial surface coating facilities in the Kansas City area.
(i) Incorporation by reference.
(A) Revision to Rule 10 CSR 10-2.230, Control of Emissions from
Industrial Surface Coating Operations, effective December 24, 1987, with
amendments effective November 24, 1988.
(71) Revisions to regulations for controlling volatile organic
compound emissions in the St. Louis area were submitted by the Missouri
Department of Natural Resources on June 14, 1985; November 19, 1986; and
March 30, 1989.
(i) Incorporation by reference.
(A) New Rule 10 CSR 10-5.410, Control of Emissions from the
Manufacture of Polystyrene Resin, effective May 11, 1985, with
amendments effective September 26, 1986, and March 11, 1989.
(B) Revisions to Rules 10 CSR 10-5.220, Control of Petroleum Liquid
Storage, Loading and Transfer; 10 CSR 10-5.300, Control of Emissions
from Solvent Metal Cleaning; 10 CSR 10-5.310, Liquefied Cutback Asphalt
Paving Restricted; 10 CSR 10-5.320, Control of Emissions from
Perchloroethylene Dry Cleaning Installations; 10 CSR 10-5.340, Control
of Emissions from Rotogravure and Flexographic Printing Facilities; 10
CSR 10-5.350, Control of Emissions of Synthesized Pharmaceutical
Products; 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag
Sealing Operations; 10 CSR 10-5.370, Control of Emissions from the
Application of Deadeners and Adhesives; 10 CSR 10-5.390, Control of
Emissions from the Manufacturing of Paints, Varnishes, Lacquers,
Enamels, and Other Allied Surface Coating Products; 10 CSR 10-5.420,
Control of Equipment Leaks from
[[Page 321]]
Synthetic Organic Chemical and Polymer Manufacturing Plants; and 10 CSR
6.020, Definitions; effective March 11, 1989.
(C) Rescinded Rule 10 CSR 10-5.400, Control of Emissions from
Production of Maleic Anhydride, effective March 11, 1989.
(72) The Missouri Department of Natural Resources submitted new rule
10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating
Operations, and amendments to rule 10 CSR 10-6.020, Definitions, on
January 11, 1990.
(i) Incorporation by reference.
(A) New rule 10 CSR 10-5.330, Control of Emissions from Industrial
Surface Coating Operations, effective November 26, 1989.
(B) Rescinded rule 10 CSR 10-5.330, Control of Emissions from
Industrial Surface Coating Operations, effective November 26, 1989.
(C) Revisions to rule 10 CSR 10-6.020, Definitions, effective
November 26, 1989.
(73) A rule revision to establish gasoline tank truck certification
requirements in ozone nonattainment areas was submitted by the
Department of Natural Resources on July 17, 1990.
(i) Incorporation by reference.
(A) Revision to rule 10 CSR 10-2.260 and 10 CSR 10-5.220 both titled
``Control of Petroleum Liquid Storage, Loading, and Transfer'' effective
May 24, 1990.
(74) Revisions to the circumvention plan submitted by the Missouri
Department of Natural Resources on September 6, 1990.
(i) Incorporation by reference.
(A) Rule at 10 CSR 10-6.150, Circumvention, effective November 30,
1990.
(B) Rescission of rules 10 CSR 10-2.140, Circumvention; CSR 10-
4.130, Circumvention; and 10 CSR 10-5.230, Circumvention, effective
September 28, 1990.
(75) Plan revisions were submitted by the Missouri Department of
Natural Resources on September 25, 1990, which implement EPA's October
17, 1988, PSD NOX requirements.
(i) Incorporation by reference
(A) Revisions to rules 10 CSR 10-6.020 ``Definitions'' and 10 CSR
10-6.060 ``Permits Required'' were adopted by the Missouri Air
Conservation Commission on May 14, 1990, and became effective May 24,
1990.
(ii) Additional Information
(A) Letter from the state dated November 30, 1990, pertaining to
NOX rules and analysis which certifies that the material was
adopted by the state on May 24, 1990.
(76) In submittals dated September 6, 1990, and May 8, 1991, the
Missouri Department of Natural Resources submitted a lead NAAQS
attainment plan for the Doe Run Herculaneum primary lead smelter.
Although Missouri rule 10 CSR 10-6.120 contains requirments which apply
statewide to primary lead smelting operations, EPA takes action on this
rule only insofar as it pertains to the Doe Run Herculaneum facility.
Plan revisions to address the other lead smelters in the state are under
development.
(i) Incorporation by reference.
(A) New rule 10 CSR 10-6.120, Restriction of Emissions of Lead from
Primary Lead Smelter-Refinery Installations, effective December 29,
1988, with amendments effective March 14, 1991.
(B) Consent order, entered into between the Doe Run Company and the
Missouri Department of Natural Resources, dated March 9, 1990.
(C) Supplemental consent order, signed by the Doe Run Company on
July 26, 1990, and by the Missouri Department of Natural Resources on
August 17, 1990.
(ii) Additional material.
(A) Narrative SIP material, submitted on September 9, 1990. This
submittal includes the emissions inventory and attainment demonstration.
(B) The Doe Run Herculaneum Work Practice Manual was submitted on
May 8, 1991. In the May 8, 1991, submittal letter, the state agreed that
any subsequent changes to the work practice manual would be submitted to
EPA as SIP revisions.
(77) Revisions to the state implementation plan for the Kansas City
metropolitan area were submitted by the Director of the Missouri
Department of Natural Resources on October 9, 1991. Revisions include a
maintenance plan which demonstrates continued attainment of the NAAQS
for ozone through
[[Page 322]]
the year 2002. Rule revisions were also submitted on October 9, 1991.
(i) Incorporation by reference.
(A) Revised regulations 10 CSR 10-6.020, Definitions, and 10 CSR 10-
2.220, Liquefied Cutback Asphalt Paving Restricted, effective August 30,
1991; and new regulation 10 CSR 10-2.340, Control of Emissions from
Lithographic Printing Facilities, effective December 9, 1991.
(ii) Additional material.
(A) State of Missouri Implementation Plan, Kansas City Metropolitan
Area Maintenance Provisions, October 1991.
(78) The Missouri Department of Natural Resources submitted new rule
10 CSR 10-6.180, Measurement of Emissions of Air Contaminants, on March
4, 1991.
(i) Incorporation by reference.
(A) New rule 10 CSR 10-6.180 entitled ``Measurement of Emissions of
Air Contaminants'' published November 19, 1990, effective December 31,
1990.
(79) The Missouri Department of Natural Resources submitted an
amendment on March 19, 1992, to add sampling methods to rule 10 CSR 10-
6.030 ``Sampling Methods for Air Pollution Sources.'' On November 20,
1991, Missouri submitted administrative amendments to rule 10 CSR 10-
6.030 which renumber and reorganize sections within that rule. Rules
which reference the renumbered sections of 10 CSR 10-6.030 were also
administratively amended and submitted.
(i) Incorporation by reference.
(A) Revised regulation 10 CSR 10-6.030 ``Sampling Methods for Air
Pollution Sources'' effective September 30, 1991.
(B) Administrative amendments to the sampling citations in the
following rules which are affected by the administrative amendments to
10 CSR 10-6.030: 10 CSR 10-2.210, effective December 12, 1987; 10 CSR
10-2.230, effective November 24, 1988; 10 CSR 10-2.260, effective May
24, 1990; 10 CSR 10-2.280, effective May 13, 1982; 10 CSR 10-2.290,
effective December 24, 1987; 10 CSR 10-2.300, effective December 12,
1987; 10 CSR 10-2.310, effective November 23, 1987; 10 CSR 10-2.320,
effective November 23, 1987; 10 CSR 10-3.160, effective December 11,
1987; 10 CSR 10-5.220, effective May 24, 1990; 10 CSR 10-5.300,
effective March 11, 1989; 10 CSR 10-5.320, effective March 11, 1989; 10
CSR 10-5.330, effective November 26, 1989; 10 CSR 10-5.350, effective
March 11, 1989; 10 CSR 10-5.360, effective March 11, 1989; 10 CSR 10-
5.370, effective March 11, 1989; 10 CSR 10-5.390, effective March 11,
1989; 10 CSR 10-5.410, effective March 11, 1989; 10 CSR 10-6.090,
effective August 13, 1981; and 10 CSR 10-6.120, effective March 14,
1991.
(80) On June 28, 1991, the Missouri Department of Natural Resources
(MDNR) submitted revisions to the Missouri State Implementation Plan
which pertain to the St. Louis vehicle inspection and maintenance
program. The Missouri rules contain requirements which apply to both
safety and emission testing; EPA takes action on these rules only
insofar as they pertain to emissions testing.
(i) Incorporation by reference.
(A) New rules 11 CSR 50-2.401, General Specifications; 11 CSR 50-
2.402, Missouri Analyzer System (MAS) Software Functions; 11 CSR 50-
2.403, MAS Display and Program Requirements; 11 CSR 50-2.405, Vehicle
Inspection Certificate, Vehicle Inspection Report and Printer Function
Specifications; 11 CSR 50-2.406, Technical Specifications for the MAS;
and 11 CSR 50-2.407 Documentation, Logistics and Warranty Requirements;
(appendix A, B, C), effective June 28, 1990.
(B) New rule 11 CSR 50-2.404, Test Record Specifications, effective
September 28, 1990.
(C) Amended rules 11 CSR 50-2.370 Inspection Station Licensing; 11
CSR 50-2.410, Vehicles Failing Reinspection; and 11 CSR 50-2.420
Procedures for Conducting Only Emission Tests; effective December 31,
1990.
(D) Rescinded rule 11 CSR 50-2,400, Emission Test Procedures;
effective December 31, 1990.
(81) The Missouri Department of Natural Resources submitted a rule
action rescinding rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10-5.200,
Measurement of Emissions of Air Contaminants for the Kansas City
Metropolitan Area, Springfield-Greene County Area, and the St. Louis
Metropolitan Area, respectively, on July 9, 1992.
(i) Incorporation by reference.
[[Page 323]]
(A) Rescission of rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10 CSR
10-5.200 entitled ``Measurement of Emissions of Air Contaminants''
rescinded April 9, 1992.
(82) Revisions to the Missouri State Implementation Plan
establishing a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program were submitted by the
Director of the Missouri Department of Natural Resources on March 10,
1993.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental
Compliance Program dated November 1992 and adopted February 18, 1993.
(83) A revision to the Missouri State Implementation Plan (SIP) to
incorporate the lead nonattainment areas into the existing new source
review (NSR) program was submitted by the state on March 15, 1993. This
revision changes the applicability requirements by changing the
definition of nonattainment area in the state regulations to include
lead nonattainment areas, and to delete the Kansas City area as a
nonattainment area in light of its attainment of the ozone standard.
(i) Incorporation by reference.
(A) Revision to rule 10 C.S.R. 10-6.020, definitions, effective
February 26, 1993.
(84) The Missouri Department of Natural Resources submitted rule
revisions pertaining to rotogravure and flexographic printing facilities
in Kansas City, Missouri, and St. Louis, Missouri; and an amendment to
the sampling methods rule which adds a compliance test method for the
capture efficiency of air pollution control devices. These amendments
were submitted September 16 and September 23, 1992.
(i) Incorporation by reference.
(A) Revised regulations 10 CSR 10-2.290 (except section (6),
Compliance Dates) and 10 CSR 10-5.340 (except section (6), Compliance
Dates), both entitled Control of Emissions from Rotogravure and
Flexographic Printing Facilities, effective February 6, 1992.
(B) Revised regulation 10 CSR 10-6.030 (section (20)), effective
April 9, 1992.
(85) [Reserved]
(86) A revision to the Missouri SIP to revise the Missouri Part D
new source review rules, update and add numerous definitions, revise the
maximum allowable increase for particulate matter under the requirements
for prevention of significant deterioration, address emission statements
under Title I of the CAA, and generally enhance the SIP.
(i) Incorporation by reference.
(A) Revision to rules 10 CSR 10-6.020, Definitions and Common
Reference Tables, effective August 30, 1995; 10 CSR 10-6.060,
Construction Permits Required, effective August 30, 1995; 10 CSR 10-
6.110, Submission of Emission Data, Emission Fees, and Process
Information, except section 5, effective May 9, 1994; and 10 CSR 10-
6.210, Confidential Information, effective May 9, 1994.
(87) In submittals dated July 2, 1993; June 30, 1994; and November
23, 1994, MDNR submitted an SIP to satisfy Federal requirements for an
approvable nonattainment area lead SIP for the Doe Run primary smelter
in Herculaneum, Missouri. Although Missouri rule 10 CSR 10-6.120
contains requirements which apply statewide to primary lead smelting
operations, EPA takes action on this rule only insofar as it pertains to
the Doe Run Herculaneum facility. Plan revisions to address the other
lead smelters in the state are under development.
(i) Incorporation by reference.
(A) Revised regulation 10 CSR 10-6.120 (section (1), section (2)(B),
section (3)) entitled Restriction of Emissions of Lead From Primary Lead
Smelter-Refinery Installations, effective August 28, 1994.
(B) Consent Order, entered into between the Doe Run Company and
MDNR, dated July 2, 1993.
(C) Consent Order amendment, signed by the Doe Run Company on March
31, 1994, and by MDNR on April 28, 1994.
(D) Consent Order amendment, signed by the Doe Run Company on
September 6, 1994, and by MDNR on November 23, 1994.
(ii) Additional material.
(A) Revisions to the Doe Run Herculaneum Work Practice Manual
submitted on July 2, 1993.
[[Page 324]]
(B) Revisions to the Doe Run Herculaneum Work Practice Manual
submitted on June 30, 1994.
(88) This revision submitted by the Missouri Department of Natural
Resources on March 31, 1994, relates to intermediate sources, and the
EPA is not approving the basic operating permit program. This revision
establishes a mechanism for creating federally enforceable limitations.
Emission limitations and related provisions which are established in
Missouri operating permits as federally enforceable conditions shall be
enforceable by EPA. EPA reserves the right to deem permit conditions not
federally enforceable. Such a determination will be made according to
appropriate procedures and be based upon the permit, permit approval
procedures, or permit requirements which do not conform with the
operating permit program requirements or the requirements of EPA's
underlying regulations.
(i) Incorporation by reference.
(A) 10 C.S.R. 10-6.065 (sections 1, 2, 3, 4(C)-(P), 5, and 7)
Operating Permits, effective May 9, 1994.
(ii) Additional material.
(A) Letter from Missouri to EPA Region VII dated November 7, 1994,
regarding how Missouri intends to satisfy the requirements set forth in
the Clean Air Act Amendments at sections 112(l)(5)(A), (B), and (C).
(B) Two letters from Missouri to EPA Region VII dated October 3,
1994, and February 10, 1995, supplementing the November 7, 1994, letter
and clarifying that Missouri does have adequate authority to limit
potential-to-emit of hazardous air pollutants through the state
operating permit program.
(89) In submittals dated July 2, 1993; June 30, 1994; and November
23, 1994, the Missouri Department of Natural Resources (MDNR) submitted
a State Implementation Plan (SIP) to satisfy Federal requirements for an
approvable nonattainment area lead SIP for the Doe Run primary and
secondary smelter near Bixby, Missouri (Doe Run-Buick). Although
Missouri rule 10 CSR 10-6.120 contains requirements which apply
statewide to primary lead smelting operations, EPA takes action on this
rule insofar as it pertains to the Doe Run-Buick facility. Plan
revisions to address the other lead smelters in the state are under
development.
(i) Incorporation by reference.
(A) Revised regulation 10 CSR 10-6.120 (section (2)(C), section (4))
entitled Restriction of Emissions of Lead from Primary Smelter-Refinery
Installations, effective August 28, 1994.
(B) Consent Order, entered into between the Doe Run Company and
MDNR, dated July 2, 1993.
(C) Consent Order amendment, signed by the Doe Run Company on August
30, 1994, and by MDNR on November 23, 1994.
(ii) Additional material.
(A) The Doe Run-Buick Work Practice Manual submitted on July 2,
1993. EPA approves the Work Practice manual with the understanding that
any subsequent changes to the Work Practice Manual will be submitted as
SIP revisions.
(B) Revisions to the Doe Run-Buick Work Practice Manual submitted on
June 30, 1994.
(90)-(91) [Reserved]
(92) On February 14, 1995, the Missouri Department of Natural
Resources submitted two new rules which pertain to transportation
conformity in Kansas City and St. Louis.
(i) Incorporation by reference.
(A) New rule 10 CSR 10-2.390 (except section (20) Criteria and
Procedures: Interim Period Reductions in Ozone Areas (TIP)) and 10 CSR
10-5.480 (except section (22) Criteria and Procedures: Interim Period
Reductions in Ozone Areas (TIP)), both entitled Conformity to State
Implementation Plans of Transportation Plans, Programs, and Projects
Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal
Transit Act, effective May 28, 1995.
(ii) Additional material.
(A) Missouri's Air Pollution Control Plan, St. Louis Metropolitan
Area Ozone and Carbon Monoxide Transportation Conformity, January 12,
1995.
(B) Missouri's Air Pollution Control Plan, Kansas City Metropolitan
Area Ozone Transportation Conformity, January 12, 1995.
(C) Policy agreement, entered into between the Missouri Department
of Natural Resources, the Mid-America Regional Council, and the Highway
and
[[Page 325]]
Transportation Commission of the state of Missouri, dated August 31,
1993.
(D) Letter from the state of Missouri to EPA, dated December 7,
1995, in which the state commits to implementing its state rule
consistent with the Federal Transportation Conformity rule, as amended
on August 29, 1995, with regards to the granting of an NOX
waiver and the NOX conformity requirements.
(93) On February 14, 1995, the Missouri Department of Natural
Resources (MDNR) submitted a new rule which pertains to general
conformity.
(i) Incorporation by reference.
(A) New rule 10 CSR 10-6.300, entitled Conformity of General Federal
Actions to State Implementation Plans, effective May 28, 1995.
(94) On April 12, 1995, the Missouri Department of Natural Resources
submitted an emissions inventory update to the Kansas City maintenance
plan approved by EPA on June 23, 1992. The submittal also establishes a
motor vehicle emissions budget for the purpose of fulfilling the
requirements of the Federal Transportation Conformity rule.
(i) Incorporation by reference.
(A) Kansas City Ozone Maintenance SIP Revisions: Emission
Inventories and Motor Vehicle Emissions Budgets, adopted by the Missouri
Air Conservation Commission on March 30, 1995.
(95) Plan revisions were submitted by the Missouri Department of
Natural Resources on August 14, 1996, which reduce lead emissions from
the Asarco primary lead smelter located within the lead nonattainment
area defined by the boundaries of the Liberty and Arcadia Townships
located in Iron County, Missouri.
(i) Incorporation by reference.
(A) Rule 10 CSR 10-6.120, Restriction of Emissions of Lead From
Primary Lead Smelter--Refinery Installations, except subsection 2(B) and
2(C), and section 4, effective June 30, 1996.
(B) Consent Decree Case Number CV596-98CC, STATE OF MISSOURI ex.
rel. Jeremiah W. (Jay) Nixon and the Missouri Department of Natural
Resources v. ASARCO, INC., Missouri Lead Division, effective July 30,
1996, with Exhibits A, C, D, E, F, and G.
(ii) Additional material.
(A) Narrative SIP material submitted on August 14, 1996. This
submittal includes the emissions inventory and the attainment
demonstration.
(96) Revisions to the Missouri SIP submitted by the Missouri
Department of Natural Resources on March 13, 1996, and August 6, 1996,
pertaining to its intermediate operating permit program. The EPA is not
approving provisions of the rules which pertain to the basic operating
permit program.
(i) Incorporation by reference.
(A) Regulations 10 C.S.R. 10-6.020, Definitions and Common Reference
Tables, effective June 30, 1996; and 10 C.S.R. 10-6.065, Operating
Permits, effective June 30, 1996, except sections (4)(A), (4)(B), and
(4)(H).
(97) On November 20, 1996, the Missouri Department of Natural
Resources (MDNR) submitted a revised rule which pertains to general
conformity.
(i) Incorporation by reference.
(A) Rule 10 CSR 10-6.300, entitled Conformity of General Federal
Actions to State Implementation Plans, effective September 30, 1996.
(98) Revision to the Missouri SIP submitted by the Missouri
Department of Natural Resources on July 14, 1997.
(i) Incorporation by reference.
(A) Missouri Emergency Rule, 10 CSR 10-2.330, Control of Gasoline
Reid Vapor Pressure, effective May 1, 1997, and expires October 27,
1997.
(99) Revisions to the ozone attainment plan were submitted by the
Governor on February 1, 1996.
(i) Incorporation by reference.
(A) Missouri Rule 10 CSR 10-2.260, ``Control of Petroleum Liquid
Storage, Loading, and Transfer,'' effective December 30, 1995.
(B) Missouri Rule 10 CSR 10-5.220, ``Control of Petroleum Liquid
Storage, Loading, and Transfer,'' effective December 30, 1995.
(100) A revision to the Missouri SIP was submitted by the Missouri
Department of Natural Resources on February 1, 1996, pertaining to
Emission Data, Emission Fees, and Process Information.
(i) Incorporation by reference.
(A) Missouri Rule 10 CSR 10-6.110, ``Emission Data, Emission Fees,
and Process Information,'' effective December 30, 1995.
[[Page 326]]
(101) On January 10, 1997, and February 2, 1997, the Missouri
Department of Natural Resources submitted revised rules pertaining to
transportation conformity.
(i) Incorporation by reference.
(A) Regulation 10 CSR 10-2.390, entitled Conformity to State
Implementation Plans of Transportation Plans, Programs, and Projects
Developed, Funded or Approved Under Title 23 U.S.C. or the Federal
Transit Act, effective December 30, 1996.
(B) Regulation 10 CSR 10-5.480, entitled Conformity to State
Implementation Plans of Transportation Plans, Programs, and Projects
Developed, Funded or Approved Under Title 23 U.S.C. or the Federal
Transit Act, effective December 30, 1996.
(102) Revised regulations for the control of fugitive particulate
matter emissions were submitted by the Missouri Department of Natural
Resources (MDNR) on September 25, 1990, and on November 20, 1996.
(i) Incorporation by reference.
(A) Regulation 10 CSR 10-6.170, entitled Restriction of Particulate
Matter Beyond the Premises of Origin, effective November 30, 1990, as
amended October 30, 1996.
(B) Rescission of regulation 10 CSR 10-2.050, entitled Preventing
Particulate Matter From Becoming Airborne, effective September 28, 1990.
(C) Rescission of regulation 10 CSR 10-3.070, entitled Restriction
of Particulate Matter From Becoming Airborne, effective September 28,
1990.
(D) Rescission of regulation 10 CSR 10-4.050, entitled Preventing
Particulate Matter From Becoming Airborne, effective September 28, 1990.
(E) Rescission of regulation 10 CSR 10-5.100, entitled Preventing
Particulate Matter From Becoming Airborne, effective on September 28,
1990.
(ii) Additional material.
(A) Letter from Missouri submitted on February 24, 1997, pertaining
to the submission of supplemental documentation.
(103) Revisions to the Missouri plan were submitted by the Governor
on March 20, 1997.
(i) Incorporation by reference.
(A) St. Louis City Ordinance 59270, Section 4--Definitions, numbers
80. ``Open Burning,'' 100. ``Refuse,'' 108. ``Salvage Operation,'' and
126. ``Trade Waste'' only; and Section 12, effective October 23, 1984.
(B) St. Louis City Permit No. 96-10-084, issued to Washington
University School of Medicine Medical Waste Incinerator, 500 S. Euclid
Avenue, effective February 20, 1997.
(C) St. Louis City Permit No. 96-10-083, issued to Washington
University School of Medicine Pathological Incinerator, 4566 Scott
Avenue, effective February 20, 1997.
(D) St. Louis City Operating Permit, issued to St. Louis University
Medical Center Medical Waste Incinerator, 3628 Rutger Avenue, effective
August 3, 1992.
(E) Kansas City Air Quality Control Code C.S. No. 56726, Chapter 8,
Sections: 8-2, definitions for ``Open burning,'' ``Refuse,'' ``Salvage
operation,'' and ``Trade waste''; and 8-4, only, effective August 2,
1984.
(F) Remove St. Louis City Ordinance 50163, effective June 11, 1968.
(G) Remove St. Louis City Ordinance 54699, effective March 27, 1967.
(H) Remove St. Louis County Air Pollution Control Code SLCRO, Title
VI, Chapter 612, effective February 22, 1967.
(I) Remove Kansas City Air Pollution Control Code C.S. No. 36539,
Chapter 18, except sections: 18.83--Definitions, subsections (13)
``Incinerators'' and (15) ``Multiple Chamber Incinerators''; and 18.91--
Incinerators, effective August 31, 1972.
(J) Remove City of Springfield Air Pollution Control Standard G.O.
No. 1890, Chapter 2A, except sections: 2A-2--Definitions, the
definitions for ``Director of Health,'' ``Existing Equipment,''
``Incinerator,'' ``Multiple-chamber incinerator,'' ``New equipment,''
``Open burning,'' ``Particulate matter,'' ``Refuse,'' and ``Trade
waste''; 2A-25; 2A-34; 2A-35; 2A-36; 2A-37; 2A-38; 2A-51; 2A-55; and 2A-
56, effective October 12, 1969.
(104) [Reserved]
(105) Revision to the Missouri SIP submitted by the Missouri
Department of Natural Resources on November 13, 1997.
(i) Incorporation by reference.
[[Page 327]]
(A) Missouri Rule, 10 CSR 10-2.330, Control of Gasoline Reid Vapor
Pressure, effective October 30, 1997.
(106) On December 17, 1996, the Missouri Department of Natural
Resources submitted a revised rule pertaining to capture efficiency.
(i) Incorporation by reference.
(A) Revised regulation 10 CSR 10-6.030 entitled, ``Sampling Methods
for Air Pollution Sources,'' effective November 30, 1996.
(107) New regulation for control of volatile organic emissions from
Kansas City commercial bakeries submitted by the Missouri Department of
Natural Resources March 13, 1996.
(i) Incorporation by reference.
(A) Rule 10 CSR 10-2.360 entitled ``Control of Emissions from Bakery
Ovens,'' effective December 30, 1995.
(108) On August 12, 1997, the Missouri Department of Natural
Resources (MDNR) submitted a new rule which consolidated the
SO2 rules into one and rescinded eight existing rules dealing
with sulfur compounds.
(i) Incorporation by reference.
(A) Regulation 10 CSR 10-6.260, Restriction of Emission of Sulfur
Compounds, except Section (4), Restriction of Concentration of Sulfur
Compounds in the Ambient Air, and Section (3), Restriction of
Concentration of Sulfur Compounds in Emissions, effective on August 30,
1996.
(B) Rescission of rules 10 CSR 10-2.160, Restriction of Emission of
Sulfur Compounds; 10 CSR 10-2.200, Restriction of Emission of Sulfur
Compounds From Indirect Heating Sources; 10 CSR 10-3.100, Restriction of
Emission of Sulfur Compounds; 10 CSR 10-3.150, Restriction of Emission
of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10-4.150,
Restriction of Emissions of Sulfur Compounds; 10 CSR 10-4.190,
Restriction of Emission of Sulfur Compounds From Indirect Heating
Sources; 10 CSR 10-5.110, Restrictions of Emission of Sulfur Dioxide for
Use of Fuel; and 10 CSR 10-5.150, Emission of Certain Sulfur Compounds
Restricted; effective July 30, 1997.
(109) This State Implementation Plan (SIP) revision submitted by the
state of Missouri on July 10, 1996, broadens the current rule exceptions
to include smoke-generating devices. This revision would allow smoke
generators to be used for military and other types of training when
operated under applicable requirements.
(i) Incorporation by reference.
(A) Regulation 10 CSR 10-3.080, ``Restriction of Emission of Visible
Air Contaminants,'' effective on May 30, 1996.
(110) On May 28, 1998, the Missouri Department of Natural Resources
submitted revisions to the construction permits rule.
(i) Incorporation by reference.
(A) Missouri Rule 10 CSR 10-6.060, ``Construction Permits
Required,'' except Section (9), effective April 30, 1998.
(111) A revision submitted by the Governor's designee on July 30,
1998, that reduces air emissions from batch-type charcoal kilns
throughout the state of Missouri.
(i) Incorporation by reference:
(A) New Missouri rule 10 CSR 10-6.330, Restriction of Emissions from
Batch-Type Charcoal Kilns, effective July 30, 1998.
(112) Revisions submitted on November 13, 1998, and December 7,
1998, by the MDNR that modify Missouri's Out-state Open Burning Rule and
add sampling methods to Missouri's Sampling Method Rule, respectively.
(i) Incorporation by reference:
(A) Revisions to Missouri rule 10 CSR 10-3.030 entitled ``Open
Burning Restrictions,'' effective August 30, 1998.
(B) Revisions to Missouri rule 10 CSR 10-6.030 entitled ``Sampling
Methods for Air Pollution Sources,'' effective November 30, 1998.
[37 FR 10875, May 31, 1972. Redesignated at 64 FR 34719, June 29, 1999]
Editorial Note: For Federal Register citations affecting Sec.
52.1322, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1323 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Missouri's plans for the attainment and maintenance of the
national standards. Continued satisfaction of the requirements of Part D
for the ozone portion of the SIP depends on the adoption and submittal
of RACT requirements by July 1, 1980, for the
[[Page 328]]
sources covered by CTGs issued between January 1978 and January 1979 and
adoption and submittal by each successive January of Additional RACT
requirements for sources covered by CTGs issued the previous January.
New source review permits issued pursuant to section 173 of the Clean
Air Act will not be deemed valid by EPA unless the provisions of Section
V of the emission offset interpretive rule published on January 16, 1979
(44 FR 3274) are met.
(b) The Administrator approves Rule 10 CSR 10-2.290 as identified
under Sec. 52.1320, paragraph (c)(65), with the understanding that any
alternative compliance plans issued under this rule must be approved by
EPA as individual SIP revisions. In the absence of such approval, the
enforceable requirements of the SIP would be the reduction requirements
stated in the rule.
(c) The Administrator approves Rule 10 CSR 10-2.230 as identified
under Sec. 52.1320, paragraph (c)(70), with the understanding that any
alternative compliance plans issued under this rule must be approved by
EPA as individual SIP revisions. In the absence of such approval, the
enforceable requirements of the SIP would be the emission limits stated
in the rule.
(d) The Administrator approves Rule 10 CSR 10-5.340 as identified
under Sec. 52.1320, paragraph (c)(71), with the understanding that any
alternative compliance plans issued under this rule must be approved as
individual SIP revisions. In the absence of such approval, the
enforceable requirements of the SIP would be the reduction requirements
stated in the rule.
(e) The Administrator approves Rule 10 CSR 10-5.330 as identified
under Sec. 52.1320, paragraph (c)(72), under the following terms, to
which the state of Missouri has agreed: Subsections (5)(B)3 and (7)(B)
of the rule contain provisions whereby the director of the Missouri Air
Pollution Control Program has discretion to establish compliance
determination procedures and equivalent alternative emission limits for
individual sources. Any such director discretion determinations under
this rule must be submitted to EPA for approval as individual SIP
revisions. In the absence of EPA approval, the enforceable requirements
of the SIP are the applicable emission limit(s) in subsection (4)(B) and
the compliance determination provisions stated in subsection(5)(B)1 or
(5)(B)2.
(f) The Administrator approves Rule 10 CSR 10-6.120 as identified
under Sec. 52.1320(c)(76), under the following terms, to which the
state of Missouri has agreed. Subparagraph (2)(B)2.B.(IV) contains a
provision whereby the Director of the Missouri Department of Natural
Resources has discretion to approve revisions to the Doe Run Herculaneum
work practice manual. Any revisions to the work practice manual,
pursuant to this rule, must be submitted to EPA for approval as an
individual SIP revision. Thus, any existing federally approved work
practices remain in effect, until such time that subsequent revisions
are submitted to EPA and approved as SIP revisions.
(g) The Missouri portion of the Kansas City metropolitan area was
designated as nonattainment for ozone in 40 CFR part 81. Therefore, the
Administrator approves continuation of the 7.8 RVP limit as federally
enforceable in the Kansas City metropolitan area, even after the area is
redesignated to attainment, because of its nonattainment designation
effective January 6, 1992. Also, the requirement for 7.8 psi RVP
volatility is deemed necessary to ensure attainment and maintenance of
the ozone standard as demonstrated by the emissions inventory
projections (based on use of 7.8 psi RVP) in Missouri's ozone
maintenance plan for the Kansas City metropolitan area.
(h) The state of Missouri commits to revise 10 CSR 6.300 to remove
language in paragraphs (3)(C)4. and (9)(B) which is more stringent than
the language in the Federal General Conformity rule. In a letter to Mr.
Dennis Grams, Regional Administrator, EPA, dated December 7, 1995, Mr.
David Shorr, Director, MDNR, stated:
We commit to initiating a change in the wording in the above
paragraphs [paragraphs (3)(C)4. and (9)(B)] of Missouri rule 10 CSR 10-
6.300, and to submit the change to EPA within one year from the date of
this letter [December 7, 1995]. We intend that the change will give our
rule the same stringency as the General Conformity Rule.
[[Page 329]]
(i) Emission limitations and related provisions which are
established in Missouri's operation permits as federally enforceable
conditions shall be enforceable by EPA. EPA reserves the right to deem
permit conditions not federally enforceable. Such a determination will
be made according to appropriate procedures, and be based upon the
permit, permit approval procedures, or permit requirements which do not
conform with the operating permit program requirements or the
requirements of EPA's underlying regulations.
(j) The state of Missouri revised 10 CSR 10-6.300 to remove language
in paragraphs (3)(C)4 and (9)(B) which made the language more stringent
than that contained in the Federal general conformity rule. This
fulfills the requirements of the conditional approval granted effective
May 10, 1996, as published on March 11, 1996.
(k) The state of Missouri revised 10 CSR 10-2.390 for Kansas City
and 10 CSR 10-5.480 for St. Louis to update the transportation
conformity requirements contained in 40 CFR Part 51, Subpart T,
effective November 14, 1995.
(l) The Administrator conditionally approves Missouri emergency rule
10 CSR 10-2.330 under Sec. 52.1320(c)(98). Full approval is contingent
on the state submitting the permanent rule, to the EPA, by November 30,
1997.
(m) The Administrator approves Missouri rule 10 CSR 10-2.330 under
Sec. 52.1320(c)(105). This fulfills the requirements of the conditional
approval granted effective November 10, 1997, as published on October 9,
1997.
(n) [Reserved]
(o) The Administrator conditionally approves the Missouri SIP
revisions that address the requirements of RACT under the 8-hour ozone
NAAQS under Sec. 52.1320(c). Full approval is contingent on Missouri
submitting RACT rules for inclusion into the Missouri SIP to address the
Solvent Cleanup Operations CTG, to the EPA, no later than December 31,
2012.
[37 FR 10876, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.1323, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1324 [Reserved]
Sec. 52.1325 Legal authority.
(a) [Reserved]
(b) The requirements of Sec. 51.232(b) of this chapter are not met
since the following deficiencies exist in local legal authority.
(1) St. Louis County Division of Air Pollution Control:
(i) Authority to require recordkeeping is lacking (Sec. 51.230(e)
of this chapter).
(ii) Authority to make emission data available to the public is
inadequate because section 612.350, St. Louis County Air Pollution
Control Code, requires confidential treatment in certain circumstances
if the data concern secret processes (Sec. 51.230(f) of this chapter).
(2) St. Louis City Division of Air Pollution Control:
(i) Authority to require recordkeeping is lacking (Sec. 51.230(e)
of this chapter).
(ii) Authority to require reports on the nature and amounts of
emissions from stationary sources is lacking (Sec. 51.230(e) of this
chapter).
(iii) Authority to require installation, maintenance, and use of
emission monitoring devices is lacking. Authority to make emission data
available to the public is inadequate because Section 39 of Ordinance
54699 requires confidential treatment in certain circumstances if the
data relate to production or sales figures or to processes or production
unique to the owner or operator or would tend to affect adversely the
competitive position of the owner or operator (Sec. 51.230(f) of this
chapter).
(3) Kansas City Health Department:
(i) Authority to require recordkeeping is lacking (Sec. 51.230(e)
of this chapter).
(4) Independence Health Department:
(i) Authority to require recordkeeping is lacking (Sec. 51.230(e)
of this chapter).
(ii) Authority to make emission data available to the public is
lacking since section 11.161 of the code of the city of Independence
requires confidential treatment in certain circumstances if the data
relate to secret processes or
[[Page 330]]
trade secrets affecting methods or results of manufacture (Sec.
51.230(f) of this chapter).
(5) Springfield Department of Health:
(i) Authority to abate emissions on an emergency basis is lacking
(Sec. 51.230(c) of this chapter).
(ii) Authority to require recordkeeping is lacking (Sec. 51.230(e)
of this chapter).
(iii) Authority to make emission data available to the public is
inadequate because section 2A-42 of the Springfield City Code requires
confidential treatment of such data in certain circumstances (Sec.
51.230(f) of this chapter).
(c) The provisions of Sec. 51.230(d) of this chapter are not met
since statutory, authority to prevent construction, modification, or
operation of a facility, building, structure, or installation, or
combination thereof, which indirectly results or may result in emissions
of any air pollutant at any location which will prevent the maintenance
of a national air quality standard is not adequate.
[37 FR 23090, Oct. 28, 1972, as amended at 39 FR 7282, Feb. 25, 1974; 51
FR 13001, Apr. 17, 1986; 51 FR 40676, Nov. 7, 1986; 52 FR 24367, June
30, 1987]
Sec. 52.1326 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source and each unit located
in the State of Missouri and for which requirements are set forth under
the CSAPR NOX Annual Trading Program in subpart AAAAA of part
97 of this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Missouri's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is the
basis for the CSAPR Federal Implementation Plan under Sec. 52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
(2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Missouri's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of CSAPR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of CSAPR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
(b)(1) The owner and operator of each source and each unit located
in the State of Missouri and for which requirements are set forth under
the CSAPR NOX Ozone Season Group 1 Trading Program in subpart
BBBBB of part 97 of this chapter must comply with such requirements with
regard to emissions occurring in 2015 and 2016.
(2) The owner and operator of each source and each unit located in
the State of Missouri and for which requirements are set forth under the
CSAPR NOX Ozone Season Group 2 Trading Program in subpart
EEEEE of part 97 of this chapter must comply with such requirements with
regard to emissions occurring in 2017 and each subsequent year. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Missouri's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
(FIP) under Sec. 52.38(b), except to the extent the Administrator's
approval is partial or conditional.
(3) Notwithstanding the provisions of paragraph (b)(2) of this
section, if, at the time of the approval of Missouri's SIP revision
described in paragraph (b)(2) of this section, the Administrator has
already started recording any allocations of CSAPR NOX Ozone
Season Group 2 allowances under subpart EEEEE of part 97 of this chapter
to units in the State for a control period in any year, the provisions
of subpart EEEEE of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of CSAPR
NOX Ozone Season Group 2 allowances to units in the State for
each
[[Page 331]]
such control period shall continue to apply, unless provided otherwise
by such approval of the State's SIP revision.
[76 FR 48369, Aug. 8, 2011, as amended at 76 FR 80775, Dec. 27, 2011; 80
FR 51136, Aug. 24, 2015; 81 FR 74586, 74598, Oct. 26, 2016; 83 FR 65924,
Dec. 21, 2018]
Sec. 52.1327 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of sulfur dioxide?
(a) The owner and operator of each source and each unit located in
the State of Missouri and for which requirements are set forth under the
CSAPR SO2 Group 1 Trading Program in subpart CCCCC of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Missouri's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is the
basis for the CSAPR Federal Implementation Plan under Sec. 52.39,
except to the extent the Administrator's approval is partial or
conditional.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Missouri's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of CSAPR SO2 Group 1 allowances
under subpart CCCCC of part 97 of this chapter to units in the State for
a control period in any year, the provisions of subpart CCCCC of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of CSAPR SO2 Group 1 allowances to units in
the State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.
[76 FR 48369, Aug. 8, 2011; 81 FR 74586, Oct. 26, 2016]
Sec. Sec. 52.1328-52.1334 [Reserved]
Sec. 52.1335 Compliance schedules.
(a) The compliance schedule for the source identified below is
approved as a revision to the plan pursuant to Sec. 51.104 and subpart
N of this chapter. All regulations cited are air pollution control
regulations of the State, unless otherwise noted.
Missouri
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source Location Regulation involved Adopted date Effective date Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Knob Pelleting Co............ Pilot Knob, MO........ V(10 CSR 10-3.050).... Oct. 19, 1977........ Immediately.......... Dec. 31, 1982.
Union Electric Labadie power plant. Labadie, MO........... 10 CSR 10-5.090 and 10 June 20, 1979........ July 20, 1979........ Mar. 1, 1984.
CSR 10-5.030.
St. Joe Minerals Corp., Pea Ridge Washington County, MO. 10 CSR 10-3,050....... Mar. 23, 1983........ Mar. 23, 1983........ Dec. 31, 1988.
Iron Ore Facility.
St. Joe Minerals Corp., Pea Ridge ......do.............. ......do.............. Apr. 22, 1981........ Dec. 28, 1981........ July 1, 1985.
Iron Ore Facility.
Associated Electric Cooperative, Randolph County, MO... 10 CSR 10-3.060 and 10 June 17, 1981........ Jan. 12, 1982........ June 1, 1984.
Inc., Thomas Hill Power Plant-- CSR 10-3.080.
Unit 1.
American Oil Co. (AMOCO)........... Sugar Creek, MO....... 10 CSR 10-2.260....... Feb. 18, 1981........ Oct. 1, 1981......... June 1, 1982.
St. Joe Lead Co.................... Herculaneum, MO....... Sec. 203.050.1(5) Aug. 15, 1980........ Immediately.......... Oct. 27, 1984.
RSM01978.
AMAX Lead Co....................... Boss, MO.............. ......do.............. ......do............. ......do............. Apr. 27, 1985.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(b) The compliance schedule submitted for the source identified
below is disapproved as not meeting the requirements of subpart N of
this chapter. All regulations cited are air pollution control
regulations of the State, unless otherwise noted.
[[Page 332]]
----------------------------------------------------------------------------------------------------------------
Source Location Regulation involved Date adopted
----------------------------------------------------------------------------------------------------------------
Columbia Water & Light Department..... Columbia............... S-VI................... Apr. 25, 1973.
Union Electric: Electric generating Labadie................ X...................... Mar. 28, 1974.
facility.
Do................................... Portage des Sioux...... X...................... July 25, 1974.
International Multifoods Corp.: North Kansas City...... (\1\).................. Aug. 31, 1976.
Mechanical sifters.
Meremac Mining Co., furnace and cooler Pea Ridge.............. II (10 CSR 10-3.050)... Feb. 23, 1977.
Nos. 1 through 5.
Empire District Electric Co., Power Asbury Joplin.......... III (10 CSR 10-3.060) V Apr. 27, 1977.
Plant. (10 CSR 10-3.080).
Missouri Portland Cement Co., clinker Sugar Creek............ II (10 CSR 10-2.030) V June 22, 1977.
cooler No. 1. (10 CSR 10-2.060).
Missouri Public Service Co., Sibley Sibley................. III (10 CSR 10-2.040).. June 26, 1977.
powerplant, unit Nos. 1, 2, and 3.
Tamko Asphalt Products, Inc., asphalt Joplin................. V (10 CSR 10-3.080).... July 26, 1977.
saturating line.
University of Missouri power plant.... Columbia............... 10 CSR 10-3.060........ Feb. 21, 1979.
Noranda Aluminum, Inc................. New Madrid............. 10 CSR 10-3.050........ Feb. 23, 1977.
Associated Electric Cooperative, Inc., ......do............... 110 CSR 10-3.060....... Apr. 18, 1979.
Units 1 and 2.
----------------------------------------------------------------------------------------------------------------
\1\ Regulation IV, air pollution control regulations for Kansas City metropolitan area.
Note: X = Air Pollution Control Regulations for the St. Louis Metropolitan Area.
[39 FR 30835, Aug. 26, 1974]
Editorial Note: For Federal Register citations affecting Sec.
52.1335, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. Sec. 52.1336-52.1338 [Reserved]
Sec. 52.1339 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are met
because the plan includes measures for the protection visibility in
mandatory Class I Federal areas. The Regional Haze Plan submitted by
Missouri on August 5, 2009, and supplemented on January 30, 2012, in
addition to the 5-year progress report submitted on September 5, 2014,
and supplemented by state letter on July 31, 2017, contain fully
approvable measures for meeting the requirements of the Regional Haze
Rule.
(b) [Reserved]
[52 FR 45138, Nov. 24, 1987, as amended at 77 FR 33657, June 7, 2012; 77
FR 38011, June 26, 2012; 82 FR 3129, Jan. 10, 2017; 83 FR 48244, Sept.
24, 2018]
Sec. 52.1340 Control strategy: Carbon monoxide.
Approval--A maintenance plan and redesignation request for the St.
Louis, Missouri, area was submitted by the Director of the Missouri
Department of Natural Resources on June 13, 1997. Additional information
was received on June 15, 1998. The maintenance plan and redesignation
request satisfy all applicable requirements of the Clean Air Act.
[64 FR 3859, Jan. 26, 1999]
Sec. 52.1341 Control strategy: Particulate.
(a) Determination of attainment. EPA has determined, as of May 23,
2011, that the St. Louis (MO-IL) metropolitan 1997 PM2.5
nonattainment area has attained the 1997 PM2.5 NAAQS. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, reasonable further
progress, contingency measures, and other plan elements related to
attainment of the standards for as long as the area continues to meet
the 1997 PM2.5 NAAQS. In addition, based upon EPA's review of
the air quality data for the three-year period 2007 to 2009, the St.
Louis (MO-IL) PM2.5 nonattainment area has attained the 1997
PM2.5 NAAQS by the
[[Page 333]]
applicable attainment date of April 5, 2010.
(b) Redesignation to attainment. On September 1, 2011, and on March
31, 2014 and on September 17, 2014, Missouri submitted requests to
redesignate the Missouri portion of the St. Louis MO-IL area to
attainment of the 1997 Annual PM2.5 standard. The Missouri
portion of the St. Louis MO-IL area includes Jefferson, Franklin, St.
Charles, and St. Louis Counties along with the City of St. Louis. As
part of the redesignation request, the State submitted a plan for
maintaining the 1997 Annual PM2.5 standard through 2025 in
the area as required by section 175A of the Clean Air Act.
[83 FR 38035, Aug. 3, 2018]
Sec. 52.1342 Control strategy: Ozone.
(a) Determination of attainment. EPA has determined, as of June 9,
2011, that the St. Louis (MO-IL) metropolitan 1997 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone NAAQS. This
determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, reasonable further
progress, contingency measures, and other plan elements related to
attainment of the standards for as long as the area continues to meet
the 1997 Ozone NAAQS. In addition, based upon EPA's review of the air
quality data for the 3-year period 2007 to 2009, the St. Louis (MO-IL)
ozone nonattainment area has attained the 1997 8-hour ozone NAAQS by the
applicable attainment date of June 15, 2010.
(b) Approval. EPA is approving an April 20, 2011, request from the
State of Missouri for a waiver from the Clean Air Act requirement for
Oxides of Nitrogen (NOX) Reasonably Available Control
Technology (RACT) in the Missouri portion of the St. Louis (MO-IL)
metropolitan 8-hour ozone nonattainment area for purposes of attaining
the 1997 8-hour ozone National Ambient Air Quality Standard.
(c) On November 3, 2011 and April 29, 2014, Missouri submitted
requests to redesignate the Missouri portion of the St. Louis MO-IL area
to attainment of the 1997 8-hour ozone standard. The Missouri portion of
the St. Louis MO-IL area includes Jefferson, Franklin, St. Charles, and
St. Louis Counties along with the City of St. Louis. As part of the
redesignation request, the State submitted a plan for maintaining the
1997 8-hour ozone standard through 2025 in the area as required by
Section 175A of the Clean Air Act.
(d) Determination of attainment. As required by section 181(b)(2)(A)
of the Clean Air Act, EPA has determined that the St. Louis, MO-IL
marginal 2008 ozone nonattainment area has attained the NAAQS by the
applicable attainment date of July 20, 2016.
(e) Redesignation to attainment. On September 12, 2016, and February
16, 2018, Missouri submitted requests to redesignate its portion of the
St. Louis MO-IL area to attainment of the 2008 ozone standard. The
Missouri portion of the St. Louis MO-IL area includes Jefferson,
Franklin, St. Charles, and St. Louis Counties along with the City of St.
Louis. As part of the redesignation request, the State submitted a plan
for maintaining the 2008 ozone standard through 2030 in the area as
required by section 175A of the Clean Air Act.
[76 FR 43601, July 21, 2011, as amended at 77 FR 25366, Apr. 30, 2012;
80 FR 9209, Feb. 20, 2015; 81 FR 41446, June 27, 2016; 83 FR 47574,
Sept. 20, 2018]
Sec. 52.1343 Control strategy: Sulfur dioxide.
(a) Determination of attainment. EPA has determined, as of September
13, 2017, that the Jefferson County 2010 SO2 nonattainment
has attained the 2010 SO2 1-hr NAAQS. This determination
suspends the requirements for this area to submit an attainment
demonstration, associated reasonably available control measures,
reasonable further progress, contingency measures, and other plan
elements related to attainment of the standards for as long as the area
continues to meet the 2010 SO2 1-hr NAAQS.
(b) [Reserved]
[82 FR 42947, Oct. 13, 2017]
[[Page 334]]
Subpart BB_Montana
Sec. 52.1370 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan for Montana under section 110 of the Clean Air Act,
42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality
standards or other requirements under the Clean Air Act.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c), (d), and (e) of this section with an EPA approval date prior to
March 1, 2015, was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as submitted by the state to
EPA, and notice of any change in the material will be published in the
Federal Register. Entries for paragraphs (c), (d), and (e) of this
section with EPA approval dates after March 1, 2015, will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 8 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated state
rules/regulations which have been approved as part of the State
Implementation Plan as of March 1, 2015.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129; Air and Radiation Docket and
Information Center, U.S. Environmental Protection Agency, West Building,
1301 Constitution Ave. NW., Washington, DC 20460; and, the National
Archives and Records Administration (NARA). For information on the
availability of materials from the docket in the EPA Headquarters
Library, please call the Office of Air and Radiation (OAR) at (202) 566-
1742. For information on the availability of this material at NARA, call
(202) 741-6030, or go to http://www.archives.gov/federal-register/cfr/
ibr-locations.html. Copies of the Montana regulations we have approved
are also available at http://www.epa.gov/region8/air/sip.html.
(c) EPA-approved regulations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
State EPA final rule Final rule
State citation Rule title effective date date citation Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Statewide
--------------------------------------------------------------------------------------------------------------------------------------------------------
(i) Administrative Rules of Montana, Subchapter 01, General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.101................................. Definitions................. 8/11/2006 1/26/2010 75 FR 3993
17.8.102................................. Incorporation by Reference.. 6/26/2015 5/31/2017 82 FR 24853
17.8.103................................. Incorporation by Reference.. 6/26/2015 5/31/2017 82 FR 24853
17.8.105................................. Testing Requirements........ 7/4/1996 8/13/2001 66 FR 42427
17.8.106................................. Source Testing Protocol..... 10/8/1999 8/13/2001 66 FR 42427
17.8.110................................. Malfunctions................ 4/11/2003 1/24/2006 71 FR 3776
17.8.111................................. Circumvention............... 9/13/1985 8/13/2001 66 FR 42427
17.8.130................................. Enforcement Procedures-- 4/9/2004 1/24/2006 71 FR 3770
Notice of Violation--Order
to Take Corrective Action.
17.8.131................................. Enforcement Procedures-- 12/31/1972 8/13/2001 66 FR 42427
Appeal to Board.
17.8.132................................. Credible Evidence........... 12/8/2000 11/20/2002 67 FR 70009
17.8.140................................. Rehearing Procedures--Form 12/31/1972 8/13/2001 66 FR 42427
and Filing of Petition.
17.8.141................................. Rehearing Procedures--Filing 12/31/1972 8/13/2001 66 FR 42427
Requirements.
[[Page 335]]
17.8.142................................. Rehearing Procedures--Board 12/31/1972 8/13/2001 66 FR 42427
Review.
17.8.150................................. Definitions................. 10/30/2015 4/20/2016 81 FR 23186
17.8.151................................. Board Action................ 10/30/2015 4/20/2016 81 FR 23186
17.8.152................................. Reporting................... 10/30/2015 4/20/2016 81 FR 23186
--------------------------------------------------------------------------------------------------------------------------------------------------------
(ii) Administrative Rules of Montana, Subchapter 03, Emission Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.301................................. Definitions................. 10/24/2008 1/29/2010 75 FR 4698
17.8.302................................. Incorporation by Reference.. 10/26/2007 1/26/2010 75 FR 3993
17.8.304................................. Visible Air Contaminants.... 8/11/1995 8/13/2001 66 FR 42427 Excluding (4)(f).
17.8.308................................. Particulate Matter, Airborne 2/13/2009 1/29/2010 75 FR 4698
17.8.309................................. Particulate Matter, Fuel 11/10/1995 8/13/2001 66 FR 42427 Excluding (5)(b).
Burning Equipment.
17.8.310................................. Particulate Matter, 11/10/1995 8/13/2001 66 FR 42427 Excluding (3)(e).
Industrial Processes.
17.8.316................................. Incinerators................ 4/9/2004 7/29/2008 73 FR 43871
17.8.320................................. Wood-waste Burners.......... 4/9/2004 1/24/2006 71 FR 3770
17.8.321................................. Sulfur Emissions--Kraft Pulp 12/31/1972 7/18/1995 60 FR 36715 * 16.8.1413 is the SIP
Mills (16.8.1413). approved Kraft Pulp Mill
Rule. 17.8.321 is not SIP
approved.
17.8.322................................. Sulfur Oxide Emissions-- 12/31/1972 8/13/2001 66 FR 42427
Sulfur in Fuel.
17.8.324................................. Hydrocarbon Emissions-- 10/29/1993 8/13/2001 66 FR 42427 Excluding (1)(c) and
Petroleum Products. (2)(d).
17.8.325................................. Motor Vehicles.............. 12/31/1972 8/13/2001 66 FR 42427
17.8.326................................. Prohibited Materials for 10/29/1993 8/13/2001 66 FR 42427
Wood or Coal Residential
Stoves.
17.8.330................................. Emission Standards for 2/10/1989 8/13/2001 66 FR 42427
Existing Aluminum Plants--
Definitions.
17.8.331................................. Emission Standards for 2/26/1982 8/13/2001 66 FR 42427
Existing Aluminum Plants--
Standards.
17.8.332................................. Emission Standards for 7/4/1996 8/13/2001 66 FR 42427
Existing Aluminum Plants--
Standard for Visible
Emissions.
17.8.333................................. Emission Standards for 2/26/1982 8/13/2001 66 FR 42427
Existing Aluminum Plants--
Monitoring and Reporting.
17.8.334................................. Emission Standards for 2/26/1982 8/13/2001 66 FR 42427
Existing Aluminum Plants--
Startup and Shutdown.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(iii) Administrative Rules of Montana, Subchapter 04, Stack Heights and Dispersion Techniques
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.401................................. Definitions [16.8.1204]..... 6/13/1986 7/18/1995 60 FR 36715 * 16.8.1204 is the SIP
approved Stack Height and
Dispersion Techniques
rule. 17.8.401 is not SIP
approved.
17.8.402................................. Requirements [16.8.1205].... 6/13/1986 7/18/1995 60 FR 36715 * 16.8.1205 is the SIP
approved Stack Height and
Dispersion Techniques
rule. 17.8.402 is not SIP
approved.
[[Page 336]]
17.8.403................................. Exemptions [16.8.1206]...... 6/13/1986 7/18/1995 60 FR 36715 * 16.8.1206 is the SIP
approved Stack Height and
Dispersion Techniques
rule. 17.8.403 is not SIP
approved.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(iv) Administrative Rules of Montana, Subchapter 06, Open Burning
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.601................................. Definitions................. 12/27/2002 8/24/2006 71 FR 49999
17.8.602................................. Incorporation by Reference.. 10/26/2007 1/26/2010 75 FR 3993
17.8.604................................. Prohibited Open Burning-- 04/15/2011 8/20/2015 80 FR 50584
When Permit Required.
17.8.605................................. Special Burning Periods..... 12/27/2002 8/24/2006 71 FR 49999
17.8.606................................. Minor Open Burning Source 12/27/2002 8/24/2006 71 FR 49999
Requirements.
17.610................................... Major Open Burning Source 04/15/2011 8/20/2015 80 FR 50584
Restrictions.
17.8.611................................. Emergency Open Burning 7/23/1999 8/13/2001 66 FR 42427
Permits.
17.8.612................................. Conditional Air Quality Open 04/15/2011 8/20/2015 80 FR 50584
Burning Permits.
17.8.613................................. Christmas Tree Waste Open 04/15/2011 8/20/2015 80 FR 50584
Burning Permits.
17.8.614................................. Commercial Film Production 04/15/2011 8/20/2015 80 FR 50584
Open Burning Permits.
17.8.615................................. Firefighter Training........ 04/15/2011 8/20/2015 80 FR 50584
--------------------------------------------------------------------------------------------------------------------------------------------------------
(v) Administrative Rules of Montana, Subchapter 07, Permit Construction and Operation of Air Contaminant Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.740................................. Definitions................. 12/27/2002 11/21/2014 79 FR 69374
17.8.743................................. Montana Air Quality Permits-- 12/27/2002 11/21/2014 79 FR 69374 Approved except the phrase
When Required. in 17.8.743(1)(b)
``asphalt concrete plants,
mineral crushers, and''.
17.8.744................................. Montana Air Quality Permits-- 12/27/2002 7/8/2011 76 FR 40237
General Exclusions.
17.8.745................................. Montana Air Quality Permits-- 5/28/2010 2/13/2012 77 FR 7531
Exclusion for De Minimis
Changes.
17.8.748................................. New or Modified Emitting 12/27/2002 7/8/2011 76 FR 40237
Units--Permit Application
Requirements.
17.8.749................................. Conditions For Issuance or 10/17/2003 7/8/2011 76 FR 40237 (1), (3), (4), (5), (6),
Denial of Permit. and (8) approved with
state effective date of 12/
27/02. (7) approved with
state effective date of 10/
17/03.
17.8.752................................. Emission Control 12/27/2002 7/8/2011 76 FR 40237
Requirements.
17.8.755................................. Inspection of Permit........ 12/27/2002 7/8/2011 76 FR 40237
17.8.756................................. Compliance with Other 12/27/2002 7/8/2011 76 FR 40237
Requirements.
[[Page 337]]
17.8.759................................. Review of Permit 12/23/2005 7/8/2011 76 FR 40237 (1) through (3) approved
Applications. with state effective date
of 10/17/13. (4) through
(6) approved with state
effective date of 12/23/
05.
17.8.760................................. Additional Review of Permit 12/27/2002 7/8/2011 76 FR 40237
Applications.
17.8.762................................. Duration of Permit.......... 12/27/2002 7/8/2011 76 FR 40237
17.8.763................................. Revocation of Permit........ 04/15/2011 8/20/2015 80 FR 50564
17.8.764................................. Administrative Amendment to 12/27/2002 11/21/2014 79 FR 69374
Permit.
17.8.765................................. Transfer of Permit.......... 12/27/2002 7/8/2011 76 FR 40237
17.8.767................................. Incorporation by Reference.. 6/17/2005 7/8/2011 76 FR 40237 (1)(a) through (c) approved
with state effective date
of 12/27/02. (1)(d)
through (g), (2), (3), and
(4) approved with state
effective date of 6/17/05.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.801................................. Definitions................. 10/14/2011 4/20/2016 81 FR 23186
17.8.802................................. Incorporation by Reference.. 10/16/2009 8/20/2015 80 FR 50564
17.8.804................................. Ambient Air Increments...... 10/14/2011 4/20/2016 81 FR 23186
17.8.805................................. Ambient Air Ceilings........ 8/23/1996 8/13/2001 66 FR 42427
17.8.806................................. Restrictions on Area 8/23/1996 8/13/2001 66 FR 42427
Classifications.
17.8.807................................. Exclusions from Increment 8/23/1996 8/13/2001 66 FR 42427
Consumption.
17.8.808................................. Redesignation............... 8/23/1996 8/13/2001 66 FR 42427
17.8.809................................. Stack Heights............... 8/23/1996 8/13/2001 66 FR 42427
17.8.818................................. Review of Major Stationary 8/20/2016 6/26/2018 83 FR 29694
Sources and Major
Modifications--Source
Applicability and
Exemptions.
17.8.819................................. Control Technology Review... 4/9/2004 1/24/2006 71 FR 3770
17.8.820................................. Source Impact Analysis...... 8/23/1996 8/13/2001 66 FR 42427
17.8.821................................. Air Quality Models.......... 4/11/2003 1/24/2006 71 FR 3776
17.8.822................................. Air Quality Analysis........ 10/14/2011 4/20/2016 81 FR 23186
17.8.823................................. Source Information.......... 8/23/1996 8/13/2001 66 FR 42427
17.8.824................................. Additional Impact Analyses.. 8/23/1996 8/13/2001 66 FR 42427
17.8.825................................. Sources Impacting Federal 10/14/2011 4/20/2016 80 FR 23186
Class I Areas--Additional
Requirements.
17.8.826................................. Public Participation........ 12/27/2002 7/8/2011 76 FR 40237
17.8.827................................. Source Obligation........... 8/23/1996 8/13/2001 66 FR 42427
17.8.828................................. Innovative Control 8/23/1996 8/13/2001 66 FR 42427
Technology.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(vii) Administrative Rules of Montana, Subchapter 09, Permit Requirements for Major Stationary Sources or Major Modifications Locating Within
Nonattainment Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.901................................. Definitions................. 10/24/2008 1/29/2010 75 FR 4698
17.8.902................................. Incorporation by Reference.. 6/17/2005 7/19/2006 71 FR 40922
17.8.904................................. When Air Quality 12/27/2002 7/8/2011 76 FR 40237
Preconstruction Permit
Required.
17.8.905................................. Additional Conditions of Air 4/11/2003 1/24/2006 71 FR 3776
Quality Preconstruction
Permit.
[[Page 338]]
17.8.906................................. Baseline for Determining 12/27/2002 7/7/2011 76 FR 40237
Credit for Emissions and
Air Quality Offsets.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(viii) Administrative Rules of Montana, Subchapter 10, Preconstruction Permit Requirements for Major Stationary Sources or Major Modifications Locating
Within Attainment or Unclassified Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1001................................ Definitions................. 8/23/1996 8/13/2001 66 FR 42427
17.8.1002................................ Incorporation by Reference.. 6/17/2005 7/19/2006 71 FR 40922
17.8.1004................................ When Air Quality 12/27/2002 7/8/2011 76 FR 40237
Preconstruction Permit
Required.
17.8.1005................................ Additional Conditions of Air 12/27/2002 7/8/2011 76 FR 40237
Quality Pre-construction
Permit.
17.8.1006................................ Review of Specified Sources 8/23/1996 8/13/2001 66 FR 42427
for Air Quality Impact.
17.8.1007................................ Baseline for Determining 10/24/2008 1/29/2010 75 FR 4698
Credit for Emissions and
Air Quality Offsets.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(ix) Administrative Rules of Montana, Subchapter 11, Visibility Impact Assessment
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1101................................ Definitions................. 8/23/1996 8/13/2001 66 FR 42427
17.8.1102................................ Incorporation by Reference.. 10/26/2007 1/26/2010 75 FR 3993
17.8.1103................................ Applicability--Visibility 8/23/1996 8/13/2001 66 FR 42427
Requirements.
17.8.1106................................ Visibility Impact Analysis.. 12/27/2002 7/8/2011 76 FR 40237
17.8.1107................................ Visibility Models........... 8/23/1996 8/13/2001 66 FR 42427
17.8.1108................................ Notification of Permit 8/23/1996 8/13/2001 66 FR 42427
Application.
17.8.1109................................ Adverse Impact and Federal 12/27/2002 7/8/2011 76 FR 40237
Land Manager.
17.8.1110................................ Visibility Monitoring....... 8/23/1996 8/13/2001 66 FR 42427
17.8.1111................................ Additional Impact Analysis.. 8/23/1996 8/13/2001 66 FR 42427
--------------------------------------------------------------------------------------------------------------------------------------------------------
(x) Administrative Rules of Montana, Subchapter 13, Conformity
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1301................................ Definitions................. 6/4/1999 9/21/2001 66 FR 48561
17.8.1304................................ Determining Conformity of 8/23/1996 9/21/2001 66 FR 48561
Transportation Plans,
Programs, and Projects to
State or Federal
Implementation Plans.
17.8.1305................................ Consultation Requirements: 6/4/1999 9/21/2001 66 FR 48561
Applicability.
17.8.1306................................ Consultation Procedures..... 6/4/1999 9/21/2001 66 FR 48561
17.8.1310................................ Special Issues.............. 6/4/1999 9/21/2001 66 FR 48561
17.8.1311................................ Notice Requirements for Non- 6/4/1999 9/21/2001 66 FR 48561
FHWA/FTA Projects.
17.8.1312................................ Conflict Resolution......... 6/4/1999 9/21/2001 66 FR 48561
17.8.1313................................ Public Consultation 6/4/1999 9/21/2001 66 FR 48561
Procedures.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(xi) Administrative Rules of Montana, Subchapter 14, Conformity of General Federal Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1401................................ Definitions................. 6/4/1999 10/7/2002 67 FR 62392
17.8.1402................................ Incorporation By Reference.. 6/4/1999 10/7/2002 67 FR 62392
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 339]]
(xii) Administrative Rules of Montana, Subchapter 16, Emission Control Requirements for Oil and Gas Well Facilities Operating Prior to Issuance of a
Montana Air Quality Permit
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1601................................ Definitions................. 1/1/2006 11/19/2013 78 FR 69296
17.8.1602................................ Applicability and 1/1/2006 11/19/2013 78 FR 69296
Coordination with Montana
Air Quality Permit Rules.
17.8.1603................................ Emission Control 1/1/2006 11/19/2013 78 FR 69296
Requirements.
17.8.1604................................ Inspection and Repair 1/1/2006 11/19/2013 78 FR 69296
Requirements.
17.8.1605................................ Recordkeeping Requirements.. 1/1/2006 11/19/2013 78 FR 69296
17.8.1606................................ Delayed Effective Date...... 12/23/2005 11/19/2013 78 FR 69296
--------------------------------------------------------------------------------------------------------------------------------------------------------
(xiii) Administrative Rules of Montana, Subchapter 17, Registration of Air Contaminant Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1701................................ Definitions................. 4/7/2006 11/19/2013 78 FR 69296
17.8.1702................................ Applicability............... 4/7/2006 11/19/2013 78 FR 69296
17.8.1703................................ Registration Process and 4/7/2006 11/19/2013 78 FR 69296
Information.
17.8.1704................................ Registration Fee............ 4/7/2006 11/19/2013 78 FR 69296
17.8.1705................................ Operating Requirements: 4/7/2006 11/19/2013 78 FR 69296
Facility-wide.
17.8.1710................................ Oil or Gas Well Facilities 4/7/2006 11/19/2013 78 FR 69296
General Requirements.
17.8.1711................................ Oil or Gas Well Facilities 4/7/2006 11/19/2013 78 FR 69296
Emission Control
Requirements.
17.8.1712................................ Oil or Gas Well Facilities 4/7/2006 11/19/2013 78 FR 69296
Inspection and Repair
Requirements.
17.8.1713................................ Oil or Gas Well Facilities 4/7/2006 11/19/2013 78 FR 69296
Recordkeeping and Reporting
Requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(2) County Specific
--------------------------------------------------------------------------------------------------------------------------------------------------------
(i) Cascade County
--------------------------------------------------------------------------------------------------------------------------------------------------------
7-01..................................... Definitions................. 10/16/2000 6/12/2001 66 FR 31548
7-02..................................... Prohibited Open Burning-- 10/16/2000 6/12/2001 66 FR 31548
When Permit Required.
7-03..................................... Minor Open Burning Source 10/16/2000 6/12/2001 66 FR 31548
Requirements.
7-04..................................... Major Open Burning Source 10/16/2000 6/12/2001 66 FR 31548
Restrictions.
7-05..................................... Special Burning Periods..... 10/16/2000 6/12/2001 66 FR 31548
7-06..................................... Firefighting Training....... 10/16/2000 6/12/2001 66 FR 31548
7-07..................................... Conditional Air Quality Open 10/16/2000 6/12/2001 66 FR 31548
Burning Permits.
7-08..................................... Emergency Open Burning 10/16/2000 6/12/2001 66 FR 31548
Permits.
7-09..................................... Commercial Film Production 10/16/2000 6/12/2001 66 FR 31548
Open Burning Permits.
7-10..................................... Fees........................ 10/16/2000 6/12/2001 66 FR 31548
--------------------------------------------------------------------------------------------------------------------------------------------------------
(ii) Flathead County
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table of Contents, Flathead
County Air Pollution
Control Program Regulations.
Appendix A............................... Kalispell Air Pollution 5/20/1994 3/19/1996 61 FR 11153
Control District Map.
[[Page 340]]
Appendix B............................... Kalispell Air Pollution 5/20/1994 3/19/1996 61 FR 11153
Control District
Description.
Chapter 01............................... Short Title................. 5/20/1994 3/19/1996 61 FR 11153
Chapter 02............................... Declaration of Policy and 5/20/1994 3/19/1996 61 FR 11153
Purpose.
Chapter 03............................... Authorities for Program..... 5/20/1994 3/19/1996 61 FR 11153
Chapter 04............................... Administration.............. 5/20/1994 3/19/1996 61 FR 11153
Chapter 05............................... Control Board, Meetings- 5/20/1994 3/19/1996 61 FR 11153
Duties-Policies.
Chapter 06............................... Air Quality Staff........... 5/20/1994 3/19/1996 61 FR 11153
Chapter 07............................... Inspections................. 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Sub-Chapter 1................ General Definitions......... 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Rule 201..................... Definitions................. 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Rule 202..................... Materials Prohibited........ 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Rule 203..................... Minor Open Burning Source 5/20/1994 3/19/1996 61 FR 11153
Requirements.
Chapter 08, Rule 204..................... Major Open Burning Source 5/20/1994 3/19/1996 61 FR 11153
Requirements.
Chapter 08, Rule 205..................... Special Open Burning Periods 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Rule 206..................... Fire Fighter Training....... 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Rule 207..................... Open Burning Disposal of 5/20/1994 3/19/1996 61 FR 11153
Christmas Tree Waste.
Chapter 08, Rule 208..................... Conditional Air Quality Open 5/20/1994 3/19/1996 61 FR 11153
Burning Permits.
Chapter 08, Rule 209..................... Emergency Open Burning 5/20/1994 3/19/1996 61 FR 11153
Permits.
Chapter 08, Rule 210..................... Permit Fees................. 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Sub-Chapter 3................ Voluntary Solid Fuel Burning 5/20/1994 3/19/1996 61 FR 11153
Device Curtailment Program.
Chapter 08, Rule 401..................... Prohibited Materials for 5/20/1994 3/19/1996 61 FR 11153
Wood or Coal residential
(Solid Fuel Burning Device)
Stoves.
Chapter 08, Sub-Chapter 5................ Kalispell Air Pollution 5/20/1994 3/19/1996 61 FR 11153
Control District, Intent.
Chapter 08, Rule 501..................... Material To Be Used on Roads 5/20/1994 3/19/1996 61 FR 11153
and Parking Lots-Standards.
Chapter 08, Rule 502..................... Construction and Demolition 5/20/1994 3/19/1996 61 FR 11153
Activity.
Chapter 08, Rule 503..................... Pavement of Roads Required.. 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Rule 504..................... Pavement of Parking Lots 5/20/1994 3/19/1996 61 FR 11153
Required.
Chapter 08, Rule 505..................... Street Sweeping and Flushing 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Rule 506..................... Clearing of land greater 5/20/1994 3/19/1996 61 FR 11153
than \1/4\ acre in size.
Chapter 08, Rule 507..................... Contingency Plan............ 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Sub-Chapter 6................ Columbia Falls Air Pollution 5/20/1994 3/19/1996 61 FR 11153
Control District--Intent.
Chapter 08, Rule 601..................... Material To Be Used on Roads 5/20/1994 3/19/1996 61 FR 11153
and Parking Lots-Standards.
Chapter 08, Rule 602..................... Construction and Demolition 5/20/1994 3/19/1996 61 FR 11153
Activity.
Chapter 08; Sub-Chapter 6, Rule 603...... Pavement of Roads Required.. 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Rule 604..................... Pavement of Parking Lots 5/20/1994 3/19/1996 61 FR 11153
Required.
[[Page 341]]
Chapter 08, Rule 605..................... Street Sweeping and Flushing 5/20/1994 3/19/1996 61 FR 11153
Chapter 08, Rule 606..................... Clearing of land greater 5/20/1994 3/19/1996 61 FR 11153
than \1/4\ acre in size.
Chapter 08, Rule 607..................... Contingency Plan............ 5/20/1994 3/19/1996 61 FR 11153
Chapter 09............................... Enforcement, Judicial 5/20/1994 3/19/1996 61 FR 11153
Review, and Hearings.
Chapter 10............................... Civil Penalties............. 5/20/1994 3/19/1996 61 FR 11153
Chapter 11............................... Severability Clause......... 5/20/1994 3/19/1996 61 FR 11153
Chapter 12............................... Amendments and Revisions.... 5/20/1994 3/19/1996 61 FR 11153
--------------------------------------------------------------------------------------------------------------------------------------------------------
(iii) Lincoln County
--------------------------------------------------------------------------------------------------------------------------------------------------------
75.1.101................................. Intent...................... 2/1/1996 9/30/1996 61 FR 51014
75.1.102................................. Definitions................. 2/1/1996 9/30/1996 61 FR 51014
75.1.103................................. Selection & Implementation 2/1/1996 9/30/1996 61 FR 51014
of Contingency Measure
Programs.
75.1.201................................. Intent...................... 2/1/1996 9/30/1996 61 FR 51014
75.1.202................................. Definitions................. 2/1/1996 9/30/1996 61 FR 51014
75.1.204................................. Emission Limits............. 2/1/1996 9/30/1996 61 FR 51014
75.1.205................................. Issuance of Air Pollution 2/1/1996 9/30/1996 61 FR 51014
Alert.
75.1.206................................. Permits..................... 2/1/1996 9/30/1996 61 FR 51014
75.1.207................................. Prohibited Materials........ 2/1/1996 9/30/1996 61 FR 51014
75.1.209................................. Enforceability.............. 2/1/1996 9/30/1996 61 FR 51014
75.1.301................................. Intent: Road Dust Control 2/1/1996 9/30/1996 61 FR 51014
Regulations: Materials to
Be used on Roads and
Parking Lots.
75.1.302................................. Definitions................. 2/1/1996 9/30/1996 61 FR 51014
75.1.303................................. Emission Limits............. 2/1/1996 9/30/1996 61 FR 51014
75.1.401................................. Definitions, Street Sweeping 2/1/1996 9/30/1996 61 FR 51014
and Flushing.
75.1.402................................. Emission Limits............. 2/1/1996 9/30/1996 61 FR 51014
75.1.501................................. Emission Limits, Dust 2/1/1996 9/30/1996 61 FR 51014
Control for Log Yards.
75.1.601................................. Intent, Limiting the 2/1/1996 9/30/1996 61 FR 51014
Application of Sanding
Material.
75.1.602................................. Application Limits.......... 2/1/1996 9/30/1996 61 FR 51014
75.1.603................................. Resolution.................. 2/1/1996 9/30/1996 61 FR 51014
75.1.701................................. Intent, Open Burning 2/1/1996 9/30/1996 61 FR 51014
Regulations: Management of
Open Burning.
75.1.702................................. Definitions................. 2/1/1996 9/30/1996 61 FR 51014
75.1.703................................. Open Burning Control Areas.. 2/1/1996 9/30/1996 61 FR 51014
75.1.704................................. Materials Prohibited........ 2/1/1996 9/30/1996 61 FR 51014
75.1.705................................. General Open Burning 2/1/1996 9/30/1996 61 FR 51014
Regulations.
75.1.706................................. Minor Open Burning Source 2/1/1996 9/30/1996 61 FR 51014
Requirements.
75.1.707................................. Major Open Burning Source 2/1/1996 9/30/1996 61 FR 51014
Requirements.
75.1.708................................. Trade Waste Burning 2/1/1996 9/30/1996 61 FR 51014
Requirements.
75.1.709................................. Licensed Landfill 2/1/1996 9/30/1996 61 FR 51014
Requirements.
75.1.710................................. Firefighter Training........ 2/1/1996 9/30/1996 61 FR 51014
75.1.711................................. Special Burning Periods..... 2/1/1996 9/30/1996 61 FR 51014
[[Page 342]]
75.1.712................................. Open Burning Permit 2/1/1996 9/30/1996 61 FR 51014
Requirements & Local
Restrictions.
75.1.713................................. Conditional Air Quality Open 2/1/1996 9/30/1996 61 FR 51014
Burning Permits.
75.1.714................................. Emergency Open Burning 2/1/1996 9/30/1996 61 FR 51014
Permits.
75.1.715................................. Christmas Tree Waste Open 2/1/1996 9/30/1996 61 FR 51014
Burning Permits.
75.1.716................................. Commercial Film Production 2/1/1996 9/30/1996 61 FR 51014
Open Burning Permits.
75.1.717................................. Prohibited Acts............. 2/1/1996 9/30/1996 61 FR 51014
75.1.718................................. Penalties................... 2/1/1996 9/30/1996 61 FR 51014
75.1.719................................. Conflict of Ordinances, 2/1/1996 9/30/1996 61 FR 51014
Effect of Partial
Invalidity.
Ordinances, 1470......................... Ordinance................... 3/19/1993 8/30/1994 59 FR 44627
Ordinances, 1507......................... Ordinance................... 2/1/96 9/30/96 61 FR 51014
1660 Resolution.......................... Lincoln County Health and 3/23/2006 3/17/2011 76 FR 14584
Environment Regulations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(iv) Missoula County
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.101.................................... Program Authority and 11/17/2000 11/15/2001 66 FR 57391
Administration.
1.102.................................... Declaration of policy and 11/17/2000 11/15/2001 66 FR 57391
purpose.
1.103.................................... Authorities for program..... 11/17/2000 11/15/2001 66 FR 57391
1.104.................................... Area of jurisdiction........ 11/17/2000 11/15/2001 66 FR 57391
1.105.................................... Air pollution control board. 11/17/2000 11/15/2001 66 FR 57391
1.106.................................... Air quality staff........... 11/17/2000 11/15/2001 66 FR 57391
1.107.................................... Air quality advisory council 11/17/2000 11/15/2001 66 FR 57391
2.101.................................... Definitions................. 5/14/2010 5/24/2019 84 FR 24037
3.101.................................... Purpose..................... 11/17/2000 11/15/2001 66 FR 57391
3.102.................................... Particulate Matter 3/21/2014 5/24/2019 84 FR 24037
Contingency Measures.
3.103.................................... Carbon monoxide contingency 11/17/2000 11/15/2001 66 FR 57391
measures.
3.104.................................... Early implementation of 11/17/2000 11/15/2001 66 FR 57391
contingency measures.
4.101.................................... Purpose..................... 11/17/2000 11/15/2001 66 FR 57391
4.102.................................... Applicability............... 5/14/2010 5/24/2019 84 FR 24037
4.103.................................... General provisions.......... 5/14/2010, 4/6/ 5/24/2019 84 FR 24037
2018
4.104.................................... Air Pollution Control Stages 5/14/2010, 4/6/ 5/24/2019 84 FR 24037
2018
4.105.................................... Emergency operations........ 11/17/2000 11/15/2001 66 FR 57391
4.106.................................... Abatement plan for certain 11/17/2000 11/15/2001 66 FR 57391
sources.
4.107.................................... Enforcement procedure....... 11/17/2000 11/15/2001 66 FR 57391
4.108.................................... Stage I alert control 11/17/2000 11/15/2001 66 FR 57391
activities.
4.109.................................... Stage II warning control 11/17/2000 11/15/2001 66 FR 57391
activities.
4.110.................................... State III emergency control 11/17/2000 11/15/2001 66 FR 57391
activities.
4.111.................................... Stage IV crisis control 11/17/2000 11/15/2001 66 FR 57391
activities.
4.113.................................... Contingency Measure......... 5/14/2010 5/24/2019 84 FR 24037
5.101.................................... Inspections................. 11/17/2000 11/15/2001 66 FR 57391
5.102.................................... Testing requirements........ 11/17/2000 11/15/2001 66 FR 57391
5.103.................................... Malfunctions................ 11/17/2000 11/15/2001 66 FR 57391
5.105.................................... Circumvention............... 11/17/2000 11/15/2001 66 FR 57391
5.106.................................... Public nuisance............. 11/17/2000 11/15/2001 66 FR 57391
5.112.................................... Compliance with other 11/17/2000 11/15/2001 66 FR 57391
statutes and rules.
[[Page 343]]
6.101.................................... Definitions................. 3/21/2014 5/24/2019 84 FR 24037
6.102.................................... Air Quality Permit Required. 5/14/2010, 3/ 5/24/2019 84 FR 24037
21/2014
6.103.................................... General Conditions.......... 3/21/2014 5/24/2019 84 FR 24037
6.105.................................... Air quality permit 11/17/2000 11/15/2001 66 FR 57391
application requirements.
6.106.................................... Public Review of Air Quality 3/21/2014 5/24/2019 84 FR 24037
Permit Application.
6.107.................................... Issuance or Denial of an Air 3/21/2014 5/24/2019 84 FR 24037
Quality Permit.
6.108.................................... Revocation or Modification 3/21/2014 5/24/2019 84 FR 24037
of an Air Quality Permit.
6.109.................................... Transfer of permit.......... 11/17/2000 11/15/2001 66 FR 57391
6.501.................................... Emission Control 5/14/2010 5/24/2019 84 FR 24037
Requirements.
6.502.................................... Particulate Matter from Fuel 5/14/2010 5/24/2019 84 FR 24037
Burning Equipment.
6.503.................................... Particulate matter from 11/17/2000 11/15/2001 66 FR 57391
industrial processes.
6.504.................................... Visible Air Pollutants...... 5/14/2010 5/24/2019 84 FR 24037
6.601.................................... Minimum Standards........... 5/14/2010, 3/ 5/24/2019 84 FR 24037
21/2014
6.601.................................... Minimum standards........... 11/17/2000 11/15/2001 66 FR 57391
6.602.................................... Hours of operation.......... 11/17/2000 11/15/2001 66 FR 57391
6.603.................................... Performance tests........... 11/17/2000 11/15/2001 66 FR 57391
6.604.................................... Hazardous waste incinerators 11/17/2000 11/15/2001 66 FR 57391
6.701.................................... Opacity limits.............. 11/17/2000 11/15/2001 66 FR 57391
6.702.................................... Operation................... 11/17/2000 11/15/2001 66 FR 57391
6.703.................................... Fuels....................... 11/17/2000 11/15/2001 66 FR 57391
7.101.................................... Definitions................. 3/21/2014 5/24/2019 84 FR 24037
7.102.................................... Outdoor burning permits 11/17/2000 11/15/2001 66 FR 57391
required.
7.103.................................... Materials prohibited........ 11/17/2000 11/15/2001 66 FR 57391
7.104.................................... Burning seasons............. 11/17/2000 11/15/2001 66 FR 57391
7.105.................................... Restricted areas............ 11/17/2000 11/15/2001 66 FR 57391
7.106.................................... Minor Outdoor Burning Source 3/21/2014 5/24/2019 84 FR 24037
Requirements.
7.107.................................... Major Outdoor Burning Source 3/21/2014 5/24/2019 84 FR 24037
Requirements.
7.108.................................... Bonfire permits............. 11/17/2000 11/15/2001 66 FR 57391
7.109.................................... Fire fighter training 11/17/2000 11/15/2001 66 FR 57391
permits.
7.110.................................... Conditional Outdoor Burning 3/21/2014 5/24/2019 84 FR 24037
Permits.
7.111.................................... Christmas tree waste outdoor 11/17/2000 11/15/2001 66 FR 57391
burning permits.
7.112.................................... Emergency outdoor burning 11/17/2000 11/15/2001 66 FR 57391
permits.
7.113.................................... Commercial film production 11/17/2000 11/15/2001 66 FR 57391
outdoor burning permits.
7.114.................................... Public notice............... 11/17/2000 11/15/2001 66 FR 57391
7.115.................................... Outdoor burning permitting 11/17/2000 11/15/2001 66 FR 57391
actions.
8.101.................................... Definitions................. 3/21/2014 5/24/2019 84 FR 24037
8.102.................................... General Requirements........ 3/21/2014 5/24/2019 84 FR 24037
8.103.................................... Stationary source 11/17/2000 11/15/2001 66 FR 57391
requirements.
8.104.................................... Construction and Mining 3/21/2014 5/24/2019 84 FR 24037
Sites.
8.105.................................... Agricultural exemption...... 11/17/2000 11/15/2001 66 FR 57391
8.201.................................... Permits required............ 11/17/2000 11/15/2001 66 FR 57391
8.202.................................... New Roads in the Air 3/21/2014 5/24/2019 84 FR 24037
Stagnation Zone.
[[Page 344]]
8.203.................................... New Parking Areas in the Air 3/21/2014 5/24/2019 84 FR 24037
Stagnation Zone.
8.204.................................... New Driveways in the Air 3/21/2014 5/24/2019 84 FR 24037
Stagnation Zone.
8.205.................................... Unpaved Access Roads........ 3/21/2014 5/24/2019 84 FR 24037
8.206.................................... Maintenance of pavement 11/17/2000 11/15/2001 66 FR 57391
required.
8.207.................................... Paving existing facilities 11/17/2000 11/15/2001 66 FR 57391
in the air stagnation zone.
8.301.................................... Deicer required............. 11/17/2000 11/15/2001 66 FR 57391
8.302.................................... Durability requirements..... 11/17/2000 11/15/2001 66 FR 57391
8.303.................................... Street sweeping requirements 11/17/2000 11/15/2001 66 FR 57391
8.304.................................... Contingency measures........ 11/17/2000 11/15/2001 66 FR 57391
9.101.................................... Intent...................... 5/14/2010 5/24/2019 84 FR 24037
9.102.................................... Definitions................. 5/14/2010 5/24/2019 84 FR 24037
9.103.................................... Fuels....................... 5/14/2010 5/24/2019 84 FR 24037
9.104.................................... Non-Alert Visible Emission 5/14/2010 5/24/2019 84 FR 24037
Standards.
9.201.................................... Swan River Watershed Exempt 5/14/2010 5/24/2019 84 FR 24037
from Subchapter 2 Rules.
9.202.................................... Permits Required for Solid 5/14/2010 5/24/2019 84 FR 24037
Fuel Burning Devices.
9.203.................................... Installation permits Inside 5/14/2010, 3/ 5/24/2019 84 FR 24037
the Air Stagnation Zone. 21/2014
9.205.................................... Alert Permits............... 5/14/2010 5/24/2019 84 FR 24037
9.206.................................... Sole Source Permits......... 5/14/2010 5/24/2019 84 FR 24037
9.207.................................... Special Need Permits........ 5/14/2010 5/24/2019 84 FR 24037
9.208.................................... Temporary Sole Source Permit 5/14/2010 5/24/2019 84 FR 24037
9.209.................................... Permit Applications......... 5/14/2010 5/24/2019 84 FR 24037
9.210.................................... Revocation or Modification 5/14/2010 5/24/2019 84 FR 24037
of Permit.
9.211.................................... Transfer of Permit.......... 5/14/2010 5/24/2019 84 FR 24037
9.301.................................... Applicability............... 5/14/2010 5/24/2019 84 FR 24037
9.302.................................... Prohibition of Visible 5/14/2010 5/24/2019 84 FR 24037
Emissions during Air
Pollution Alerts and
Warnings.
9.401.................................... Emissions Certification..... 5/14/2010, 3/ 5/24/2019 84 FR 24037
21/2014
9.402.................................... Sale of New Solid Fuel 5/14/2010, 3/ 5/24/2019 84 FR 24037
Burning Devices. 21/2014
9.501.................................... Removal of Solid Fuel 5/14/2010 5/24/2019 84 FR 24037
Burning Devices upon Sale
of the Property.
9.601.................................... Contingency Measures listed 5/14/2010 5/24/2019 84 FR 24037
below in this subchapter go
into affect if the non-
attainment area fails to
attain the NAAQS or to make
reasonable progress in
reducing emissions (see
Chapter 3).
10.101................................... Intent...................... 11/17/2000 11/15/2001 66 FR 57391
10.102................................... Definitions................. 11/17/2000 11/15/2001 66 FR 57391
10.103................................... Oxygenated fuel required.... 11/17/2000 11/15/2001 66 FR 57391
10.104................................... Labeling gasoline pumps..... 11/17/2000 11/15/2001 66 FR 57391
10.105................................... Oxygenate blending facility 11/17/2000 11/15/2001 66 FR 57391
requirements.
10.106................................... Distributor requirements.... 11/17/2000 11/15/2001 66 FR 57391
[[Page 345]]
10.107................................... Fueling facility operator 11/17/2000 11/15/2001 66 FR 57391
requirements.
10.108................................... Inability to produce 11/17/2000 11/15/2001 66 FR 57391
oxygenated fuel in
extraordinary circumstances.
10.109................................... Registration fees........... 11/17/2000 11/15/2001 66 FR 57391
10.110................................... Contingency measure......... 11/17/2000 11/15/2001 66 FR 57391
10.201................................... Regulation of sulfur in fuel 11/17/2000 11/15/2001 66 FR 57391
10.202................................... Regulation of sulfur in fuel 11/17/2000 11/15/2001 66 FR 57391
burned within the air
stagnation zone.
10.203................................... Labeling requirements....... 11/17/2000 11/15/2001 66 FR 57391
10.301................................... Containers with more than 11/17/2000 11/15/2001 66 FR 57391
65,000 gallon capacity.
10.302................................... Oil-effluent water 11/17/2000 11/15/2001 66 FR 57391
separators.
10.303................................... Loading gasoline............ 11/17/2000 11/15/2001 66 FR 57391
10.304................................... Exemptions.................. 11/17/2000 11/15/2001 66 FR 57391
11.101................................... Removal of control devices.. 11/17/2000 11/15/2001 66 FR 57391
11.102................................... Operation of motor vehicles. 11/17/2000 11/15/2001 66 FR 57391
11.103................................... Four-cycle gasoline powered 11/17/2000 11/15/2001 66 FR 57391
vehicles.
14.101................................... Notice of violation......... 11/17/2000 11/15/2001 66 FR 57391
14.102................................... Order to take corrective 11/17/2000 11/15/2001 66 FR 57391
action.
14.103................................... Appearance before the 11/17/2000 11/15/2001 66 FR 57391
control board.
14.104................................... Other remedies.............. 11/17/2000 11/15/2001 66 FR 57391
14.105................................... Credible evidence........... 11/17/2000 11/15/2001 66 FR 57391
14.106................................... Administrative Review....... 5/14/2010, 3/ 5/24/2019 84 FR 24037
21/2014
14.107................................... Control Board Hearings...... 3/21/2014 5/24/2019 84 FR 24037
14.108................................... Judicial review............. 11/17/2000 11/15/2001 66 FR 57391
15.101................................... General provisions.......... 11/17/2000 11/15/2001 66 FR 57391
15.102................................... Criminal penalties.......... 11/17/2000 11/15/2001 66 FR 57391
15.103................................... Civil penalties............. 11/17/2000 11/15/2001 66 FR 57391
15.104................................... Solid Fuel Burning Device 3/21/2014 5/24/2019 84 FR 24037
Penalties.
15.105................................... Non-compliance penalties.... 11/17/2000 11/15/2001 66 FR 57391
Appendix A............................... Maps........................ 11/17/2000 11/15/2001 66 FR 57391
Appendix B............................... Missoula's Emergency Episode 11/17/2000 11/15/2001 66 FR 57391
Avoidance Plan.
Appendix D............................... Oxygenated fuels program 11/17/2000 11/15/2001 66 FR 57391
sampling requirements for
blending facilities.
List of Acronyms......................... List of Acronyms............ 11/17/2000 11/15/2001 66 FR 57391
Missoula City County Air
Pollution Control Program
Regulations, Table of
Contents, Acronyms and
Appendices, Table of
Contents.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(v) Yellowstone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation 002--Open Burning, A.......... Definitions................. 9/24/1999 8/13/2001 66 FR 42427
Regulation 002--Open Burning, B.......... Incorporation by Reference.. 9/24/1999 8/13/2001 66 FR 42427
Regulation 002--Open Burning, C.......... Prohibited Open Burning-- 9/24/1999 8/13/2001 66 FR 42427
When Permit Required.
[[Page 346]]
Regulation 002--Open Burning, D.......... Minor Open Burning Source 9/24/1999 8/13/2001 66 FR 42427
Restriction.
Regulation 002--Open Burning, E.......... Major Open Burning Source 9/24/1999 8/13/2001 66 FR 42427
Restriction.
Regulation 002--Open Burning, F.......... Special Burning Periods..... 9/24/1999 8/13/2001 66 FR 42427
Regulation 002--Open Burning, G.......... Fire Fighter Training....... 9/24/1999 8/13/2001 66 FR 42427
Regulation 002--Open Burning, H.......... Conditional Air Quality Open 6/7/2002 11/5/2003 68 FR 62529
Burning Permits.
Regulation 002--Open Burning, I.......... Emergency Open Burning 9/24/1999 8/13/2001 66 FR 42427
Permits.
Regulation 002--Open Burning, J.......... Commercial Film Production 9/24/1999 8/13/2001 66 FR 42427
Open Burning.
Regulation 002--Open Burning, K.......... Fees........................ 9/24/1999 8/13/2001 66 FR 42427
--------------------------------------------------------------------------------------------------------------------------------------------------------
(d) EPA-approved source-specific requirements.
----------------------------------------------------------------------------------------------------------------
State effective Notice of final
Title/subject date rule date NFR citation
----------------------------------------------------------------------------------------------------------------
(1) Cascade County
----------------------------------------------------------------------------------------------------------------
1985 December 5 Stipulation and 1985 October 20 12/5/1985 9/7/1990 55 FR 36812
Permit for Montana Refining Company. In the
matter of the Montana Refining Company,
Cascade County; compliance with ARM 16.8.811,
ambient air quality standard for carbon
monoxide.
----------------------------------------------------------------------------------------------------------------
(2) Deer Lodge County
----------------------------------------------------------------------------------------------------------------
1978 November 16 Order for Anaconda Copper 11/16/1978 1/10/1980 45 FR 2034
Smelter. In the Matter of the Petition of the
Department of Health and Environmental
Sciences for an Order adopting a Sulfur Oxides
Control Strategy for the Anaconda Copper
Smelter at Anaconda, Montana, and requiring
the Anaconda Company to comply with the
Control Strategy.
----------------------------------------------------------------------------------------------------------------
(3) Flathead County
----------------------------------------------------------------------------------------------------------------
Air Quality Permit 2667-M, Dated 1/24/92. Plum 1/24/1992 4/14/1994 59 FR 17700
Creek Manufacturing, Inc.
Stipulation--A-1 Paving, In the Matter of 9/17/1993 3/19/1996 61 FR 11153
Compliance of A-1 Paving, Kalispell, Montana.
Stipulation--Equity Supply Company, In the 9/17/1993 3/19/1996 61 FR 11153
Matter of Compliance of Equity Supply Company.
Stipulation--Flathead Road Department 1, In 9/17/1993 3/19/1996 61 FR 11153
the Matter of Compliance of Flathead Road
Department, Kalispell, Montana.
Stipulation--Flathead Road Department 2, In 9/17/1993 3/19/1996 61 FR 11153.
the Matter of Compliance of Flathead Road
Department, Kalispell, Montana.
Stipulation--Klingler Lumber Company, In the 9/17/1993 3/19/1996 61 FR 11153
Matter of Compliance of Klinger Lumber
Company, Inc., Kalispell, Montana.
Stipulation--McElroy & Wilkens, In the Matter 9/17/1993 3/19/1996 61 FR 11153
of Compliance of McElroy and Wilkens, Inc.,
Kalispell, Montana.
Stipulation--Montana Mokko, In the Matter of 9/17/1993 3/19/1996 61 FR 11153
Compliance of Montana Mokko, Kalispell,
Montana.
Stipulation--Pack and Company, In the Matter of 9/7/1993 3/19/1996 61 FR 11153
Compliance of Pack and Company, Inc.,
Kalispell, Montana.
Stipulation--Pack Concrete, In the Matter of 9/17/1993 3/19/1996 61 FR 11153
Compliance of Pack Concrete, Inc., Kalispell,
Montana.
Stipulation--Plum Creek, In the Matter of 9/17/1993 3/19/1996 61 FR 11153
Compliance of Plum Creek Manufacturing, L.P.,
Kalispell, Montana.
----------------------------------------------------------------------------------------------------------------
(4) Lewis and Clark County
----------------------------------------------------------------------------------------------------------------
Total Suspended Particulate NAAQS--East Helena, 4/24/1979 1/10/1980 45 FR 2034
ASARCO Application for Revisions of Montana
State Air Quality Control Implementation Plan--
Only as it applies to Total Suspended
Particulate.
Sulfur Dioxide NAAQS--Board Orders, 3/15/1994 1/27/1995 60 FR 5313
Stipulations, Exhibits, and Attachments,
Asarco Stipulation--1994 March 15.
Sulfur Dioxide NAAQS--Board Orders, 3/15/1994 1/27/1995 60 FR 5313
Stipulations, Exhibits, and Attachments,
Exhibit A--Asarco Emission Limitations and
Conditions, Asarco Incorporated, East Helena,
Montana.
[[Page 347]]
Asarco Board Order--1994 March 18. In the 3/18/1994 1/27/1995 60 FR 5313
Matter of the Application of the Department of
Health and Environmental Sciences for Revision
of the Montana State Air Quality Control
Implementation Plan Relating to Control of
Sulfur Dioxide Emissions from the Lead Smelter
Located at East Helena, Montana, owned and
operated by Asarco Incorporated.
Lead NAAQS--Board Orders, Stipulations, 6/30/1995 6/18/2001 66 FR 32760
Exhibits, and Attachments, American Chemet
Stipulation--1995 June 30.
Lead NAAQS--Board Orders, Stipulations, 8/4/1995 6/18/2001 66 FR 32760
Exhibits, and Attachments, American Chemet
Board Order--1995 August 4.
Lead NAAQS--Board Orders, Stipulations, 6/10/2013 3/28/2018 83 FR 13196.
Exhibits, and Attachments, Exhibit A--American
Chemet Emissions Limitations and Conditions,
American Chemet Corporation, East Helena,
Montana.
Lead NAAQS--Board Orders, Stipulations, 6/11/1996 6/18/2001 66 FR 32760
Exhibits, and Attachments, Asarco Stipulation--
1996 June 11.
Lead NAAQS--Board Orders, Stipulations, 6/26/1996 6/18/2001 66 FR 32760
Exhibits, and Attachments, Asarco Board Order--
1996 June 26.
Lead NAAQS--Board Orders, Stipulations, 6/26/1996 6/18/2001 66 FR 32760
Exhibits, and Attachments, Exhibit A--Asarco
Emission Limitations and Conditions with
attachments 1-7, Asarco Lead Smelter, East
Helena, Montana.
Lead NAAQS--Board Orders, Stipulations, 8/28/1998 6/18/2001 66 FR 32760
Exhibits, and Attachments, Asarco Stipulation--
1998 August 13.
Lead NAAQS--Board Orders, Stipulations, 8/28/1998 6/18/2001 66 FR 32760
Exhibits, and Attachments, Asarco Board Order--
1998 August 28.
Lead NAAQS--Board Orders, Stipulations, 9/15/2000 6/18/2001 66 FR 32767
Exhibits, and Attachments, Asarco Stipulation--
2000 July 18.
Lead NAAQS--Board Orders, Stipulations, 9/15/2000 6/18/2001 66 FR 32767
Exhibits, and Attachments, Asarco Board Order--
2000 September 15.
----------------------------------------------------------------------------------------------------------------
(5) Lincoln County
----------------------------------------------------------------------------------------------------------------
Board Order--1994 December 16 (Stimson Lumber). 12/16/1994 9/30/1996 61 FR 51014
In the Matter of Compliance of Stimson Lumber
Company, Libby, Montana.
Air Quality Permit 2627-M Dated 7/25/91. 3/19/1993 8/30/1994 59 FR 44627
Stimson Lumber Company (formerly Champion
International Corp).
Stipulation--Stimson Lumber. In the Matter of 12/16/1994 9/30/1996 61 FR 51014
Compliance of Stimson Lumber Company, Libby,
Montana.
----------------------------------------------------------------------------------------------------------------
(6) Missoula County
----------------------------------------------------------------------------------------------------------------
Air Quality Permit 2303M, Dated 3/20/92. 3/20/1992 1/18/1994 59 FR 2537
Louisiana-Pacific Corporation.
Air Quality Permit 2589M, Dated 1/23/92. Stone 1/24/1992 1/18/1994 59 FR 2537
Container Corporation.
----------------------------------------------------------------------------------------------------------------
(7) Rosebud County
----------------------------------------------------------------------------------------------------------------
1980 October 22 Permit for Western Energy 10/22/1980 4/26/1985 50 FR 16475
Company..
----------------------------------------------------------------------------------------------------------------
(8) Silver Bow County
----------------------------------------------------------------------------------------------------------------
Air Quality Permit 1636-06 dated 8/22/96. 8/22/1996 12/6/1999 64 FR 68034
Rhone-Poulenc Basic Chemicals Company.
Air Quality Permit 1749-05 dated 1/5/94. 1/5/1994 3/22/1995 60 FR 15056
Montana Resources, Inc.
----------------------------------------------------------------------------------------------------------------
(9) Yellowstone County
----------------------------------------------------------------------------------------------------------------
Cenex June 12, 1998 Board Order and 6/12/1998 5/2/2002 67 FR 22168
Stipulation. In the Matter of the Application
of the Department of Health and Environmental
Sciences for Revision of the Montana State Air
Quality Control Implementation plan Relating
to Control of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Cenex June 12, 1998 Exhibit A (with 3/17/00 3/17/2000 5/22/2003 68 FR 27908
Revisions) Emission Limitations and Other
Conditions.
Cenex March 17, 2000 Board Order and 3/17/2000 5/22/2003 68 FR 27908
Stipulation. In the Matter of the Application
of the Department of Environmental Quality for
Revision of the Montana State Air Quality
Control Implementation Plan Relating to
Control of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Conoco June 12, 1998 Board Order and 6/12/1998 5/2/2002 67 FR 22168
Stipulation. In the Matter of the Application
of the Department of Health and Environmental
Sciences for Revision of the Montana State Air
Quality Control Implementation plan Relating
to Control of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Conoco June 12, 1998 Exhibit A. Emission 6/12/1998 5/2/2002 67 FR 22168
Limitations and Other Conditions.
Exxon June 12, 1998 Board Order and 6/12/1998 5/2/2002 67 FR 22168
Stipulation. In the Matter of the Application
of the Department of Health and Environmental
Sciences for Revision of the Montana State Air
Quality Control Implementation Plan Relating
to Control of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
[[Page 348]]
Exxon June 12, 1998 Exhibit A (with 3/17/00 3/17/2000 5/22/2003 68 FR 27908
Revisions). Emission Limitations and Other
Conditions.
Exxon March 17, 2000 Board Order and 3/17/2000 5/22/2003 68 FR 27908
Stipulation. In the Matter of the Application
of the Department of Environmental Quality for
Revision of the Montana State Air Quality
Control Implementation Plan Relating to
Control of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Montana Power June 12, 1998 Board Order and 6/12/1998 5/2/2002 67 FR 22168
Stipulation. In the Matter of the Application
of the Department of Health and Environmental
Sciences for Revision of the Montana State Air
Quality Control Implementation plan Relating
to Control of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Montana Power June 12, 1998 Exhibit A, Emission 6/12/1998 5/2/2002 67 FR 22168
Limitations and Conditions.
Montana Sulphur & Chemical Company June 12, 6/12/1998 5/2/2002 67 FR 22168
1998 Board Order and Stipulation. In the
Matter of the Application of the Department of
Health and Environmental Sciences for Revision
of the Montana State Air Quality Control
Implementation plan Relating to Control of
Sulfur Dioxide Emissions in the Billings/
Laurel Area.
Montana Sulphur & Chemical Company June 12, 6/12/1998 5/2/2002 67 FR 22168
1998 Exhibit A. Emission Limitations and Other
Conditions.
Western Sugar June 12, 1998 Board Order and 6/12/1998 5/2/2002 67 FR 22168.
Stipulation. In the Matter of the Application
of the Department of Health and Environmental
Sciences for Revision of the Montana State Air
Quality Control Implementation plan Relating
to Control of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Western Sugar June 12, 1998 Exhibit A. Emission 6/12/1998 5/2/2002 67 FR 22168
Limitations and Other Conditions.
Yellowstone Energy Limited Partnership June 12, 6/12/1998 5/2/2002 67 FR 22168
1998 Board Order and Stipulation. In the
Matter of the Application of the Department of
Health and Environmental Sciences for Revision
of the Montana State Air Quality Control
Implementation Plan Relating to Control of
Sulfur Dioxide Emissions in the Billings/
Laurel Area.
Yellowstone Energy Limited Partnership June 12, 3/17/2000 5/22/2003 68 FR 27908
1998 Exhibit A (with 3/17/00 revisions)
Emission Limitations and Other Conditions.
Yellowstone Energy Limited Partnership March 3/17/2000 5/22/2003 68 FR 27908
17, 2000 Board Order and Stipulation. In the
Matter of the Application of the Department of
Environmental Quality for Revision of the
Montana State Air Quality Control
Implementation Plan Relating to Control of
Sulfur Dioxide Emissions in the Billings/
Laurel Area.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved nonregulatory provisions.
----------------------------------------------------------------------------------------------------------------
Notice of
Title/Subject State final rule NFR Citation
effective date date
----------------------------------------------------------------------------------------------------------------
(1) Statewide
----------------------------------------------------------------------------------------------------------------
Emergency Episode Avoidance Plan............................ 6/23/2004 1/3/2006 71 FR 19.
Montana State Department of Health and Environmental 12/31/1971 1/16/1986 51 FR 2397.
Sciences, Air Quality Bureau, Sampling and Analytical
Procedures,................................................
Nonregulatory Provisions, 40 CFR 52.1394, 1997 Ozone 12/22/2009 7/22/2011 76 FR 43918.
Infrastructure Certification...............................
Nonregulatory Provisions, Interstate Transport, Rule 2/12/2007 2/26/2008 73 FR 10150.
Declaration Satisfying the Requirements of 110(a)(D)(2)(i)
of the CAA for 1997 8-hr Ozone and PM2.5 Standards.........
Infrastructure Requirements for the 1997 and 2006 PM2.5 N/A 7/30/2013 78 FR 45864.
National Ambient Air Quality Standards.....................
Interstate Transport of Pollution for the 2006 PM2.5 NAAQS.. N/A 7/30/2013 78 FR 45869.
Infrastructure Requirements for the 2008 Lead, 2008 8-hour N/A 4/20/2016 81 FR 23186
Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 National Ambient
Air Quality Standards......................................
Infrastructure Requirements, Interstate Transport of N/A 4/20/2016 81 FR 23186
Pollution 110(a)(2)(D)(ii) for the 1997 and 2006 PM2.5
NAAQS......................................................
Montana Code Annotated 2-2-121(2)(e) and 2-2-121(8)......... N/A 4/20/2016 81 FR 23186
----------------------------------------------------------------------------------------------------------------
(2) Cascade County
----------------------------------------------------------------------------------------------------------------
Board Order--2000 October 16, Approval of Amendment for 10/16/2000 6/12/2001 66 FR 31548.
Cascade County's Air Pollution Control Program.............
Great Falls Carbon Monoxide (CO)--Maintenance Plan, State of N/A 4/1/2015 80 FR 17331
Montana Air Quality Control Implementation Plan, Cascade
County Carbon Monoxide Limited Maintenance Plan, Chapter 7,
Great Falls Carbon Monoxide (CO) Limited Maintenance Plan
and the Associated Alternative Monitoring Strategy.........
----------------------------------------------------------------------------------------------------------------
[[Page 349]]
(3) Flathead County
----------------------------------------------------------------------------------------------------------------
Board Order--1991 November 15. In the Matter of the 11/15/1991 4/14/1994 59 FR 17700.
Application of the Cities of Columbia Falls and Kalispell
and the County of Flathead for Approval of a Local Air
Pollution Control Program..................................
Board Order--1993 September 17. In the Matter of Compliance 9/17/1993 3/19/1996 61 FR 11153.
of Named Stationary Sources................................
Board Order--1994 May 20. In the Matter of the Application 5/20/1994 3/19/1996 61 FR 11153.
of the Cities of Columbia Falls and Kalispell and the
County of Flathead for Approval of a Local Air Pollution
Control Program............................................
Kalispell Particulate Matter (PM-10) Attainment Plan, PM-10 .............. 3/19/1996 61 FR 11153.
SIP Commitment, Commitment Letter..........................
Particulate Matter (PM-10)--Plan Summary, Columbia Falls
Particulate Matter (PM-10) Attainment Plan.................
Particulate Matter (PM-10)--Plan Summary, Plan Summary,
Kalispell Particulate Matter (PM-10) Attainment Plan.......
Resolution 867, Adopting Flathead County Air Pollution 11/15/1991 4/14/1994 59 FR 17700.
Control Program............................................
Resolution 867B, Adopting Flathead County Air Pollution 10/3/1991 3/19/1996 61 FR 11153.
Control Program............................................
Stipulation--1991 November 15, In the Matter of the 11/15/1991 4/14/1994 59 FR 17700.
Application of the Cities of Columbia Falls and Kalispell
and the County of Flathead for Approval of Local Air
Pollution Control Program..................................
----------------------------------------------------------------------------------------------------------------
(4) Lewis and Clark County
----------------------------------------------------------------------------------------------------------------
Lead NAAQS--Plan Summary, Plan Summary, East Helena Lead
Attainment Plan............................................
Sulfur Dioxide NAAQS--Plan Summary, Plan Summary, East
Helena Sulfur Dioxide (SO2) Attainment Plan................
Total Suspended Particulate NAAQS--East Helena, East Helena .............. 1/10/1980 45 FR 2034.
Section of Chapter 5 of SIP, 4-6-79........................
----------------------------------------------------------------------------------------------------------------
(5) Lincoln County
----------------------------------------------------------------------------------------------------------------
Board Orders, Board Order--1991 November 15, In the Matter 11/15/1991 8/30/1994 59 FR 44627.
of the Application of the City of Libby and County of
Lincoln for Approval of its Local Air Pollution Control
Program....................................................
Board Orders, Board Order--1993 March 19, In the Matter of 3/19/1993 8/30/1994 59 FR 44627.
the Application of the City of Libby and County of Lincoln
for Approval of Amendments to their Local Air Pollution
Control Program............................................
Board Orders, Board Order--1994 December 16, In the Matter 12/16/1994 9/30/1996 61 FR 51014.
of the Application of the City of Libby and County of
Lincoln for Approval of Amendments to the Local Air
Pollution Control Program..................................
Board Orders, Board Order--1996 February 1, In the Matter of 2/1/1996 9/30/1996 61 FR 51014.
the Application of the City of Libby and County of Lincoln
for Approval of Amendments to the Local Air Pollution
Control Program............................................
Board Orders, Board Order; March 23, 2006, In the Matter of 3/23/2006 3/17/2011 76 FR 14584.
the Application of Lincoln County for Approval of
Amendments to its Local Air Pollution Control Program......
Particulate Matter (PM-10)--Plan Summary, Plan Summary, .............. 3/17/2011 76 FR 14584.
Libby Particulate Matter (PM-10) Attainment Plan...........
Resolution, 276............................................. 3/19/1993 8/30/1994 59 FR 44627.
Resolution, 377............................................. 9/27/1995 9/30/1996 61 FR 51014.
Resolution, 725............................................. 3/23/2006 3/17/2011 76 FR 14584.
State of Montana Air Quality Control Implementation Plan, 12/21/1992 8/30/1994 59 FR 44627.
Lincoln County Air Quality Control Program, Chapter 27,
Libby PM-10 SIP Commitments, 27.10.18,.....................
Stipulation--1991 October 7, In the Matter of the 11/15/1991 8/30/1994 59 FR 44627.
Application of the City of Libby and County of Lincoln for
Approval of its Local Air Pollution Control Program........
Stipulation--1993 March 18, In the Matter of the Application 3/19/1993 8/30/1994 59 FR 44627.
of the City of Libby and County of Lincoln for Approval of
Amendments to their Local Air Pollution Control Program....
----------------------------------------------------------------------------------------------------------------
(6) Missoula County
----------------------------------------------------------------------------------------------------------------
Board Order--1991 June 28, In the matter of the Application 1/24/1992 1/18/1994 59 FR 2537.
of the City of Missoula and the County of Missoula for
Approval of Amendments to its Local Air Pollution Control
Program....................................................
Board Orders, Board Order--1992 March 20, In the matter of 3/20/1992 1/18/1994 59 FR 2537.
the Application of the City of Missoula and the County of
Missoula for Approval of Amendments to its Local Air
Pollution Control Program..................................
[[Page 350]]
Board Order--1992 September 25, In the matter of the 9/25/1992 11/8/1994 59 FR 55585.
Application of the City of Missoula and the County of
Missoula for Approval of Amendments to its Local Air
Pollution Control Program relating to the adoption of a
Carbon Monoxide Control Plan...............................
Board Order--1993 November 19, In the matter of the 11/19/1993 12/13/1994 59 FR 64139.
Application of the City of Missoula and the County of
Missoula for Approval of Amendments to its Local Air
Pollution Control Program..................................
Board Order--1994 September 16, In the matter of the 9/16/1994 8/30/1995 60 FR 45051.
Application of the City of Missoula and the County of
Missoula for Approval of Amendments to its Local Air
Pollution Control Program..................................
Board Order--1997 October 31, In the matter of the 10/31/1997 1/3/2000 65 FR 16.
Application of the City of Missoula and the County of
Missoula for Approval of Amendments to its Local Air
Pollution Control Program..................................
Board Order--2000 November 30, In the matter of the 11/17/2000 11/15/2001 66 FR 57391.
Application of the City of Missoula and the County of
Missoula for Approval of Amendments to its Local Air
Pollution Control Program..................................
Missoula 1987 PM-10 Limited Maintenance Plan................ .............. 6/24/2019 84 FR 24037.
Missoula Carbon Monoxide (CO) Maintenance Plan, State of 3/7/2005 8/17/2007 72 FR 46158.
Montana Air Quality Control Implementation Plan, Chapter
32, The Missoula County Carbon Monoxide Redesignation
Request and Maintenance Plan...............................
Particulate Matter (PM-10)--Plan Summary, Plan Summary,
Missoula Particulate Matter (PM-10)--Attainment Plan
Summary....................................................
Stipulations, Stipulation--1991 April 29, In the matter of 1/24/1992 1/18/1994 59 FR 2537.
the Application of the City of Missoula and the County of
Missoula for Approval of Amendments to its Local Air
Pollution Control Program..................................
----------------------------------------------------------------------------------------------------------------
(7) Sanders County
----------------------------------------------------------------------------------------------------------------
Board Order, Board Order--1997 June 20, In the Matter of the 6/20/1997 1/22/2004 69 FR 3011.
Application of The Department of Environmental Quality for
Inclusion of a Control Plan for PM-10 Emissions in The
Thompson Falls Area Into the Montana State Implementation
Plan.......................................................
Maintenance Agreement, Maintenance Agreement--1997 May, 6/20/1997 1/22/2004 69 FR 3011.
Maintenance Agreement Between The City of Thompson Falls,
Department of Transportation, and Department of
Environmental Quality for Street Sweeping Responsibilities.
Particulate Matter (PM-10)--Plan Summary, Plan Summary,
Thompson Falls Particulate Matter (PM-10) Control Plan.....
----------------------------------------------------------------------------------------------------------------
(8) Silver Bow County
----------------------------------------------------------------------------------------------------------------
Board Order--1991 November 15, In the Matter of the 11/15/1991 3/11/1994 59 FR 11550.
Application of Butte-Silver Bow Council of Commissioners
for Approval of its Local Air Pollution Control Program....
Board Order--1994 May 20, In the Matter of the Application 5/20/1994 3/22/1995 60 FR 15056.
of Butte-Silver Bow Council of Commissioners for Approval
of Amendments to its Local Air Pollution Control Program...
Ordinance 330, Establishing Residential Wood Burning and 11/15/1991 3/11/1994 59 FR 11550.
Idling Diesel Vehicle and Locomotive Requirements..........
Ordinance 468, Contingency Measure Requirements for Liquid 5/20/1994 3/22/1995 60 FR 15056.
De-icers...................................................
Particulate Matter (PM-10)--Plan Summary, Plan Summary,
Butte Particulate Matter (PM-10) Attainment Plan...........
Resolutions, Resolution 1307, Establishing Sanding and Chip 3/6/1991 3/11/1994 59 FR 11550.
Seal Material Standards and Street Sweeping and Flushing
Policies...................................................
State of Montana Air Quality Control Implementation Plan, 7/9/1992 3/11/1994 59 FR 11550.
Butte/Silver Bow Air Quality Control Program, Chapter 47,
Butte PM-10 SIP Commitments, 47.10.18......................
Stipulation--1991 October 7, In the matter of compliance of 11/15/1991 3/11/1994 59 FR 11550.
the City and County of Butte-Silver Bow and the Montana
Department of Transportation...............................
Stipulation--1991 October 8, In the matter of the 3/20/1992 3/11/1994 59 FR 11550.
Application of Butte-Silver Bow Council of Commissioners
for Approval of its Local Air Pollution Control Program....
----------------------------------------------------------------------------------------------------------------
(9) Yellowstone County
----------------------------------------------------------------------------------------------------------------
Billings Carbon Monoxide (CO)--Plan Summary, Plan Summary,
Billings Carbon Monoxide (CO) Maintenance Plan.............
Billings Carbon Monoxide (CO)--Maintenance Plan, State of N/A 3/30/2015 80 FR 16571
Montana Air Quality Control Implementation Plan,
Yellowstone County Carbon Monoxide Limited Maintenance
Plan, Chapter 56, Billings Carbon Monoxide (CO) Limited
Maintenance Plan and the associated Alternative Monitoring
Strategy...................................................
[[Page 351]]
Board Order, Board Order--1999 September 24, Approval of 9/24/1999 8/13/2001 66 FR 42427.
Amendments to Yellowstone County's Air Pollution Control
Program....................................................
Sulfur Dioxide--Board Orders, Stipulations, Exhibits and 1/25/1978 9/6/1979 44 FR 51977.
Attachments, 1977 December 1--Stipulation, In the matter of
the Proposed Revision of the State Implementation Plan for
the Billings Air Quality Maintenance Area..................
Sulfur Dioxide--Board Orders, Stipulations, Exhibits and 1/25/1978 9/6/1979 44 FR 51977.
Attachments, 1978 January 25--Board Order, In the matter of
the Proposed Revision of the Montana State Implementation
Plan for the Billings Air Quality Maintenance Area.........
Sulfur Dioxide--Board Orders, Stipulations, Exhibits and 6/12/1998 5/2/2002 67 FR 22168.
Attachments, Montana Power June 12, 1998 Exhibit A,
Emission Limitations and Other Conditions..................
Billings 2010 SO2 Maintenance Plan.......................... 12/14/2015 5/10/2016 81 FR 28719
----------------------------------------------------------------------------------------------------------------
[80 FR 22911, Apr. 24, 2015, as amended at 80 FR 50584, Aug. 20, 2015;
81 FR 23186, Apr. 20, 2016; 81 FR 28719, May 10, 2016; 82 FR 24855, May
31, 2017; 83 FR 13198, Mar. 28, 2018; 83 FR 29695, June 26, 2018; 84 FR
24038, May 24, 2019]
Sec. 52.1371 Classification of regions.
The Montana Emergency Episode Avoidance Plan was revised with an
August 2, 2004 submittal by the Governor. The August 2, 2004 Emergency
Episode Avoidance Plan classified the Air Quality Control Regions (AQCR)
as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollutant
------------------------------------------------------------------------------------
Air quality control regions (AQCR) Particulate Nitrogen
matter Sulfur oxide dioxide Carbon monoxide Ozone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Billings Intrastate AQCR 140....................................... III III III III III
Great Falls Intrastate AQCR 141.................................... III III III III III
Helena Intrastate AQCR 142......................................... III III III III III
Miles City Intrastate AQCR 143..................................... III III III III III
Missoula Intrastate AQCR 144....................................... III III III III III
--------------------------------------------------------------------------------------------------------------------------------------------------------
[64 FR 68038, Dec. 6, 1999, as amended at 66 FR 31550, June 12, 2001; 71
FR 21, Jan. 3, 2006]
Sec. 52.1372 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Montana's plans for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds the plans satisfy all requirements of Part D,
Title I, of the Clean Air Act as amended in 1977, except as noted below.
[45 FR 2036, Jan. 10, 1980]
Sec. 52.1373 Control strategy: Carbon monoxide.
(a) On July 8, 1997, the Governor of Montana submitted revisions to
the SIP narrative for the Missoula carbon monoxide control plan.
(b) Revisions to the Montana State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Billings, as submitted by the
Governor's Designee on July 13, 2011, and the associated Alternative
Monitoring Strategy for Billings, as submitted by the Governor's
Designee on June 22, 2012.
(c) Revisions to the Montana State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Great Falls, as submitted by the
Governor's Designee on July 13, 2011, and the associated Alternative
Monitoring Strategy for Great Falls, as submitted by the Governor's
Designee on June 22, 2012.
(d) Revisions to the Montana State Implementation Plan, revised
Carbon
[[Page 352]]
Monoxide Maintenance Plan for Missoula, as submitted by the Governor on
September 19, 2016 (as approved by the EPA on February 1, 2018).
[64 FR 68038, Dec. 6, 1999, as amended at 67 FR 7973, Feb. 21, 2002; 67
FR 31150, May 9, 2002; 72 FR 46161, Aug. 17, 2007; 80 FR 16573, Mar. 30,
2015; 80 FR 17333, Apr. 1, 2015; 82 FR 43184, Sept. 14, 2017; 83 FR
4598, Feb. 1, 2018]
Sec. 52.1374 Control strategy: Particulate matter.
(a) On July 8, 1997, the Governor of Montana submitted minor
revisions to the Columbia Falls, Butte and Missoula PM-10 SIPS.
(b) Determination--EPA has determined that the Whitefish
PM10 ``moderate'' nonattainment area attained the
PM10 national ambient air quality standard by December 31,
1999. This determination is based on air quality monitoring data from
1997, 1998, and 1999. EPA has determined that the Thompson Falls
PM10 ``moderate'' nonattainment area attained the
PM10 national ambient air quality standard by December 31,
2000. This determination is based on air quality monitoring data from
1998, 1999, and 2000.
(c) Determination of Attainment. EPA has determined, July 14, 2015,
based on quality-assured air monitoring data for 2007-2009 and 2012-2014
ambient air quality data, that the Libby, MT fine particulate matter
(PM2.5) nonattainment area attained the 1997 annual
PM2.5 national ambient air quality standards (NAAQS).
Therefore, EPA has met the requirement of CAA section 188(b)(2) to
determine, based on the area's air quality as of the attainment date or
as expeditiously as practicable, whether the area attained the 1997
annual PM2.5 NAAQS. Additionally, this determination suspends
the requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual PM2.5 NAAQS. If EPA determines, after notice-
and-comment rulemaking, that this area no longer meets the 1997 annual
PM2.5 NAAQS, the corresponding determination of attainment
for that area shall be withdrawn.
(d) On August 3, 2016, the State of Montana submitted a maintenance
plan for the Missoula PM10 nonattaiment 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.
[64 FR 68038, Dec. 6, 1999, as amended at 66 FR 55105, Nov. 1, 2001; 80
FR 40912, July 14, 2015; 84 FR 24041, May 24, 2019]
Sec. 52.1375 Control strategy: Lead.
Determination--EPA has determined that the East Helena Lead
nonattainment area has attained the lead national ambient air quality
standards through calendar year 1999. This determination is based on air
quality data currently in the AIRS database (as of the date of our
determination, June 18, 2001).
[66 FR 55098, Nov. 1, 2001]
Sec. 52.1376 Extensions.
On October 7, 1993, EPA granted the request by the State for the
full three years allowed by section 172(b) of the CAA, as amended in
1990, for submittal of the SIP for the East Helena area to attain and
maintain the sulfur dioxide secondary NAAQS. Therefore, the SIP for the
area was due November 15, 1993. The SIP was not submitted by that date.
[61 FR 16062, Apr. 11, 1996]
Sec. 52.1377 [Reserved]
Sec. 52.1378 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met
since the legal authority to provide for public availability of emission
data is inadequate.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
[[Page 353]]
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial nonecessary by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55331, Nov. 28, 1975;
51 FR 40676, Nov. 7, 1986]
Sec. 52.1379 Legal authority.
(a) The requirements of Sec. 51.230(f) of this chapter are not met,
since section 69-3918 of the Montana Clean Air Act could, in some
circumstances prohibit the disclosure of emission data to the public.
Therefore, section 69-3918 is disapproved.
[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. Sec. 52.1380-52.1381 [Reserved]
Sec. 52.1382 Prevention of significant deterioration of air quality.
(a) The Montana plan, as submitted, is approved as meeting the
requirements of Part C, Subpart 1 of the Clean Air Act, except that it
does not apply to sources proposing to construct on Indian Reservations.
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are
hereby incorporated and made a part of the Montana State implementation
plan and are applicable to proposed major stationary sources or major
modifications to be located on Indian Reservations.
(c)(1) Except as set forth in this paragraph, all areas of Montana
are designated Class II.
(2) The Northern Cheyene Indian Reservation is designated Class I.
(3) The Flathead Indian Reservation is designated Class I.
(4) The Fort Peck Indian Reservation is designated Class I.
[42 FR 40697, Aug. 11, 1977, as amended at 47 FR 23928, June 2, 1982; 48
FR 20233, May 5, 1983; 49 FR 4735, Feb. 8, 1984; 53 FR 48645, Dec. 2,
1988; 55 FR 19262, May 9, 1990; 55 FR 22333, June 1, 1990; 68 FR 11323,
Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]
Sec. 52.1384 Emission control regulations.
(a) Administrative Rules of Montana 17.8.309(5)(b) and
17.8.310(3)(e) of the State's rule regulating fuel burning, which were
submitted by the Governor on April 14, 1999 and which allow terms of a
construction permit to override a requirement that has been approved as
part of the SIP, are disapproved. We cannot approve these provisions
into the SIP, as it would allow the State to change a SIP requirement
through the issuance of a permit. Pursuant to section 110 of the Act, to
change a requirement of the SIP, the State must adopt
[[Page 354]]
a SIP revision and obtain our approval of the revision.
(b)(1) In 40 CFR 52.1370(c)(51), we incorporated by reference
several documents that comprise the East Helena Lead SIP. Sections
52.1370(c)(51)(i)(B) and (C) indicate that certain provisions of the
documents that were incorporated by reference were excluded. The
excluded provisions of Sec. 52.1370(c)(51)(i)(B) and (C) are
disapproved. These provisions are disapproved because they do not
entirely conform to the requirement of section 110(a)(2) of the Act that
SIP limits must be enforceable, nor to the requirement of section 110(i)
that the SIP can be modified only through the SIP revision process. The
following phrases, words, or section in exhibit A of the stipulation
between the Montana Department of Environmental Quality (MDEQ) and
Asarco, adopted by order issued on June 26, 1996 by the Montana Board of
Environmental Review (MBER), are disapproved:
(i) The words, ``or an equivalent procedure'' in the second and
third sentences in section 2(A)(22) of exhibit A;
(ii) The words, ``or an equivalent procedure'' in the second and
third sentences in section 2(A)(28) of exhibit A;
(iii) The words, ``or an equivalent procedure'' in the second
sentence in section 5(G) of exhibit A;
(iv) The sentence, ``Any revised documents are subject to review and
approval by the Department as described in section 12,'' from section
6(E) of exhibit A;
(v) The words, ``or a method approved by the Department in
accordance with the Montana Source Testing Protocol and Procedures
Manual shall be used to measure the volumetric flow rate at each
location identified,'' in section 7(A)(2) of exhibit A;
(vi) The sentence, ``Such a revised document shall be subject to
review and approval by the Department as described in section 12,'' in
section 11(C) of exhibit A;
(vii) The sentences, ``This revised Attachment shall be subject to
the review and approval procedures outlined in Section 12(B). The
Baghouse Maintenance Plan shall be effective only upon full approval of
the plan, as revised. This approval shall be obtained from the
Department by January 6, 1997. This deadline shall be extended to the
extent that the Department has exceeded the time allowed in section
12(B) for its review and approval of the revised document,'' in section
12(A)(7) of exhibit A; and
(viii) Section 12(B) of exhibit A.
(2) Paragraphs 15 and 16 of the stipulation by the MDEQ and Asarco
adopted by order issued on June 26, 1996 by the MBER are disapproved.
Paragraph 20 of the stipulation by the MDEQ and American Chemet adopted
by order issued on August 4, 1995 by the MBER is disapproved.
(c) Administrative Rules of Montana 17.8.324(1)(c) and 2(d)
(formerly ARM 16.8.1425(1)(c) and (2)(d)) of the State's rule regulating
hydrocarbon emissions from petroleum products, which were submitted by
the Governor on May 17, 1994 and later recodified with a submittal by
the Governor on September 19, 1997, and which allow the discretion by
the State to allow different equipment than that required by this rule,
are disapproved. Such discretion cannot be allowed without requiring EPA
review and approval of the alternative equipment to ensure that it is
equivalent in efficiency to that equipment required in the approved SIP.
(d) In Sec. 52.1370(c)(46), we approved portions of the Billings/
Laurel Sulfur Dioxide SIP and incorporated by reference several
documents. This paragraph identifies those portions of the Billings/
Laurel SO2 SIP that have been disapproved.
(1) In Sec. 52.1370(c)(46)(i)(A) through (G), certain provisions of
the documents incorporated by reference were excluded. The following
provisions that were excluded by Sec. 52.1370(c)(46)(i)(A) through (G)
are disapproved. We cannot approve these provisions because they do not
conform to the requirements of the Clean Air Act:
(i) The following paragraph and portions of sections of the
stipulation and exhibit A between the Montana Department of
Environmental Quality and Cenex Harvest Cooperatives adopted by Board
Order issued on June 12, 1998, by the Montana Board of Environmental
Review:
(A) Paragraph 20 of the stipulation;
[[Page 355]]
(B) The following phrase from section 3(B)(2) of exhibit A: ``or in
the flare''; and
(C) The following phrases in section 4(D) of exhibit A: ``or in the
flare'' and ``or the flare.''
(ii) Paragraph 20 of the stipulation between the Montana Department
of Environmental Quality and Conoco, Inc., adopted by Board Order issued
on June 12, 1998, by the Montana Board of Environmental Review.
(iii) The following paragraphs and portions of sections of the
stipulation and exhibit A between the Montana Department of
Environmental Quality and Exxon Company, USA, adopted by Board Order
issued on June 12, 1998, by the Montana Board of Environmental Review:
(A) Paragraphs 1 and 22 of the stipulation;
(B) The following phrase of section 3(E)(4) of exhibit A: ``or in
the flare''; and
(C) The following phrases of section 4(E) of exhibit A: ``or in the
flare'' and ``or the flare.''
(iv) Paragraph 20 of the stipulation between the Montana Department
of Environmental Quality and Montana Power Company, adopted by Board
Order issued on June 12, 1998, by Montana Board of Environmental Review.
(v) The following paragraphs and sections of the stipulation and
exhibit A between the Montana Department of Environmental Quality and
Montana Sulphur & Chemical Company, adopted by Board Order issued on
June 12, 1998, by the Montana Board of Environmental Review: paragraphs
1, 2 and 22 of the stipulation; sections 3(A)(1)(a) and (b), 3(A)(3),
and 3(A)(4) of exhibit A.
(vi) Paragraph 20 of the stipulation between the Montana Department
of Environmental Quality and Western Sugar Company, adopted by Board
Order issued on June 12, 1998, by the Montana Board of Environmental
Review.
(vii) Paragraph 20 of the stipulation between the Montana Department
of Environmental Quality and Yellowstone Energy Limited Partnership,
adopted by Board Order issued on June 12, 1998, by the Montana Board of
Environmental Review.
(2) Section (3)(A)(2) of exhibit A of the stipulation between the
Montana Department of Environmental Quality and Montana Sulphur &
Chemical Company, adopted by Board Order issued on June 12, 1998, by the
Montana Board of Environmental Review, which section 3(A)(2) we approved
for the limited purpose of strengthening the SIP, is hereby disapproved.
This limited disapproval does not prevent EPA, citizens, or the State
from enforcing section 3(A)(2).
(e) In 40 CFR 52.1370(c)(52), we approved portions of the Billings/
Laurel Sulfur Dioxide SIP for the limited purpose of strengthening the
SIP. Those provisions that we limitedly approved are hereby limitedly
disapproved. This limited disapproval does not prevent EPA, citizens, or
the State from enforcing the provisions. This paragraph identifies those
provisions of the Billings/Laurel SO2 SIP identified in 40
CFR 52.1370(c)(52) that have been limitedly disapproved.
(1) Sections 3(B)(2) and 4(D) (excluding ``or in the flare'' and
``or the flare'' in both sections, which was previously disapproved in
paragraphs (d)(1)(i)(B) and (C) above), 3(A)(1)(d) and 4(B) of Cenex
Harvest State Cooperatives' exhibit A to the stipulation between the
Montana Department of Environmental Quality and Cenex Harvest State
Cooperatives, adopted June 12, 1998 by Board Order issued by the Montana
Board of Environmental Review.
(2) Method 6A-1 of attachment 2 of Cenex Harvest State
Cooperatives' exhibit A, as revised pursuant to the stipulation between
the Montana Department of Environmental Quality and Cenex Harvest State
Cooperatives, adopted by Board Order issued on March 17, 2000, by the
Montana Board of Environmental Review.
(3) Sections 3(B)(2), 4(B), and 6(B)(3) of Exxon's exhibit A to the
stipulation between the Montana Department of Environmental Quality and
Exxon, adopted on June 12, 1998 by Board Order issued by the Montana
Board of Environmental Review.
(4) Sections 2(A)(11)(d), 3(A)(1), 3(B)(1) and 4(C) of Exxon Mobil
Corporation's exhibit A, as revised pursuant to the stipulation between
the Montana Department of Environmental Quality
[[Page 356]]
and Exxon Mobil Corporation, adopted by Board Order issued on March 17,
2000, by the Montana Board of Environmental Review.
(f) Administrative Rules of Montana 17.8.335 of the State's rule
entitled ``Maintenance of Air Pollution Control Equipment for Existing
Aluminum Plants,'' submitted by the Governor on January 16, 2003, is
disapproved. We cannot approve this rule into the SIP because it is
inconsistent with the Act (e.g., sections 110(a) and 110(l)), prior
rulemakings and our guidance.
[57 FR 57347, Dec. 4, 1992, as amended at 57 FR 60486, Dec. 21, 1993; 60
FR 36722, July 18, 1995; 64 FR 68038, Dec. 6, 1999; 66 FR 42437, Aug.
13, 2001; 66 FR 55099, Nov. 1, 2001; 67 FR 22241, May 2, 2002; 68 FR
27911, May 22, 2003; 71 FR 4828, Jan. 30, 2006]
Sec. Sec. 52.1385-52.1386 [Reserved]
Sec. 52.1387 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) [Reserved]
[52 FR 45138, Nov. 24, 1987, as amended at 82 FR 3129, Jan. 10 2017]
Sec. 52.1388 Stack height regulations.
The State of Montana has committed to revise its stack height
regulations should EPA complete rulemaking to respond to the decision in
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas
M. Skie, EPA, dated May 6, 1988, Jeffrey T. Chaffee, Chief, Air Quality
Bureau, stated:
* * * We are submitting this letter to allow EPA to continue to
process our current SIP submittal with the understanding that if EPA's
response to the NRDC remand modifies the July 8, 1985 regulations, EPA
will notify the State of the rules that must be changed to comply with
the EPA's modified requirements. The State of Montana agrees to make the
appropriate changes.
[54 FR 24341, June 7, 1989. Redesignated at 55 FR 19262, May 9, 1990]
Sec. 52.1389 [Reserved]
Sec. 52.1390 Missoula variance provision.
The Missoula City-County Air Pollution Control Program's Chapter X,
Variances, which was adopted by the Montana Board of Health and
Environmental Sciences on June 28, 1991 and submitted by the Governor of
Montana to EPA in a letter dated August 20, 1991, is disapproved. This
rule is inconsistent with section 110(i) of the Clean Air Act, which
prohibits any State or EPA from granting a variance from any requirement
of an applicable implementation plan with respect to a stationary
source.
[59 FR 64139, Dec. 13, 1994]
Sec. 52.1391 Emission inventories.
(a) The Governor of the State of Montana submitted the 1990 carbon
monoxide base year emission inventories for Missoula and Billings on
July 18, 1995, as a revision to the State Implementation Plan (SIP). The
Governor submitted the 1990 carbon monoxide base year emission inventory
for Great Falls on April 23, 1997, as a revision to the SIP. The
inventories address emissions from point, area, on-road mobile, and non-
road sources. These 1990 base year carbon monoxide inventories satisfy
the nonattainment area requirements of the Clean Air Act of section
187(a)(1) for Missoula and section 172(c)(3) for Billings and Great
Falls.
(b) As part of the Thompson Falls Air Pollution Control Plan
(approved at Sec. 52.1370(c)(60)), the Governor of Montana submitted a
PM-10 emission inventory for the Thompson Falls area as a SIP revision.
The PM-10 emission inventory covers the time period of July 1, 1990
through June 30, 1991.
[62 FR 65616, Dec. 15, 1997, as amended at 69 FR 3012, Jan. 22, 2004]
Sec. 52.1392 Federal Implementation Plan for the Billings/Laurel Area.
(a) Applicability. This section applies to the owner(s) or
operator(s), including any new owner(s) or operator(s) in the event of a
change in ownership or operation, of the following facilities in the
Billings/Laurel, Montana area: CHS Inc. Petroleum Refinery, Laurel
Refinery, 803 Highway 212 South, Laurel,
[[Page 357]]
MT; ConocoPhillips Petroleum Refinery, Billings Refinery, 401 South 23rd
St., Billings, MT; ExxonMobil Petroleum Refinery, 700 Exxon Road,
Billings, MT; and Montana Sulphur & Chemical Company, 627 Exxon Road,
Billings, MT.
(b) Scope. The facilities listed in paragraph (a) of this section
are also subject to the Billings/Laurel SO2 SIP, as approved
at 40 CFR 52.1370(c)(46) and (52). In cases where the provisions of this
FIP address emissions activities differently or establish a different
requirement than the provisions of the approved SIP, the provisions of
this FIP take precedence.
(c) Definitions. For the purpose of this section, we are defining
certain words or initials as described in this paragraph. Terms not
defined below that are defined in the Clean Air Act or regulations
implementing the Clean Air Act, shall have the meaning set forth in the
Clean Air Act or such regulations.
(1) Aliquot means a fractional part of a sample that is an exact
divisor of the whole sample.
(2) Annual Emissions means the amount of SO2 emitted in a
calendar year, expressed in pounds per year rounded to the nearest
pound, where:
Annual emissions = [Sigma] Daily emissions within the calendar year.
(3) Calendar Day means a 24-hour period starting at 12 midnight and
ending at 12 midnight, 24 hours later.
(4) Clock Hour means a twenty-fourth (\1/24\) of a calendar day;
specifically any of the standard 60-minute periods in a day that are
identified and separated on a clock by the whole numbers one (1) through
12.
(5) Continuous Emission Monitoring System or CEMS means all
continuous concentration and volumetric flow rate monitors, associated
data acquisition equipment, and all other equipment necessary to meet
the requirements of this section for continuous monitoring.
(6) Daily Emissions means the amount of SO2 emitted in a
calendar day, expressed in pounds per day rounded to the nearest tenth
(\1/10\) of a pound, where:
Daily emissions = [Sigma] 3-hour emissions within a calendar day.
(7) EPA means the United States Environmental Protection Agency.
(8) Exhibit means for a given facility named in paragraph (a) of
this section, exhibit A to the stipulation of the Montana Department of
Environmental Quality and that facility, adopted by the Montana Board of
Environmental Review on either June 12, 1998, or March 17, 2000.
(9) 1998 Exhibit means for a given facility named in paragraph (a)
of this section, the exhibit adopted by the Montana Board of
Environmental Review on June 12, 1998.
(10) 2000 Exhibit means for a given facility named in paragraph (a)
of this section, the exhibit adopted by the Montana Board of
Environmental Review on March 17, 2000.
(11) Flare means a combustion device that uses an open flame to burn
combustible gases with combustion air provided by uncontrolled ambient
air around the flame. This term includes both ground and elevated
flares.
(12) The initials Hg mean mercury.
(13) Hourly means or refers to each clock hour in a calendar day.
(14) Hourly Average means an arithmetic average of all valid and
complete 15-minute data blocks in a clock hour. Four (4) valid and
complete 15-minute data blocks are required to determine an hourly
average for each CEMS per clock hour.
Exclusive of the above definition, an hourly CEMS average may be
determined with two (2) valid and complete 15-minute data blocks, for
two (2) of the 24 hours in any calendar day. A complete 15-minute data
block for each CEMS shall have a minimum of one (1) data point value;
however, each CEMS shall be operated such that all valid data points
acquired in any 15-minute block shall be used to determine the 15-minute
block's reported concentration and flow rate.
(15) Hourly Emissions means the pounds per clock hour of
SO2 emissions from a source (including, but not limited to, a
flare, stack, fuel oil system, sour water system, or fuel gas system)
determined using hourly averages and rounded to the nearest tenth (\1/
10\) of a pound.
(16) The initials H2S mean hydrogen sulfide.
[[Page 358]]
(17) Integrated sampling means an automated method of obtaining a
sample from the gas stream to the flare that produces a composite sample
of individual aliquots taken over time.
(18) The initials MBER mean the Montana Board of Environmental
Review.
(19) The initials MDEQ mean the Montana Department of Environmental
Quality.
(20) The initials mm mean millimeters.
(21) The initials MSCC mean the Montana Sulphur & Chemical Company.
(22) Pilot gas means the gas used to maintain the presence of a
flame for ignition of gases routed to a flare.
(23) Purge gas means a continuous gas stream introduced into a flare
header, flare stack, and/or flare tip for the purpose of maintaining a
positive flow that prevents the formation of an explosive mixture due to
ambient air ingress.
(24) The initials ppm mean parts per million.
(25) The initials SCFH mean standard cubic feet per hour.
(26) The initials SCFM mean standard cubic feet per minute.
(27) Standard Conditions means (a) 20 [deg]C (293.2 [deg]K, 527.7
[deg]R, or 68.0 [deg]F) and one (1) atmosphere pressure (29.92 inches Hg
or 760 mm Hg) for stack and flare gas emission calculations, and (b)
15.6 [deg]C (288.7 [deg]K, 520.0 [deg]R, or 60.3 [deg]F) and one (1)
atmosphere pressure (29.92 inches Hg or 760 mm Hg) for refinery fuel gas
emission calculations.
(28) The initials SO2 mean sulfur dioxide.
(29) The initials SWS mean sour water stripper.
(30) The term 3-hour emissions means the amount of SO2
emitted in each of the eight (8) non-overlapping 3-hour periods in a
calendar day, expressed in pounds and rounded to the nearest tenth (\1/
10\) of a pound, where:
3 hour emissions = [sum] Hourly emissions within the 3-hour period.
(31) The term 3-hour period means any of the eight (8) non-
overlapping 3-hour periods in a calendar day: Midnight to 3 a.m., 3 a.m.
to 6 a.m., 6 a.m. to 9 a.m., 9 a.m. to noon, noon to 3 p.m., 3 p.m. to 6
p.m., 6 p.m. to 9 p.m., 9 p.m. to midnight.
(32) Turnaround means a planned activity involving shutdown and
startup of one or several process units for the purpose of performing
periodic maintenance, repair, replacement of equipment, or installation
of new equipment.
(33) Valid means data that are obtained from a monitor or meter
serving as a component of a CEMS which meets the applicable
specifications, operating requirements, and quality assurance and
control requirements of section 6 of ConocoPhillips', CHS Inc.'s,
ExxonMobil's, and MSCC's 1998 exhibits, respectively, and this section.
(d) CHS Inc. emission limits and compliance determining methods--(1)
Introduction. The provisions for CHS Inc. cover the following units:
(i) The flare.
(ii) Combustion sources, which consist of those sources identified
in the combustion sources emission limit in section 3(A)(1)(d) of CHS
Inc.'s 1998 exhibit.
(2) Flare requirements--(i) Emission limit. The total emissions of
SO2 from the flare shall not exceed 150.0 pounds per 3-hour
period.
(ii) Compliance determining method. Compliance with the emission
limit in paragraph (d)(2)(i) of this section shall be determined in
accordance with paragraph (h) of this section.
(3) Combustion sources--(i) Restrictions. Sour water stripper
overheads (ammonia (NH3) and H2S gases removed
from the sour water in the sour water stripper) shall not be burned in
the main crude heater. At all times, CHS Inc. shall keep a chain and
lock on the valve that supplies sour water stripper overheads from the
old sour water stripper to the main crude heater and shall keep such
valve closed.
(ii) Compliance determining method. CHS Inc. shall log and report
any noncompliance with the requirements of paragraph (d)(3)(i) of this
section.
(4) Data reporting requirements. (i) CHS Inc. shall submit quarterly
reports beginning with the first calendar quarter following May 21,
2008. The quarterly reports shall be submitted within 30 days of the end
of each calendar quarter. The quarterly reports
[[Page 359]]
shall be submitted to EPA at the following address: Air Program Contact,
EPA Montana Operations Office, Federal Building, 10 West 15th Street,
Suite 3200, Helena, MT 59626.
The quarterly report shall be certified for accuracy in writing by a
responsible CHS Inc. official. The quarterly report shall consist of
both a comprehensive electronic-magnetic report and a written hard copy
data summary report.
(ii) The electronic report shall be on magnetic or optical media,
and such submittal shall follow the reporting format of electronic data
being submitted to the MDEQ. EPA may modify the reporting format
delineated in this section, and, thereafter, CHS Inc. shall follow the
revised format. In addition to submitting the electronic quarterly
reports to EPA, CHS Inc. shall also record, organize, and archive for at
least five (5) years the same data, and upon request by EPA, CHS Inc.
shall provide EPA with any data archived in accordance with this
provision. The electronic report shall contain the following:
(A) Hourly average total sulfur concentrations as H2S or
SO2 in ppm in the gas stream to the flare;
(B) Hourly average H2S concentrations of the flare pilot
and purge gases in ppm;
(C) Hourly average volumetric flow rates in SCFH of the gas stream
to the flare;
(D) Hourly average volumetric flow rates in SCFH of the flare pilot
and purge gases;
(E) Hourly average temperature (in [deg]F) and pressure (in mm or
inches of Hg) of the gas stream to the flare;
(F) Hourly emissions from the flare in pounds per clock hour; and
(G) Daily calibration data for all flare, pilot gas, and purge gas
CEMS.
(iii) The quarterly written report shall contain the following
information:
(A) The 3-hour emissions in pounds per 3-hour period from each
flare;
(B) Periods in which only natural gas or an inert gas was used as
flare pilot gas or purge gas or both;
(C) The results of all quarterly Cylinder Gas Audits (CGA), Relative
Accuracy Audits (RAA), and annual Relative Accuracy Test Audits (RATA)
for all total sulfur analyzer(s) and H2S analyzer(s), and the
results of all annual calibrations and verifications for the volumetric
flow, temperature, and pressure monitors;
(D) For all periods of flare volumetric flow rate monitoring system
or total sulfur analyzer system downtime, flare pilot gas or purge gas
volumetric flow or H2S analyzer system downtime, or failure
to obtain or analyze a grab or integrated sample, the written report
shall identify:
(1) Dates and times of downtime or failure;
(2) Reasons for downtime or failure;
(3) Corrective actions taken to mitigate downtime or failure; and
(4) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(E) For all periods that the range of the flare or any pilot or
purge gas volumetric flow rate monitor(s), any flare total sulfur
analyzer(s), or any pilot or purge gas H2S analyzer(s) is
exceeded, the written report shall identify:
(1) Date and time when the range of the volumetric flow monitor(s),
total sulfur analyzer(s), or H2S analyzer(s) was exceeded;
and
(2) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(F) For all periods that the flare volumetric flow monitor or
monitors are recording flow, yet any Flare Water Seal Monitoring Device
indicates there is no flow, the written report shall identify:
(1) Date, time, and duration when the flare volumetric flow
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device
indicated there was no flow;
(G) For each 3-hour period in which the flare emission limit is
exceeded, the written report shall identify:
(1) The date, start time, and end time of the excess emissions;
(2) Total hours of operation with excess emissions, the hourly
emissions, and the 3-hour emissions;
(3) All information regarding reasons for operating with excess
emissions; and
[[Page 360]]
(4) Corrective actions taken to mitigate excess emissions;
(H) The date and time of any noncompliance with the requirements of
paragraph (d)(3)(i) of this section; and
(I) When no excess emissions have occurred or the continuous
monitoring system(s) or manual system(s) have not been inoperative,
repaired, or adjusted, such information shall be stated in the report.
(e) ConocoPhillips emission limits and compliance determining
methods--(1) Introduction. The provisions for ConocoPhillips cover the
following units:
(i) The main flare, which consists of two flares--the north flare
and the south flare--that are operated on alternating schedules. These
flares are referred to herein as the north main flare and south main
flare, or generically as the main flare.
(ii) The Jupiter Sulfur SRU flare, which is the flare at Jupiter
Sulfur, ConocoPhillips' sulfur recovery unit.
(2) Flare requirements--(i) Emission limits. (A) Combined emissions
of SO2 from the main flare (which can be emitted from either
the north or south main flare, but not both at the same time) shall not
exceed 150.0 pounds per 3-hour period.
(B) Emissions of SO2 from the Jupiter Sulfur SRU flare
and the Jupiter Sulfur SRU/ATS stack (also referred to as the Jupiter
Sulfur SRU stack) shall not exceed 75.0 pounds per 3-hour period, 600.0
pounds per calendar day, and 219,000 pounds per calendar year.
(ii) Compliance determining method. (A) Compliance with the emission
limit in paragraph (e)(2)(i)(A) of this section shall be determined in
accordance with paragraph (h) of this section. In the event that a
single monitoring location cannot be used for both the north and south
main flare, ConocoPhillips shall monitor the flow and measure the total
sulfur concentration at more than one location in order to determine
compliance with the main flare emission limit. ConocoPhillips shall log
and report any instances when emissions are vented from the north main
flare and south main flare simultaneously.
(B) Compliance with the emission limits and requirements in
paragraph (e)(2)(i)(B) of this section shall be determined by summing
the emissions from the Jupiter Sulfur SRU flare and SRU/ATS stack.
Emissions from the Jupiter Sulfur SRU flare shall be determined in
accordance with paragraph (h) of this section and the emissions from the
Jupiter Sulfur SRU/ATS stack shall be determined pursuant to
ConocoPhillips' 1998 exhibit (see section 4(A) of the exhibit).
(3) Data reporting requirements. (i) ConocoPhillips shall submit
quarterly reports on a calendar year basis, beginning with the first
calendar quarter following May 21, 2008. The quarterly reports shall be
submitted within 30 days of the end of each calendar quarter. The
quarterly reports shall be submitted to EPA at the following address:
Air Program Contact, EPA Montana Operations Office, Federal Building, 10
West 15th Street, Suite 3200, Helena, MT 59626.
The quarterly report shall be certified for accuracy in writing by a
responsible ConocoPhillips official. The quarterly report shall consist
of both a comprehensive electronic-magnetic report and a written hard
copy data summary report.
(ii) The electronic report shall be on magnetic or optical media,
and such submittal shall follow the reporting format of electronic data
being submitted to the MDEQ. EPA may modify the reporting format
delineated in this section, and, thereafter, ConocoPhillips shall follow
the revised format. In addition to submitting the electronic quarterly
reports to EPA, ConocoPhillips shall also record, organize, and archive
for at least five (5) years the same data, and upon request by EPA,
ConocoPhillips shall provide EPA with any data archived in accordance
with this provision. The electronic report shall contain the following:
(A) Hourly average total sulfur concentrations as H2S or
SO2 in ppm in the gas stream to the ConocoPhillips main flare
and Jupiter Sulfur SRU flare;
(B) Hourly average H2S concentrations of the
ConocoPhillips main flare and Jupiter Sulfur SRU flare pilot and purge
gases in ppm;
(C) Hourly average volumetric flow rates in SCFH of the gas streams
to the
[[Page 361]]
ConocoPhillips main flare and Jupiter Sulfur SRU flare;
(D) Hourly average volumetric flow rates in SCFH of the
ConocoPhillips main flare and Jupiter Sulfur SRU flare pilot and purge
gases;
(E) Hourly average temperature (in [deg]F) and pressure (in mm or
inches of Hg) of the gas streams to the ConocoPhillips main flare and
Jupiter Sulfur SRU flare;
(F) Hourly emissions in pounds per clock hour from the
ConocoPhillips main flare and Jupiter Sulfur SRU flare; and
(G) Daily calibration data for all flare, pilot gas, and purge gas
CEMS.
(iii) The quarterly written report shall contain the following
information:
(A) The 3-hour emissions in pounds per 3-hour period from the
ConocoPhillips main flare and the sum of the combined 3-hour emissions
from the Jupiter Sulfur SRU/ATS stack and Jupiter Sulfur SRU flare in
pounds per 3-hour period;
(B) Periods in which only natural gas or an inert gas was used as
flare pilot gas or purge gas or both;
(C) The results of all quarterly Cylinder Gas Audits (CGA), Relative
Accuracy Audits (RAA), and annual Relative Accuracy Test Audits (RATA)
for all total sulfur analyzer(s) and H2S analyzer(s), and the
results of all annual calibrations and verifications for the volumetric
flow, temperature, and pressure monitors;
(D) For all periods of flare volumetric flow rate monitoring system
or total sulfur analyzer system downtime, flare pilot gas or purge gas
volumetric flow or H2S analyzer system downtime, or failure
to obtain or analyze a grab or integrated sample, the written report
shall identify:
(1) Dates and times of downtime or failure;
(2) Reasons for downtime or failure;
(3) Corrective actions taken to mitigate downtime or failure; and
(4) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(E) For all periods that the range of the flare or any pilot or
purge gas volumetric flow rate monitor(s), any flare total sulfur
analyzer(s), or any pilot or purge gas H2S analyzer(s) is
exceeded, the written report shall identify:
(1) Date and time when the range of the volumetric flow monitor(s),
total sulfur analyzer(s), or H2S analyzer(s) was exceeded,
and
(2) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(F) For all periods that the flare volumetric flow monitor or
monitors are recording flow, yet any Flare Water Seal Monitoring Device
indicates there is no flow, the written report shall identify:
(1) Date, time, and duration when the flare volumetric flow
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device
indicated there was no flow;
(G) Identification of dates, times, and duration of any instances
when emissions were vented from the north and south main flares
simultaneously;
(H) For each 3-hour period in which a flare emission limit is
exceeded, the written report shall identify:
(1) The date, start time, and end time of the excess emissions;
(2) Total hours of operation with excess emissions, the hourly
emissions, and the 3-hour emissions;
(3) All information regarding reasons for operating with excess
emissions; and
(4) Corrective actions taken to mitigate excess emissions; and
(I) When no excess emissions have occurred or the continuous
monitoring system(s) or manual system(s) have not been inoperative,
repaired, or adjusted, such information shall be stated in the report.
(f) ExxonMobil emission limits and compliance determining methods--
(1) Introduction. The provisions for ExxonMobil cover the following
units:
(i) The Primary process flare and the Turnaround flare. The Primary
process flare is the flare normally used by ExxonMobil. The Turnaround
flare is the flare ExxonMobil uses for about 30 to 40 days every 5 to 6
years when the facility's major SO2 source, the fluid
catalytic cracking unit, is not normally operating.
[[Page 362]]
(ii) The following refinery fuel gas combustion units: The FCC CO
Boiler, F-2 crude/vacuum heater, F-3 unit, F-3X unit, F-5 unit, F-700
unit, F-201 unit, F-202 unit, F-402 unit, F-551 unit, F-651 unit,
standby boiler house (B-8 boiler), and Coker CO Boiler (only when the
Yellowstone Energy Limited Partnership (YELP) facility is receiving
ExxonMobil Coker unit flue gas or whenever the ExxonMobil Coker is not
operating).
(iii) Coker CO Boiler stack.
(2) Flare requirements--(i) Emission limit. The total combined
emissions of SO2 from the Primary process and Turnaround
refinery flares shall not exceed 150.0 pounds per 3-hour period.
(ii) Compliance determining method. Compliance with the emission
limit in paragraph (f)(2)(i) of this section shall be determined in
accordance with paragraph (h) of this section. If volumetric flow
monitoring device(s) installed and concentration monitoring methods used
to measure the gas stream to the Primary Process flare cannot measure
the gas stream to the Turnaround flare, ExxonMobil may apply to EPA for
alternative measures to determine the volumetric flow rate and total
sulfur concentration of the gas stream to the Turnaround flare. Before
EPA will approve such alternative measures, ExxonMobil must agree that
the Turnaround flare will be used only during refinery turnarounds of
limited duration and frequency--no more than 60 days once every five (5)
years--which restriction shall be considered an enforceable part of this
FIP. Such alternative measures may consist of reliable flow estimation
parameters to estimate volumetric flow rate and manual sampling of the
gas stream to the flare to determine total sulfur concentrations, or
such other measures that EPA finds will provide accurate estimations of
SO2 emissions from the Turnaround flare.
(3) Refinery fuel gas combustion requirements--(i) Emission limits.
The applicable emission limits are contained in section 3(A)(1) of
ExxonMobil's 2000 exhibit and section 3(B)(2) of ExxonMobil's 1998
exhibit.
(ii) Compliance determining method. For the limits referenced in
paragraph (f)(3)(i) of this section, the compliance determining methods
specified in section 4(B) of ExxonMobil's 1998 exhibit shall be followed
except when the H2S concentration in the refinery fuel gas
stream exceeds 1200 ppmv as measured by the H2S CEMS required
by section 6(B)(3) of ExxonMobil's 1998 exhibit (the H2S
CEMS.) When such value is exceeded, the following compliance monitoring
method shall be employed:
(A) ExxonMobil shall measure the H2S concentration in the
refinery fuel gas according to the procedures in paragraph (f)(3)(ii)(B)
of this section and calculate the emissions according to the equations
in paragraph (f)(3)(ii)(C) of this section.
(B) Within four (4) hours after the H2S CEMS measures an
H2S concentration in the refinery fuel gas stream greater
than 1200 ppmv, ExxonMobil shall initiate sampling of the refinery fuel
gas stream at the fuel header on a once-per-hour frequency using length-
of-stain detector tubes pursuant to ASTM Method D4810-06, ``Standard
Test Method for Hydrogen Sulfide in Natural Gas Using Length-of-Stain
Detector Tubes'' (incorporated by reference, see paragraph (j) of this
section) with the appropriate sample tube range. If the results exceed
the tube's range, another tube of a higher range must be used until
results are in the tube's range. ExxonMobil shall continue to use the
length-of-stain detector tube method at this frequency until the
H2S CEMS measures an H2S concentration in the
refinery fuel gas stream equal to or less than 1200 ppmv continuously
over a 3-hour period.
(C) When the length-of-stain detector tube method is required,
SO2 emissions from refinery fuel gas combustion shall be
calculated as follows: the Hourly emissions shall be calculated using
equation 1, 3-hour emissions shall be calculated using equation 2, and
the Daily emissions shall be calculated using equation 3.
Equation 1: EH = K * CH * QH
Where:
EH = Refinery fuel gas combustion hourly emissions in pounds
per hour, rounded to the nearest tenth of a pound;
K= 1.688 x 10-7 in (pounds/standard cubic feet (SCF))/parts
per million (ppm);
CH = Hourly refinery fuel gas H2S concentration in
ppm determined by the length-of-
[[Page 363]]
stain detector tube method as required by paragraph
(f)(3)(ii)(B) of this section; and
QH = actual fuel gas firing rate in standard cubic feet per
hour (SCFH), as measured by the monitor required by section
6(B)(8) of ExxonMobil's 1998 exhibit.
Equation 2: (Refinery fuel gas combustion 3-hour emissions) = [sum]
(Hourly emissions within the 3-hour period as determined by equation 1).
Equation 3: (Refinery fuel gas combustion daily emissions) = [sum] (3-
hour emissions within the day as determined by equation 2).
(4) Coker CO Boiler stack requirements--(i) Emission limits. When
ExxonMobil's Coker unit is operating and Coker unit flue gases are
burned in the Coker CO Boiler, the applicable emission limits are
contained in section 3(B)(1) of ExxonMobil's 2000 exhibit.
(ii) Compliance determining method. (A) Compliance with the emission
limits referenced in paragraph (f)(4)(i) of this section shall be
determined by measuring the SO2 concentration and flow rate
in the Coker CO Boiler stack according to the procedures in paragraphs
(f)(4)(ii)(B) and (C) of this section and calculating emissions
according to the equations in paragraph (f)(4)(ii)(D) of this section.
(B) Beginning on May 21, 2008, ExxonMobil shall operate and maintain
a CEMS to measure sulfur dioxide concentrations in the Coker CO Boiler
stack. Whenever ExxonMobil's Coker unit is operating and Coker unit flue
gases are exhausted through the Coker CO Boiler stack, the CEMS shall be
operational and shall achieve a temporal sampling resolution of at least
one (1) concentration measurement per minute, meet the requirements
expressed in the definition of ``hourly average'' in paragraph (c)(14)
of this section, and meet the CEMS Performance Specifications contained
in section 6(C) of ExxonMobil's 1998 exhibit, except that ExxonMobil
shall perform a Cylinder Gas Audit (CGA) or Relative Accuracy Audit
(RAA) which meets the requirements of 40 CFR part 60, Appendix F, within
eight (8) hours of when the Coker unit flue gases begin exhausting
through the Coker CO Boiler stack. ExxonMobil shall perform an annual
Relative Accuracy Test Audit (RATA) on the CEMS and notify EPA in
writing of each annual RATA a minimum of 25 working days prior to actual
testing.
(C) Beginning on May 21, 2008, ExxonMobil shall operate and maintain
a continuous stack flow rate monitor to measure the stack gas flow rates
in the Coker CO Boiler stack. Whenever ExxonMobil's Coker unit is
operating and Coker unit flue gases are exhausted through the Coker CO
Boiler stack, this CEMS shall be operational and shall achieve a
temporal sampling resolution of at least one (1) flow rate measurement
per minute, meet the requirements expressed in the definition of
``hourly average'' in paragraph (c)(14) of this section, and meet the
Stack Gas Flow Rate Monitor Performance Specifications of section 6(D)
of ExxonMobil's 1998 exhibit, except that ExxonMobil shall perform an
annual Relative Accuracy Test Audit (RATA) on the CEMS and notify EPA in
writing of each annual RATA a minimum of 25 working days prior to actual
testing.
(D) SO2 emissions from the Coker CO Boiler stack shall be
determined in accordance with the equations in sections 2(A)(1), (8),
(11)(a), and (16) of ExxonMobil's 1998 exhibit.
(5) Data reporting requirements. (i) ExxonMobil shall submit
quarterly reports beginning with the first calendar quarter following
May 21, 2008. The quarterly reports shall be submitted within 30 days of
the end of each calendar quarter. The quarterly reports shall be
submitted to EPA at the following address: Air Program Contact, EPA
Montana Operations Office, Federal Building, 10 West 15th Street, Suite
3200, Helena, MT 59626.
The quarterly report shall be certified for accuracy in writing by a
responsible ExxonMobil official. The quarterly report shall consist of
both a comprehensive electronic-magnetic report and a written hard copy
data summary report.
(ii) The electronic report shall be on magnetic or optical media,
and such submittal shall follow the reporting format of electronic data
being submitted to the MDEQ. EPA may modify the reporting format
delineated in this
[[Page 364]]
section, and, thereafter, ExxonMobil shall follow the revised format. In
addition to submitting the electronic quarterly reports to EPA,
ExxonMobil shall also record, organize, and archive for at least five
(5) years the same data, and upon request by EPA, ExxonMobil shall
provide EPA with any data archived in accordance with this provision.
The electronic report shall contain the following:
(A) Hourly average total sulfur concentrations as H2S or
SO2 in ppm in the gas stream to the flare(s);
(B) Hourly average H2S concentrations of the flare pilot
and purge gases in ppm;
(C) Hourly average SO2 concentrations in ppm from the
Coker CO Boiler stack;
(D) Hourly average volumetric flow rates in SCFH of the flare pilot
and purge gases;
(E) Hourly average volumetric flow rates in SCFH in the gas stream
to the flare(s) and in the Coker CO Boiler stack;
(F) Hourly average H2S concentrations in ppm from the
refinery fuel gas system;
(G) Hourly average refinery fuel gas combustion units' actual fuel
firing rate in SCFH;
(H) Hourly average temperature (in [deg]F) and pressure (in mm or
inches of Hg) of the gas stream to the flare(s);
(I) Hourly emissions in pounds per clock hour from the flare(s),
Coker CO Boiler stack, and refinery fuel gas combustion system; and
(J) Daily calibration data for the CEMS described in paragraphs
(f)(2)(ii), (f)(3)(ii) and (f)(4)(ii) of this section.
(iii) The quarterly written report shall contain the following
information:
(A) The 3-hour emissions in pounds per 3-hour period from the
flare(s), Coker CO Boiler stack, and refinery fuel gas combustion
system;
(B) Periods in which only natural gas or an inert gas was used as
flare pilot gas or purge gas or both;
(C) Daily emissions in pounds per calendar day from the Coker CO
Boiler stack and refinery fuel gas combustion system;
(D) The results of all quarterly or other Cylinder Gas Audits (CGA),
Relative Accuracy Audits (RAA), and annual Relative Accuracy Test Audits
(RATA) for the CEMS described in paragraphs (f)(2)(ii) (flare total
sulfur analyzer(s); pilot gas or purge gas H2S analyzer(s)),
(f)(3)(ii), and (f)(4)(ii) of this section, and the results of all
annual calibrations and verifications for the volumetric flow,
temperature, and pressure monitors;
(E) For all periods of flare volumetric flow rate monitoring system
or total sulfur analyzer system downtime, Coker CO Boiler stack CEMS
downtime, refinery fuel gas combustion system CEMS downtime, flare pilot
gas or purge gas volumetric flow or H2S analyzer system
downtime, or failure to obtain or analyze a grab or integrated sample,
the written report shall identify:
(1) Dates and times of downtime or failure;
(2) Reasons for downtime or failure;
(3) Corrective actions taken to mitigate downtime or failure; and
(4) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(F) For all periods that the range of the flare or any pilot or
purge gas volumetric flow rate monitor(s), any flare total sulfur
analyzer(s), or any pilot or purge gas H2S analyzer(s) is
exceeded, the written report shall identify:
(1) Date and time when the range of the volumetric flow monitor(s),
total sulfur analyzer(s), or H2S analyzer(s) was exceeded,
and
(2) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(G) For all periods that the range of the refinery fuel gas CEMS is
exceeded, the written report shall identify:
(1) Date, time, and duration when the range of the refinery fuel gas
CEMS was exceeded;
(H) For all periods that the flare volumetric flow monitor or
monitors are recording flow, yet any Flare Water Seal Monitoring Device
indicates there is no flow, the written report shall identify:
(1) Date, time, and duration when the flare volumetric flow
monitor(s) recorded flow, yet any Flare Water Seal
[[Page 365]]
Monitoring Device indicated there was no flow;
(I) For each 3-hour period and calendar day in which the flare
emission limits, the Coker CO Boiler stack emission limits, or the fuel
gas combustion system emission limits are exceeded, the written report
shall identify:
(1) The date, start time, and end time of the excess emissions;
(2) Total hours of operation with excess emissions, the hourly
emissions, the 3-hour emissions, and the daily emissions;
(3) All information regarding reasons for operating with excess
emissions; and
(4) Corrective actions taken to mitigate excess emissions; and
(J) When no excess emissions have occurred or the continuous
monitoring system(s) or manual system(s) have not been inoperative,
repaired, or adjusted, such information shall be stated in the report.
(g) Montana Sulphur & Chemical Company (MSCC) emission limits and
compliance determining methods--(1) Introduction. The provisions for
MSCC cover the following units:
(i) The flares, which consist of the 80-foot west flare, 125-foot
east flare, and 100-meter flare.
(ii) The SRU 100-meter stack.
(iii) The auxiliary vent stacks and the units that can exhaust
through the auxiliary vent stacks, which consist of the Railroad Boiler,
the H-1 Unit, the H1-A unit, the H1-1 unit and the H1-2 unit.
(iv) The SRU 30-meter stack and the units that can exhaust through
the SRU 30-meter stack. The units that can exhaust through the SRU 30-
meter stack are identified in section 3(A)(2)(d) and (e) of MSCC's 1998
exhibit.
(2) Flare requirements--(i) Emission limit. Total combined emissions
of SO2 from the 80-foot west flare, 125-foot east flare, and
100-meter flare shall not exceed 150.0 pounds per 3-hour period.
(ii) Compliance determining method. Compliance with the emission
limit in paragraph (g)(2)(i) of this section shall be determined in
accordance with paragraph (h) of this section. In the event MSCC cannot
monitor all three flares from a single location, MSCC shall establish
multiple monitoring locations.
(3) SRU 100-meter stack requirements--(i) Emission limits. Emissions
of SO2 from the SRU 100-meter stack shall not exceed:
(A) 2,981.7 pounds per 3-hour period;
(B) 23,853.6 pounds per calendar day; and
(C) 9,088,000 pounds per calendar year.
(ii) Compliance determining method. (A) Compliance with the emission
limits contained in paragraph (g)(3)(i) of this section shall be
determined by the CEMS and emission testing methods required by sections
6(B)(1) and (2) and section 5, respectively, of MSCC's 1998 exhibit.
(B) MSCC shall notify EPA in writing of each annual source test a
minimum of 25 working days prior to actual testing.
(C) The CEMS referenced in paragraph (g)(3)(ii)(A) of this section
shall achieve a temporal sampling resolution of at least one (1)
concentration and flow rate measurement per minute, meet the
requirements expressed in the definition of ``hourly average'' in
paragraph (c)(14) of this section, and meet the ``CEM Performance
Specifications'' in sections 6(C) and (D) of MSCC's 1998 exhibit, except
that MSCC shall also notify EPA in writing of each annual Relative
Accuracy Test Audit at least 25 working days prior to actual testing.
(4) Auxiliary vent stacks--(i) Emission limits. (A) Total combined
emissions of SO2 from the auxiliary vent stacks shall not
exceed 12.0 pounds per 3-hour period;
(B) Total combined emissions of SO2 from the auxiliary
vent stacks shall not exceed 96.0 pounds per calendar day;
(C) Total combined emissions of SO2 from the auxiliary
vent stacks shall not exceed 35,040 pounds per calendar year; and
(D) The H2S concentration in the fuel burned in the
Railroad Boiler, the H-1 Unit, the H1-A unit, the H1-1 unit, and the H1-
2 unit, while any of these units is exhausting to the auxiliary vent
stacks, shall not exceed 160 ppm per 3-hour period and 100 ppm per
calendar day.
(ii) Compliance determining method. (A) Compliance with the emission
limits in
[[Page 366]]
paragraph (g)(4)(i) of this section shall be determined by measuring the
H2S concentration of the fuel burned in the Railroad Boiler,
the H-1 Unit, the H1-A unit, the H1-1 unit, and the H1-2 unit (when fuel
other than natural gas is burned in one or more of these units)
according to the procedures in paragraph (g)(4)(ii)(C) of this section.
(B) Beginning June 20, 2008, MSCC shall maintain logs of:
(1) The dates and time periods that emissions are exhausted through
the auxiliary vent stacks,
(2) The heaters and boilers that are exhausting to the auxiliary
vent stacks during such time periods, and
(3) The type of fuel burned in the heaters and boilers during such
time periods.
(C) Beginning June 20, 2008, MSCC shall measure the H2S
content of the fuel burned when fuel other than natural gas is burned in
a heater or boiler that is exhausting to an auxiliary vent stack. MSCC
shall begin measuring the H2S content of the fuel at the fuel
header within one (1) hour from when a heater or boiler begins
exhausting to an auxiliary vent stack and on a once-per-3-hour period
frequency until no heater or boiler is exhausting to an auxiliary vent
stack. To determine the H2S content of the fuel burned, MSCC
shall use length-of-stain detector tubes pursuant to ASTM Method D4810-
06, ``Standard Test Method for Hydrogen Sulfide in Natural Gas Using
Length-of-Stain Detector Tubes'' (incorporated by reference, see
paragraph (j) of this section) with the appropriate sample tube range.
If the results exceed the tube's range, another tube of a higher range
must be used until results are in the tube's range.
(5) SRU 30-meter stack--(i) Emission limits. (A) Emissions of
SO2 from the SRU 30-meter stack shall not exceed 12.0 pounds
per 3-hour period;
(B) Emissions of SO2 from the SRU 30-meter stack shall
not exceed 96.0 pounds per calendar day;
(C) Emissions of SO2 from the SRU 30-meter stack shall
not exceed 35,040 pounds per calendar year; and
(D) The H2S concentration in the fuel burned in the
heaters and boilers described in paragraph (g)(1)(iv) of this section,
while any of these units is exhausting to the SRU 30-meter stack, shall
not exceed 160 ppm per 3-hour period and 100 ppm per calendar day.
(ii) Compliance determining method. (A) Compliance with the emission
limits in paragraph (g)(5)(i) of this section shall be determined by
measuring the H2S concentration of the fuel burned in the
heaters and boilers described in paragraph (g)(1)(iv) of this section
(when fuel other than natural gas is burned in one or more of these
heaters or boilers) according to the procedures in paragraph
(g)(5)(ii)(C) of this section.
(B) Beginning June 20, 2008, MSCC shall maintain logs of:
(1) The dates and time periods that emissions are exhausted through
the SRU 30-meter stack,
(2) The heaters and boilers that are exhausting to the SRU 30-meter
stack during such time periods, and
(3) The type of fuel burned in the heaters and boilers during such
time periods.
(C) Beginning June 20, 2008, MSCC shall measure the H2S
content of the fuel burned when fuel other than natural gas is burned in
a heater or boiler that is exhausting to the SRU 30-meter stack. MSCC
shall begin measuring the H2S content of the fuel at the fuel
header within one (1) hour from when any heater or boiler begins
exhausting to the SRU 30-meter stack and on a once-per-3-hour period
frequency until no heater or boiler is exhausting to the SRU 30-meter
stack. To determine the H2S content of the fuel burned, MSCC
shall use length-of-stain detector tubes pursuant to ASTM Method D4810-
06, ``Standard Test Method for Hydrogen Sulfide in Natural Gas Using
Length-of-Stain Detector Tubes'' (incorporated by reference, see
paragraph (j) of this section) with the appropriate sample tube range.
If the results exceed the tube's range, another tube of a higher range
must be used until results are in the tube's range.
(6) Data reporting requirements:
(i) MSCC shall submit quarterly reports beginning with the first
calendar quarter following May 21, 2008. The quarterly reports shall be
submitted within 30 days of the end of each calendar quarter. The
quarterly reports shall be submitted to EPA at the following address:
Air Program Contact,
[[Page 367]]
EPA Montana Operations Office, Federal Building, 10 West 15th Street,
Suite 3200, Helena, MT 59626.
The quarterly report shall be certified for accuracy in writing by a
responsible MSCC official. The quarterly report shall consist of both a
comprehensive electronic-magnetic report and a written hard copy data
summary report.
(ii) The electronic report shall be on magnetic or optical media,
and such submittal shall follow the reporting format of electronic data
being submitted to the MDEQ. EPA may modify the reporting format
delineated in this section, and, thereafter, MSCC shall follow the
revised format. In addition to submitting the electronic quarterly
reports to EPA, MSCC shall also record, organize, and archive for at
least five (5) years the same data, and upon request by EPA, MSCC shall
provide EPA with any data archived in accordance with this provision.
The electronic report shall contain the following:
(A) Hourly average total sulfur concentrations as H2S or
SO2 in ppm, in the gas stream to the flare(s);
(B) Hourly average H2S concentrations of the flare pilot
and purge gases in ppm;
(C) Hourly average SO2 concentrations in ppm from the SRU
100-meter stack;
(D) Hourly average volumetric flow rates in SCFH in the gas stream
to the flare(s) and in the SRU 100-meter stack;
(E) Hourly average volumetric flow rates in SCFH of the flare pilot
and purge gases;
(F) Hourly average temperature (in (F) and pressure (in mm or inches
of Hg) in the gas stream to the flare(s);
(G) Hourly emissions in pounds per clock hour from the flare(s) and
SRU 100-meter stack;
(H) Daily calibration data for all flare CEMS, all pilot gas and
purge gas CEMS, and the SRU 100-meter stack CEMS;
(iii) The quarterly written report shall contain the following
information:
(A) The 3-hour emissions in pounds per 3-hour period from the
flare(s) and SRU 100-meter stack, and 3-hour H2S
concentrations in the fuel burned in the heaters and boilers described
in paragraphs (g)(1)(iii) and (iv) of this section while any of these
units is exhausting to the SRU 30-meter stack or auxiliary vent stacks
and burning fuel other than natural gas;
(B) Periods in which only natural gas or an inert gas was used as
flare pilot gas or purge gas or both;
(C) Daily emissions in pounds per calendar day from the SRU 100-
meter stack;
(D) Annual emissions of SO2 in pounds per calendar year
from the SRU 100-meter stack;
(E) The results of all quarterly Cylinder Gas Audits (CGA), Relative
Accuracy Audits (RAA) and annual Relative Accuracy Test Audits (RATA)
for all total sulfur analyzer(s), all H2S analyzer(s), and
the SRU 100-meter stack CEMS, and the results of all annual calibrations
and verifications for the volumetric flow, temperature, and pressure
monitors;
(F) For all periods of flare volumetric flow rate monitoring system
or total sulfur analyzer system downtime, SRU 100-meter CEMS downtime,
flare pilot gas or purge gas volumetric flow or H2S analyzer
system downtime, failure to obtain or analyze a grab or integrated
sample, or failure to obtain an H2S concentration sample as
required by paragraphs (g)(4)(ii)(C) and (g)(5)(ii)(C) of this section,
the written report shall identify:
(1) Dates and times of downtime or failure;
(2) Reasons for downtime or failure;
(3) Corrective actions taken to mitigate downtime or failure; and
(4) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(G) For all periods that the range of the flare or any pilot or
purge gas volumetric flow rate monitor(s), any flare total sulfur
analyzer(s), or any pilot or purge gas H2S analyzer(s), is
exceeded, the written report shall identify:
(1) Date and time when the range of the volumetric flow monitor(s),
total sulfur analyzer(s), or H2S analyzer(s) was exceeded;
and
[[Page 368]]
(2) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(H) For all periods that the flare volumetric flow monitor or
monitors are recording flow, yet any Flare Water Seal Monitoring Device
indicates there is no flow, the written report shall identify:
(1) Date, time, and duration when the flare volumetric flow
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device
indicated there was no flow;
(I) For each 3-hour period and calendar day in which the flare
emission limit, the SRU 100-meter stack emission limits, the SRU 30-
meter stack emission limits, or auxiliary vent stack emission limits are
exceeded, the written report shall identify:
(1) The date, start time, and end time of the excess emissions;
(2) Total hours of operation with excess emissions, the hourly
emissions, the 3-hour emissions, and the daily emissions;
(3) All information regarding reasons for operating with excess
emissions; and
(4) Corrective actions taken to mitigate excess emissions;
(J) For instances in which emissions are exhausted through the
auxiliary vent stacks or 30-meter stack, the quarterly written report
shall identify:
(1) The dates and time periods that emissions were exhausted through
the auxiliary vent stacks or the 30-meter stack;
(2) The heaters and boilers that were exhausting to the auxiliary
vent stacks or 30-meter stack during such time periods; and
(3) The type of fuel burned in the heaters and boilers during such
time periods; and
(K) When no excess emissions have occurred or the continuous
monitoring system(s) or manual system(s) have not been inoperative,
repaired, or adjusted, such information shall be stated in the report.
(h) Flare compliance determining method. (1) Compliance with the
emission limits in paragraphs (d)(2)(i), (e)(2)(i), (f)(2)(i) and
(g)(2)(i) of this section shall be determined by measuring the total
sulfur concentration and volumetric flow rate of the gas stream to the
flare(s) (corrected to one (1) atmosphere pressure and 68 [deg]F) and
using the methods contained in the flare monitoring plan required by
paragraph (h)(5) of this section. The volumetric flow rate of the gas
stream to the flare(s) shall be determined in accordance with the
requirements in paragraph (h)(2) of this section and the total sulfur
concentration of the gas stream to the flare(s) shall be determined in
accordance with paragraph (h)(3) of this section.
(2) Flare flow monitoring: (i) Within 365 days after receiving EPA
approval of the flare monitoring plan required by paragraph (h)(5) of
this section, each facility named in paragraph (a) of this section shall
install and calibrate, and, thereafter, calibrate, maintain and operate,
a continuous flow monitoring system capable of measuring the volumetric
flow of the gas stream to the flare(s) in accordance with the
specifications contained in paragraphs (h)(2)(iii) through (vi) of this
section. The flow monitoring system shall require more than one flow
monitoring device or flow measurements at more than one location if one
monitor cannot measure the total volumetric flow to each flare.
(ii) Volumetric flow monitors meeting the proposed volumetric flow
monitoring specifications below should be able to measure the majority
of volumetric flow in the gas streams to the flare. However, in rare
events (e.g., upset conditions) the flow to the flare may exceed the
range of the monitor. In such cases, or when the volumetric flow monitor
or monitors are not working, other methods approved by EPA in the flare
monitoring plan required by paragraph (h)(5) of this section shall be
used to determine the volumetric flow rate to the flare, which shall
then be used to calculate SO2 emissions. In quarterly
reports, sources shall indicate when these other methods are used.
(iii) The flare gas stream volumetric flow rate shall be measured on
an actual wet basis, converted to Standard Conditions, and reported in
SCFH. The minimum detectable velocity of the flow monitoring device(s)
shall be 0.1
[[Page 369]]
feet per second (fps). The flow monitoring device(s) shall continuously
measure the range of flow rates corresponding to velocities from 0.5 to
275 fps and have a manufacturer's specified accuracy of 5% of the measured flow over the range of 1.0 to 275 fps
and 20% of the measured flow over the range of 0.1
to 1.0 fps. The volumetric flow monitor(s) shall feature automated daily
calibrations at low and high ranges. The volumetric flow monitor(s)
shall be calibrated annually according to manufacturer's specifications.
(iv) For correcting flow rate to standard conditions (defined as 68
[deg]F and 760 mm, or 29.92 inches, of Hg), temperature and pressure
shall be monitored continuously. Temperature and pressure shall be
monitored in the same location as volumetric flow, and the temperature
and pressure monitors shall be calibrated prior to installation
according to manufacturer's specifications and, thereafter, annually to
meet accuracy specifications as follows: The temperature monitor shall
be calibrated to within 2.0% at absolute
temperature and the pressure monitor shall be calibrated to within
5.0 mmHg;
(v) The flow monitoring device(s) shall be calibrated prior to
installation to demonstrate accuracy of the measured flow to within 5.0%
at flow rates equivalent to 30%, 60%, and 90% of monitor full scale.
(vi) Each volumetric flow device shall achieve a temporal sampling
resolution of at least one (1) flow rate measurement per minute, meet
the requirements expressed in the definition of ``hourly average'' in
paragraph (c)(14) of this section, and be installed in a manner and at a
location that will allow for accurate measurements of the total volume
of the gas stream going to each flare. Each temperature and pressure
monitoring device shall achieve a temporal sampling resolution of at
least one (1) measurement per minute, meet the requirements expressed in
the definition of ``hourly average'' in paragraph (c)(14) of this
section, and be installed in a manner that will allow for accurate
measurements.
(vii) In addition to the continuous flow monitors, facilities may
use flare water seal monitoring devices to determine whether there is
flow going to the flare. If used, owners or operators shall install,
calibrate, operate, and maintain these devices according to
manufacturer's specifications. The devices shall include a continuous
monitoring system that:
(A) Monitors the status of the water seal to indicate when flow is
going to the flare;
(B) Automatically records the time and duration when flow is going
to the flare; and
(C) Verifies that the physical seal has been restored after flow has
been sent to the flare.
If the water seal monitoring devices indicate that there is no flow
going to the flare, yet the continuous flow monitor is indicating flow,
the presumption will be that no flow is going to the flare.
(viii) Each facility named in paragraph (a) of this section, that
does not certify that only natural gas or an inert gas is used for both
the pilot gas and purge gas, shall determine the volumetric flow of each
pilot gas and purge gas stream for which natural gas or inert gas is not
used by one of the following methods:
(A) Measure the volumetric flow of the gas using continuous flow
monitoring devices on an actual wet basis, converted to Standard
Conditions, and reported in SCFH. Each flow monitoring device shall
achieve a temporal sampling resolution of at least one (1) flow rate
measurement per minute, meet the requirements expressed in the
definition of ``hourly average'' in paragraph (c)(14) of this section,
and be installed in a manner and at a location that will allow for
accurate measurements of the total volume of the gas. Gas flow rate
monitor accuracy determinations shall be required at least once every 48
months or more frequently at routine refinery turn-around. In cases when
the flow monitoring device or devices are not working or the range of
the monitoring device(s) is exceeded, other methods approved by EPA in
the flare monitoring plan required by paragraph (h)(5) of this section
shall be used to determine volumetric flow of the gas which shall then
be used to calculate SO2 emissions. In quarterly reports,
sources
[[Page 370]]
shall indicate when other methods are used; or
(B) Use parameters and methods approved by EPA in the flare
monitoring plan required by paragraph (h)(5) of this section to
calculate the volumetric flows of the gas, in SCFH.
(3) Flare concentration monitoring: (i) Within 365 days after
receiving EPA approval of the flare monitoring plan required by
paragraph (h)(5) of this section, each facility named in paragraph (a)
of this section shall determine the total sulfur concentration of the
gas stream to the flare(s) using either continuous total sulfur
analyzers or grab or integrated sampling with lab analysis, as described
in the following paragraphs:
(A) Continuous total sulfur concentration monitoring. If a facility
chooses to use continuous total sulfur concentration monitoring, the
following requirements apply:
(1) The facility shall install and calibrate, and, thereafter,
calibrate, maintain and operate, a continuous total sulfur concentration
monitoring system capable of measuring the total sulfur concentration of
the gas stream to each flare. Continuous monitoring shall occur at a
location or locations that are representative of the gas combusted in
the flare and be capable of measuring the normally expected range of
total sulfur in the gas stream to the flare. The concentration
monitoring system shall require more than one concentration monitoring
device or concentration measurements at more than one location if one
monitor cannot measure the total sulfur concentration to each flare.
Total sulfur concentration shall be reported as H2S or
SO2 in ppm. In cases when the total sulfur analyzer or
analyzers are not working or the concentration of the total sulfur
exceeds the range of the analyzer(s), other methods, approved by EPA in
the flare monitoring plan required by paragraph (h)(5) of this section,
shall be used to determine total sulfur concentrations, which shall then
be used to calculate SO2 emissions. In quarterly reports,
sources shall indicate when these other methods are used.
(2) The total sulfur analyzer(s) shall achieve a temporal sampling
resolution of at least one (1) concentration measurement per 15 minutes,
meet the requirements expressed in the definition of ``hourly average''
in paragraph (c)(14) of this section, be installed, certified (on a
concentration basis), and operated in accordance with 40 CFR part 60,
Appendix B, Performance Specification 5, and be subject to and meet the
quality assurance and quality control requirements (on a concentration
basis) of 40 CFR part 60, Appendix F.
(3) Each affected facility named in paragraph (a) of this section
shall notify the Air Program Contact at EPA's Montana Operations Office,
Federal Building, 10 West 15th Street, Suite 3200, Helena, MT 59626, in
writing of each Relative Accuracy Test Audit a minimum of 25 working
days prior to the actual testing.
(B) Grab or integrated total sulfur concentration monitoring: If a
facility chooses grab or integrated sampling instead of continuous total
sulfur concentration monitoring, the facility shall comply with the
methods specified in either paragraph (h)(3)(i)(B)(1) (``Grab
Sampling'') or (h)(3)(B)(i)(B)(2) (``Integrated Sampling''), and the
requirements of paragraphs (h)(3)(i)(B)(3) (``Sample Analysis''),
(h)(3)(i)(B)(4) (``Exemptions''), and (h)(3)(i)(B)(5) (``Missing or
Unanalyzed Sample'') of this section, as follows:
(1) Grab Sampling. Each facility that chooses to use grab sampling
shall meet the following requirements: if the flow rate of the gas
stream to the flare in any consecutive 15-minute period continuously
exceeds 0.5 feet per second (fps) and the water seal monitoring device,
if any, indicates that flow is going to the flare, a grab sample shall
be collected within 15 minutes. The grab sample shall be collected at a
location that is representative of the gas combusted in the flare.
Thereafter, the sampling frequency shall be one (1) grab sample every
three (3) hours, which shall continue until the velocity of the gas
stream going to the flare in any consecutive 15-minute period is
continuously 0.5 fps or less. Samples shall be analyzed according to
paragraph (h)(3)(i)(B)(3) of this section. The requirements of this
paragraph (h)(3)(i)(B)(1) shall apply to each flare
[[Page 371]]
at a facility for which the sampling threshold is exceeded.
(2) Integrated Sampling. Each facility that chooses to use
integrated sampling shall meet the following requirements: if the flow
rate of the gas stream to the flare in any consecutive 15-minute period
continuously exceeds 0.5 feet per second (fps) and the water seal
monitoring device, if any, indicates that flow is going to the flare, a
sample shall be collected within 15 minutes. The sample shall be
collected at a location that is representative of the gas combusted in
the flare. The sampling frequency, thereafter, shall be a minimum of one
(1) aliquot for each 15-minute period until the sample container is
full, or until the end of a 3-hour period is reached, whichever comes
sooner. Within 30 minutes thereafter, a new sample container shall be
placed in service, and sampling on this frequency, and in this manner,
shall continue until the velocity of the gas stream going to the flare
in any consecutive 15-minute period is continuously 0.5 fps or less.
Samples shall be analyzed according to paragraph (h)(3)(i)(B)(3) of this
section. The requirements of this paragraph (h)(3)(i)(B)(2) shall apply
to each flare at a facility for which the sampling threshold is
exceeded.
(3) Samples shall be analyzed using ASTM Method D4468-85 (Reapproved
2000) ``Standard Test Method for Total Sulfur in Gaseous Fuels by
Hydrogenolysis and Rateometric Colorimetry,'' (incorporated by
reference, see paragraph (j) of this section) ASTM Method D5504-01
(Reapproved 2006) ``Standard Test Method for Determination of Sulfur
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and
Chemiluminescence,'' (incorporated by reference, see paragraph (j) of
this section) or 40 CFR part 60, Appendix A-5, Method 15A
``Determination of Total Reduced Sulfur Emissions From the Sulfur
Recovery Plants in Petroleum Refineries.'' Total sulfur concentration
shall be reported as H2S or SO2 in ppm.
(4) Exemptions. For facilities using a sampling method specified in
either paragraph (h)(3)(i)(B)(1) (``Grab Sampling'') or (h)(3)(i)(B)(2)
(``Integrated Sampling'') of this section, obtaining a sample is not
required if flaring is a result of a catastrophic or other unusual
event, including a major fire or an explosion at the facility, such that
collecting a sample at the EPA-approved location during the relevant
period is infeasible or constitutes a safety hazard, provided that the
owner or operator shall collect a sample at an alternative location if
feasible, safe, and representative of the flaring event. The owner or
operator shall demonstrate to EPA that it was infeasible or unsafe to
collect a sample or to collect a sample at the sampling location
approved by EPA in the flare monitoring plan required by paragraph
(h)(5) of this section. The owner or operator shall also demonstrate to
EPA that any sample collected at an alternative location is
representative of the flaring incident. If a facility experiences
ongoing difficulties collecting grab or integrated samples in accordance
with its flare monitoring plan approved by EPA pursuant to paragraph
(h)(5) of this section, EPA may require the facility to revise its flare
monitoring plan and use continuous total sulfur concentration monitoring
as described in paragraph (h)(3)(i)(A) of this section or other reliable
method to determine total sulfur concentrations of the gas stream to the
flare.
(5) Missing or Unanalyzed Samples. For facilities using a sampling
method specified in either paragraph (h)(3)(i)(B)(1) (``Grab Sampling'')
or (h)(3)(i)(B)(2) (``Integrated Sampling'') of this section, if a
required sample is not obtained or analyzed for any reason, other
methods approved by EPA in the flare monitoring plan required by
paragraph (h)(5) of this section shall be used to determine total sulfur
concentrations, which shall then be used to calculate SO2
emissions. In quarterly reports, sources shall indicate when these other
methods are used.
(6) Reporting. For facilities using a sampling method specified in
either paragraph (h)(3)(i)(B)(1) (``Grab Sampling'') or (h)(3)(i)(B)(2)
(``Integrated Sampling'') of this section, since normally only one (1)
sample per flare will be analyzed for a 3-hour period, the total sulfur
concentration of a sample obtained during a given 3-hour period shall be
substituted for each hour of
[[Page 372]]
such 3-hour period. If integrated sampling for a flare produces more
than one (1) sample container during a 3-hour period, and the gas in
each container is analyzed separately, the concentrations for the
containers shall be averaged. For that flare, the resulting average
shall be substituted for each hour of the 3-hour period during which the
sampling occurred. The substituted hourly total sulfur concentrations
determined per this paragraph shall be used to determine hourly
emissions from the flare.
(ii) Each facility named in paragraph (a) of this section that does
not certify that only natural gas or an inert gas is used for both the
pilot gas and purge gas shall determine the H2S concentration
of each pilot gas and purge gas stream for which natural gas or inert
gas is not used by one of the following methods:
(A) Measure the H2S concentration of the gas by
continuous H2S analyzer. The H2S concentration
analyzer(s) shall achieve a temporal sampling resolution of at least one
(1) concentration measurement per three (3) minutes, meet the
requirements expressed in the definition of ``hourly average'' in
paragraph (c)(14) of this section, be installed, certified (on a
concentration basis), and operated in accordance with 40 CFR part 60,
Appendix B, Performance Specification 2, and be subject to and meet the
quality assurance and quality control requirements (on a concentration
basis) of 40 CFR part 60, Appendix F. In cases where the H2S
analyzer or analyzers are not working or the H2S
concentration exceeds the range of the analyzer(s), other methods
approved by EPA in the flare monitoring plan required by paragraph
(h)(5) of this section shall be used to determine the H2S
concentration of the gas, which shall then be used to calculate
SO2 emissions. In quarterly reports, sources shall indicate
when other methods are used; or
(B) Use methods approved by EPA as part of the facility's flare
monitoring plan required by paragraph (h)(5) of this section to estimate
the H2S concentration of the gas.
(4) Calculation of SO2 emissions from flares. Methods for
calculating hourly and 3-hour SO2 emissions from flares shall
be submitted to EPA as part of the flare monitoring plan required by
paragraph (h)(5) of this section. Following approval by EPA, such
methods shall be followed for calculating hourly and 3-hour
SO2 emissions from a facility's flare(s).
(5) By October 20, 2008, each facility named in paragraph (a) of
this section shall submit a flare monitoring plan. Each flare monitoring
plan shall include, at a minimum, the following:
(i) A facility plot plan showing the location of each flare in
relation to the general plant layout;
(ii) Drawing(s) with dimensions, preferably to scale, and an as-
built process flow diagram of the flare(s) identifying major components,
such as flare header, flare stack, flare tip(s) or burner(s), purge gas
system, pilot gas system, water seal, knockout drum, and molecular seal;
(iii) A representative flow diagram showing the interconnections of
the flare system(s) with vapor recovery system(s), process units, and
other equipment as applicable;
(iv) A complete description of the gas flaring process for an
integrated gas flaring system that describes the method of operation of
the flares;
(v) A complete description of the vapor recovery system(s) which
have interconnection to a flare, such as compressor description(s);
design capacities of each compressor and the vapor recovery system; and
the method currently used to determine and record the amount of vapors
recovered;
(vi) A complete description of the proposed method to monitor,
determine, and record the total volume and total sulfur concentration of
gases combusted in the flare, including drawing(s) with dimensions,
preferably to scale, showing the following information for the proposed
flare gas stream monitoring systems:
(A) The locations to be used for all monitoring and sampling,
including, but not limited to: Flare flow monitors, total sulfur
analyzers, concentration integrated sampling, concentration grab
sampling, water seal monitoring devices, pilot and purge gas flow
monitors, and pilot and purge gas concentration monitors;
[[Page 373]]
(vii) A description of the method(s) used to determine, and
reasoning behind, all monitoring and sampling locations;
(viii) The following information regarding pilot gas and purge gas
for each flare:
(A) Type(s) of gas used;
(B) A complete description of the monitor(s) to be used, or the
other parameters that will be used and monitored, to determine
volumetric flows of the pilot gas and purge gas streams for which
natural gas or inert gas is not used; and
(C) A complete description of the analyzer(s) to be used to
determine, or other methods that will be used to estimate, the
H2S concentrations in the pilot gas and purge gas streams for
which natural gas or inert gas is not used;
(ix) A detailed description of manufacturer's specifications,
including, but not limited to, make, model, type, range, precision,
accuracy, calibration, maintenance, quality assurance procedure, and any
other relevant specifications and information referenced in paragraphs
(h)(2) and (3) of this section for all existing and proposed flow
monitoring devices and total sulfur analyzers;
(x) The following information if grab or integrated sampling is
used:
(A) A complete description of proposed analytical and sampling
methods if grab or integrated sampling methods will be used for
determining the total sulfur concentration of the gas stream going to
the flare;
(B) A detailed description of manufacturer's specifications,
including, but not limited to, make, model, type, maintenance, and
quality assurance procedures for the integrated sampling device, if
used; and
(C) A complete description of the proposed method to alert personnel
designated to collect samples that the trigger for collecting a sample
has occurred;
(xi) A complete description of the methods to be used to estimate
flare emissions when any flare, pilot gas, or purge gas volumetric flow
monitoring devices, total sulfur analyzers, or grab or integrated
sampling methods, or pilot gas or purge gas H2S analyzers are
not working or available, or the operating range of the monitors or
analyzers is exceeded;
(xii) A complete description of the proposed data recording,
collection, and management system and any other relevant specifications
and information referenced in paragraphs (h)(2) and (3) of this section
for each flare monitoring system;
(xiii) The following information for each flare using a water seal
monitoring device:
(A) A detailed description of manufacturer's specifications,
including, but not limited to, make, model, type, maintenance, and
quality assurance procedures;
(B) A complete description of the proposed methods to determine that
the water seal is no longer intact and flow is going to the flare, and
the data used to establish, and reasoning behind, these methods;
(xiv) A schedule for the installation and operation of each flare
monitoring system consistent with the deadline in paragraphs (h)(2) and
(h)(3) of this section; and
(xv) A complete description of the methods to be used for
calculating hourly and 3-hour SO2 emissions from flares.
(6) Thirty (30) days prior to installing any continuous monitor or
integrated sampler pursuant to paragraphs (h)(2) and (3) of this
section, each facility named in paragraph (a) of this section shall
submit for EPA review a quality assurance/quality control (QA/QC) plan
for each monitor or sampler being installed.
(i) Affirmative defense provisions for exceedances of flare emission
limits during malfunctions, startups, and shutdowns. (1) In response to
an action to enforce the emission limits in paragraphs (d)(2)(i),
(e)(2)(i), (f)(2)(i), and (g)(2)(i) of this section, owners and/or
operators of the facilities named in paragraph (a) of this section may
assert an affirmative defense to a claim for civil penalties for
exceedances of such limits during periods of malfunction, startup, or
shutdown. To establish the affirmative defense and to be relieved of a
civil penalty in any action to enforce such a
[[Page 374]]
limit, the owner or operator of the facility must meet the notification
requirements of paragraph (i)(2) of this section in a timely manner and
prove by a preponderance of evidence that:
(i) For claims of malfunction:
(A) The excess emissions were caused by a sudden, unavoidable
breakdown of equipment, or a sudden, unavoidable failure of a process to
operate in the normal or usual manner, beyond the control of the owner
or operator;
(B) The excess emissions:
(1) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
(2) Could not have been avoided by better operation and maintenance
practices;
(C) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable;
(D) The amount and duration of the excess emissions (including any
bypass) were minimized to the maximum extent practicable during periods
of such emissions;
(ii) For claims of startup or shutdown:
(A) All or a portion of the facility was in startup or shutdown
mode, resulting in the need to route gases to the flare;
(B) The periods of excess emissions that occurred during startup and
shutdown were short and infrequent and could not have been prevented
through careful planning and design or better operation and maintenance
practices; and
(C) The frequency and duration of operation in startup or shutdown
mode were minimized to the maximum extent practicable;
(iii) For claims of malfunction, startup, or shutdown:
(A) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage;
(B) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality;
(C) All emissions monitoring systems were kept in operation if at
all possible;
(D) The owner or operator's actions in response to the excess
emissions were documented by properly signed, contemporaneous operating
logs;
(E) The excess emissions were not part of a recurring pattern
indicative of inadequate design, operation, or maintenance;
(F) At all times, the facility was operated in a manner consistent
with good practices for minimizing emissions; and
(G) During the period of excess emissions, there were no exceedances
of the SO2 NAAQS that could be attributed to the emitting
source.
(2) Notification. The owner or operator of the facility experiencing
an exceedance of its flare emission limit(s) during startup, shutdown,
or malfunction shall notify EPA verbally as soon as possible, but no
later than noon of EPA's next working day, and shall submit written
notification to EPA within 30 days of the initial occurrence of the
exceedance. The written notification shall explain whether and how the
elements set forth in paragraph (i)(1) of this section were met, and
include all supporting documentation.
(3) Injunctive relief. The Affirmative Defense Provisions contained
in paragraph (i)(1) of this section shall not be available to claims for
injunctive relief.
(j) Incorporation by reference. (1) The materials listed in this
paragraph are incorporated by reference in the corresponding paragraphs
noted. These incorporations by reference are approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. These materials are incorporated as they exist on the date of the
approval, and notice of any change in these materials will be published
in the Federal Register. The materials are available for purchase at the
corresponding address noted below, and all are available for inspection
at the National Archives and Records Administration (NARA) and at the
Air Program, EPA, Region 8, 1595 Wynkoop Street, Denver, CO. For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/
[[Page 375]]
code_of_federal_regulations/ibr_locations.html.
(2) The following materials are available for purchase from the
following address: American Society for Testing and Materials (ASTM),
100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA
19428-2959, www.astm.org, or by calling (610) 832-9585.
(i) ASTM Method D4468-85 (Reapproved 2000), Standard Test Method for
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric
Colorimetry, IBR approved for paragraph (h)(3)(i)(B)(3) of this section.
(ii) ASTM Method D4810-06, Standard Test Method for Hydrogen Sulfide
in Natural Gas Using Length-of-Stain Detector Tubes, IBR approved for
paragraphs (f)(3)(ii)(B), (g)(4)(ii)(C), and (g)(5)(ii)(C) of this
section.
(ii) ASTM Method D5504-01 (Reapproved 2006), Standard Test Method
for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels
by Gas Chromatography IBR approved for paragraph (h)(3)(i)(B)(3) of this
section.
[73 FR 21454, Apr. 21, 2008]
Sec. 52.1393 Interstate transport requirements.
(a) The State of Montana added the Interstate Transport Rule
Declaration to the State SIP, State of Montana Air Quality Control
Implementation Plan, Volume I, Chapter 9, to satisfy the requirements of
Clean Air Act Section 110(a)(2)(D)(i) for the 8-hour ozone and
PM2.5 NAAQS promulgated in July 1997. The Montana Interstate
Transport Rule Declaration, adopted and effective on the same date of
February 12, 2007, was submitted to EPA on April 16, 2007. The April 16,
2007 Governor's letter included as an attachment a set of dated
replacement pages for the Montana Interstate Transport Rule Declaration.
The new set of pages were sent as replacement for the set of undated
pages submitted earlier with the February 12, 2007 Record of Adoption
package. In a May 10, 2007 e-mail to Domenico Mastrangelo, EPA, Debra
Wolfe, of the Montana Department of Environmental Quality, confirmed
February 12, 2007 as the adoption/effective date for the Montana
Interstate Transport Rule Declaration.
(b) On February 10, 2010, Montana Governor Brian Schweitzer
submitted a letter certifying, in part, that Montana's SIP is adequate
to meet the interstate transport requirements of CAA section
110(a)(2)(D)(i)(I) for the 2006 PM2.5 NAAQS.
(c) EPA is approving both elements of CAA section 110(a)(2)(D)(i)(I)
for the 2008 ozone NAAQS, which was submitted to EPA on January 3, 2013.
(d) EPA is approving the Montana 2012 PM2.5 NAAQS
Infrastructure Certification, submitted to EPA on December 17, 2015, for
both elements of CAA section 110(a)(2)(D)(i)(I) for the 2012
PM2.5 NAAQS.
(e) EPA is approving the Montana 2010 SO2 NAAQS
Infrastructure Certification, submitted to EPA on July 15, 2013, for
both elements of CAA section 110(a)(2)(D)(i)(I) for the 2010
SO2 NAAQS.
[73 FR 10154, Feb. 26, 2008, as amended at 78 FR 45871, July 30, 2013;
81 FR 7708, Feb. 16, 2016; 83 FR 31329, July 5, 2018; 83 FR 44503, Aug.
31, 2018]
Sec. 52.1394 Section 110(a)(2) infrastructure requirements.
(a) On December 22, 2009, David L. Klemp, Bureau Chief, Air
Resources Management Bureau, of the Montana Department of Environmental
Quality submitted a certification letter which provides the State of
Montana's SIP provisions which meet the requirements of CAA Section
110(a)(1) and (2) relevant to the 1997 Ozone NAAQS.
(b) On February 10, 2010, Brian Schweitzer, Governor, State of
Montana, submitted a certification letter which provides the State of
Montana's SIP provisions which meet the requirements of CAA section
110(a)(1) and (2), elements (A), (B), (C) with respect to the
requirement to have a minor NSR program that addresses PM2.5;
(E)(i), (E)(iii), (F), (G), (H), (J) with respect to the requirements of
sections 121 and 127, (K), (L), and (M).
[76 FR 43923, July 22, 2011, as amended at 78 FR 45866, July 30, 2013]
[[Page 376]]
Sec. 52.1395 Smoke management plan.
The Department considers smoke management techniques for agriculture
and forestry management burning purposes as set forth in 40 CFR
51.308(d)(3)(v)(E). The Department considers the visibility impact of
smoke when developing, issuing, or conditioning permits and when making
dispersion forecast recommendations through the implementation of Title
17, Chapter 8, subchapter 6, ARM, Open Burning.
[77 FR 57915, Sept. 18, 2012]
Sec. 52.1396 Federal implementation plan for regional haze.
(a) Applicability. This section applies to each owner and operator
of the following coal-fired electric generating units (EGUs) in the
State of Montana: PPL Montana, LLC, Colstrip Power Plant, Units 1, 2;
and PPL Montana, LLC, JE Corette Steam Electric Station. This section
also applies to each owner and operator of cement kilns at the following
cement production plants: Ash Grove Cement, Montana City Plant; and
Oldcastle Materials Cement Holdings, Inc., Trident Plant. This section
also applies to each owner and operator of CFAC and M2 Green
Redevelopment LLC, Missoula site.
Note to paragraph (a): On June 9, 2015, the NOX and
SO2 emission limits for Colstrip Units 1 and 2 and Corette
were vacated by court order.
(b) Definitions. Terms not defined below shall have the meaning
given them in the Clean Air Act or EPA's regulations implementing the
Clean Air Act. For purposes of this section:
Boiler operating day means a 24-hour period between 12 midnight and
the following midnight during which any fuel is combusted at any time in
the EGU. It is not necessary for fuel to be combusted for the entire 24-
hour period.
Continuous emission monitoring system or CEMS means the equipment
required by this section to sample, analyze, measure, and provide, by
means of readings recorded at least once every 15 minutes (using an
automated data acquisition and handling system (DAHS)), a permanent
record of SO2 or NOX emissions, other pollutant
emissions, diluent, or stack gas volumetric flow rate.
Kiln operating day means a 24-hour period between 12 midnight and
the following midnight during which the kiln operates.
NOX means nitrogen oxides.
Owner/operator means any person who owns or who operates, controls,
or supervises an EGU identified in paragraph (a) of this section.
PM means filterable total particulate matter.
SO2 means sulfur dioxide.
Unit means any of the EGUs or cement kilns identified in paragraph
(a) of this section.
(c) Emissions limitations. (1) The owners/operators of EGUs subject
to this section shall not emit or cause to be emitted PM, SO2
or NOX in excess of the following limitations, in pounds per
million British thermal units (lb/MMBtu), averaged over a rolling 30-day
period for SO2 and NOX:
----------------------------------------------------------------------------------------------------------------
PM emission SO2 emission NOX emission
Source name limit (lb/ limit (lb/ limit (lb/
MMBtu) MMBtu) MMBtu)
----------------------------------------------------------------------------------------------------------------
Colstrip Unit 1................................................. 0.10 0.08 0.15
Colstrip Unit 2................................................. 0.10 0.08 0.15
JE Corette Unit 1............................................... 0.26 0.57 0.35
----------------------------------------------------------------------------------------------------------------
(2) The owners/operators of cement kilns subject to this section
shall not emit or cause to be emitted PM, SO2 or
NOX in excess of the following limitations, in pounds per ton
of clinker produced, averaged over a rolling 30-day period for
SO2 and NOX:
[[Page 377]]
----------------------------------------------------------------------------------------------------------------
SO2 emission NOX emission
limit (lb/ton limit (lb/ton
Source name PM emission limit clinker) clinker)
----------------------------------------------------------------------------------------------------------------
Ash Grove, Montana City.................... If the process weight rate of the 11.5 8.0
kiln is less than or equal to 30
tons per hour, then the emission
limit shall be calculated using E
= 4.10p\0.67\ where E = rate of
emission in pounds per hour and p
= process weight rate in tons per
hour; however, if the process
weight rate of the kiln is greater
than 30 tons per hour, then the
emission limit shall be calculated
using E = 55.0p\0.11\-40, where E
= rate of emission in pounds per
hour and P = process weight rate
in tons per hour..
Oldcastle, Trident......................... 0.77 lb/ton clinker................ 1.3 7.6
----------------------------------------------------------------------------------------------------------------
(3) [Reserved]
(4) These emission limitations shall apply at all times, including
startups, shutdowns, emergencies, and malfunctions.
(d) Compliance date. The owners and operators of the BART sources
subject to this section shall comply with the emission limitations and
other requirements of this section as follows, unless otherwise
indicated in specific paragraphs: Compliance with PM emission limits is
required by November 17, 2012. Compliance with SO2 and
NOX emission limits is required by April 16, 2013, unless
installation of additional emission controls is necessary to comply with
emission limitations under this rule, in which case compliance is
required by October 18, 2017.
Note to paragraph (d): On June 9, 2015, the NOX and
SO2 emission limits, and thereby compliance dates, for
Colstrip Units 1 and 2 and Corette were vacated by court order.
(e) Compliance determinations for SO2 and
NOX--(1) CEMS for EGUs. At all times after the compliance
date specified in paragraph (d) of this section, the owner/operator of
each unit shall maintain, calibrate, and operate a CEMS, in full
compliance with the requirements found at 40 CFR part 75, to accurately
measure SO2, NOX, diluent, and stack gas
volumetric flow rate from each unit. The CEMS shall be used by the
owner/operator to determine compliance with the emission limitations in
paragraph (c) of this section for each unit.
(2) Method for EGUs. (i) For any hour in which fuel is combusted in
a unit, the owner/operator of each unit shall calculate the hourly
average SO2 and NOX concentration in lb/MMBtu at
the CEMS in accordance with the requirements of 40 CFR part 75. At the
end of each boiler operating day, the owner/operator shall calculate and
record a new 30-day rolling average emission rate in lb/MMBtu from the
arithmetic average of all valid hourly emission rates from the CEMS for
the current boiler operating day and the previous 29 successive boiler
operating days.
(ii) An hourly average SO2 or NOX emission
rate in lb/MMBtu is valid only if the minimum number of data points, as
specified in 40 CFR part 75, is acquired by the owner/operator for both
the pollutant concentration monitor (SO2 or NOX)
and the diluent monitor (O2 or CO2).
(iii) Data reported by the owner/operator to meet the requirements
of this section shall not include data substituted using the missing
data substitution procedures of subpart D of 40 CFR part 75, nor shall
the data have been bias adjusted according to the procedures of 40 CFR
part 75.
(3) CEMS for cement kilns. At all times after the compliance date
specified in paragraph (d) of this section, the owner/operator of each
unit shall maintain, calibrate, and operate a CEMS, in full compliance
with the requirements found at 40 CFR 60.63(f) and (g), to accurately
measure concentration by volume of SO2 and NOX
emissions into the atmosphere from each unit. The CEMS shall be used by
the owner/operator to determine compliance with the emission limitations
in paragraph (c) of this section for each unit, in combination with data
on actual clinker production. The owner/operator must operate the
monitoring system and collect data at all required intervals at all
times the affected unit is operating, except for
[[Page 378]]
periods of monitoring system malfunctions, repairs associated with
monitoring system malfunctions, and required monitoring system quality
assurance or quality control activities (including, as applicable,
calibration checks and required zero and span adjustments).
(4) Method for cement kilns. (i) The owner/operator of each unit
shall record the daily clinker production rates.
(ii) The owner/operator of each unit shall calculate and record the
30-operating day rolling emission rates of SO2 and
NOX, in lb/ton of clinker produced, as the total of all
hourly emissions data for the cement kiln in the preceding 30 days,
divided by the total tons of clinker produced in that kiln during the
same 30-day operating period, using the following equation:
[GRAPHIC] [TIFF OMITTED] TR18SE12.069
Where:
ED = 30 kiln operating day average emission rate of
NOX or SO2, lb/ton of clinker;
Ci = Concentration of NOX or SO2 for
hour i, ppm;
Qi = volumetric flow rate of effluent gas for hour i, where
Ci and Qi are on the same basis (either wet or
dry), scf/hr;
Pi = total kiln clinker produced during production hour i,
ton/hr;
k = conversion factor, 1.194 x 10-7 for NOX and
1.660 x 10-7 for SO2; and
n = number of kiln operating hours over 30 kiln operating days, n = 1 to
720.
For each kiln operating hour for which the owner/operator does not
have at least one valid 15-minute CEMS data value, the owner/operator
must use the average emissions rate (lb/hr) from the most recent
previous hour for which valid data are available. Hourly clinker
production shall be determined by the owner/operator in accordance with
the requirements found at 40 CFR 60.63(b).
(iii) At the end of each kiln operating day, the owner/operator of
each unit shall calculate and record a new 30-day rolling average
emission rate in lb/ton clinker from the arithmetic average of all valid
hourly emission rates for the current kiln operating day and the
previous 29 successive kiln operating days.
(f) Compliance determinations for particulate matter--(1) EGU
particulate matter BART emission limits. Compliance with the particulate
matter BART emission limits for each EGU BART unit shall be determined
by the owner/operator from annual performance stack tests. Within 60
days of the compliance deadline specified in paragraph (d) of this
section, and on at least an annual basis thereafter, the owner/operator
of each unit shall conduct a stack test on each unit to measure the
particulate emissions using EPA Method 5, 5B, 5D, or 17, as appropriate,
in 40 CFR part 60, appendix A. A test shall consist of three runs, with
each run at least 120 minutes in duration and each run collecting a
minimum sample of 60 dry standard cubic feet. Results shall be reported
by the owner/operator in lb/MMBtu. The results from a stack test meeting
the requirements of this paragraph (f)(1) that was completed within 12
months prior to the compliance deadline can be used in lieu of the first
stack test required. If this option is chosen, then the next annual
stack test shall be due no more than 12 months after the stack test that
was used. In addition to annual stack tests, owner/operator shall
monitor particulate emissions for compliance with the BART emission
limits in accordance with the applicable Compliance Assurance Monitoring
(CAM) plan developed and approved in accordance with 40 CFR part 64.
(2) Cement kiln particulate matter BART emission limits. Compliance
with the particulate matter BART emission limits for each cement kiln
shall be determined by the owner/operator from annual performance stack
tests. Within 60 days of the compliance deadline
[[Page 379]]
specified in paragraph (d) of this section, and on at least an annual
basis thereafter, the owner/operator of each unit shall conduct a stack
test on each unit to measure particulate matter emissions using EPA
Method 5, 5B, 5D, or 17, as appropriate, in 40 CFR part 60, appendix A.
A test shall consist of three runs, with each run at least 120 minutes
in duration and each run collecting a minimum sample of 60 dry standard
cubic feet. The average of the results of three test runs shall be used
by the owner/operator for demonstrating compliance. The results from a
stack test meeting the requirements of this paragraph (f)(2) that was
completed within 12 months prior to the compliance deadline can be used
in lieu of the first stack test required. If this option is chosen, then
the next annual stack test shall be due no more than 12 months after the
stack test that was used. Clinker production shall be determined in
accordance with the requirements found at 40 CFR 60.63(b). Results of
each test shall be reported by the owner/operator as the average of
three valid test runs. In addition to annual stack tests, owner/operator
shall monitor particulate emissions for compliance with the BART
emission limits in accordance with the applicable Compliance Assurance
Monitoring (CAM) plan developed and approved in accordance with 40 CFR
part 64.
(i) For Ash Grove Cement, the emission rate of particulate matter
shall be computed by the owner/operator for each run in pounds per hour
(lb/hr).
(ii) For Trident, the emission rate (E) of particulate matter shall
be computed by the owner/operator for each run in lb/ton clinker, using
the following equation:
E = (CsQs)/PK
Where:
E = emission rate of PM, lb/ton of clinker produced;
Cs = concentration of PM in grains per standard cubic foot
(gr/scf);
Qs = volumetric flow rate of effluent gas, where
Cs and Qs are on the same basis (either
wet or dry), scf/hr;
P = total kiln clinker production, tons/hr; and
K = conversion factor, 7,000 gr/lb.
(g) Recordkeeping for EGUs. The owner/operator shall maintain the
following records for at least five years:
(1) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(2) Records of quality assurance and quality control activities for
emissions measuring systems including, but not limited to, any records
required by 40 CFR Part 75.
(3) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
(4) Any other records required by 40 CFR part 75.
(5) All particulate matter stack test results.
(h) Recordkeeping for cement kilns. The owner/operator shall
maintain the following records for at least five years:
(1) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(2) All particulate matter stack test results.
(3) All records of clinker production.
(4) Records of quality assurance and quality control activities for
emissions measuring systems including, but not limited to, any records
required by 40 CFR part 60, appendix F, Procedure 1.
(5) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, CEMS and clinker
production measurement devices.
(6) Any other records required by 40 CFR part 60, Subpart F, or 40
CFR part 60, Appendix F, Procedure 1.
(i) Reporting. All reports under this section, with the exception of
40 CFR 52.1396(n) and (o), shall be submitted by the owner/operator to
the Director, Office of Enforcement, Compliance and Environmental
Justice, U.S. Environmental Protection Agency, Region 8, Mail Code 8ENF-
AT, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
(1) The owner/operator of each unit shall submit excess emissions
reports for SO2 and NOX BART limits. Reports shall
be submitted quarterly by the owner/operator for EGUs and semiannually
for cement kilns, no later than the 30th day following the end of
[[Page 380]]
each calendar quarter or semiannual period, respectively. Excess
emissions means emissions that exceed the emissions limits specified in
paragraph (c) of this section. The reports shall include the magnitude,
date(s), and duration of each period of excess emissions, specific
identification of each period of excess emissions that occurs during
startups, shutdowns, and malfunctions of the unit, the nature and cause
of any malfunction (if known), and the corrective action taken or
preventative measures adopted.
(2) The owner/operator of each unit shall submit CEMS performance
reports, to include dates and duration of each period during which the
CEMS was inoperative (except for zero and span adjustments and
calibration checks), reason(s) why the CEMS was inoperative and steps
taken to prevent recurrence, and any CEMS repairs or adjustments. The
owner/operator shall submit reports quarterly for EGUs and semiannually
for cement kilns.
(i) For EGUs: The owner/operator of each unit shall also submit
results of any CEMS performance tests required by 40 CFR part 75
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(ii) For cement kilns: Owner/operator of each unit shall also submit
results of any CEMS performance tests required by 40 CFR part 60,
appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative
Accuracy Audits, and Cylinder Gas Audits).
(3) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, the
owner/operator shall state such information in the quarterly reports
required by sections (h)(1) and (2) of this section.
(4) The owner/operator of each unit shall submit results of any
particulate matter stack tests conducted for demonstrating compliance
with the particulate matter BART limits in paragraph (c) of this section
within 60 days after the completion of the test.
(5) The owner/operator of each unit shall submit semi-annual reports
of any excursions under the approved CAM plan in accordance with the
schedule specified in the source's title V permit.
(j)-(k) [Reserved]
(l) Notifications. (1) The owner/operator shall submit notification
of commencement of construction of any equipment which is being
constructed to comply with the SO2 or NOX emission
limits in paragraph (c) of this section.
(2) The owner/operator shall submit semi-annual progress reports on
construction of any such equipment.
(3) The owner/operator shall submit notification of initial startup
of any such equipment.
(m) Equipment operation. At all times, the owner/operator shall
maintain each unit, including associated air pollution control
equipment, in a manner consistent with good air pollution control
practices for minimizing emissions.
(n) Credible evidence. Nothing in this section shall preclude the
use, including the exclusive use, of any credible evidence or
information, relevant to whether a source would have been in compliance
with requirements of this section if the appropriate performance or
compliance test procedures or method had been performed.
(o) CFAC notification. CFAC shall notify EPA 60 days in advance of
resuming operation. CFAC shall submit such notice to the Director, Air
Program, U.S. Environmental Protection Agency, Region 8, Mail Code 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Once CFAC notifies
EPA that it intends to resume operation, EPA will initiate and complete
a BART determination after notification and revise the FIP as necessary
in accordance with regional haze requirements, including the BART
provisions in 40 CFR 51.308(e). CFAC will be required to install any
controls that are required as soon as practicable, but in no case later
than five years following the effective date of this rule.
(p) M2Green Redevelopment LLC notification. M2Green Redevelopment
LLC shall notify EPA 60 days in advance of resuming operation. M2Green
Redevelopment LLC shall submit such notice to the Director, Air Program,
U.S. Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Once M2 Green Redevelopment
LLC notifies EPA that it intends to resume
[[Page 381]]
operation, EPA will initiate and complete a four factor analysis after
notification and revise the FIP as necessary in accordance with regional
haze requirements including the ``reasonable progress'' provisions in 40
CFR 51.308(d)(1). M2 Green Redevelopment LLC will be required to install
any controls that are required as soon as practicable, but in no case
later than July 31, 2018.
[77 FR 57915, Sept. 18, 2012, as amended at 82 FR 42745, Sept. 12, 2017]
Sec. 52.1397 Original identification of plan.
(a) This section identifies the original ``Air Implementation Plan
for the State of Montana'' and all revisions submitted by Montana that
were federally approved prior to March 1, 2015.
(b) The plan was officially submitted on March 22, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Non-regulatory changes to the plan involving compliance
schedules, emergency episodes, and air quality surveillance submitted
May 10, 1972, by the State Department of Health.
(2) Plan revisions (Regulation 90-001, Part VI, Part VIII, Part XII)
submitted June 26, 1972, by the Governor.
(3) The Governor submitted the Air Quality Maintenance Area
identification to the Administrator on June 24, 1974.
(4) The Governor submitted revision to the Air Quality Maintenance
Areas on January 25, 1975.
(5) Sulfur oxides control strategy and compliance schedule for the
American Smelting and Refining Company submitted May 21, 1975, by the
Governor.
(6) Sulfur oxides control strategy for the Billings and Laurel areas
and schedule of Compliance for the Farmers Union Central Exchange
(CENEX) refinery in Laurel submitted by the Governor on January 26,
1978.
(7) On May 5, September 4, and October 1, 1975, the Governor
submitted revisions which amended regulations applicable to
incinerators, industrial processes, storage of petroleum products,
aluminum refineries, and malfunctions.
(8) On April 24, and October 4, 1979, the Governor submitted
revisions for Anaconda, East Helena, and Laurel--SO2;
Billings, Butte, Columbia Falls, Colstrip, East Helena, Great Falls, and
Missoula--TSP; Billings and Missoula--CO; and Yellowstone County--ozone.
No action is taken with regard to the revised new source review
regulation, the revised stack height regulation, or the control
strategies for East Helena SO2 and Yellowstone County ozone.
(9) On February 21, 1980 the Governor submitted a plan revision to
meet the requirements of Air Quality Monitoring, 40 CFR part 58, subpart
C, Sec. 58.20.
(10) On April 24, October 4, 1979, and January 7, 1980, the Governor
submitted revisions to meet Part D and other sections of the Clean Air
Act, as amended in l977. No action is taken with regard to the revised
stack height regulation.
(11) On April 21, 1982, and April 22, 1982, Montana submitted
revisions to the open burning regulation and redesignated the Anaconda
area from nonattainment to attainment for sulfur dioxide
(SO2).
(12) On January 19, 1983, Montana submitted revisions to the State
Implementation Plan to meet the requirements of Part C, Subpart 1, and
section 110 of the Clean Air Act.
(13) On July 20, 1982 Montana submitted revisions which amended the
State's rules relating to malfunctions.
(14) Revisions to the SIP for Missoula and Billings Carbon Monoxide
(CO) and Missoula Total Suspended Particulate (TSP) Attainment Plans
were submitted by the Governor on August 14, 1981. A revision specifying
a list of statewide source test procedures was submitted by the Governor
on September 21, 1981.
(i) Incorporation by reference.
(A) Letter from Governor Ted Schwinden to EPA Region VIII Regional
Administrator dated September 21, 1981, and document entitled ``Montana
SDHED-AQB Sampling and Analytical Procedures'' as part of the SIP,
adopted December 31, 1972.
(B) Missoula City Council Resolution Number 4146 approving
amendments to Missoula Total Suspended Particulate
[[Page 382]]
and Carbon Monoxide Air Quality Attainment Plans, adopted on May 4,
1981.
(C) Missoula Board of County Commissioners Resolution number 81-73
approving changes in the Missoula TSP and CO State Implementation Plan,
adopted on May 13, 1981.
(ii) Additional material.
(A) ``Missoula SIP Revisions; Revision to Total Suspended
Particulates Stategies and Strategy Development and Implementation for
Carbon Monoxide,'' 1981.
(B) Certification of approval by Montana Board of Health and
Environmental Sciences on May 28, 1981 of the ``Transportation Control
Plan'' (July, 1980) prepared by Billings-Yellowstone City-County
Planning Board.
(C) Billings-Yellowstone City-County Planning Board ``Transportation
Control Plan'', July, 1980, approved on May 28, 1981.
(15) On September 29, 1983, the Governor submitted the Montana State
Implementation Plan revision for lead.
(16) A revision to the East Helena nonattainment plan for sulfur
dioxide (SO2) was submitted on June 7, 1982, and supplemental
information was submitted October 4, 1983.
(17) On September 21, 1981 the Governor submitted a permit which had
been issued to the Western Energy Company as required in the conditional
approval of the Colstrip TSP plan.
(18) In a letter dated March 28, 1986, the Governor submitted
modifications to the Montana SIP which revised rules governing stack
height and dispersion techniques. In a letter dated November 25, 1985,
the Chief of the Air Quality Bureau, Montana, submitted the stack height
demonstration analysis with supplemental information submitted on
January 28, 1986. EPA is approving the demonstration analysis for all of
the stacks except the ASARCO stacks.
(i) Incorporation by reference.
(A) Revisions to the Administrative Rules of Montana effective on
June 13, 1986. The modifications repeal Administrative Rules of Montana
(ARM 116.8.1201, 116.8.1202 and 16.8.1203 in Subchapter 12 and adds ARM
16.8.1204 (Definitions), 16.8.1205 (Requirements), and 16.8.1206
(Exemptions).
(B) Stack height demonstration analysis submitted by the State on
November 25, 1985 (except for materials pertaining to ASARCO), and
January 28, 1986 (except for meterials pertaining to ASARCO and Appendix
A).
(19) On August 21, 1985 and September 5, 1989, the Governor of
Montana submitted revisions to the plan. The submittal revised existing
Prevention of Significant Deterioration (PSD) regulations.
(i) Incorporation by reference.
(A) Amendments to the Administrative Rules of Montana (ARM) 16.8.921
(27), (Definitions), effective April 1, 1983.
(B) Amendments to the Administrative Rules of Montana (ARM)
16.8.921(2), (Definitions), effective September 13, 1985.
(C) Amendments to the ARM 16.8.921(21) and (27) (Definitions), ARM
16.8.936 (Exemptions from Review], ARM 1 6.8.937 (Air Quality Models),
and ARM 16.8.941 (Class I Variances--General), effective June 16, 1989.
(ii) Additional material.
(A) February 29, 1988 letter from Douglas Skie, EPA, to Jeffrey
Chaffee, Chief of the Montana Air Quality Bureau.
(B) September 9, 1988 letter from Jeffrey Chaffee, Chief of the
Montana Air Quality Bureau, to Douglas Skie, EPA.
(C) December 14, 1988 letter from Douglas Skie, EPA, to Jeffrey
Chaffee, Chief of the Montana Air Quality Bureau.
(D) April 28, 1989 letter from Jeffrey Chaffee, Chief of the Montana
Air Quality Bureau, to Douglas Skie, EPA.
(20) A revision to the SIP was submitted by the Governor on August
21, 1985, for visibility monitoring and new source review.
(i) Incorporation by reference.
(A) Revision to the Montana SIP was made on July 19, 1985, for
visibility new source review and monitoring.
(B) Revision to the Administrative Rules of Montana (ARM) was made
on July 19, 1985, for visibility which includes new regulations ARM
16.8.1001-.1008 and revising ARM 16.8.1107(3).
(21) Revisions to Montana TSP SIP for Butte were submitted by
Governor Ted Schwinden on February 10, 1983.
(i) Incorporation by reference.
[[Page 383]]
(A) State of Montana Air Quality Control, Implementation Plan,
Chapter 5C, Butte, adopted January 14, 1983.
(B) Air quality Permit 1749 for Anaconda Minerals Company filed
March 28, 1983.
(22) Revisions to the Montana CO SIP for Great Falls were submitted
by the Governor on March 28, 1986.
(i) Incorporation by reference.
(A) Montana Refining Company permit dated October 20, 1985.
(B) Stipulation in the matter of the Montana Refining Company dated
December 2, 1985.
(ii) Additional material.
(A) Montana SIP, chapter 5(3)D. Great Falls (Date: March 14, 1986).
(B) Pre-filed testimony by the Department of Health and
Environmental Services dated February 28, 1986.
(23) On March 9, 1988, the Governor submitted a plan revising the
State's Air Quality Modeling Rule (16.8.937) and its Particulate Matter,
Fuel Burning Equipment Rule (16.8.1402).
(i) Incorporation by reference.
(A) Modification to the State of Montana Air Quality Rules, that is
the Air Quality Modeling rule (16.8.937) and the Particulate Matter,
Fuel Burning Equipment rule (16.8.1402) adopted on January 15, 1988.
(24) On July 13, 1990, the Governor of Montana submitted revisions
to the Montana Air Quality Rules, Sub-chapter 9, Prevention of
Significant Deterioration of Air Quality (PSD) Regulations, to
incorporate the nitrogen dioxide (NO2) increments.
(i) Incorporation by reference.
(A) Revisions to the Montana Air Quality Rules, Subchapter 9,
Prevention of Significant Deterioration of Air Quality (PSD) effective
on July 12, 1990.
(ii) Additional material.
(A) October 22, 1990 letter from Douglas Skie, EPA, to Jeffrey
Chaffee, Chief, Montana Air Quality Bureau.
(B) December 4, 1990 letter from Jeffrey Chaffee, Chief, Montana Air
Quality Bureau, to Douglas Skie, EPA.
(C) January 4, 1991 letter from Jeffrey Chaffee, Chief, Montana Air
Quality Bureau, to Douglas Skie, EPA.
(D) April 30, 1991 letter from Douglas Skie, EPA, to Jeffrey
Chaffee, Chief, Montana Air Quality Bureau.
(25) On August 20, 1991, the Governor of Montana submitted revisions
to the plan for new source performance standards and national emission
standards for hazardous air pollutants.
(i) Incorporation by reference.
(A) Revisions to the Administrative Rules of Montana 16.8.1423,
Standards of Performance of New Stationary Sources, and 16.8.1424,
Emission Standards for Hazardous Air Pollutants, adopted July 1, 1991,
effective July 12, 1991.
(ii) Additional material.
(A) Letter dated April 20, 1992 from Jeffrey T. Chaffee, Chief of
the Montana Air Quality Bureau, to Doug Skie, Chief of Air Programs
Branch, EPA Region VIII.
(26) On April 2, 1992, the Governor of Montana submitted revisions
to the plan. The revisions included amendments to the Montana Air
Quality Rules incorporating the July 1, 1991, version of the Montana
Quality Assurance Manual and streamlining of the procedure for updating
the Quality Assurance Manual.
(i) Incorporation by reference.
(A) Revisions, as adopted March 31, 1992, to the Montana Air Quality
Rules: 16.8.807 Ambient Air Monitoring, 16.8.809 Methods and Data, and
the repeal of 16.8.810 Procedures for Reviewing and Revising the Montana
Quality Assurance Manual.
(27) On April 25, 1988, the Governor submitted a plan to help assure
attainment and maintenance of the PM-10 NAAQS throughout the State of
Montana.
(i) Incorporation by reference.
(A) Amendments to the Administrative Rules of Montana (ARM) 16.8.821
(Ambient Air Quality Standards), and ARM 16.8.701, ARM 16.8.806, and ARM
16.8.921 (Definitions), effective April 29, 1988.
(B) Amendments to the ARM, subchapter 9 (Prevention of Significant
Deterioration): sections 16.8.924, 16.8.925, and 16.8.936, effective
April 29, 1988; section 16.8.937, effective March 11, 1988; section
16.8.930, effective April 1, 1988; and sections 16.8.922, 16.8.923,
16.8.926, 16.8.927, 16.8.928, 16.8.929, 16.8.931, 16.8.932, 16.8.933,
16.8.934, 16.8.935, 16.8.938, 16.8.939, 16.8.940,
[[Page 384]]
16.8.941, 16.8.942, 16.8.943, effective January 1, 1983.
(C) Amendments to the ARM, subchapter 10 (Visibility Impact
Assessment): section 16.8.1007, effective April 29, 1988; and sections
16.8.1001, 16.8.1002, 16.8.1003, 16.8.1004, 16.8.1005, 16.8.1006, and
16.8.1008, effective March 11, 1988; section 16.8.930, effective
September 13, 1985.
(D) Amendments to the ARM, subchapter 12 (Stack Heights and
Dispersion Techniques), sections 16.8.1204, 16.8.1205, and 16.8.1206,
effective June 13, 1986.
(E) Amendments to the ARM, subchapter 13 (Open Burning), sections
16.8.1301, 16.8.1302, 16.8.1303, 16.8.1304, 16.8.1305, 16.8.1306,
16.8.1307, and 16.8.1308, effective April 16, 1982.
(F) Amendments to the ARM, subchapter 14 (Emission Standards):
section 16.8.1401, effective February 16, 1979; section 16.8.1402,
effective March 11, 1988; section 16.8.1403, effective September 5,
1975; section 16.8.1404, effective June 13, 1986; section 16.8.1406,
effective December 29, 1978; section 16.8.1419, effective December 31,
1972; section 16.8.1423, effective March 11, 1988; and section
16.8.1428, effective June 13, 1986.
(G) Amendments to the ARM, Sub-Chapter 16 (Combustion Device Tax
Credit), sections 16.8.1601 and 16.8.1602, effective December 27, 1985.
(H) Appendix G-2, Montana Smoke Management Plan, effective April 15,
1988, is removed and replaced by Sec. 52.1395.
(28) On August 20, 1991, the Governor of Montana submitted revisions
to the plan for visibility models, new source performance standards, and
national emission standards for hazardous air pollutants.
(i) Incorporation by reference.
(A) Revisions to the Administrative Rules of Montana 16.8.1004,
Visibility Models, 16.8.1423, Standards of Performance for New
Stationary Sources, and 16.8.1424, Emission Standards for Hazardous Air
Pollutants, effective December 25, 1992.
(29) The Governor of Montana submitted a portion of the requirements
for the moderate nonattainment area PM10 State Implementation Plan (SIP)
for Butte, Montana with a letter dated July 9, 1992, with technical
corrections dated May 17, 1993. The submittals were made to satisfy
those moderate PM10 nonattainment area SIP requirements due for Butte on
November 15, 1991. The Butte PM10 SIP replaces the prior approved Butte
total suspended particulate (TSP) SIP approved in paragraph (c)(21).
(i) Incorporation by reference.
(A) Stipulation signed October 8, 1991 between the Montana
Department of Health and Environmental Sciences and the Butte-Silver Bow
Council of Commissioners, which delineates responsibilities and
authorities between the two entities.
(B) Board order issued on November 15, 1991 by the Montana Board of
Health and Environmental Sciences approving the Butte-Silver Bow Air
Pollution Control Program.
(C) Stipulation between the Montana Department of Health and
Environmental Sciences (signed September 27, 1991), the Montana
Department of Transportation (signed October 4, 1991), and the Butte-
Silver Bow Council of Commissioners (signed October 7, 1991) to ensure
that Butte-Silver Bow and the Montana Department of Transportation
comply with Butte-Silver Bow Council Resolution No. 1307.
(D) Butte/Silver Bow Resolution No. 1307, effective March 6, 1991,
which addresses sanding and chip sealing standards and street sweeping
and flushing requirements.
(E) Butte/Silver Bow Ordinance No. 330, effective August 3, 1988,
which addresses residential wood burning and idling diesel vehicle and
locomotive requirements.
(ii) Additional material.
(A) Montana Department of Health and Environmental Sciences Air
Quality Permit 1636A, with a final modification date of October 26,
1991, for Rhone-Poulenc's elemental phosphorus plant.
(B) Montana Department of Health and Environmental Sciences Air
Quality Permit 1749-04, with a final modification date of March 20,
1992, for Montana Resources, Inc.'s open pit copper and molybdenum mine,
crushing and milling operation and concentrator.
[[Page 385]]
(C) Montana Smoke Management Plan, effective April 28, 1988, which
addresses prescribed burning requirements.
(D) Federal tailpipe standards, which provide an ongoing benefit due
to fleet turnover.
(30) The Governor of Montana submitted a portion of the requirements
for the moderate nonattainment area PM10 State Implementation
Plan (SIP) for Missoula, Montana, and the Missoula City-County Air
Pollution Control Program regulations with letters dated August 20, 1991
and June 4, 1992. The submittals were made to satisfy those moderate
PM10 nonattainment area SIP requirements due for Missoula on
November 15, 1991.
(i) Incorporation by reference.
(A) Stipulation signed April 29, 1991, between the Montana
Department of Health and Environmental Sciences and the Missoula City-
County Air Pollution Control Board, which delineates responsibilities
and authorities between the two entities.
(B) Board order issued on June 28, 1991, by the Montana Board of
Health and Environmental Sciences approving the comprehensive revised
version of the Missoula City-County Air Pollution Control Program.
(C) Board order issued on March 20, 1992, by the Montana Board of
Health and Environmental Sciences approving the amendments to Missoula
City-County Air Pollution Control Program Rule 1401, concerning the use
of approved liquid de-icer, and Rule 1428, concerning pellet stoves.
(D) Missoula County Rule 1401 (7), effective June 28, 1991, which
addresses sanding and chip sealing standards and street sweeping and
flushing requirements.
(E) Missoula County Rule 1401 (9), effective March 20, 1992, which
addresses liquid de-icer requirements.
(F) Missoula County Rule 1428, effective June 28, 1991, with
revisions to sections (2)(l)-(p), (4)(a)(i), and (4)(c)(vi) of Rule
1428, effective March 20, 1992, which addresses requirements for solid
fuel burning devices.
(G) Missoula County Rule 1310 (3), effective June 28, 1991, which
addresses prescribed wildland open burning.
(H) Other Missoula City-County Air Pollution Control Program
regulations effective June 28, 1991, as follows: Chapter I. Short Title;
Chapter II. Declaration of Policy and Purpose; Chapter III. Authorities
for Program; Chapter IV. Administration; Chapter V. Control Board,
Meetings-Duties-Powers; Chapter VI. Air Quality Staff; Chapter VII. Air
Pollution Control Advisory Council; Chapter VIII. Inspections; Chapter
IX., Subchapter 7 General Provisions; Chapter IX., Subchapter 14,
Emission Standards, Rules 1401, 1402, 1403, 1404, 1406 (with amendments
effective March 20, 1992), 1411, 1419, 1425, and 1426; Chapter XI.
Enforcement, Judicial Review and Hearings; Chapter XII. Criminal
Penalties; Chapter XIII. Civil Penalties; Chapter XIV. Non-Compliance
Penalties; Chapter XV. Separability Clause; Chapter XVI. Amendments and
Revisions; Chapter XVII. Limitations, and Appendix A, Maps.
(ii) Additional material.
(A) Montana Department of Health and Environmental Sciences Air
Quality Permit 2303-M, with a final modification date of March 20,
1992, for Louisiana-Pacific Corporation's particle board manufacturing
facility.
(B) Montana Department of Health and Environmental Sciences Air
Quality Permit 2589-M, with a final modification date of January 23,
1992, for Stone Container Corporation's pulp and paper mill facility.
(C) Federal tailpipe standards, which provide an ongoing benefit due
to fleet turnover.
(31) The Governor of Montana submitted a portion of the requirements
for the moderate nonattainment area PM10 State Implementation
Plan (SIP) for Columbia Falls, Montana with letters dated November 25,
1991, and May 6, 1992, with technical corrections dated June 15, 1993.
The submittals were made to satisfy those moderate PM10
nonattainment area SIP requirements due for Columbia Falls on November
15, 1991.
(i) Incorporation by reference.
(A) Stipulation signed November 15, 1991, between the Montana
Department of Health and Environmental Sciences, the Flathead County
Commission, and
[[Page 386]]
the Kalispell City Council and the Columbia Falls City Council, which
delineates responsibilities and authorities between the MDHES and
Flathead County.
(B) Board order issued on November 15, 1991, by the Montana Board of
Health and Environmental Sciences approving the Flathead County Air
Pollution Control Program.
(C) Flathead County Board of Commissioners Resolution No. 867,
adopting the Flathead County Air Pollution Control Program and Flathead
County Air Pollution Control Regulations, with the exception of rules
501 through 506, signed October 3, 1991.
(ii) Additional material.
(A) Montana Department of Health and Environmental Sciences Air
Quality Permit 2667-M, with a final modification date of January 24,
1992, for Plum Creek Manufacturing, Inc. Columbia Falls Operations.
(B) Montana Smoke Management Plan, effective April 28, 1988, which
addresses prescribed burning requirements.
(C) Federal tailpipe standards, which provide an ongoing benefit due
to fleet turnover.
(32) On November 6, 1992, Stan Stephens, the Governor of Montana,
submitted a SIP revision to the Implementation Plan for the Control of
Air Pollution. This revision establishes and requires the implementation
of an oxygenated fuels program in Missoula County as required by section
211(m) of the Clean Air Act Amendments of 1990.
(i) Incorporation by reference.
(A) Missoula City-County Rule 1429, which establishes and requires
the implementation of an oxygenated fuel program, as adopted June 9,
1992.
(ii) Additional materials.
(A) Letter dated November 6, 1992, from Governor Stan Stephens
submitting the oxygenated gasoline program SIP revision.
(B) Stipulation signed June 12, 1991 between the Montana Department
of Health and Environmental Sciences and the Missoula City-County Air
Pollution Control Board, which delineates the responsibilities and
authorities between the two entities.
(C) Board order issued September 25, 1992 by the Montana Board of
Health and Environmental Sciences approving amendments to Missoula City-
County Air Pollution Control Program, adopting Rule 1429 establishing
and implementing an oxygenated fuels program.
(33) The Governor of Montana submitted a portion of the requirements
for the moderate nonattainment area PM10 State Implementation
Plan (SIP) for Libby, Montana with letters dated November 25, 1991 and
May 24, 1993, with technical corrections dated June 3, 1994. The
submittals were to satisfy those moderate PM10 nonattainment
area SIP requirements due for Libby on November 15, 1991.
(i) Incorporation by reference.
(A) Stipulation signed October 7, 1991 between the Montana
Department of Health and Environmental Sciences (MDHES), the County of
Lincoln and the City of Libby, which delineates responsibilities and
authorities between the MDHES, Lincoln County and Libby.
(B) Board order issued on November 15, 1991 by the Montana Board of
Health and Environmental Sciences approving the Lincoln County Air
Pollution Control Program.
(C) Stipulation signed March 18, 1993 between the Montana Department
of Health and Environmental Sciences, the County of Lincoln and the City
of Libby, seeking approval of amendments to the local air pollution
control program.
(D) Board order issued on March 19, 1993 by the Montana Board of
Health and Environmental Sciences approving amendments to the Lincoln
County Air Pollution Control Program.
(E) Letter dated February 4, 1993, from Kendra J. Lind, Lincoln
County Department of Environmental Health, to Gretchen Bennitt, Air
Quality Bureau, Montana Department of Health and Environmental Sciences,
which explains the local adoption process and effective date of
amendments to the Lincoln County Air Quality Control Program
regulations.
(F) Lincoln County Board of Commissioners Resolution No. 276, signed
December, 23, 1992, and Libby City Council Ordinance No. 1470, signed
February 1, 1993, adopting amendments to the Lincoln County Air Quality
Control Program regulations 1 through 7.
[[Page 387]]
(ii) Additional material.
(A) Montana Department of Health and Environmental Sciences Air
Quality Permit 2627-M, with a final modification date of July 25, 1991,
for Stimson Lumber Company (formerly Champion International
Corporation), Libby Facility.
(B) Montana Smoke Management Plan, effective April 28, 1988, which
addresses prescribed burning requirements.
(C) Federal tailpipe standards, which provide an ongoing benefit due
to fleet turnover.
(34) On October 19, 1992, the Governor of Montana submitted a plan
for the establishment and implementation of a Small Business Stationary
Source Technical and Environmental Compliance Assistance Program to be
incorporated into the Montana State Implementation Plan as required by
section 507 of the Clean Air Act.
(i) Incorporation by reference.
(A) Montana Code Annotated, Sections 75-2-106, 75-2-107, 75-2-108,
75-2-109 and 75-2-220, to establish and fund a small business stationary
source technical and environmental compliance assistance program,
effective April 24, 1993.
(ii) Additional materials.
(A) October 19, 1992 letter from the Governor of Montana submitting
a Small Business Stationary Source Technical and Environmental
Compliance Assistance Program plan to EPA.
(B) The State of Montana plan for the establishment and
implementation of a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program, adopted by the Board of
Health and Environmental Sciences on September 25, 1992, effective
September 25, 1992.
(35) The Governor of Montana submitted PM10 and CO
contingency measures for Missoula, Montana in a letter dated March 2,
1994. The Governor of Montana also submitted the Missoula City-County
Air Pollution Control Program in a letter dated August 20, 1991, with
amendments submitted in letters dated June 4, 1992 and March 2, 1994.
The March 2, 1994 submittal satisfies several commitments made by the
State in its original PM10 moderate nonattainment area SIP.
(i) Incorporation by reference.
(A) Board order issued on November 19, 1993 by the Montana Board of
Health and Environmental Sciences approving the amendments to Missoula
City-County Air Pollution Control Program Chapter VII, VIII, and IX,
regarding, among other things, the PM10 and CO contingency
measures, inspections, emergency procedures, permitting, and wood-waste
burners.
(B) Missoula City-County Chapter IX, Subchapter 3, effective
November 19, 1993, which addresses the PM10 and CO
contingency measure selection process.
(C) Missoula City-County Rule 1401(7), effective November 19, 1993,
which addresses PM10 contingency measure requirements for an
expanded area of regulated road sanding materials.
(D) Missoula City-County Rule 1428(5) and 1428(7), effective
November 19, 1993, which addresses PM10 and CO contingency
measure requirements for solid fuel burning devices.
(E) Missoula City-County Air Pollution Control Program Chapter IX,
Subchapter 13, Open Burning, effective June 28, 1991.
(F) Other Missoula City-County Air Pollution Control Program
regulations effective June 28, 1991, with amendments effective on March
20, 1992 and November 19, 1993, as follows: all portions of Chapter IX,
Subchapter 11, Permit, Construction and Operation of Air Contaminant
Sources, except, Rules 1102(3), 1105(2), and 1111(2).
(G) Other Missoula City-County Air Pollution Control Program
regulations effective June 28, 1991, with amendments effective on
November 19, 1993, as follows: Chapter IX, Subchapter 4, Emergency
Procedures and Chapter IX, Subchapter 14, Rule 1407, Prevention,
Abatement and Control of Air Pollution from Wood-Waste Burners.
(H) Minor revisions to Missoula City-County Air Pollution Control
Program Chapter VII, Air Quality Advisory Council, and Chapter VIII,
Inspections, effective on November 19, 1993, as follows: Chapter VII(1)
and Chapter VIII(4).
(36) The Governor of Montana submitted PM10 contingency
measures for
[[Page 388]]
Butte, Montana in a letter dated August 26, 1994. This submittal also
contained revisions to the attainment and maintenance demonstrations for
the moderate PM10 nonattainment area SIP, due to
modifications made to the Air Quality Permit for Montana Resources, Inc.
(i) Incorporation by reference.
(A) Board order issued on May 20, 1994 by the Montana Board of
Health and Environmental Sciences approving the amendments to the Butte/
Silver Bow Air Pollution Control Program regarding the PM10
contingency measure.
(B) Butte/Silver Bow Ordinance No. 468, effective May 20, 1994,
which addresses PM10 contingency measure requirements for
liquid de-icer application.
(ii) Additional material.
(A) Montana Department of Health and Environmental Sciences Air
Quality Permit 1749-05, as revised with a final modification date of
January 5, 1994, for Montana Resources, Inc.'s open pit copper and
molybdenum mine, crushing and milling operation, and concentrator.
(37) The Governor of Montana submitted a State Implementation Plan
(SIP) revision meeting the requirements for the primary SO2
NAAQS SIP for the East Helena, Montana nonattainment area with a letter
dated March 30, 1994. The submittal was to satisfy those SO2
nonattainment area SIP requirements due for East Helena on May 15, 1992.
The East Helena SO2 SIP revision submitted on March 30, 1994,
supercedes the East Helena SO2 SIP approved in paragraph
(c)(5) of this section and, effective after November 15, 1995,
terminates the East Helena SO2 SIP approved in paragraph
(c)(16) of this section.
(i) Incorporation by reference.
(A) Stipulation signed March 15, 1994, between the Montana
Department of Health and Environmental Sciences (MDHES) and Asarco,
Incorporated, which specifies SO2 emission limitations and
requirements for the company's primary lead smelter located in East
Helena, MT.
(B) Board order issued on March 18, 1994, by the Montana Board of
Health and Environmental Sciences approving and adopting the control
strategy for achieving and maintaining the primary SO2 NAAQS
in the East Helena area.
(38) [Reserved]
(39) On May 17, 1994, the Governor of Montana submitted revisions to
the Administrative Rules of Montana (ARM) regarding nonattainment new
source review, prevention of significant deterioration, general
construction permitting, wood waste burners, source test methods, new
source performance standards, and national emission standards for
hazardous air pollutants. Also, the Governor requested that all existing
State regulations approved in the SIP be replaced with the October 1,
1979 codification of the ARM as in effect on March 30, 1994. EPA is
replacing all of the previously approved State regulations, except ARM
16.8.1302 and 16.8.1307, with those regulations listed in paragraph
(c)(39)(i)(A) of this section. ARM 16.8.1302 and 16.8.1307, as in effect
on April 16, 1982 and as approved by EPA at 40 CFR 52.1370(c)(11), will
remain part of the SIP.
(i) Incorporation by reference.
(A) Administrative Rules of Montana (ARM) Sections 16.8.201-202,
16.8.301-304, and 16.8.401-404, effective 12/31/72; Section 16.8.701,
effective 12/10/93; Section 16.8.704, effective 2/14/87; Section
16.8.705, effective 6/18/82; Section 16.8.707, effective 9/13/85;
Sections 16.8.708-709, effective 12/10/93; Sections 16.8.945-963,
effective 12/10/93; Sections 16.8.1001-1003, effective 9/13/85; Section
16.8.1004, effective 12/25/92; Sections 16.8.1005-1006, effective 9/13/
85; Section 16.8.1007, effective 4/29/88; Section 16.8.1008, effective
9/13/85; Section 16.8.1101, effective 6/16/89; Section 16.8.1102,
effective 2/14/87; Section 16.8.1103, effective 6/16/89; Section
16.8.1104, effective 3/16/79; Section 16.8.1105, effective 12/27/91;
Sections 16.8.1107 and 16.8.1109, effective 12/10/93; Sections
16.8.1110-1112. effective 3/16/79; Section 16.8.1113, effective 2/14/87;
Section 16.8.1114, effective 12/10/93; Sections 16.8.1115, 16.8.1117,
and 16.8.1118, effective 3/16/79; Sections 16.8.1119-1120, effective 12/
10/93; Sections 16.8.1204-1206, effective 6/13/86; Sections 16.8.1301
and 16.8.1303, effective 4/16/82; Section 16.8.1304, effective 9/11/92;
Section 16.8.1305, effective 4/16/82; Section 16.8.1306, effective 4/1/
82; Section 16.8.1308, effective 10/16/92; Section
[[Page 389]]
16.8.1401, effective 10/29/93; Section 16.8.1402, effective 3/11/88;
Section 16.8.1403, effective 9/5/75; Section 16.8.1404, effective 6/13/
86; Section 16.8.1406, effective 12/29/78; Section 16.8.1407, effective
10/29/93; Section 16.8.1411, effective 12/31/72; Section 16.8.1412,
effective 3/13/81; Section 16.8.1413, effective 12/31/72; Section
16.8.1419, effective 12/31/72; Sections 16.8.1423, 16.8.1424, and
16.8.1425 (except 16.8.1425(1)(c) and (2)(d)), effective 10/29/93;
Section 16.8.1426, effective 12/31/72; Sections 16.8.1428-1430,
effective 10/29/93; Section 16.8.1501, effective 2/10/89; Section
16.8.1502, effective 2/26/82; Section 16.8.1503, effective 2/10/89;
Sections 16.8.1504-1505, effective 2/26/82; Sections 16.8.1701-1705,
effective 12/10/93; and Sections 16.8.1801-1806, effective 12/10/93.
(40) The Governor of Montana submitted a PM10 plan for
Kalispell, Montana in a letter dated November 25, 1991. The Governor of
Montana later submitted additional materials in letters dated January
11, 1994, August 26, 1994, and July 18, 1995. The August 26, 1994, and
July 18, 1995 submittals also contain the Kalispell Contingency Measure
Plan. The August 26, 1994, submittal also contains the Columbia Falls
PM10 contingency measures and minor revisions to the
attainment and maintenance demonstrations for the moderate
PM10 nonattainment area SIP for Columbia Falls. Finally, the
August 26, 1994, submittal contains revisions to the Flathead County Air
Pollution Control Program regulations.
(i) Incorporation by reference.
(A) Stipulations signed September 15, 1993 between the Montana
Department of Health and Environmental Sciences and the following
industries: A-1 Paving; Equity Supply Company; Flathead Road Dept. (two
stipulations issued); Klingler Lumber Co.; McElroy and Wilkins; and
Montana Mokko.
(B) Stipulations signed September 17, 1993 between the Montana
Department of Health and Environmental Sciences and the following
industries: Pack and Company, Inc.; Pack Concrete; and Plum Creek Inc.
(Evergreen).
(C) Board Order issued on September 17, 1993, by the Montana Board
of Health and Environmental Sciences enforcing emissions limitations
specified by stipulations signed by both the Montana Department of
Health and Environmental Services and participating facilities. The
participating facilities included: A-1 Paving; Equity Supply Company;
Flathead Road Dept. (two stipulations issued); Klingler Lumber Co.;
McElroy and Wilkins; Montana Mokko; Pack and Company, Inc.; Pack
Concrete; and Plum Creek Inc. (Evergreen).
(D) Flathead County Board of Commissioners Resolution No. 867B,
dated April 4, 1994, adopting the Flathead County Air Pollution Control
Program.
(E) Board Order issued May 20, 1994, by the Montana Board of Health
and Environmental Sciences approving the Flathead County Air Pollution
Control Program.
(F) Flathead County Air Pollution Control Program, including all
regulations found in Chapter VIII, Sub-Chapters 1-6, effective May 20,
1994.
(ii) Additional material.
(A) Montana Smoke Management Plan, effective April 28, 1988, which
addresses prescribed burning requirements.
(B) Federal tailpipe standards, which provide an ongoing benefit due
to fleet turnover.
(41) The Governor of Montana submitted revisions to the Missoula
City-County Air Pollution Control Program in a letter dated March 3,
1995. In addition, the March 3, 1995 submittal satisfies the one
remaining commitment made by the State in its original PM10
moderate nonattainment area SIP.
(i) Incorporation by reference.
(A) Board order issued on September 16, 1994 by the Montana Board of
Health and Environmental Sciences approving the amendments to Missoula
City-County Air Pollution Control Program Chapters IX and XVI regarding,
among other things, emergency procedures, paving of private roads,
driveways, and parking lots, National standards of performance for new
stationary sources, National Emission Standards for Hazardous Air
Pollutants, and solid fuel burning devices.
(B) Missoula City-County Rule 401, Missoula County Air Stagnation
Plan, effective September 16, 1994.
[[Page 390]]
(C) Missoula City-County Rule 1401, Prevent Particulate Matter from
Being Airborne, effective September 16, 1994.
(D) Missoula City-County Rule 1423, Standard of Performance for New
Stationary Sources, effective September 16, 1994.
(E) Missoula City-County Rule 1424, Emission Standards for Hazardous
Air Pollutants, effective September 16, 1994.
(F) Missoula City-County Rule 1428, Solid Fuel Burning Devices,
effective September 16, 1994.
(G) Missoula City-County Air Pollution Control Program Chapter XVI,
Amendments and Revisions, effective September 16, 1994.
(42) On May 22, 1995, the Governor of Montana submitted revisions to
the prevention of significant deterioration regulations in the
Administrative Rules of Montana to incorporate changes in the Federal
PSD permitting regulations for PM-10 increments.
(i) Incorporation by reference
(A) Revisions to the Administrative Rules of Montana (ARM), rules
16.8.945(3)(c), 16.8.945(21)(d), 16.8.945(24)(d), 16.8.947(1),
16.8.953(7)(a), and 16.8.960(4), effective 10/28/94.
(43) On May 22, 1995, the Governor of Montana submitted revisions to
the plan, which included revisions to the State's open burning
regulation and other minor administrative revisions.
(i) Incorporation by reference.
(A) Revisions to the Administrative Rules of Montana (ARM),
16.8.1301-1310, effective September 9, 1994; and
(B) Revisions to the ARM, 16.8.708, 16.8.946, 16.8.1120, 16.8.1429,
16.8.1702, 16.8.1802, and 16.8.2003, effective October 28, 1994.
(44) The Governor of Montana submitted PM10 contingency
measures and a recodification of the local regulations for Libby,
Montana in a letter dated March 15, 1995. In addition, the Governor of
Montana submitted revisions to the local open burning regulations and
other minor administrative amendments on May 13, 1996.
(i) Incorporation by reference.
(A) Board order issued on December 16, 1994 by the Montana Board of
Health and Environmental Sciences adopting stipulation of the Montana
Department of Health and Environmental Sciences and Stimson Lumber
Company.
(B) Board order issued December 16, 1994 by the Montana Board of
Health and Environmental Sciences adopting the PM10
contingency measures as part of the Libby air pollution control program.
(C) Board order issued on February 1, 1996 by the Montana Board of
Environmental Review approving amendments to the Libby Air Pollution
Control Program.
(D) Lincoln Board of Commissioners Resolution No. 377, signed
September 27, 1995, and Libby City Council Ordinance No. 1507, signed
November 20, 1995, adopting revisions to the Lincoln County Air
Pollution Control Program, Sections 75.1.103 through 75.1.719.
(E) Lincoln County Air Pollution Control Program, Sections 75.1.101
through 75.1.719, effective December 21, 1995.
(45) [Reserved]
(46) The Governor of Montana submitted sulfur dioxide SIP revisions
for Billings/Laurel on September 6, 1995, August 27, 1996, April 2, 1997
and July 29, 1998. On March 24, 1999, the Governor submitted a
commitment to revise the SIP.
(i) Incorporation by Reference.
(A) Board Order issued on June 12, 1998, by the Montana Board of
Environmental Review adopting and incorporating the stipulation of the
Montana Department of Environmental Quality and Cenex Harvest
Cooperatives, including the stipulation and exhibit A and attachments to
exhibit A, except for the following:
(1) Paragraph 20 of the stipulation;
(2) Section 3(A)(1)(d) of exhibit A;
(3) The following phrase from section 3(B)(2) of exhibit A: ``except
that those sour water stripper overheads may be burned in the main crude
heater (and exhausted through the main crude heater stack) or in the
flare during periods when the FCC CO boiler is unable to burn the sour
water stripper overheads from the ``old'' SWS, provided that such
periods do not exceed 55 days per calendar year and 65 days for any two
consecutive calendar years.'';
(4) Section 4(B) of exhibit A;
(5) Section 4(D) of exhibit A; and
[[Page 391]]
(6) Method 6A of attachment 2 of exhibit A.
(B) Board Order issued on June 12, 1998, by the Montana Board of
Environmental Review adopting and incorporating the stipulation of the
Montana Department of Environmental Quality and Conoco, Inc., including
the stipulation and exhibit A and attachments to exhibit A, except for
paragraph 20 of the stipulation.
(C) Board Order issued on June 12, 1998, by the Montana Board of
Environmental Review adopting and incorporating the stipulation of the
Montana Department of Environmental Quality and Exxon Company, USA,
including the stipulation and exhibit A and attachments to exhibit A,
except for the following:
(1) Paragraphs 1 and 22 of the stipulation;
(2) Section 2(A)(11)(d) of exhibit A;
(3) Sections 3(A)(1) and (2) of exhibit A;
(4) Sections 3(B)(1), (2) and (3) of exhibit A;
(5) The following phrase from section 3(E)(4) of exhibit A: ``except
that the sour water stripper overheads may be burned in the F-1 Crude
Furnace (and exhausted through the F-2 Crude/Vacuum Heater stack) or in
the flare during periods when the FCC CO Boiler is unable to burn the
sour water stripper overheads, provided that: (a) such periods do not
exceed 55 days per calendar year and 65 days for any two consecutive
calendar years, and (b) during such periods the sour water stripper
system is operating in a two tower configuration.'';
(6) Sections 4(B), (C), and (E) of exhibit A;
(7) Section 6(B)(3) of exhibit A; and
(8) method 6A of attachment 2 of exhibit A.
(D) Board Order issued on June 12, 1998, by the Montana Board of
Environmental Review adopting and incorporating the stipulation of the
Montana Department of Environmental Quality and Montana Power Company,
including the stipulation and exhibit A and attachments to exhibit A,
except for paragraph 20 of the stipulation.
(E) Board Order issued on June 12, 1998, by the Montana Board of
Environmental Review adopting and incorporating the stipulation of the
Montana Department of Environmental Quality and Montana Sulphur &
Chemical Company, including the stipulation and exhibit A and
attachments to the exhibit A, except for paragraphs 1, 2 and 22 of the
stipulation, and sections 3(A)(1)(a) and (b), 3(A)(3), 3(A)(4) and
6(B)(3) of exhibit A. (EPA is approving section 3(A)(2) of exhibit A for
the limited purpose of strengthening the SIP. In 40 CFR 52.1384(d)(2),
we are also disapproving section 3(A)(2) of exhibit A because section
3(A)(2) does not fully meet requirements of the Clean Air Act.)
(F) Board Order issued on June 12, 1998, by the Montana Board of
Environmental Review adopting and incorporating the stipulation of the
Montana Department of Environmental Quality and Western Sugar Company,
including the stipulation and exhibit A and attachments to exhibit A,
except for paragraph 20 of the stipulation.
(G) Board Order issued on June 12, 1998, by the Montana Board of
Environmental Review adopting and incorporating the stipulation of the
Montana Department of Environmental Quality and Yellowstone Energy
Limited Partnership, including the stipulation and exhibit A and
attachments to exhibit A, except for paragraph 20 of the stipulation and
section 3(A)(1) through (3) of exhibit A.
(ii) Additional material.
(A) All portions of the September 6, 1995 Billings/Laurel SO2 SIP
submittal other than the board orders, stipulations, exhibit A's and
attachments to exhibit A's.
(B) All portions of the August 27, 1996 Billings/Laurel SO2 SIP
submittal other than the board orders, stipulations, exhibit A's and
attachments to exhibit A's.
(C) All portions of the April 2, 1997 Billings/Laurel SO2 SIP
submittal other than the board orders, stipulations, exhibit A's and
attachments to exhibit A's.
(D) All portions of the July 29, 1998 Billings/Laurel SO2 SIP
submittal, other than the following: The board orders, stipulations,
exhibit A's and attachments to exhibit A's, and any
[[Page 392]]
other documents or provisions mentioned in paragraph (c)(46)(i) of this
section.
(E) April 28, 1997 letter from Mark Simonich, Director, Montana
Department of Environmental Quality, to Richard R. Long, Director, Air
Program, EPA Region VIII.
(F) January 30, 1998 letter from Mark Simonich, Director, Montana
Department of Environmental Quality, to Richard R. Long, Director, Air
Program, EPA Region VIII.
(G) August 11, 1998 letter from Mark Simonich, Director, Montana
Department of Environmental Quality, to Kerrigan G. Clough, Assistant
Regional Administrator, EPA Region VIII.
(H) September 3, 1998 letter from Mark Simonich, Director, Montana
Department of Environmental Quality, to Richard R. Long, Director, Air
Program, EPA Region VIII.
(I) March 24, 1999 commitment letter from Marc Racicot, Governor of
Montana, to William Yellowtail, EPA Regional Administrator.
(J) May 20, 1999 letter from Mark Simonich, Director, Montana
Department of Environmental Quality, to Richard R. Long, Director, Air
and Radiation Program, EPA Region VIII.
(47) On August 26, 1999, the Governor of Montana submitted
Administrative Rules of Montana Sub-Chapter 13, ``Conformity'' that
incorporates conformity consultation requirements implementing 40 CFR
Part 93, Subpart A into State regulation.
(i) Incorporation by reference.
(A) Administrative Rules of Montana 17.8.1301, 17.8.1305, 17.8.1306,
17.8.1310 through 17.8.1313, effective June 4, 1999; and 17.8.1304
effective August 23, 1996.
(48) The Governor of Montana submitted revisions to the Missoula
County Air Quality Control Program with a letter dated November 14,
1997. The revisions address general definitions, open burning, and
criminal penalties.
(i) Incorporation by reference.
(A) Board order issued on October 31, 1997 by the Montana Board of
Environmental Review approving the amendments to Missoula County Air
Quality Control Program Chapters IX and XII regarding general
definitions, open burning, and criminal penalties.
(B) Missoula County Air Quality Control Program, Chapter IX, Rule
701, General Definitions, effective October 31, 1997.
(C) Missoula County Air Quality Control Program, Chapter IX, Rules
1301-1311, regarding open burning, effective October 31, 1997.
(D) Missoula County Air Quality Control Program, Chapter XII,
Criminal Penalties, effective October 31, 1997.
(49) On September 19, 1997, December 10, 1997, April 14, 1999,
December 6, 1999 and March 3, 2000, the Governor submitted a
recodification and revisions to the Administrative Rules of Montana. EPA
is replacing in the SIP all of the previously approved Montana air
quality regulations except that the Kraft Pulp Mill Rule, ARM 16.8.1413,
effective December 31, 1972, and Stack Heights and Dispersion Techniques
Rule, ARM 16.8.1204-1206, effective June 13, 1986, with those
regulations listed in paragraph (c)(49)(i)(A) of this section. The Kraft
Pulp Mill Rule, ARM 16.8.1413, effective December 31, 1972, and Stack
Heights and Dispersion Techniques Rule, ARM 16.8.1204-1206, effective
June 13, 1986 remain a part of the SIP. In addition, the Governor
submitted Yellowstone County's Local Regulation No. 002--Open Burning.
(i) Incorporation by reference.
(A) Administrative Rule of Montana (ARM) Table of Contents; section
17.8.101, effective 6/26/98; sections 17.8.102-103, effective 10/8/99;
section 17.8.105, effective 8/23/96; section 17.8.106, effective 10/8/
99, sections 17.8.110-111, effective 8/23/96; sections 17.8.130-131,
effective 8/23/96; sections 17.8.140-142, effective 8/23/96; section
17.8.301, effective 8/23/96; section 17.8.302, effective 10/8/99;
section 17.8.304 (excluding 17.8.304(4)(f)), effective 8/23/96; section
17.8.308, effective 8/23/96; section 17.8.309 (excluding
17.8.309(5)(b)), effective 8/23/96; section 17.8.310 (excluding
17.8.310(3)(e)), effective 8/23/96; section 17.8.316, effective 8/23/96;
section 17.8.320, effective 8/23/96; sections 17.8.322-323, effective 8/
23/96; section 17.8.324 (excluding 17.8.324(1)(c) and (2)(d)), effective
8/23/96; sections 17.8.325-326, effective 8/23/96; sections 17.8.330-
334, effective 8/23/96; section 17.8.601, effective 7/23/99; section
17.8.602, effective 9/9/97; sections
[[Page 393]]
17.8.604-605, effective 8/23/96; section 17.8.606, effective 7/23/99;
sections 17.8.610-613, effective 7/23/99; section 17.8.614-615,
effective 8/23/96; section 17.8.701 (excluding 17.8.701(10)), effective
8/23/96; section 17.8.702 (excluding 17.8.702(1)(f)), effective 9/9/97;
section 17.8.704, effective 8/23/96; section 17.8.705 (excluding
17.8.705(1)(q)) effective 8/23/96; sections 17.8.706-707, effective 8/
23/96; section 17.8.710, effective 8/23/96; sections 17.8.715-717,
effective 8/23/96; section 17.8.720, effective 8/23/96; sections
17.8.730-732, effective 8/23/96; section 17.8.733 (excluding
17.8.733(1)(c)), effective 8/23/96; section 17.8.734, effective 8/23/96;
section 17.8.801, effective 6/26/98; section 17.8.802, effective 9/9/97;
sections 17.8.804-809, effective 8/23/96; sections 17.8.818-828,
effective 8/23/96; section 17.8.901, effective 6/26/98; section
17.8.902, effective 9/9/97; sections 17.8.904-906, effective 8/23/96;
section 17.8.1001, effective 8/23/96; section 17.8.1002, effective 9/9/
97; sections 17.8.1004-1007, effective 8/23/96; section 17.8.1101,
effective 8/23/96; section 17.8.1102, effective 9/9/97; section
17.8.1103, effective 8/23/96; and sections 17.8.1106-1111, effective 8/
23/96.
(B) April 27, 2000 letter from Debra Wolfe, Montana Department of
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection
Agency, Region 8.
(C) Board Order issued on September 24, 1999, by the Montana Board
of Environmental Review approving the Yellowstone County Air Pollution
Control Program.
(D) Yellowstone County Air Pollution Control Program, Regulation No.
002 Open Burning, effective September 24, 1999.
(E) March 6, 2001 letter from Robert Habeck, Montana Department of
Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the
effective date of the Yellowstone County Air Pollution Control Program
Regulation No. 002 Open Burning.
(F) Previously approved in paragraph (c)(49)(i)(A) under Subchapter
7: Permit, Construction, and Operation of Air Contaminant Sources. These
sections are now deleted without replacement: ARM 17.8.701, Definitions;
ARM 17.8.702, Incorporation by Reference (excluding 17.8.702(1)(f)); ARM
17.8.704, General Procedures for Air Quality Preconstruction Permitting;
17.8.705, When Permit Required-Exclusions; 17.8.706, New or Altered
Sources and Stacks-Permit Application Requirements; 17.8.707 Waivers;
17.8.710, Conditions for Issuance of Permit; 17.8.715, Emission Control
Requirements; 17.8.716, Inspection of Permit; 17.8.717, Compliance with
Other Statutes and Rules; 17.8.720, Public Review of Permit
Applications; 17.8.730, Denial of Permit; 17.8.731, Duration of Permit;
17.8.732, Revocation of Permit; 17.8.733, Modification of Permit;
17.8.734, Transfer of Permit, as adopted by Montana on 12/9/1996 and
effective 12/27/2002.
(ii) Additional Material.
(A) April 5, 2000 letter from Debra Wolfe, Montana Department of
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection
Agency, Region 8.
(B) February 14, 2001 letter from Don Vidrine, Montana Department of
Environmental Quality, to Dick Long, U.S. Environmental Protection
Agency, Region 8.
(50) On February 9, 2001, the Governor of Montana submitted
revisions to Montana's Emergency Episode Avoidance Plan and Cascade
County Air Pollution Control Program Regulation Chapter 7, Open Burning.
(i) Incorporation by reference.
(A) Board Order issued on October 16, 2000, by the Montana Board of
Environmental Review approving the Cascade County Air Pollution Control
Program.
(B) Cascade County Air Pollution Control Program, Regulation Chapter
7, Open Burning, effective October 16, 2000.
(C) March 16, 2001 letter from Debra Wolfe, Montana Department of
Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the
effective date of the Cascade County Air Pollution Control Program
Regulation Chapter 7, Open Burning.
(51) The Governor of Montana submitted the East Helena Lead SIP
revisions with letters dated August 16, 1995, July 2, 1996, and October
20, 1998. The revisions address regulating lead emission from Asarco,
American Chemet and re-entrained road dust from the streets of East
Helena. The revisions supersede the Lead Plan submitted to
[[Page 394]]
EPA on September 29, 1983 (see paragraph (c)(15) of this section).
(i) Incorporation by Reference.
(A) Board order issued on August 28, 1998, by the Montana Board of
Environmental Review adopting and incorporating the August 13, 1998
stipulation of the Montana Department of Environmental Quality and
Asarco.
(B) Board order issued on June 26, 1996, by the Montana Board of
Environmental Review adopting and incorporating the June 11, 1996
stipulation of the Montana Department of Environmental Quality and
Asarco including exhibit A and attachments to the stipulation, excluding
paragraphs 15 and 16 of the stipulation, and excluding the following:
(1) The words, ``or an equivalent procedure'' in the second and
third sentences in section 2(A)(22) of exhibit A;
(2) The words, ``or an equivalent procedure'' in the second and
third sentences in section 2(A)(28) of exhibit A;
(3) The words, ``or an equivalent procedure'' in the second sentence
in section 5(G) of exhibit A;
(4) The sentence, ``Any revised documents are subject to review and
approval by the Department as described in section 12,'' from section
6(E) of exhibit A;
(5) The words, ``or a method approved by the Department in
accordance with the Montana Source Testing Protocol and Procedures
Manual shall be used to measure the volumetric flow rate at each
location identified,'' in section 7(A)(2) of exhibit A;
(6) The sentence, ``Such a revised document shall be subject to
review and approval by the Department as described in section 12,'' in
section 11(C) of exhibit A;
(7) The sentences, ``This revised Attachment shall be subject to the
review and approval procedures outlined in section 12(B). The Baghouse
Maintenance Plan shall be effective only upon full approval of the plan,
as revised. This approval shall be obtained from the Department by
January 6, 1997. This deadline shall be extended to the extent that the
Department has exceeded the time allowed in section 12(B) for its review
and approval of the revised document,'' in section 12(A)(7) of exhibit
A;
(8) Section 12(B) of exhibit A.
(C) Board order issued on August 4, 1995, by the Montana Board of
Environmental Review adopting and incorporating the June 30, 1995
stipulation of the Montana Department of Environmental Quality and
American Chemet including exhibit A to the stipulation, excluding
paragraph 20 of the stipulation.
(ii) Additional material.
(A) All portions of the August 16, 1995 East Helena Pb SIP submitted
other than the orders, stipulations and exhibit A's and attachments to
the stipulations.
(B) All portions of the July 2, 1996 East Helena Pb SIP submitted
other than the orders, stipulations and exhibit A's and attachments to
the stipulations.
(C) All portions of the October 20, 1998 East Helena Pb SIP
submitted other than the orders, stipulations and exhibit A's and
attachments to the stipulations.
(D) November 16, 1999 letter from Art Compton, Division
Administrator, Planning, Prevention and Assistance Division, Montana
Department of Environmental Quality, to Richard R. Long, Director, Air
and Radiation Program, EPA Region VIII.
(E) September 9, 1998 letter from Richard A. Southwick, Point Source
SIP Coordinator, Montana Department of Environmental Quality, to Richard
R. Long, Director, Air and Radiation Program, EPA Region VIII.
(52) The Governor of Montana submitted sulfur dioxide
(SO2) SIP revisions for Billings/Laurel on July 29, 1998 and
May 4, 2000. EPA is approving some of the provisions of the July 29,
1998 submittal that it did not approve before. The May 4, 2000 submittal
revises some previously approved provisions of the Billings/Laurel
SO2 SIP and adds new provisions.
(i) Incorporation by reference.
(A) Sections 3(B)(2) and 4(D) (excluding ``or the flare'' and ``or
in the flare'' in both sections), 3(A)(1)(d) and 4(B) of Cenex Harvest
States Cooperatives' exhibit A to the stipulation between the Montana
Department of Environmental Quality and Cenex Harvest States
Cooperatives, adopted June 12,
[[Page 395]]
1998 by Board Order issued by the Montana Board of Environmental Review.
(B) Board Order issued March 17, 2000 by the Montana Board of
Environmental Review adopting and incorporating the February 14, 2000
stipulation between the Montana Department of Environmental Quality and
Cenex Harvest States Cooperatives. This stipulation revises attachment
2 to Cenex Harvest States Cooperatives' exhibit A to require the use of
method 6A-1.
(C) Sections 3(E)(4) and 4(E) (excluding ``or in the flare'' and
``or the flare'' in both sections), 3(A)(2), 3(B)(2), 3(B)(3), 4(B) and
6(B)(3) of Exxon's exhibit A to the stipulation between the Montana
Department of Environmental Quality and Exxon, adopted June 12, 1998 by
Board Order issued by the Montana Board of Environmental Review.
(D) Board Order issued March 17, 2000, by the Montana Board of
Environmental Review adopting and incorporating the February 14, 2000
stipulation between the Montana Department of Environmental Quality and
Exxon Mobil Corporation. The stipulation adds the following to Exxon
Mobil Corporation's exhibit A: method 6A-1 of attachment 2 and
sections 2(A)(11)(d), 4(C), 7(B)(1)(j) and 7(C)(1)(l). The stipulation
revises the following sections of Exxon Mobil Corporation's exhibit A: 3
(introductory text only), 3(A) (introductory text only), 3(A)(1), 3(B)
(introductory text only), 3(B)(1), 3(E)(3), 6(B)(7), 7(B)(1)(d),
7(C)(1)(b), 7(C)(1)(d), and 7(C)(1)(f).
(E) Board Order issued on March 17, 2000, by the Montana Board of
Environmental Review adopting and incorporating the February 14, 2000
stipulation between the Montana Department of Environmental Quality and
Yellowstone Energy Limited Partnership (YELP). The stipulation revises
the following sections of YELP's exhibit A: sections 3(A)(1) through (3)
and 7(C)(1)(b).
(53) The Governor of Montana submitted minor revisions to Asarco's
control strategy in the East Helena Lead SIP on November 27, 2000.
(i) Incorporation by reference.
(A) Board order issued on September 15, 2000, by the Montana Board
of Environmental Review adopting and incorporating the stipulation of
the Montana Department of Environmental Quality and Asarco dated July
18, 2000. The July 18, 2000 stipulation revises the following sections
in the previously adopted exhibit A to the stipulation: 1(B(4), 1(B)(5),
3(A)(3), 3(A)(4), 3(A)(12)(a), 3(A)(12)(i), 3(A)(12)(m), 3(A)(12)(o),
3(A)(12)(p), 3(A)(12)(q), 3(A)(12)(r), 3(A)(16)(a), 5(D)(1), 5(D)(2),
5(G)(4), 8(A),(2), 8(A)(3), 9(B)(2), and 9(B)(3). These revisions, which
became effective on September 15, 2000, replace the same-numbered
sections in previously approved SIP revisions.
(54) The Governor of Montana submitted revisions to the Missoula
City-County Air Pollution Control Program with a letter dated April 30,
2001. The revisions completely replace the previous version of the
program regulations in the SIP.
(i) Incorporation by reference.
(A) November 17, 2000 Montana Board of Environmental Review order
approving revisions to the Missoula City-County Air Pollution Control
Program regulations.
(B) Missoula City-County Air Pollution Control Program regulations
as follows: Chapter 1, Program Authority and Administration; Chapter 2,
Definitions; Chapter 3, Failure To Attain Standards; Chapter 4, Missoula
County Air Stagnation and Emergency Episode Avoidance Plan; Chapter 5,
General Provisions, Rules 5.101-5.103, 5.105-5.106, and 5.112; Chapter
6, Standards for Stationary Sources, Subchapter 1, Air Quality Permits
for Air Pollutant Sources, Rules 6.101-6.103 and 6.105-6.109, Subchapter
5, Emission Standards, Rules 6.501-6.504, Subchapter 6, Incinerators,
Rules 6.601-6.604, and Subchapter 7, Wood Waste Burners, Rules 6.701-
6.703; Chapter 7, Outdoor Burning; Chapter 8, Fugitive Particulate;
Chapter 9, Solid Fuel Burning Devices; Chapter 10, Fuels; Chapter 11,
Motor Vehicles; Chapter 14, Enforcement and Administrative Procedures;
Chapter 15, Penalties; Appendix A, Maps; Appendix B, Missoula's
Emergency Episode Avoidance Plan Operations and Procedures; and Appendix
D, Oxygenated Fuels Program Sampling Requirements for Blending
Facilities, effective November 17, 2000.
[[Page 396]]
(55) On April 30, 2001, May 21, 2001 and December 20, 2001, the
Governor of Montana submitted revisions to the Administrative Rules of
Montana. The State revised its Incorporation by Reference Rules and
repealed a Sulfur Oxide Emissions--Primary Copper Smelter rule (ARM
17.8.323). ARM 17.8.323, last incorporated by reference at 40 CFR
52.1370(c)(49)(i)(A), is removed from the SIP.
(i) Incorporation by reference.
(A) Administrative Rules of Montana (ARM) sections 17.8.102(1)(a),
(b), (c) and (d), effective 8/10/01; 17.8.103(1)(m), (n), (o), and (p),
effective 8/10/01; 17.8.302(1)(d), (e) and (f), effective 8/10/01;
17.8.602(1) and (2), effective 8/10/01; 17.8.702(1)(g), effective 8/10/
01; 17.8.902(1)(e), effective 8/10/01; and 17.8.1002(1)(e), effective 8/
10/01.
(B) Previously approved in paragraph (c)(55)(i)(A) under Subchapter
7: Permit Construction and Operation of Air Contaminant Sources. This
section is now deleted without replacement: ARM 17.8.702(1)(g),
Incorporation by Reference, as adopted by Montana on 7/20/2001 and
effective 12/27/2002.
(56) On August 26, 1999, the Governor of Montana submitted
Administrative Rules of Montana Sub-Chapter 14, ``Conformity of General
Federal Actions'' that incorporates conformity of general federal
actions to state or federal implementation plans, implementing 40 CFR
part 93, subpart B into State regulation.
(i) Incorporation by reference.
(A) Administrative Rules of Montana 17.8.1401, and 17.8.1402
effective June 4, 1999.
(57) [Reserved]
(58) On April 30, 2001, the Governor of Montana submitted a request
to add a credible evidence rule to the Administrative Rules of Montana
(ARM). ARM 17.8.132--``Credible Evidence'' has been approved into the
SIP.
(i) Incorporation by reference.
(A) ARM 17.8.132 effective December 8, 2000.
(59) On October 28, 2002, the Governor of Montana submitted
revisions to the Administrative Rules of Montana (ARM). The State
revised its Incorporation by Reference rules (ARM 17.8.102, 17.8.302)
and revised the definition of volatile organic compounds to incorporate
by reference the federal regulation (ARM 17.8.101, 17.8.801, 17.8.901).
Additional minor changes were made to ARM 17.8.401, 17.8.1005 and the
Yellowstone County Air Pollution Control Program Regulation No. 002.
(i) Incorporation by reference.
(A) Administrative Rules of Montana (ARM) sections 17.8.101(41),
17.8.102(a) and (d), 17.8.302(1)(f), 17.8.401(1)(b)(v), 17.8.801(29),
17.8.901(20) and 17.8.1005(6), effective 6/28/02.
(B) Yellowstone County Air Pollution Control Program, Regulation No.
002, (H)(4)(b)(i), effective June 7, 2002.
(60) On June 26, 1997, the Governor of Montana submitted the
Thompson Falls Air Pollution Control Plan and on June 13, 2000, the
Governor submitted revisions to the June 26, 1997, submittal. On
February 28, 1999, the Governor of Montana withdrew all chapters of the
Thompson Falls Air Pollution Control Plan submitted on June 26, 1997,
except chapters 45.2, 45.10.10, and 45.10.12. EPA is approving sections
45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air Pollution Control
Plan.
(i) Incorporation by reference.
(A) Board Order issued June 20, 1997, by the Montana Board of
Environmental Review, as reprinted in section 45.2.2 of the Thompson
Falls Air Pollution Control Plan. The Board Order adopts and
incorporates the May 1997 Maintenance Agreement Between the City of
Thompson Falls, Montana Department of Transportation, and Montana
Department of Environmental Quality which contains the control plan for
the attainment and maintenance of the PM-10 National Ambient Air Quality
Standards in the Thompson Falls area.
(B) May 1997 Maintenance Agreement between the City of Thompson
Falls, Montana Department of Transportation, and Montana Department of
Environmental Quality, as reprinted in section 45.2.1 of the Thompson
Falls Air Pollution Control Plan.
(ii) Additional Material.
(A) Sections 45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air
Pollution Control Plan.
(61) Revisions to State Implementation Plan were submitted by the
State
[[Page 397]]
of Montana on August 20, 2003. The revisions modify definitions and
references to federal regulations and other materials in the
Administrative Rules of Montana (ARM). The revisions also delete the
definition at ARM 17.8.101(43).
(i) Incorporation by reference.
(A) Administrative Rules of Montana (ARM) sections: ARM 17.8.101(2),
(8), (9), (12), (19), (20), (22), (23), (30), and (36); 17.8.102;
17.8.103(1); 17.8.110(2); 17.8.302(1); 17.8.801(1), (3), (4), (6), (20),
(21), (22), (24), (27) and (28); 17.8.802(1); 17.8.818(2), (3) and (6);
17.8.819(3); 17.8.821; 17.8.901(1), (11), (12) and (14); 17.8.902(1);
17.8.905(1)(c); and 17.8.1002(1) effective April 11, 2003.
(62) Revisions to State Implementation Plan were submitted by the
State of Montana on August 25, 2004. The revisions correct internal
references to state documents; correct references to, or update
citations of, Federal documents; and make minor editorial changes.
(i) Incorporation by reference.
(A) Administrative Rules of Montana (ARM) sections: ARM 17.8.130;
17.8.320(9); 17.8.801(22); 17.8.819; and 17.8.822, effective April 9,
2004.
(63) Revisions to State Implementation Plan were submitted by the
State of Montana on April 18, 2003. The revisions modify the open
burning rules and references to federal regulations in the
Administrative Rules of Montana.
(i) Incorporation by reference.
(A) Administrative Rules of Montana (ARM) sections: ARM
17.8.302(1)(f); 17.8.601(1), (7) and (10); 17.8.604(1) (except paragraph
604(1)(a)); 17.8.605(1); 17.8.606(3) and (4); 17.8.610(4); 17.8.612(4)
and (5); and 17.8.614(1), effective December 27, 2002.
(64) Revisions to State Implementation Plan were submitted by the
State of Montana on October 25, 2005. The revisions are to the
Administrative Rules of Montana and: update the citations and references
to federal documents and addresses where copies of documents can be
obtained; and delete the definition of ``public nuisance'' from Sub-
Chapter 1 and the definitions of ``animal matter'' and ``reduction''
from Sub-Chapter 3.
(i) Incorporation by reference.
(A) Administrative Rules of Montana (ARM) sections: ARM 17.8.102(1),
17.8.103(3) and (4); 17.8.302(2), (3) and (4); 17.8.602(2), (3) and (4);
.17.8.802(2), (3), (4) and (5); 17.8.902(2), (3), (4) and (5);
17.8.1002(2), (3), (4) and (5); and 17.8.1102(2), (3) and (4), effective
June 17, 2005.
(65) On June 28, 2000, the Governor of Montana submitted to EPA
revisions to the Montana State Implementation Plan. The revisions add
definitions for PM and PM2.5, ARM 17.8.101(31) and (32)
respectively, and revise ARM 17.8.308(4) and ARM 17.8.320(6) through
editorial amendments making the rule more concise and consistent with
the language in all applicable rules.
(i) Incorporation by reference. Administrative Rules of Montana
(ARM) sections: ARM 17.8.101(31) and (32); 17.8.308(4) introductory
text, and 17.8.308(4)(b) and (c); and 17.8.320(6). March 31, 2000 is the
effective date of these revised rules effective March 31, 2000.
(ii) Additional Material. April 16, 2007 letter by the Governor of
Montana rescinding its statement of certification regarding the 1997
NAAQS as submitted in June 28, 2000.
(66) On June 26, 1997, the Governor of Montana submitted the
Whitefish OM10 Control Plan and on June 13, 2000, the
Governor submitted revisions to the June 26, 1997 submittal. On February
28, 1999, the Governor of Montana withdrew all sections of the Whitefish
PM10 Control Plan submitted on June 26, 1997, except sections
15.2.7, 15.12.8, and 15.12.10. EPA is approving sections 15.2.7,
15.12.8, and 15.12.10 of the Whitefish PM10 Control Plan.
(i) Incorporation by reference.
(A) Sections 15.2.7, 15.12.8, and 15.12.10 of the Whitefish
PM10 Control Plan.
(ii) Additional Material.
(A) Flathead County Air Pollution Control Program as of June 20,
1997.
(67) On December 8, 1997, May 28, 2003, and August 25, 2004, the
Governor of Montana submitted revisions to the Montana State
Implementation Plan. The December 8, 1997 submittal adds subsection (6)
to Administrative Rules of Montana (ARM) section 17.8.316
(Incinerators); the August 25, 2004 submittal makes a minor revision to
ARM
[[Page 398]]
17.8.316(5); and, the May 28, 2003 submittal makes minor editorial
revisions to ARM 17.8.316(6).
(i) Incorporation by reference. Administrative Rules of Montana
(ARM) section 17.8.316, Incinerators, effective April 9, 2004.
(ii) Additional Material.
(A) October 2, 2007 Letter from MT DEQ to EPA regarding NSPS/MACT
compliance.
(68) Revisions to the State Implementation plan which were submitted
by the State of Montana on November 1, 2006 and November 20, 2007. The
revisions are to the Administrative Rules of Montana; they make minor
editorial and grammatical changes, update the citations and references
to federal and state laws and regulations, make other minor changes to
conform to federal regulations, and update links to sources of
information.
(i) Incorporation by reference.
(A) Administrative Rules of Montana (ARM) section 17.8.101,
Definitions; effective August 11, 2006.
(B) Administrative Rules of Montana (ARM) sections: 17.8.102,
Incorporation by Reference--Publication Dates; 17.8.103, Incorporation
by Reference and Availability of Referenced Documents; 17.8.302(1)(d),
Incorporation by Reference; 17.8.602, Incorporation by Reference;
17.8.801, Definitions; 17.8.818, Review of Major Stationary Sources and
Major Modifications--Source Applicability and Exemptions; 17.8.901,
Definitions; 17.8.1007, Baseline for Determining Credit for Emissions
and Air Quality Offsets; and, 17.8.1102, Incorporation by Reference; all
effective October 26, 2007.
(69) Revisions to the State Implementation Plan which were submitted
by the State of Montana on January 16, 2009 and May 4, 2009. The
revisions are to the Administrative Rules of Montana; they make minor
editorial and grammatical changes, update the citations and references
to Federal laws and regulations, and make other minor changes to conform
to federal regulations.
(i) Incorporation by reference.
(A) Administrative Rules of Montana (ARM) sections 17.8.102
Incorporation by Reference--Publication Dates, 17.8.301 Definitions,
17.8.901 Definitions, and 17.8.1007 Baseline for Determining Credit for
Emissions and Air Quality Offsets, effective October 24, 2008.
(B) Administrative Rules of Montana (ARM) section 17.8.308
Particulate Matter, Airborne, effective February 13, 2009.
(70) On May 28, 2003, March 9, 2004, October 25, 2005 and October
16, 2006, the State of Montana submitted revisions to its State
Implementation Plan (SIP) that contained new, revised, amended and
repealed rules pertaining to the issuance of Montana air quality permits
in addition to minor administrative changes to other subchapters of the
Administrative Rules of Montana (ARM).
(i) Incorporation by reference.
(A) Letter from David L. Klemp, Montana State Air Director, to
Deborah Lebow Aal, Acting Air Program Director, dated April 29, 2011.
For certain sections, the following incorporates by reference official
State of Montana publications of the Administrative Rules of Montana
that are dated after the effective date shown in the incorporation by
reference for each section. In these instances, the official publication
provides a history for the section showing the last effective date of a
change. For each of these sections, the last effective date of a change
matches the effective date of the section, showing that the official
publication reflects the text of the section as of the effective date
shown in the following incorporation by reference. The sections, their
effective dates, and the date of the publication are as follows: ARM
17.8.825, effective 12/27/2002, publication 9/30/2006; ARM 17.8.826,
effective 12/27/2002, publication 9/30/2006; ARM 17.8.906, effective 12/
27/2002, publication 6/30/2003; ARM 17.8.740, effective 12/27/2002,
publication 9/30/2006; ARM 17.8.744, effective 12/27/2002, publication
12/31/2005; ARM 17.8.752, effective 12/27/2002, publication 6/30/2006;
ARM 17.8.755, effective 12/27/2002, publication 6/30/2006; ARM 17.8.756,
effective 12/27/2002, publication 6/30/2006; ARM 17.8.767, effective 12/
27/2002, publication 3/31/2004; ARM 17.8.749, effective 10/17/2003,
publication 6/30/2006; ARM 17.8.759, effective 10/17/2003, publication
12/31/2003; ARM 17.8.763, effective 10/17/2003, publication 6/30/2006;
ARM 17.8.764, effective 10/17/2003, publication 6/30/2006;
[[Page 399]]
ARM 17.8.602, effective 6/17/2005, publication 3/31/2007; ARM 17.8.767,
effective 6/17/2005, publication 6/30/2006; ARM 17.8.802, effective 6/
17/2005, publication 12/31/2005; ARM 17.8.1102, effective 6/17/2005,
publication 3/31/2007; ARM 17.8.759, effective 12/23/2005, publication
9/30/2006.
(B) ARM submission dated May 28, 2003.
(1) The following provisions of the ARM are amended effective 12/27/
2002: 17.8.101, Definitions, (4) ``Air quality preconstruction
permit,''; 17.8.110, Malfunctions, (7), (8), and (9); 17.8.818, Review
of Major Stationary Sources and Major Modifications--Source
Applicability and Exemptions, (1); 17.8.825, Sources Impacting Federal
Class I Areas--Additional Requirements, (3); 17.8.826, Public
Participation; 17.8.904, When Montana Air Quality Permit Required;
17.8.905, Additional Conditions of Montana Air Quality Permit, (1) and
(4); 17.8.906, Baseline for Determining Credit for Emissions and Air
Quality Offsets; 17.8.1004, When Montana Air Quality Permit Required;
17.8.1005, Additional Conditions of Montana Air Quality Permit, (1), (2)
and (5); 17.8.1106, Visibility Impact Analysis; 17.8.1109, Adverse
Impact and Federal Land Manager.
(2) The following new provisions of the ARM are effective 12/27/
2002: 17.8.740, Definitions, (except for the phrase in 17.8.740(2)
``includes a reasonable period of time for startup and shakedown and'';
the phrase in 17.8.740(8)(a) ``, except when a permit is not required
under ARM 17.8.745''; the phrase in 17.8.740(8)(c) ``, except as
provided in ARM 17.8.745''; 17.8.740(10) ``Negligible risk to the public
health, safety, and welfare and to the environment''; and 17.8.740(14)
``Routine Maintenance, repair, or replacement''); 17.8.743, Montana Air
Quality Permits--When Required, (except the phrase in 17.8.743(1) ``and
17.8.745,'', the phrase in 17.8.743(1)(b) ``asphalt concrete plants,
mineral crushers, and'', and 17.8.743(1)(c)); 17.8.744, Montana Air
Quality Permits--General Exclusions; 17.8.748, New or Modified Emitting
Units--Permit Application Requirements; 17.8.749, Conditions For
Issuance or Denial of Permit, (1), (3), (4), (5), (6), and (8);
17.8.752, Emission Control Requirements; 17.8.755, Inspection of Permit;
17.8.756, Compliance with Other Requirements; 17.8.759, Review of Permit
Applications, (1) through (3); 17.8.760, Additional Review of Permit
Applications; 17.8.762, Duration of Permit; 17.8.763, Revocation of
Permit, (1) and (4); 17.8.764, Administrative Amendment to Permit, (1)
(except for the phrase in 17.8.764(1)(b) ``unless the increase meets the
criteria in ARM 17.8.745 for a de minimis change not requiring a permit,
or''), (2) and (3); 17.8.765, Transfer of Permit; 17.8.767,
Incorporation by Reference, (1)(a) through (c).
(C) ARM submission dated March 09, 2004.
(1) The following provisions of the ARM are amended effective 10/17/
2003: 17.8.749, Conditions For Issuance or Denial of Permit, (7);
17.8.759, Review of Permit Applications; 17.8.763, Revocation of Permit,
(2) and (3); 17.8.764, Administrative Amendment to Permit, (2) and (3).
(D) ARM submission dated October 25, 2005.
(1) The following provisions of the ARM are amended effective 6/17/
2005: 17.8.102, Incorporation by Reference--Publication Dates; 17.8.103,
Incorporation by Reference and Availability of Referenced Documents;
17.8.302, Incorporation by Reference; 17.8.602, Incorporation by
Reference; 17.8.767, Incorporation by Reference, (1)(d) through (g),
(2), (3), and (4); 17.8.802, Incorporation by Reference; 17.8.902,
Incorporation by Reference; 17.8.1002, Incorporation by Reference;
17.8.1102, Incorporation by Reference.
(E) ARM submission dated October 16, 2006.
(1) The following provisions of the ARM are amended effective 12/23/
2005: 17.8.759, Review of Permit Applications, (4) through (6).
(71) The Governor of Montana submitted revisions, reordering and
renumbering to the Libby County Air Pollution Control Program in a
letter dated June 26, 2006. The revised Lincoln County regulations focus
on woodstove emissions, road dust, and outdoor burning emissions.
(i) Incorporation by reference.
(A) Before the Board of Environmental Review of the State of Montana
order issued on March 23, 2006, by the Montana Board of Environmental
Review approving amendments to the Libby Air Pollution Control Program.
[[Page 400]]
(B) Libby City Council Resolution No. 1660 signed February 27, 2006
and Lincoln County Board of Commissioners Resolution No. 725 signed
February 27, 2006, adopting revisions, reordering and renumbering to the
Lincoln County Air Pollution Control Program, Health and Environment
Regulations, Chapter 1--Control on Air Pollution, Subchapter 1--General
Provisions; Subchapter 2--Solid Fuel Burning Device Regulations;
Subchapter 3--Dust Control Regulations; Subchapter 4--Outdoor Burning
Regulations; as revised on February 27, 2006.
(ii) Additional Material.
(A) Stipulation signed October 7, 1991, between the Montana
Department of Health and Environmental Sciences (MDHES), the County of
Lincoln and the City of Libby, which delineates responsibilities and
authorities between the MDHES, Lincoln County and Libby.
(72) On May 28, 2003 the State of Montana submitted revisions to the
Administrative Rules of Montana (ARM), 17.8.740, Definitions; 17.8.743,
Montana Air Quality Permits--When Required; and 17.8.764, Administrative
Amendment to Permit. On June 25, 2010, the State of Montana submitted
revisions to the ARM, 17.8.745, Montana Air Quality Permits--Exclusion
for De Minimis Changes.
(i) Incorporation by reference.
(A) Administrative Rules of Montana, 17.8.740, Definitions, ARM
17.8.740(8)(a) only, the phrase ``, except when a permit is not required
under ARM 17.8.745'' and ARM 17.8.740(8)(c) only, the phrase ``, except
as provided in ARM 17.8.745''; 17.8.743, Montana Air Quality Permits--
When Required, (except the phrase in 17.8.743(1)(b), ``asphalt concrete
plants, mineral crushers, and'', and 17.8.743(1)(c) in its entirety);
and 17.8.764, Administrative Amendment to Permit; effective 12/27/2002.
(B) Administrative Rules of Montana, 17.8.745, Montana Air Quality
Permits--Exclusion for De Minimis Changes, effective 5/28/2010.
(73) On September 23, 2011, the State of Montana submitted new rules
to the Administrative Rules of Montana (ARM). The submittal included new
rules to ARM Chapter 17. The incorporation by reference in paragraphs
(i)(A) and (i)(B) reflect the new rules.
(i) Incorporation by reference.
(A) Administrative Rules of Montana: 17.8.1601, Definitions;
17.8.1602, Applicability and Coordination with Montana Air Quality
Permit Rules; 17.8.1603, Emission Control Requirements; 17.8.1604,
Inspection and Repair Requirements; 17.8.1605, Recordkeeping
Requirements; 17.8.1606, Delayed Effective Date; effective January 1,
2006.
(B) Administrative Rules of Montana: 17.8.1701, Definitions;
17.8.1702, Applicability; 17.8.1703, Registration Process and
Information; 17.8.1704, Registration Fee; 17.8.1705, Operating
Requirements: Facility-wide; 17.8.1710, Oil or Gas Well Facilities
General Requirements; 17.8.1711, Oil or Gas Well Facilities Emission
Control Requirements; 17.8.1712, Oil or Gas Well Facilities Inspection
and Repair Requirements; 17.8.1713, Oil or Gas Well Facilities
Recordkeeping and Reporting Requirements; effective April 7, 2006.
(74) On June 4, 2013 the State of Montana submitted revisions to the
Administrative Rules of Montana (ARM), Air Quality, Subchapter 8,
Prevention of Significant Deterioration of Air Quality, 17.8.801,
Definitions, and 17.8.818, Review of Major Stationary Sources and Major
Modifications--Source Applicability and Exemptions.
(i) Incorporation by reference
(A) Administrative Rules of Montana, Air Quality, Subchapter 8,
Prevention of Significant Deterioration of Air Quality, 17.8.801,
Definitions, (20) introductory text, (20)(a); (22) introductory text,
(22)(b); (25); (28) introductory text, (28)(a), except for the phrase
``nitrogen oxides (NOx)''; and, 17.8.818, Review of Major Stationary
Sources and Major Modifications--Source Applicability and Exemptions,
(7) introductory text, (7)(a) introductory text, (7)(a)(vi), effective
10/12/2012.
[37 FR 10877, May 31, 1972. Redesignated at 80 FR 22911, April 24, 2015]
Editorial Note: For Federal Register citations affecting Sec.
52.1397, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1398 Control strategy: Sulfur dioxide.
(a) Redesignation to attainment. The EPA has determined that the
Billings 2010 sulfur dioxide (SO2) nonattainment
[[Page 401]]
area has met the criteria under CAA section 107(d)(3)(E) for
redesignation from nonattainment to attainment for the 2010 1-hour
SO2 NAAQS. The EPA is therefore redesignating the Billings
2010 SO2 nonattainment area to attainment.
(b) The EPA is approving the maintenance plan for the Billings
nonattainment area for the 2010 SO2 NAAQS submitted by the
State of Montana on December 14, 2015.
[81 FR 28720, May 10, 2016]
Subpart CC_Nebraska
Sec. 52.1420 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable SIP
for Nebraska under section 110 of the CAA, 42 U.S.C. 7401 et seq., and
40 CFR Part 51 to meet NAAQS.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
31, 2014, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after December 31, 2014, will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 7 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated state
rules/regulations which have been approved as part of the SIP as of
December 31, 2014.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 7, Air Planning
and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; at
the EPA, Air and Radiation Docket and Information Center, and the
National Archives and Records Administration (NARA). If you wish to
obtain material from the EPA Regional Office, please call (913) 551-
7089. For information on the availability of this material at NARA, call
(202) 741-6030, or go to: www.archives.gov/federal-register/cfr/ibr-
locations.html.
(c) EPA-approved regulations.
EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
State
Nebraska citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
STATE OF NEBRASKA
----------------------------------------------------------------------------------------------------------------
Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1.......................... Definitions...... 7/15/2018 4/12/2019, 84 FR 14878... The definition of
``solid waste''
is not approved
into the SIP.
The second
sentence
beginning at
``Solid waste''
and ending at
``discarded
material'', is
not approved
into the SIP.
129-2.......................... Definition of 3/14/06 3/22/11, 76 FR 15852.....
Major Source.
129-3.......................... Region and 6/26/94 1/4/95, 60 FR 372........
Subregions: How
Classified.
129-4.......................... Ambient Air 7/15/2018 4/12/2019, 84 FR 14878...
Quality
Standards.
129-5.......................... Operating 2/16/08 10/7/16, 81 FR 69695.....
Permits--When
Required.
129-6.......................... Emissions 11/20/02 9/5/03, 68 FR 52691......
Reporting; When
Required.
129-7.......................... Operating 8/22/00 5/29/02, 67 FR 37325.....
Permits--Applica
tion.
129-8.......................... Operating Permit 8/22/00 5/29/02, 67 FR 37325.....
Content.
[[Page 402]]
129-9.......................... General Operating 11/20/02 10/7/16, 81 FR 69695.....
Permits for
Class I and II
Sources.
129-10......................... Operating Permits 9/7/97 1/20/00, 65 FR 3130......
for Temporary
Sources.
129-11......................... Operating 6/26/94 1/4/95, 60 FR 372........
Permits--Emergen
cy; Defense.
129-12......................... Operating Permit 5/29/95 2/9/96, 61 FR 4899.......
Renewal and
Expiration.
129-13......................... Class I Operating 6/26/94 1/4/95, 60 FR 372........
Permit--EPA
Review; Affected
States Review;
Class II Permit.
129-14......................... Permits--Public 2/6/08 3/22/11, 76 FR 15852.....
Participation.
129-15......................... Operating Permit 5/13/14 4/6/18, 83 FR 14762......
Modifications;
Reopening for
Cause.
129-16......................... Stack Heights; 12/15/98 5/29/02, 67 FR 37325.....
Good Engineering
Practice (GEP).
129-17......................... Construction 4/1/12 8/4/14, 79 FR 45108...... Approval does not
Permits--When include
Required. Nebraska's
revisions to
sections 001.02T
and 013.04T
pertaining to
ethanol
production
facilities,
which were not
submitted by the
State.
129-19......................... Prevention of 12/9/13 10/11/16, 81 FR 70023.
Significant
Deterioration of
Air Quality.
129-20......................... Particulate 7/15/2018 4/12/2019, 84 FR 14878...
Emissions:
Limitations and
Standards.
129-21......................... Controls for 7/10/02 7/8/03, 68 FR 40528......
Transferring,
Conveying,
Railcar and
Truck Loading at
Rock Processing
Operations in
Cass County.
129-22......................... Incinerators; 12/9/13 10/11/16, 81 FR 70023.
Emission
Standards.
129-24......................... Sulfur Compound 6/26/94 1/4/95, 60 FR 372........
Emissions;
Existing Sources
Emission
Standards.
129-25......................... Nitrogen Oxides 9/7/97 1/20/00, 65 FR 3130......
(Calculated as
Nitrogen
Dioxide);
Emissions
Standards for
Existing
Stationary
Sources.
129-30......................... Open Fires....... 7/3/10 10/7/16, 81 FR 69695.....
129-32......................... Dust; Duty to 6/26/94 1/4/95, 60 FR 372........
Prevent Escape
of.
129-33......................... Compliance; Time 6/26/94 1/4/95, 60 FR 372........
Schedule for.
129-34......................... Emission Sources; 7/15/2018 4/12/2019, 84 FR 14878...
Testing;
Monitoring.
129-35......................... Compliance; 9/7/97 1/20/00, 65 FR 3130......
Exceptions Due
to Startup,
Shutdown, or
Malfunction.
129-36......................... Control 6/26/94 1/4/95, 60 FR 372........
Regulations;
Circumvention,
When Excepted.
129-37......................... Compliance; 6/26/94 1/4/95, 60 FR 372........
Responsibility.
129-38......................... Emergency 6/26/94 1/4/95, 60 FR 372........
Episodes;
Occurrence and
Control,
Contingency
Plans.
129-39......................... Visible Emissions 6/26/94 1/4/95, 60 FR 372........
from Diesel-
powered Motor
Vehicles.
129-40......................... General 5/29/95 2/12/96, 61 FR 5297......
Conformity.
129-41......................... General 12/15/98 5/29/02, 67 FR 37325.....
Provisions.
129-42......................... Permits-By-Rule.. 11/20/02, 4/8/ 7/10/06, 71 FR 38776.....
03, 5/7/05
129-43......................... Visibility 2/6/2008 6/28/2018, 83 FR 30352...
Protection.
[[Page 403]]
129-44......................... Consolidated with 5/29/95 2/9/96, 61 FR 4899.......
Chapter 41.
Appendix I..................... Emergency 6/26/94 1/4/95, 60 FR 372........
Emission
Reductions.
Appendix II.................... Hazardous Air 5/7/05 7/10/06, 71 FR 38776.....
Pollutants
(HAPS).
----------------------------------------------------------------------------------------------------------------
Title 115--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
115-1.......................... Definitions of 6/8/2004 8/23/2018, 83 FR 42592...
Terms.
115-2.......................... Petition for 6/8/2004 8/23/2018, 83 FR 42592...
Declaratory
Order.
115-3.......................... Public Records 6/8/2004 8/23/2018, 83 FR 42592...
Availability.
115-4.......................... Confidentiality 6/8/2004 8/23/2018, 83 FR 42592...
for Trade
Secrets.
115-5.......................... Public Hearings.. 6/8/2004 8/23/2018, 83 FR 42592...
115-6.......................... Voluntary 8/8/93 1/4/95, 60 FR 372........
Compliance.
115-7.......................... Contested Cases.. 6/8/2004 8/23/2018, 83 FR 42592...
115-8.......................... Intervention in a 6/8/2004 8/23/2018, 83 FR 42592...
Contested Case.
115-9.......................... Ex Parte 6/8/2004 8/23/2018, 83 FR 42592...
Communications
Prohibited.
115-10......................... Petition for 6/8/2004 8/23/2018, 83 FR 42592...
Rulemaking.
----------------------------------------------------------------------------------------------------------------
Lincoln-Lancaster County Air Pollution Control Program
----------------------------------------------------------------------------------------------------------------
Article 1--Administration and Enforcement
----------------------------------------------------------------------------------------------------------------
Section 1...................... Intent........... 5/16/95 2/14/96, 61 FR 56991.....
Section 2...................... Unlawful Acts-- 5/16/95 2/14/96, 61 FR 5699......
Permits Required.
Section 3...................... Violations--Heari 5/16/95 2/14/96, 61 FR 5699......
ngs--Orders.
Section 4...................... Appeal Procedure. 5/16/95 2/14/96, 61 FR 5699......
Section 5...................... Variance......... 5/16/95 2/14/96, 61 FR 5699......
Section 7...................... Compliance--Actio 5/16/95 2/14/96, 61 FR 5699......
ns to Enforce--
Penalties for
Non-Compliance.
Section 8...................... Procedure for 5/16/95 2/14/96, 61 FR 5699......
Abatement.
Section 9...................... Severability..... 5/16/95 2/14/96, 61 FR 5699......
----------------------------------------------------------------------------------------------------------------
Article 2--Regulations and Standards
----------------------------------------------------------------------------------------------------------------
Section 1...................... Definitions...... 8/11/98 1/20/00, 65 FR 3130......
Section 2...................... Major Sources-- 8/11/98 1/20/00, 65 FR 3130......
Defined.
Section 4...................... Ambient Air 5/16/95 2/14/96, 61 FR 5699......
Quality
Standards.
Section 5...................... Operating 8/11/98 1/20/00, 65 FR 3130......
Permits--When
Required.
Section 6...................... Emissions 8/11/98 1/20/00, 65 FR 3130......
Reporting--When
Required.
Section 7...................... Operating Permit-- 8/11/98 1/20/00, 65 FR 3130......
Application.
Section 8...................... Operating Permit-- 8/11/98 1/20/00, 65 FR 3130......
Content.
Section 9...................... General Operating 5/16/95 2/14/96, 61 FR 5699......
Permits for
Class I and II
Sources.
Section 10..................... Operating Permits 5/16/95 2/14/96, 61 FR 5699......
for Temporary
Services.
Section 11..................... Emergency 5/16/95 2/14/96, 61 FR 5699......
Operating
Permits--Defense.
Section 12..................... Operating Permit 5/16/95 2/14/96, 61 FR 5699......
Renewal and
Expiration.
Section 14..................... Permits--Public 5/16/95 2/14/96, 61 FR 5699......
Participation.
Section 15..................... Operating Permit 8/11/98 1/20/00, 65 FR 3130......
Modifications--R
eopening for
Cause.
Section 16..................... Stack--Heights--G 5/16/95 2/14/96, 61 FR 5699......
ood Engineering
Practice (GEP).
Section 17..................... Construction 8/11/98 1/20/00, 65 FR 3130......
Permits--When
Required.
[[Page 404]]
Section 19..................... Prevention of 5/16/95 2/14/96, 61 FR 5699......
Significant
Deterioration of
Air Quality.
Section 20..................... Particulate 3/31/97 1/20/00, 65 FR 3130......
Emissions--Limit
ations and
Standards.
Section 22..................... Incinerator 5/16/95 2/14/96, 61 FR 5699......
Emissions.
Section 24..................... Sulfur Compound 5/16/95 2/14/96, 61 FR 5699......
Emissions--Exist
ing Sources--
Emission
Standards.
Section 25..................... Nitrogen Oxides 5/16/95 2/14/96, 61 FR 5699......
(Calculated as
Nitrogen
Dioxide)--Emissi
ons Standards
for Existing
Stationary
Sources.
Section 32..................... Dust--Duty to 3/31/97 1/20/00, 65 FR 3130......
Prevent Escape
of.
Section 33..................... Compliance--Time 5/16/95 2/14/96, 61 FR 5699......
Schedule for.
Section 34..................... Emission Sources-- 5/16/95 2/14/96, 61 FR 5699......
Testing--Monitor
ing.
Section 35..................... Compliance--Excep 5/16/95 2/14/96, 61 FR 5699......
tions Due to
Startup Shutdown
or Malfunction.
Section 36..................... Control 5/16/95 2/14/96, 61 FR 5699......
Regulations--Cir
cumvention--When
Expected.
Section 37..................... Compliance--Respo 5/16/95 2/14/96, 61 FR 5699......
nsibility of
Owner/Operator
Pending Review
by Director.
Section 38..................... Emergency 5/16/95 2/14/96, 61 FR 5699......
Episodes--Occurr
ence and
Control--Conting
ency Plans.
Appendix I..................... Emergency 5/16/95 2/14/96, 61 FR 5699......
Emission
Reduction
Regulations.
----------------------------------------------------------------------------------------------------------------
City of Omaha
----------------------------------------------------------------------------------------------------------------
Chapter 41--Air Quality Control
----------------------------------------------------------------------------------------------------------------
Article I--In General
----------------------------------------------------------------------------------------------------------------
41-2........................... Adoption of State 4/1/98 1/20/00, 65 FR 3130......
Regulations with
Exceptions.
41-4........................... Enforcement--Gene 5/29/95 2/14/96, 61 FR 5699......
rally.
41-5........................... Same Health 5/29/95 2/14/96, 61 FR 5699......
Department.
41-6........................... Residential 5/29/95 2/14/96, 61 FR 5699......
Exemptions.
41-9........................... Penalties........ 5/29/95 2/14/96, 61 FR 5699......
41-10.......................... Civil Enforcement 5/29/95 2/14/96, 61 FR 5699......
----------------------------------------------------------------------------------------------------------------
Article II--Permitting of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
41-23.......................... Prerequisite to 5/29/95 2/14/96, 61 FR 5699......
Approval.
41-27.......................... Signature 5/29/95 2/14/96, 61 FR 5699......
Required;
Guarantee.
41-38.......................... Funds............ 5/29/95 2/14/96, 61 FR 5699......
41-40.......................... Fees--When 5/29/95 2/14/96, 61 FR 5699......
Delinquent.
----------------------------------------------------------------------------------------------------------------
Article IV--Waste Incinerators--Division 1. Generally
----------------------------------------------------------------------------------------------------------------
41-60.......................... Definitions...... 5/29/95 2/14/96, 61 FR 5699......
41-61.......................... Violations....... 5/29/95 2/14/96, 61 FR 5699......
----------------------------------------------------------------------------------------------------------------
Article IV--Waste Incinerators--Division 2. Emissions
----------------------------------------------------------------------------------------------------------------
41-70.......................... New or Modified 5/29/95 2/14/96, 61 FR 5699......
Facilities.
41-71.......................... Existing 5/29/95 2/14/96, 61 FR 5699......
Facilities.
41-72.......................... Emission Testing. 5/29/95 2/14/96, 61 FR 5699......
----------------------------------------------------------------------------------------------------------------
[[Page 405]]
Article IV--Waste Incinerators--Division 3. Design
----------------------------------------------------------------------------------------------------------------
41-80.......................... New or Modified 5/29/95 2/14/96, 61 FR 5699......
Waste
Incinerators.
41-81.......................... Existing 5/29/95 2/14/96, 61 FR 5699...... .................
Incinerators.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved state source-specific permits.
EPA-Approved Nebraska Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
(1) Gould, Inc................. 677............... 11/9/83 1/31/85, 50 FR 4510
(2) Asarco, Inc................ 1520.............. 6/6/96 3/20/97, 62 FR 13329 The EPA did not
approve paragraph
19.
(3) Nebraska Public Power CP07-0050......... 5/11/10 7/6/12, 78 FR 40140 EPA has only
District, Gerald Gentleman approved the
Station. elements of the
permit pertaining
to NOX
requirements.
(4) Omaha Public Power CP07-0049......... 2/26/09 7/6/12, 78 FR 40140 ..................
District, Nebraska City
Station.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved nonregulatory provisions and quasi-regulatory
measures.
EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State
provision nonattainment submittal date EPA approval date Explanation
area
----------------------------------------------------------------------------------------------------------------
(1) Air Quality Implementation Statewide........ 1/28/72 5/31/72, 37 FR 10842.....
Plan.
(2) Confirmation That the State Statewide........ 4/25/72 5/31/72, 37 FR 10842.....
Does Not Have Air Quality
Control Standards Based on
Attorney General's Disapproval.
(3) Request for Two-Year Omaha............ 1/24/72 7/27/72, 37 FR 15080.....
Extension to Meet the Primary
NOX Standard.
(4) Clarification of Section 11 Statewide........ 2/16/72 7/27/72, 37 FR 15080.....
of the State's Plan.
(5) Letters Clarifying the Omaha............ 10/2/72 5/14/73, 38 FR 12696.....
Application of the State's
Emergency Episode Rule.
(6) Analysis of Ambient Air Omaha, Lincoln, 5/9/74 6/2/75, 40 FR 23746...... [FRL 369-8].
Quality in Standard Sioux City.
Metropolitan Statistical Areas
and Recommendations for Air
Quality Maintenance Areas.
(7) Amended State Law (LB1029) Statewide........ 2/10/76 6/23/76, 41 FR 25898..... [FRL 564-5].
Giving the Department of
Environmental Quality
Authority to Require
Monitoring of Emissions,
Reporting of Emissions and
Release of Emissions Data.
(8) Air Monitoring Plan........ Statewide........ 6/19/81 10/6/81, 46 FR 49122..... [A-7-FRL-1933-1].
(9) TSP Nonattainment Plan..... Douglas and Cass 9/25/80 3/28/83, 48 FR 12715..... [EPA Action NE
Counties. 8/9/82 129; A-7-FRL
2302-8].
(10) Plan for Intergovernmental Statewide........ 8/9/82 7/5/83, 48 FR 30631...... [EPA Action NE
Consultation and Coordination 1123; A-7-FRL
and for Public Notification. 2353-7].
(11) Lead Plan................. Statewide except 1/9/81, 8/5/ 11/29/83, 48 FR 53697.... [AD-FRL 2479-3;
Omaha. 81, 1/11/83 EPA Action NE
1122] The plan
was approved
except that
portion
pertaining to
Omaha.
(12) Lead Nonattainment Plan... Omaha............ 7/24/84, 11/17/ 1/31/85, 50 FR 4510...... [NE 1418; A-7-FRL-
83, 8/1/84 2768-3].
(13) CO Nonattainment Plan..... Omaha............ 4/3/85 9/15/86, 51 FR 32640..... [A-7-FRL-3065-7].
(14) CO Nonattainment Plan..... Lincoln.......... 4/3/85 9/19/86, 51 FR 33264..... [A-7-FRL-3082-8].
[[Page 406]]
(15) Revised Lead Nonattainment Omaha............ 2/2/87 8/3/87, 52 FR 28694...... [A-7-FRL-3238-2].
Plan.
(16) Letter Pertaining to NOX Statewide........ 3/8/91 7/2/91, 56 FR 30335...... [FRL-3968-7]
Rules and Analysis Which State submittal
Certifies the Material Became date is date of
Effective on February 20, 1991. the letter.
(17) Small Business Assistance Statewide........ 11/12/92 8/30/93, 58 FR 45452..... [NE-4-1-5861; FRL-
Program. 4694-6].
(18) Class II Operating Permit Statewide........ 2/16/94 1/4/95, 60 FR 372........ [NE-6-1-6445a;
Program Including Letter FRL-5115-3].
Committing to Submit
Information to RACT/BACT/LAER
Clearinghouse, Letter
Regarding Availability of
State Operating Permits to the
EPA and Specified Emissions
Limits in Permits, and Letter
Regarding the Increase in New
Source Review Thresholds.
(19) Letter from City of Omaha Omaha, Lincoln... 9/13/95, 11/9/ 2/14/96, 61 FR 5725...... [NE-9-1-7220b,
Regarding Authority to 95 FRL-5409-8].
Implement Section 112(l) and State submittal
Letter from the State dates are dates
Regarding Rule Omissions and of letters.
PSD Program Implementation.
(20) Lincoln Municipal Code, City of Lincoln.. 2/5/99 1/20/00, 65 FR 3130...... [NE 071-1071a,
Chapter 8.06.140 and 8.06.145. FRL-6521-6].
(21) Lancaster Co. Resolution Lancaster County. 2/5/99 1/20/00, 65 FR 3130...... [NE 071-1071a,
5069, Sections 12 and 13. FRL-6521-6].
(22) Nebraska Lead Maintenance Omaha............ 1/18/01 4/20/01, 66 FR 20196..... [Region 7
SIP. Tracking No.
0124-1124(b),
FRL-6968-5].
(23) CAA 110(1)(2)(D)(i) SIP-- Statewide........ 5/18/07 12/17/07, 72 FR 71245.... [EPA-R07-OAR-2007
Interstate Transport. -1128, FRL-8507-
1].
(24) Section 110(a)(2) Statewide........ 12/7/07 7/8/11, 76 FR 40258...... [EPA-R07-OAR-2011
Infrastructure Requirements -0310, FRL-9434-
for the 1997 8-Hour Ozone 4]. This action
NAAQS. addresses the
following CAA
elements as
applicable:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
(25) Regional haze plan for the Statewide........ 6/30/11 7/6/12, 78 FR 40150...... [EPA-R07-OAR-2012
first implementation period. -0158; FRL-9689-
2]. The plan was
approved except
for that portion
pertaining to
SO2 BART for
Nebraska Public
Power District,
Gerald Gentleman
Units 1 and 2,
and the portion
of the long-
term strategy
addressing the
SO2 BART
measures for
these Units.
(26) Section 110(a)(2) Statewide........ 10/18/11 10/21/14, 79 FR 62832.... [EPA-R07-OAR-2014
Infrastructure Requirements -0685; FRL-9918-
for the 2008 Pb NAAQS. 13-Region 7].
This action
addresses the
following CAA
elements:
110(a)(2)(A),
(B), (C), (D),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
[[Page 407]]
(27) Section 128 Declaration: Statewide........ 8/22/13 10/21/14, 79 FR 62832.... [EPA-R07-OAR-2014
Nebraska Department of -0685; FRL-9918-
Environmental Quality 13-Region 7].
Representation and Conflicts This declaration
of Interest Provisions, is contained
Section 49-1493(13) of the NE within
Political Accountability and Nebraska's 2010
Disclosure Act and Chapter 2 Sulfur Dioxide
of Title 4, NE Accountability NAAQS
and Disclosure Commission. Infrastructure
SIP submission
concerning
Section
110(a)(2)(E) of
the CAA.
(28) Cross State Air Pollution Statewide........ 3/30/15 9/15/15, 80 FR 55272.....
Rule--State-Determined
Allowance Allocations for the
2016 control periods.
(29) Section 110(a)(2) Statewide........ 2/11/13 9/15/15, 80 FR 55267..... [EPA-R07-OAR-2015
Infrastructure Requirements -0270; Region 7]
for the 2008 O3 NAAQS. This action
addresses the
following CAA
elements
110(a)(2)(A),
(B), (C),
(D)(i)(II),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
(30) Section 110(a)(2) Statewide........ 4/3/08 8/27/2015, 80 FR 51954... This action
Infrastructure Requirements 8/29/11 addresses the
for the 1997 and 2006 PM2.5 following CAA
NAAQS. elements
110(a)(2)(A),
(B), (C),
(D)(i)(II),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
(31) Section 110(a)(2) Statewide........ 2/11/13 1/11/2016, 81 FR 1123.... [EPA-R07-OAR-2015
Infrastructure Requirements -0710; 9941-04-
for the 2008 O3 NAAQS. Region 7] This
action addresses
the following
CAA elements:
110(a)(2)(D)(i)
(I)--Prongs 1
and 2.
(32) Section 110(a)(2) Statewide........ 2/7/2013 4/3/2018, 83 FR 14179.... This action
Infrastructure Requirements addresses the
for the 2010 NO2 NAAQS. following CAA
elements
110(a)(2)(A)
through (C),
(D)(i)(I)--Prong
s 1 and 2,
(D)(i)(II)--Pron
g 3, (D)(ii),
(E) through (H),
and (J) through
(M). [EPA-R07-
OAR-2017-0477;
FRL-9976-09-Regi
on 7].
(33) Section 110(a)(2) Statewide........ 8/22/2013 4/3/2018, 83 FR 14179.... This action
Infrastructure Requirements addresses the
for the 2010 SO2 NAAQS. following CAA
elements
110(a)(2)(A)
through (C),
(D)(i)(II)--Pron
g 3, (D)(ii),
(E) through (H),
and (J) through
(M). [EPA-R07-
OAR-2017-0477;
FRL-9976-09-Regi
on 7].
(34) Section 110(a)(2) Statewide........ 2/22/2016 4/3/2018, 83 FR 14179.... This action
Infrastructure Requirements addresses the
for the 2010 PM2.5 NAAQS. following CAA
elements
110(a)(2)(A)
through (C),
(D)(i)(II)--Pron
g 3, (D)(ii),
(E) through (H),
and (J) through
(M). [EPA-R07-
OAR-2017-0477;
FRL-9976-09-Regi
on 7].
----------------------------------------------------------------------------------------------------------------
[[Page 408]]
[64 FR 7103, Feb. 12, 1999, as amended at 65 FR 3133, Jan. 20, 2000; 66
FR 20199, Apr. 20, 2001; 67 FR 37327, May 29, 2002; 68 FR 40530, July 8,
2003; 68 FR 52694, Sept. 5, 2003; 68 FR 67046, Dec. 1, 2003; 70 FR
16429, Mar. 31, 2005; 71 FR 38779, July 10, 2006; 72 FR 71247, Dec. 17,
2007; 74 FR 37940, July 30, 2009; 75 FR 48584, Aug. 11, 2010; 76 FR
15855, Mar. 22, 2011; 76 FR 40261, July 8, 2011; 77 FR 40168, July 6,
2012; 78 FR 37976, June 25, 2013; 79 FR 45110, Aug. 4, 2014; 79 FR
62843, Oct. 21, 2014; 80 FR 38970, July 8, 2015; 80 FR 51954, Aug. 27,
2015; 80 FR 55267, Sept. 15, 2015; 80 FR 55272, Sept. 15, 2015; 81 FR
1123, Jan. 11, 2016; 81 FR 69695, Oct. 7, 2016; 81 FR 70025, Oct. 11,
2016; 83 FR 14182, Apr. 3, 2018; 83 FR 14765, Apr. 6, 2018; 83 FR 30355,
June 28, 2018; 83 FR 42593, 42596, Aug. 23, 2018; 84 FR 14880, Apr. 12,
2019]
Sec. 52.1421 Classification of regions.
The Nebraska plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Omaha-Council Bluffs Interstate......... I II III III III
Lincoln-Beatrice-Fairbury Intrastate................. II III III III III
Metropolitan Sioux City Interstate................... III III III III III
Nebraska Intrastate.................................. III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10877, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]
Sec. 52.1422 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Nebraska's plan for the attainment and maintenance of the
national standards. No action is taken on the new source review
regulations to comply with section 172(b)(6) and section 173 of the
Clean Air Act as amended in 1977, and 40 CFR 51.18(j).
[37 FR 10877, May 31, 1972, as amended at 48 FR 12717, Mar. 28, 1983]
Sec. 52.1423 PM [bdi1][bdi0] State implementation plan development
in group II areas.
The state of Nebraska committed to conform to the PM10
regulations as set forth in 40 CFR part 51. In a letter to Morris Kay,
EPA, dated February 5, 1988, Mr. Dennis Grams, Director, Nebraska
Department of Environmental Control, stated:
(a) An area in the City of Omaha and the area in and around the
Village of Weeping Water have been classified as Group II areas for the
purpose of PM10 State Implementation Plan (SIP) development.
The specific boundaries of these areas are identified in our letter of
October 6, 1987, to Carl Walter. In accordance with the requirements for
PM10 SIP development, the State of Nebraska commits to
perform the following PM10 monitoring and SIP development
activities for these Group II areas:
(1) Gather ambient PM10 data, at least to the extent
consistent with minimum EPA requirements and guidance.
(2) Analyze and verify the ambient PM10 data and report
24-hour exceedances of the National Ambient Air Quality Standard for
PM10 to the Regional Office within 45 days of each
exceedance.
(3) When an appropriate number of verifiable exceedances of the 24-
hour standard occur, calculated according to section 2.0 of the
PM10 SIP Development Guideline, or when an exceedance of the
annual PM10 standard occurs, acknowledge that a nonattainment
problem exists and immediately notify the Regional Office.
(4) Within 30 days of the notification referred to in paragraph
(a)(3) of this section, or within 37 months of promulgation of the
PM10 standards, whichever comes first, determine whether
measures in the existing SIP will assure timely attainment and
maintenance of the PM10 standards and immediately notify the
Regional Office.
(5) Within 6 months of the notification referred to in paragraph
(a)(4) of this section, adopt and submit to EPA
[[Page 409]]
a PM10 control strategy that assures attainment as
expeditiously as practicable but no later than 3 years from approval of
the committal SIP.
An emission inventory will be compiled for the identified Group II
areas. If either area is found to be violating the PM10
standards, the inventory will be completed as part of the
PM10 SIP for that area on a schedule consistent with that
outlined in paragraphs 3, 4, and 5. If the PM10 standards are
not violated, the inventory will be completed not later than July 1,
1989, and submitted to EPA not later than August 31, 1990, as part of
the determination of adequacy of the current SIP to attain and maintain
the PM10 air quality standards.
(b) We request that the total suspended particulate nonattainment
areas in Omaha and Weeping Water (all secondary nonattainment) and
Louisville (Primary nonattainment) be redesignated to unclassifiable.
[54 FR 21063, May 16, 1989]
Sec. 52.1424 Operating permits.
Emission limitations and related provisions which are established in
Nebraska operating permits as Federally enforceable conditions shall be
enforceable by EPA. The EPA reserves the right to deem permit conditions
not Federally enforceable. Such a determination will be made according
to appropriate procedures and be based upon the permit, permit approval
procedures, or permit requirement which do not conform with the
operating permit program requirements or the requirements of EPA
underlying regulations.
[61 FR 4901, Feb. 9, 1996]
Sec. 52.1425 Compliance schedules.
(a) The compliance schedules for the sources identified below are
approved as revisions to the plan pursuant to Sec. 51.104 and subpart N
of this chapter. All regulations cited are air pollution control
regulations of the State, unless otherwise noted.
Nebraska--Compliance Schedules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Variance expiration
Source Location Regulation involved Date adopted date Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
ASARCO, Inc........................ Omaha, NE............. Nebraska DEC Second Nov. 12, 1986........ Not applicable....... Feb. 1, 1988
Amended
Administrative Order
No. 753.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[41 FR 22350, June 3, 1976, as amended at 41 FR 52456, Nov. 30, 1976; 42
FR 16140, Mar. 25, 1977; 50 FR 4512, Jan. 31, 1985; 51 FR 40675, 40676,
Nov. 7, 1986; 52 FR 28696, Aug. 3, 1987; 54 FR 25259, June 14, 1989]
Sec. 52.1426 Original identification of plan section.
(a) This section identifies the original ``Nebraska Air Quality
Implementation Plan'' and all revisions submitted by Nebraska that were
Federally approved prior to July 1, 1998.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Request submitted by the Governor on January 24, 1972, for a
two-year extension in order to meet the primary standard for NOx in the
Omaha-Council Bluffs AQCR. (Non-regulatory)
(2) Clarification of section 11 of the State plan submitted on
February 16, 1972 by the Nebraska Department of Environmental Control.
(Non-regulatory)
(3) A confirmation that the State does not have air quality control
standards based on the enclosed disapproval of the State Attorney
General was submitted on April 25, 1972 by the Nebraska Department of
Environmental Control. (Non-regulatory)
(4) Revision of Rules 3 through 18 and Rule 21 and 22 submitted on
June 9, 1972, by the Governor.
[[Page 410]]
(5) Amendments to the Omaha Air Pollution Control Ordinance 26350
submitted on June 29, 1972, by the Governor.
(6) Letters submitted September 26 and 27, 1972, from the State
Department of Environmental Control revising Rule 3 and Rule 5 of the
State Rules and Regulations.
(7) Letters clarifying the application of the State emergency
episode, rule 22(a), submitted October 2, 1972, by the State Department
of Environmental Control. (Non-regulatory).
(8) Revision of the State air regulations to expand emission
limitations to apply State-wide, change procedures for preconstruction
review of new sources, change procedures for disapproving construction
permits for new or modified sources and add new sulfur oxide emission
standards was submitted on February 27, 1974, by the Nebraska Department
of Environmental Control.
(9) Copy of the State's analysis of ambient air quality in Standard
Metropolitan Statistical Areas in the State and recommendations for
designation of Air Quality Maintenance Areas submitted by the Department
of Environmental Control on May 9, 1974. (Non-regulatory)
(10) Compliance schedules were submitted by the Department of
Environmental Control on September 13, 1974.
(11) Compliance schedules were submitted by the Department of
Environmental Control on February 21, 1975.
(12) Compliance schedules were submitted by the Department of
Environmental Control on May 23, 1975.
(13) Revision of regulations to include the second group of New
Source Performance Standards and provide for granting of post-attainment
variances and releasing of emission data was submitted on August 5,
1975, by the Governor.
(14) Compliance schedules were submitted by the Governor on August
27, 1975.
(15) Compliance schedules were submitted by the Governor on January
1, 1976.
(16) Compliance schedules were submitted by the Department of
Environmental Control on January 15, 1976.
(17) Amended State law (LB1029) giving the Department of
Environmental Control authority to require monitoring of emissions,
require reporting of emissions and release emission data was submitted
by the Governor on February 10, 1976.
(18) Compliance schedules were submitted by the Governor on April
23, 1976.
(19) Compliance schedules were submitted by the Governor on October
27, 1976.
(20) Revised Rule 17, requiring continuous opacity monitoring by
power plants, was submitted on November 2, 1976, by the Governor.
(21) A plan revision to meet the requirements of 40 CFR 58.20,
dealing with statewide air quality monitoring and data reporting, was
submitted by the Governor on June 19, 1981.
(22) Revised Rule 13, granting an increase in the visible emission
limitations for existing teepee waste wood burners and alfalfa
dehydrators, was submitted by the Governor on December 29, 1977.
(23) Revision to the SIP concerning the adoption of the Lancaster
County Air Pollution Control Resolution was submitted by the Governor on
April 4, 1977.
(24) Revision to the SIP concerning the adoption of the revised
local air pollution control ordinances for the cities of Omaha and
Lincoln was submitted by the Governor on December 27, 1977.
(25) State plan revisions and corrections thereto to attain the
National Ambient Air Quality Standards for total suspended particulate
in Douglas and Cass Counties, designated as nonattainment under section
107 of the Clean Air Act Amendments of 1977, were submitted by the
Governor on September 25, 1980, and on August 9, 1982. Included in the
plan are revised Rule 6, and new Rule 5A.
(26) New Rule 18, ``Compliance; Exceptions Due to Startup, Shutdown,
or Malfunction,'' was submitted by the Governor on August 9, 1982.
(27) A plan revision to provide for Intergovernmental Consultation
and Coordination and for Public Notification was submitted to EPA by the
Governor of Nebraska on August 9, 1982.
[[Page 411]]
(28) A plan revision for attaining and maintaining the National
Ambient Air Quality Standard for Lead in the State of Nebraska was
submitted to EPA on January 9, 1981, by the Governor. Additional
material was submitted by the State on August 5, 1981 and January 11,
1983. All portions of the submittals are approved except the control
strategy for Omaha and the request for a two year extension to attain
the lead standard in Omaha.
(29) Revisions to Rule 1, ``Definitions,'' and to Rule 4, ``New and
Complex Sources; Standards of Performance, Application for Permit, When
Required;'' and a new regulation: Rule 4.01, ``Prevention of Significant
Deterioration of Air Quality,'' were submitted by the Governor on May
23, 1983; clarifying letter dated May 30, 1984.
(30) On July 24, 1984, Nebraska submitted a lead SIP for Omaha.
Additional portions of the Omaha lead SIP were submitted by the State on
November 17, 1983, and August 1, 1984. EPA withheld action on the
enforceable control measures contained in the Omaha lead SIP, but
approved all other portions.
(31) Revisions to Chapter 10 ``Incinerators; Emission Standards;''
Chapter 12 ``Sulfur Compound Emissions; Emission Standards;'' Chapter 14
``Open Fires, Prohibited; Exceptions;'' and Chapter 20 ``Emission
Sources; Testing: Monitoring'' were submitted by the Governor on October
6, 1983.
(32) Revisions to Chapter 1, ``Definitions''; Chapter 4, ``Reporting
and Operating Permits for Existing Sources; When Required''; and Chapter
5, ``New, Modified, and Reconstructed Sources; Standards of Performance,
Application for Permit, When Required'', were submitted by the Governor
on October 6, 1983. These revisions deleted the review requirements for
complex sources of air pollution for the entire State. These review
requirements were adopted by the State on February 22, 1974 (submitted
on February 27, 1974) and were approved by EPA on September 9, 1975. See
paragraph (c)(8) above. Approval action was taken on the deletion of
these requirements except as they pertain to the Lincoln and Omaha CO
nonattainment areas.
(33) A State Implementation Plan revision to provide for attainment
of the carbon monoxide standard in Omaha was submitted by Governor
Kerrey on April 3, 1985. Action was also taken to delete review
requirements for complex sources of air pollution in Omaha; see
paragraph (c)(32) of this section.
(i) Incorporation by reference.
(A) An RFP curve from page 27 of the Carbon Monoxide State
Implementation Plan for Omaha, Nebraska, dated January 18, 1985.
(ii) Additional material.
(A) Narrative submittal entitled ``Carbon Monoxide State
Implementation Plan for Omaha, Nebraska'', including an attainment
demonstration.
(B) Emission Inventory for carbon monoxide sources.
(34) A State Implementation Plan revision to provide for attainment
of the carbon monoxide standard in Lincoln was submitted by Governor
Kerrey on April 3, 1985. Action was also taken to delete review
requirements for complex sources of air pollution in Lincoln; see
paragraph (c)(32) of this section.
(i) Incorporation by reference.
(A) An RFP table from page 18 of the State Implementation Plan
Revision for Carbon Monoxide for Lincoln, Nebraska, adopted on March 1,
1985.
(ii) Additional material.
(A) Narrative submittal entitled, ``State Implementation Plan
Revision for Carbon Monoxide for Lincoln, Nebraska'', including an
attainment demonstration.
(B) Emission Inventory for carbon monoxide sources.
(35) On February 2, 1987, Nebraska submitted revisions to the lead
SIP for Omaha. The revisions contained a revised demonstration of
attainment of the lead standard in Omaha, a revised control strategy to
provide the lead emission reductions claimed in the demonstration of
attainment, and Administrative Order No. 753 dated August 22, 1985, as
amended by Amended Administrative Order No. 753 dated May 9, 1986, and
by Second Amended Administrative Order No. 753 dated November 12, 1986.
All items in the revisions were approved.
(i) Incorporation by reference.
(A) Administrative Order 753 dated August 22, 1985, issued by the
Nebraska
[[Page 412]]
Department of Environmental Control to ASARCO Incorporated.
(B) Amended Administrative Order 753 dated May 9, 1986, issued by
the Nebraska Department of Environmental Control to ASARCO Incorporated.
(C) Second Amended Administrative Order 753 dated November 12, 1986,
issued by the Nebraska Department of Environmental Control to ASARCO
Incorporated.
(ii) Additional material.
(A) 1986 Revised Demonstration of Attainment and Control Measures
for the Nebraska State Implementation Plan for Lead--Omaha, submitted by
ASARCO Incorporated, October 3, 1986.
(36) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025,
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice
(GEP)'', were submitted by the Governor on May 6, 1986.
(i) Incorporation by reference.
(A) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025,
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice
(GEP)'', effective May 5, 1986.
(ii) Additional material.
(A) None.
(37) Revised Title 129 of Nebraska Air Pollution Control rules and
regulations pertaining to PM10 and other rule revisions
submitted by the Governor of Nebraska on June 15, 1988.
(i) Incorporation by reference.
(A) Nebraska Department of Environmental Control Title 129--Nebraska
Air Pollution Control rules and regulations adopted by the Nebraska
Environmental Control Council February 5, 1988, effective June 5, 1988.
The following Nebraska rules are not approved: Chapter 1, definition at
013, ``Best Available Control Technology''; Chapter 4, section 004.01G,
except as it applies to lead; Chapter 6, section 002.04 and section 007;
Appendix III except for lead; Chapter 6, section 001 pertaining to NSPS;
and Chapter 12 pertaining to NESHAP.
(B) Nebraska Department of Environmental Control Title 115--Rules of
Practice and Procedure, amended effective July 24, 1987.
(ii) Additional information.
(A) None.
(38) Plan revisions were submitted by the Nebraska Department of
Environmental Control on March 8, 1991, which implement EPA's October
17, 1988, PSD NOX requirements.
(i) Incorporation by reference.
(A) Revisions to title 129, chapter 7, entitled ``Prevention of
Significant Deterioration of Air Quality,'' were adopted by the Nebraska
Enviromental Control Council on December 7, 1990, and became effective
February 20, 1991.
(ii) Additional material.
(A) Letter from the state submitted March 8, 1991, pertaining to
NOX rules and analysis which certifies the material became
effective on February 20, 1991.
(39) Plan revisions were submitted by the Governor of Nebraska on
March 8, 1991.
(i) Incorporation by reference.
(A) Revisions to Nebraska Department of Environmental Control Title
129--Nebraska Air Pollution Control Rules and Regulations adopted by the
Nebraska Environmental Control Council December 7, 1990, effective
February 20, 1991. Revisions to the following sections are approved in
this action: Chapter 1 (deletion of section 068), chapter 3 (deletion of
``National'' from the chapter title), chapter 4 (section 004.02),
chapter 7 (section 001), chapter 10 (section 002), chapter 11 (section
002 and section 005), chapter 15 (section 002.07C), and chapter 16
(sections 001, 002.01, 002.02, and 002.03.)
(40) The Nebraska Department of Environmental Quality submitted the
Small Business Assistance program State Implementation Plan revision on
November 12, 1992.
(i) Incorporation by reference.
(A) Revision to the Nebraska State Implementation Plan for the Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program was adopted by the state of Nebraska on November 12,
1992, and became effective on the same date.
(41) On February 16, 1994, the Director of the Nebraska Department
of Environmental Quality submitted revisions to the State Implementation
Plan (SIP) to create a Class II operating permit program, Part D NSR
rule changes, SO2 rule corrections, and the use of enhanced
monitoring.
[[Page 413]]
(i) Incorporation by reference.
(A) Revised rules ``Title 129--Nebraska Air Quality Regulations,''
effective December 17, 1993. This revision approves all chapters except
for parts of Chapters 5, 7, 8, 9, 10, 11, 12, 13, 14, and 15 that
pertain to Class I permits; Chapter 17 as it relates to hazardous air
pollutants; and excludes Chapters 23, 25, 26, 27, 28, 29, and 31.
(B) ``Title 115--Rules of Practice and Procedure,'' effective August
8, 1993, and submitted as an SIP revision on February 16, 1994.
(ii) Additional material.
(A) Letter from Nebraska to EPA Region VII dated February 16, 1994,
regarding a commitment to submit information to the RACT/BACT/LAER
Clearinghouse as required in section 173(d) of the Clean Air Act.
(B) Letter from Nebraska to EPA Region VII dated June 10, 1994,
regarding the availability of state operating permits to EPA and
specified emissions limitations in permits.
(C) Letter from Nebraska to EPA Region VII dated November 7, 1994,
regarding the increase in New Source Review (NSR) permitting thresholds.
(42) A Plan revision was submitted by the Nebraska Department of
Environmental Quality on June 14, 1995, which incorporates by reference
EPA's regulations relating to determining conformity of general Federal
actions to State or Federal Implementation Plans.
(i) Incorporation by reference.
(A) A revision to title 129, adding chapter 40, entitled ``General
Conformity'' was adopted by the Environmental Quality Council on
December 2, 1994, and became effective on May 29, 1995.
(43) On June 14, 1995, the Director of the Nebraska Department of
Environmental Quality submitted revisions to the State Implementation
Plan (SIP) to modify the Class II operating permit program.
(i) Incorporation by reference.
(A) Revised rules ``Title 129--Nebraska Air Quality Regulations,''
effective May 29, 1995. This revision applies to chapters 5, 7, 12, 17,
19, 25, 41 and deletes chapters 42, 43 and 44.
(ii) Additional material.
(A) None.
(44) On May 31 and June 2, 1995, the Director of the Nebraska
Department of Environmental Quality (NDEQ) submitted revisions to the
SIP to update the local ordinances of the Lincoln-Lancaster County
Health Department and city of Omaha, respectively, and to create
Federally enforceable Class II operating permit programs for these
agencies.
(i) Incorporation by reference.
(A) 1993 Lincoln-Lancaster County Air Pollution Control Program,
Version March 1995, effective May 16, 1995. This includes the following
citations: Article I (except Section 6); Article II, Sections 1-12, 14-
17, 19-20, 22, 24-25, 32-38; and Appendix I.
(B) Ordinance No. 33102 dated November 2, 1993, which adopts Chapter
41, Article I, Sections 41-4 through 41-6; 41-9; 41-10; Article II,
Sections 41-23; 41-27; 41-38; and 41-40 and Article IV of the Omaha
Municipal Code. Ordinance No. 33506 dated March 21, 1995, amends Chapter
41, Article I, Sections 41-2 and 41-9 of the Omaha Municipal Code and
adopts Title 129, Nebraska Air Quality Regulations, approved December 2,
1994.
(ii) Additional material.
(A) Letter from the city of Omaha dated September 13, 1995,
regarding adequate authority to implement section 112(l).
(B) Letter from the NDEQ dated November 9, 1995, regarding rule
omissions and PSD.
(45) A revision to the Nebraska SIP to reduce lead emissions in the
Omaha lead nonattainment area sufficient to bring that area back into
attainment with the lead National Ambient Air Quality Standard.
(i) Incorporation by reference.
(A) Amended Complaint and Compliance Order Case No. 1520, signed
June 6, 1996, except for paragraph 19 and accompanying work practice
manual in Appendix A.
(ii) Additional material.
(A) Supplemental document entitled, ``Methods for Determining
Compliance'' submitted by the state to provide additional detail
regarding the compliance methods for this Order.
[37 FR 10877, May 31, 1972. Redesignated at 64 FR 7103, Feb. 12, 1999]
[[Page 414]]
Editorial Note: For Federal Register citations affecting Sec.
52.1426, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1427 Operating permits.
Emission limitations and related provisions which are established in
the city of Omaha and Lincoln-Lancaster operating permits as Federally
enforceable conditions shall be enforceable by EPA. The EPA reserves the
right to deem permit conditions not Federally enforceable. Such a
determination will be made according to appropriate procedures and be
based upon the permit, permit approval procedures, or permit requirement
which do not conform with the operating permit program requirements or
the requirements of EPA underlying regulations.
[61 FR 5701, Feb. 14, 1996]
Sec. 52.1428 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a) The owner and operator of each source and each unit located in
the State of Nebraska and Indian country within the borders of the State
and for which requirements are set forth under the CSAPR NOX
Annual Trading Program in subpart AAAAA of part 97 of this chapter must
comply with such requirements. The obligation to comply with such
requirements with regard to sources and units in the State will be
eliminated by the promulgation of an approval by the Administrator of a
revision to Nebraska's State Implementation Plan (SIP) as correcting the
SIP's deficiency that is the basis for the CSAPR Federal Implementation
Plan under Sec. 52.38(a) for those sources and units, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to Nebraska's SIP.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Nebraska's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of CSAPR NOX Annual allowances
under subpart AAAAA of part 97 of this chapter to units in the State for
a control period in any year, the provisions of subpart AAAAA of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of CSAPR NOX Annual allowances to units in
the State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.
[76 FR 48369, Aug. 8, 2011, as amended at 80 FR 55272, Sept. 15, 2015;
81 FR 74586, 74598, Oct. 26, 2016]
Sec. 52.1429 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of sulfur dioxide?
(a) The owner and operator of each source and each unit located in
the State of Nebraska and Indian country within the borders of the State
and for which requirements are set forth under the CSAPR SO2
Group 2 Trading Program in subpart DDDDD of part 97 of this chapter must
comply with such requirements. The obligation to comply with such
requirements with regard to sources and units in the State will be
eliminated by the promulgation of an approval by the Administrator of a
revision to Nebraska's State Implementation Plan (SIP) as correcting the
SIP's deficiency that is the basis for the CSAPR Federal Implementation
Plan under Sec. 52.39 for those sources and units, except to the extent
the Administrator's approval is partial or conditional. The obligation
to comply with such requirements with regard to sources and units
located in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Nebraska's SIP.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Nebraska's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of CSAPR SO2 Group 2 allowances
under subpart DDDDD of part 97 of this chapter to units in the State for
a control period in any year, the provisions
[[Page 415]]
of subpart DDDDD of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of CSAPR
SO2 Group 2 allowances to units in the State for each such
control period shall continue to apply, unless provided otherwise by
such approval of the State's SIP revision.
[76 FR 48369, Aug. 8, 2011, as amended at 80 FR 55272, Sept. 15, 2015;
81 FR 74586, 74598, Oct. 26, 2016]
Sec. Sec. 52.1430-52.1435 [Reserved]
Sec. 52.1436 Significant deterioration of air quality.
The requirements of sections 160 through 165 of the Clean Air Act
are met except as noted in paragraphs (a) and (b) of this section. The
EPA is retaining Sec. 52.21 except paragraph (a)(1) as part of the
Nebraska SIP for the following types of sources:
(a) Sources proposing to construct on Indian lands in Nebraska; and,
(b) Enforcement of permits issued by EPA prior to the July 28, 1983,
delegation of authority to Nebraska.
[49 FR 29599, July 23, 1984, as amended at 68 FR 11323, Mar. 10, 2003;
68 FR 74489, Dec. 24, 2003]
Sec. 52.1437 Visibility protection.
(a) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by Nebraska on
July 13, 2011, does not include approvable measures for meeting the
requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to
emissions of SO2 from Nebraska Public Power District, Gerald
Gentleman Station, Units 1 and 2. EPA has disapproved the provisions of
the July 13, 2011 SIP pertaining to the SO2 BART
determination for this facility, including those provisions of the long-
term strategy addressing the SO2 BART measures for these
units.
(b) Measures Addressing Partial Disapproval Associated with SO2. The
deficiencies associated with the SO2 BART determination for
Nebraska Public Power District, Gerald Gentleman Station, Units 1 and 2
identified in EPA's partial disapproval of the regional haze plan
submitted by Nebraska on July 13, 2011, are satisfied by Sec. 52.1429.
[77 FR 40169, July 6, 2012]
Subpart DD_Nevada
Sec. 52.1470 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for the State of Nevada under section 110 of the
Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national
ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
31, 2013, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after December 31, 2013, will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region IX certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of December 31, 2013.
(3) Copies of the materials incorporated by reference may be
inspected at the Region IX EPA Office at 75 Hawthorne Street, San
Francisco, CA 94105; Air and Radiation Docket and Information Center,
EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave. NW., Washington, DC; or the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call (202) 741-6030, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
[[Page 416]]
(c) EPA approved regulations.
Table 1--EPA-Approved Nevada Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/Subject effective date EPA Approval date explanation
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 485, Motor Vehicles: Insurance
and Financial Responsibility
----------------------------------------------------------------------------------------------------------------
485.050....................... ``Motor vehicle'' 10/1/03 77 FR 59321 (9/27/12).... Submitted on 5/21/
defined. 12. Nev. Rev.
Stat. Ann. Sec.
485.050 (Michie
2010).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
Air Controls, Air Pollution; Nevada Air Quality Regulations--Definitions
----------------------------------------------------------------------------------------------------------------
445B.001...................... Definitions...... 1/1/07 73 FR 19144 (4/9/08)..... Most recently
approved version
was submitted on
6/26/07. See 40
CFR
52.1490(c)(66)(i)
(A)(3)(ii).
445.431....................... ``Acid mist'' 8/28/79 49 FR 11626 (3/27/84).... Submitted on 10/26/
defined. 82. See 40 CFR
52.1490(c)(25)(i)
(A).
445B.002...................... ``Act'' defined.. 8/28/79 71 FR 15040 (3/27/06).... Most recently
approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.003...................... ``Adjacent 12/13/93 77 FR 59321 (9/27/12).... Submitted on 1/24/
properties'' 11. November 2010
defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.0035..................... ``Administrative 09/24/04 77 FR 59321 (9/27/12).... Submitted on 1/24/
revision to a 11. November 2010
Class I codification of
operating NAC chapter 445B
permit'' defined. published by the
Nevada
Legislative
Counsel Bureau.
445B.004...................... ``Administrator'' 10/14/82 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(i).
445B.005...................... ``Affected 10/30/95 71 FR 15040 (3/27/06).... Most recently
facility'' approved version
defined. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
445B.006...................... ``Affected 10/25/01 71 FR 15040 (3/27/06).... Most recently
source'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(v).
445B.007...................... ``Affected 12/13/93 77 FR 59321 (9/27/12).... Submitted on 1/24/
state'' defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.009...................... ``Air- 12/4/76 71 FR 15040 (3/27/06).... Most recently
conditioning approved version
equipment'' was submitted on
defined. 1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445.436....................... ``Air 8/28/79 49 FR 11626 (3/27/84).... Most recently
contaminant'' approved version
defined. was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445B.011...................... ``Air pollution'' 3/5/98 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(ii).
445B.013...................... ``Allowable 10/31/05 77 FR 59321 (9/27/12).... Submitted on 1/24/
emissions'' 11. November 2010
defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.014...................... ``Alteration'' 10/30/95 77 FR 59321 (9/27/12).... Submitted on 1/24/
defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.015...................... ``Alternative 10/30/95 71 FR 71486 (12/11/06)... Most recently
method'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(7)(i).
445B.016...................... ``Alternative 10/30/95 77 FR 59321 (9/27/12).... Submitted on 1/24/
operating 11. November 2010
scenarios'' codification of
defined. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.018...................... ``Ambient air'' 10/22/87 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(ii).
[[Page 417]]
445B.019...................... ``Applicable 07/22/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
requirement'' 11. November 2010
defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.022...................... ``Atmosphere'' 12/4/76 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.029...................... ``Best available 4/23/09 77 FR 17334 (3/26/12).... Included in
retrofit supplemental SIP
technology'' revision
defined. submitted on
September 20,
2011, and
approved as part
of approval of
Nevada Regional
Haze SIP.
445.445....................... ``Barite'' 1/25/79 49 FR 11626 (3/27/84).... Submitted on 10/26/
defined. 82. See 40 CFR
52.1490(c)(25)(i)
(A).
445.447....................... ``Barite grinding 1/25/79 49 FR 11626 (3/27/84).... Submitted on 10/26/
mill'' defined. 82. See 40 CFR
52.1490(c)(25)(i)
(A).
445B.030...................... ``British thermal 10/22/87 71 FR 15040 (3/27/06).... Most recently
units'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(ii).
445B.035...................... ``Class I-B 10/30/95 77 FR 59321 (9/27/12).... Submitted on 1/24/
application'' 11. November 2010
defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.036...................... ``Class I 09/24/04 77 FR 59321 (9/27/12).... Submitted on 1/24/
source'' defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.037...................... ``Class II 07/22/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
source'' defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.038...................... ``Class III 07/22/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
source'' defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445.458....................... ``Calcine'' 12/4/76 49 FR 11626 (3/27/84).... Most recently
defined. approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445.464....................... ``Coal'' defined. 12/4/76 49 FR 11626 (3/27/84).... Most recently
approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445.470....................... ``Colemanite'' 11/17/78 49 FR 11626 (3/27/84).... Submitted on 10/26/
defined. 82. See 40 CFR
52.1490(c)(25)(i)
(A).
445.471....................... ``Colemanite 11/17/78 49 FR 11626 (3/27/84).... Submitted on 10/26/
processing 82. See 40 CFR
plant'' defined. 52.1490(c)(25)(i)
(A).
445B.042...................... ``Combustible 12/4/76 71 FR 15040 (3/27/06).... Most recently
refuse'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.0423..................... ``Commence'' 04/17/08 77 FR 59321 (9/27/12).... Submitted on 5/21/
defined. 12. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.0425..................... ``Commission'' 3/5/98 71 FR 15040 (3/27/06).... Submitted on 1/12/
defined. 06. See 40 CFR
52.1490(c)(56)(i)
(A)(3)(ii).
445B.044...................... ``Construction'' 10/31/05 77 FR 59321 (9/27/12).... Submitted on 1/24/
defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.046...................... ``Contiguous 12/04/76 77 FR 59321 (9/27/12).... Submitted on 1/24/
property'' 11. November 2010
defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.047...................... ``Continuous 12/4/76 71 FR 15040 (3/27/06).... Most recently
monitoring approved version
system'' defined. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445.482....................... ``Converter'' 12/4/76 49 FR 11626 (3/27/84).... Most recently
defined. approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
[[Page 418]]
445B.051...................... ``Day'' defined.. 10/22/87 71 FR 15040 (3/27/06).... Most recently
approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(ii).
445B.053...................... ``Director'' 12/4/76 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.054...................... ``Dispersion 10/31/05 77 FR 59321 (9/27/12).... Submitted on 1/24/
technique'' 11. November 2010
defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445.492....................... ``Dryer'' defined 12/4/76 49 FR 11626 (3/27/84).... Most recently
approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
Article 1.60.................. Effective date... 12/27/77 46 FR 43141 (8/27/81).... Submitted on 12/29/
78. See 40 CFR
52.1490(c)(14)(vi
i).
445B.055...................... ``Effective date 12/13/93 71 FR 15040 (3/27/06).... Submitted on 1/12/
of the program'' 06. See 40 CFR
defined. 52.1490(c)(56)(i)
(A)(2)(v).
445B.056...................... ``Emergency'' 12/13/93 71 FR 15040 (3/27/06).... Submitted on 1/12/
defined. 06. See 40 CFR
52.1490(c)(56)(i)
(A)(2)(v).
445B.058...................... ``Emission'' 3/5/98 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(ii).
445B.059...................... ``Emission unit'' 10/30/95 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
445B.060...................... ``Enforceable'' 10/14/82 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(i).
445B.061...................... ``EPA'' defined.. 12/13/93 71 FR 15040 (3/27/06).... Submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(2)(v).
445B.062...................... ``Equivalent 10/30/95 71 FR 71486 (12/11/06)... Most recently
method'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(7)(i).
445B.063...................... ``Excess 10/31/05 73 FR 19144 (4/9/08)..... Most recently
emissions'' approved version
defined. was submitted on
6/26/07. See 40
CFR
52.1490(c)(66)(i)
(A)(3)(iii).
445B.064...................... ``Excessive 10/31/05 77 FR 59321 (9/27/12).... Submitted on 1/24/
concentration'' 11. November 2010
defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.066...................... ``Existing 10/30/95 77 FR 59321 (9/27/12).... Submitted on 1/24/
stationary 11. November 2010
source'' defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
Article 1.73.................. Existing source.. 11/7/75 43 FR 36932 (8/21/78).... Submitted on 12/10/
76. See 40 CFR
52.1490(c)(12).
445.512....................... ``Floating roof'' 12/4/76 49 FR 11626 (3/27/84).... Most recently
defined. approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445.513....................... ``Fossil fuel'' 12/4/76 49 FR 11626 (3/27/84).... Most recently
defined. approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445B.068...................... ``Facility'' 10/30/95 77 FR 59321 (9/27/12).... Submitted on 1/24/
defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.069...................... ``Federally 04/17/08 77 FR 59321 (9/27/12).... Submitted on 1/24/
enforceable'' 11. November 2010
defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.070...................... ``Federally 12/13/93 77 FR 59321 (9/27/12).... Submitted on 1/24/
enforceable 11. November 2010
emissions cap'' codification of
defined. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.072...................... ``Fuel'' defined. 10/22/87 71 FR 15040 (3/27/06).... Most recently
approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(ii).
445B.073...................... ``Fuel-burning 9/19/90 71 FR 15040 (3/27/06).... Most recently
equipment'' approved version
defined. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(iii).
[[Page 419]]
445B.075...................... ``Fugitive dust'' 11/15/94 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(vi).
445B.077...................... ``Fugitive 10/30/95 71 FR 15040 (3/27/06).... Most recently
emissions'' approved version
defined. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
445B.080...................... ``Garbage'' 12/4/76 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.082...................... ``General 10/30/95 77 FR 59321 (9/27/12).... Submitted on 1/24/
permit'' defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.083...................... ``Good 10/31/05 77 FR 59321 (9/27/12).... Submitted on 1/24/
engineering 11. November 2010
practice stack codification of
height'' defined. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.084...................... ``Hazardous air 12/13/93 71 FR 71486 (12/11/06)... Submitted on 1/12/
pollutant'' 06. See 40 CFR
defined. 52.1490(c)(56)(i)
(A)(6)(ii).
445B.086...................... ``Incinerator'' 12/4/76 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.087...................... ``Increment'' 12/13/93 77 FR 59321 (9/27/12).... Submitted on 1/24/
defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445.536....................... ``Lead'' defined. 12/4/76 49 FR 11626 (3/27/84).... Most recently
approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445B.091...................... ``Local air 12/4/76 71 FR 15040 (3/27/06).... Most recently
pollution approved version
control agency'' was submitted on
defined. 1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
``Article 1--Definitions: No. Lowest achievable 8/28/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
2--LAER''. emission rate. 79. See 40 CFR
52.1490(c)(16)(i)
.
445B.093...................... ``Major 09/24/04 77 FR 59321 (9/27/12).... Submitted on 1/24/
modification'' 11. November 2010
defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.094...................... ``Major source'' 06/01/01 77 FR 59321 (9/27/12).... Submitted on 1/24/
defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.0945..................... ``Major 9/24/04 77 FR 59321 (9/27/12).... Submitted on 1/24/
stationary 11. November 2010
source'' defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.095...................... ``Malfunction'' 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
defined. on 9/16/76. Most
recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.097...................... ``Maximum 10/22/87 71 FR 15040 (3/27/06).... Most recently
allowable approved version
throughput'' was submitted on
defined. 1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(ii).
445B.099...................... ``Modification'' 10/30/95 77 FR 59321 (9/27/12).... Submitted on 1/24/
defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.103...................... ``Monitoring 1/11/96 71 FR 15040 (3/27/06).... Most recently
device'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(vi).
445B.104...................... ``Motor vehicle'' 06/01/01 77 FR 59321 (9/27/12).... Submitted on 1/24/
defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.106...................... ``Multiple 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
chamber on 9/16/76. Most
incinerator'' recently approved
defined. version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
[[Page 420]]
445B.107...................... ``Nearby'' 10/31/05 77 FR 59321 (9/27/12).... Submitted on 1/24/
defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
Article 1.114................. New source....... 11/7/75 43 FR 36932 (8/21/78).... Submitted on 12/10/
76. See 40 CFR
52.1490(c)(12).
445B.108...................... ``New stationary 10/30/95 77 FR 59321 (9/27/12).... Submitted on 1/24/
source'' defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.109...................... ``Nitrogen 11/15/94 71 FR 15040 (3/27/06).... Most recently
oxides'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(vi).
445B.112...................... ``Nonattainment 10/30/95 71 FR 15040 (3/27/06).... Most recently
area'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
445B.113...................... ``Nonroad 6/1/01 71 FR 15040 (3/27/06).... Submitted on 1/12/
engine'' defined. 06. See 40 CFR
52.1490(c)(56)(i)
(A)(3)(iv).
445B.1135..................... ``Nonroad 6/1/01 71 FR 15040 (3/27/06).... Submitted on 1/12/
vehicle'' 06. See 40 CFR
defined. 52.1490(c)(56)(i)
(A)(3)(iv).
445B.116...................... ``Odor'' defined. 10/30/95 71 FR 15040 (3/27/06).... Most recently
approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
445B.117...................... ``Offset'' 10/30/95 77 FR 59321 (9/27/12).... Submitted on 1/24/
defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.119...................... ``One-hour 10/22/87 71 FR 15040 (3/27/06).... Most recently
period'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(ii).
445B.121...................... ``Opacity'' 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
defined. on 9/16/76. Most
recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.122...................... ``Open burning'' 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
defined. on 9/16/76. Most
recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.123...................... ``Operating 07/22/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
permit'' defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.124...................... ``Operating 12/17/02 77 FR 59321 (9/27/12).... Submitted on 1/24/
permit to 11. November 2010
construct'' codification of
defined. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.125...................... ``Ore'' defined.. 11/17/78 71 FR 15040 (3/27/06).... Originally adopted
on 9/12/78. Most
recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(iii).
445B.127...................... ``Owner or 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
operator'' on 9/16/76. Most
defined. recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.129...................... ``Particulate 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
matter'' defined. on 9/16/76. Most
recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.130...................... ``Pathological 10/30/95 71 FR 15040 (3/27/06).... Most recently
wastes'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
445B.134...................... Person........... 9/18/06 72 FR 19801 (4/20/07).... Most recently
approved version
was submitted on
12/8/06. See 40
CFR
52.1490(c)(62)(i)
(A)(1).
445B.1345..................... ``Plantwide 07/22/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
applicability 11. November 2010
limitation'' codification of
defined. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445.565....................... ``Petroleum'' 12/4/76 49 FR 11626 (3/27/84).... Most recently
defined. approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
[[Page 421]]
445B.135...................... ``PM10'' defined. 12/26/91 71 FR 15040 (3/27/06).... Submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(2)(iv).
445B.138...................... ``Potential to 12/16/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
emit'' defined. 11. June 2012
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
Article 1.131................. Point source..... 12/4/76 43 FR 36932 (8/21/78).... Submitted on 12/10/
76. See 40 CFR
52.1490(c)(12).
445.570....................... ``Portland cement 12/4/76 49 FR 11626 (3/27/84).... Most recently
plant'' defined. approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445.574....................... ``Precious 8/28/79 49 FR 11626 (3/27/84).... Submitted on 10/26/
metal'' defined. 82. See 40 CFR
52.1490(c)(25)(i)
(A).
445.575....................... ``Precious metal 8/28/79 49 FR 11626 (3/27/84).... Submitted on 10/26/
processing 82. See 40 CFR
plant'' defined. 52.1490(c)(25)(i)
(A).
445B.142...................... ``Prevention of 12/13/93 77 FR 59321 (9/27/12).... Submitted on 1/24/
significant 11. November 2010
deterioration of codification of
air quality'' NAC chapter 445B
defined. published by the
Nevada
Legislative
Counsel Bureau.
445B.144...................... ``Process 12/4/76 71 FR 15040 (3/27/06).... Most recently
equipment'' version was
defined. submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.145...................... ``Process 10/30/95 71 FR 15040 (3/27/06).... Most recently
weight'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
445B.147...................... ``Program'' 12/13/93 77 FR 59321 (9/27/12).... Submitted on 1/24/
defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445.585....................... ``Process weight 8/28/79 49 FR 11626 (3/27/84).... Most recently
rate'' defined. approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445B.151...................... ``Reference 10/22/87 71 FR 15040 (3/27/06).... Most recently
conditions'' approved version
defined. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(ii).
445B.152...................... ``Reference 10/30/95 71 FR 15040 (3/27/06).... Most recently
method'' defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
445.592....................... ``Registration 8/28/79 49 FR 11626 (3/27/84).... Most recently
certificate'' approved version
defined. was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445B.153...................... ``Regulated air 10/31/05 73 FR 19144 (4/9/08)..... Submitted on 6/26/
pollutant'' 07. See 40 CFR
defined. 52.1490(c)(66)(i)
(A)(3)(iii).
445B.154...................... ``Renewal of an 12/13/93 77 FR 59321 (9/27/12).... Submitted on 1/24/
operating 11. November 2010
permit'' defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.156...................... ``Responsible 07/22/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
official'' 11. November 2010
defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.157...................... ``Revision of an 09/24/04 77 FR 59321 (9/27/12).... Submitted on 1/24/
operating 11. November 2010
permit'' defined. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445.597....................... ``Roaster'' 12/4/76 49 FR 11626 (3/27/84).... Most recently
defined. approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445B.161...................... ``Run'' defined.. 12/4/76 71 FR 15040 (3/27/06).... Most recently
approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.163...................... ``Salvage 12/4/76 71 FR 15040 (3/27/06).... Most recently
operation'' approved version
defined. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.167...................... ``Shutdown'' 12/4/76 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.168...................... ``Single chamber 12/27/77 71 FR 15040 (3/27/06).... Most recently
incinerator'' approved version
defined. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(ii).
[[Page 422]]
Article 1.171................. Single source.... 11/7/75 43 FR 36932 (8/21/78).... Submitted on 12/10/
76. See 40 CFR
52.1490(c)(12).
445B.172...................... ``Six-minute 12/4/76 73 FR 19144 (4/9/08)..... Most recently
period'' defined. approved version
was submitted on
6/26/07. See 40
CFR
52.1490(c)(66)(i)
(A)(1)(i).
445.618....................... ``Slag'' defined. 12/4/76 49 FR 11626 (3/27/84).... Most recently
approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445B.174...................... ``Smoke'' defined 12/4/76 71 FR 15040 (3/27/06).... Most recently
approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.176...................... ``Solid waste'' 12/4/76 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.177...................... ``Source'' 10/30/95 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
445B.180...................... ``Stack and 10/30/95 71 FR 15040 (3/27/06).... Most recently
chimney'' approved version
defined. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
445B.182...................... ``Standard'' 11/15/94 71 FR 15040 (3/27/06).... Most recently
defined. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(vi).
445B.185...................... ``Start-up'' 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
defined. on 9/16/76. Most
recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.187...................... ``Stationary 12/16/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
source'' defined. 11. June 2012
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.190...................... ``Stop order'' 12/13/93 73 FR 19144 (4/9/08)..... Most recently
defined. approved version
was submitted on
6/26/07. See 40
CFR
52.1490(c)(66)(i)
(A)(2)(i).
445B.194...................... ``Temporary 06/01/01 77 FR 59321 (9/27/12).... Submitted on 1/24/
source'' defined. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445.633....................... ``Submerged fill 12/4/76 49 FR 11626 (3/27/84).... Most recently
pipe'' defined. approved version
was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445B.198...................... ``Uncombined 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
water'' defined. on 9/16/76. Most
recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.200...................... ``Violation'' 12/13/93 77 FR 59321 (9/27/12).... Submitted on 5/21/
defined. 12. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Burea.
445B.202...................... ``Volatile 11/15/94 71 FR 71486 (12/11/06)... Most recently
organic approved version
compounds'' was submitted on
defined. 1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(6)(iii).
445B.205...................... ``Waste'' defined 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
on 9/16/76. Most
recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.207...................... ``Wet garbage'' 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
defined. on 9/16/76. Most
recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.209...................... ``Year'' defined. 10/22/87 71 FR 15040 (3/27/06).... Most recently
approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(2)(ii).
445B.211...................... Abbreviations.... 9/24/04 71 FR 15040 (3/27/06).... Most recently
approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(vii).
----------------------------------------------------------------------------------------------------------------
[[Page 423]]
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
Air Controls, Air Pollution; Nevada Air Quality Regulations--General Provisions
----------------------------------------------------------------------------------------------------------------
445B.220...................... Severability..... 1/1/07 73 FR 19144 (4/9/08)..... Most recently
approved version
was submitted on
6/26/07. See 40
CFR
52.1490(c)(66)(i)
(A)(3)(v).
445B.22017.................... Visible 4/1/06 73 FR 19144 (4/9/08)..... Most recently
emissions: approved version
Maximum opacity; submitted on 6/26/
determination 07. See 40 CFR
and monitoring 52.1490(c)(66)(A)
of opacity. (3)(iii).
445B.2202..................... Visible 4/1/06 73 FR 19144 (4/9/08)..... Most recently
emissions: approved version
Exceptions for submitted on 6/26/
stationary 07. See 40 CFR
sources. 52.1490(c)(66)(A)
(3)(iii).
Article 16.3.3, subsections Standard for 3/31/77 47 FR 26386 (6/18/82).... Submitted on 12/29/
16.3.3.2 and 16.3.3.3. Opacity 78. See 40 CFR
[Portland cement 52.1490(c)(14)(vi
plants]. ii). Subsection
16.3.3.1 was
deleted without
replacement at 72
FR 25971 (5/8/
07).
445.729....................... Process weight 12/4/76 49 FR 11626 (3/27/84).... Most recently
rate for approved version
calculating was submitted on
emission rates. 10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
Article 7.2.5.1............... [Establishes 12/3/80 47 FR 26386 (6/18/82).... Submitted on 11/5/
maximum 80. See 40 CFR
allowable 52.1490(c)(22)(ii
particulate ).
emissions rate
for the first
barite grinding
mill at Milchem
Inc. near Battle
Mountain].
445.808(1), (2)(a-c), (3), [Establishes 8/24/83 49 FR 11626 (3/27/84).... Submitted on 9/14/
(4), and (5). standards for (adopted) 83. See 40 CFR
maximum 52.1490(c)(26)(i)
allowable (A).
particulate
emissions rate
and discharge
opacity for
certain barite
grinding mills
at IMCO Services
and at Dresser
Industries, in
or near Battle
Mountain].
445.816(1), (2)(d), (3), (4), [Establishes 8/24/83 49 FR 11626 (3/27/84).... Submitted on 9/14/
and (5). standards for (adopted) 83. See 40 CFR
maximum 52.1490(c)(26)(i)
allowable (A).
particulate
emissions rate
and discharge
opacity for
certain
processing
plants for
precious metals
at the Freeport
Gold Company in
the North Fork
area].
445.730....................... Colemanite 11/17/78 49 FR 11626 (3/27/84).... Most recently
flotation approved version
processing was submitted on
plants. 10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445B.22027.................... Emissions of 3/5/98 72 FR 25971 (5/8/07)..... Most recently
particulate approved version
matter: Maximum was submitted on
allowable 1/12/06. See 40
throughput for CFR
calculating 52.1490(c)(56)(i)
emissions rates. (A)(3)(ii).
445B.2203..................... Emissions of 9/27/99 72 FR 25971 (5/8/07)..... Most recently
particulate approved version
matter: Fuel- was submitted on
burning 1/12/06. See 40
equipment. CFR
52.1490(c)(56)(i)
(A)(3)(iii).
445B.22033.................... Emissions of 3/5/98 72 FR 25971 (5/8/07)..... Most recently
particulate approved version
matter: Sources was submitted on
not otherwise 1/12/06. See 40
limited. CFR
52.1490(c)(56)(i)
(A)(3)(ii).
445B.22037.................... Emissions of 10/30/95 72 FR 25971 (5/8/07)..... Most recently
particulate approved version
matter: Fugitive was submitted on
dust. 1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
[[Page 424]]
Article 8, subsection 8.2.1... [Indirect Heat 1/28/72 37 FR 10842 (5/31/72).... Submitted on 1/28/
Transfer Fuel (submitted) 72. See 40 CFR
Burning 52.1490(b).
Equipment--Sulfu
r emission
limits].
Article 8.2.2................. [``Sulfur 12/4/76 46 FR 43141 (8/27/81).... Submitted on 12/29/
emission'' 78. See 40 CFR
defined for 52.1490(c)(14)(vi
purposes of i).
Article 8.].
445B.2204..................... ``Sulfur 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
emission'' on 9/16/76. Most
defined. recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.22043.................... Sulfur emissions: 9/24/04 73 FR 19144 (4/9/08)..... Most recently
Calculation of approved version
total feed submitted on 6/26/
sulfur. 07. See 40 CFR
52.1490(c)(66)(A)
(3)(ii).
445B.22047.................... Sulfur emissions: 9/27/99 71 FR 15040 (3/27/06).... Most recently
Fuel-burning approved version
equipment. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(iii).
445B.2205..................... Sulfur emissions: 9/24/04 73 FR 19144 (4/9/08)..... Most recently
Other processes approved version
which emit was submitted on
sulfur. 6/26/07. See 40
CFR
52.1490(c)(66)(A)
(3)(ii).
445B.22067.................... Open burning..... 4/15/04 71 FR 15040 (3/27/06).... Most recently
approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(vi).
445B.2207..................... Incinerator 4/15/04 71 FR 15040 (3/27/06).... Most recently
burning. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(vi).
445B.22083.................... Construction, 10/31/05 73 FR 20536 (4/16/08).... Most recently
major approved version
modification or was submitted on
relocation of 8/20/07. See 40
plants to CFR
generate 52.1490(c)(67)(i)
electricity (A)(1).
using steam
produced by
burning of
fossil fuels.
445B.2209..................... Reduction of 12/4/76 71 FR 15040 (3/27/06).... Originally adopted
animal matter. on 9/16/76. Most
recently approved
version was
submitted on 1/12/
06. See 40 CFR
52.1490(c)(56)(i)
(A)(1)(i).
445B.22093.................... Organic solvents 10/31/05 73 FR 19144 (4/9/08)..... Most recently
and other approved version
volatile was submitted on
compounds. 6/26/07. See 40
CFR
52.1490(c)(66)(i)
(A)(3)(iii).
445B.22095.................... Emission 4/23/09 77 FR 17334 (3/26/12).... Included in
limitation for supplemental SIP
BART. revision
submitted on
September 20,
2011, and
approved as part
of approval of
Nevada Regional
Haze SIP.
445B.22096, excluding the NOX Control measures 1/28/10 77 FR 50936 (8/23/12).... Included in
averaging time and control constituting supplemental SIP
type for units 1, 2 and 3 and BART; revision
the NOX emission limit for limitations on submitted on
unit 3 in sub-paragraph emissions. September 20,
(1)(c), all of which EPA has 2011, and
disapproved. approved as part
of approval of
Nevada Regional
Haze SIP.
Excluding the NOX
averaging time
and control type
for units 1, 2
and 3 and the NOX
emission limit
for unit 3 of NV
Energy's Reid
Gardner
Generating
Station, all of
which EPA has
disapproved.
445B.22097.................... Standards of 6/23/14 79 FR 62851, 10/21/2014.. Adopted Regulation
quality for of the State
ambient air. Environmental
Commission, LCB
File No. R145-13.
The Nevada SEC
amended NAC
445B.22097 on May
2, 2014, and NDEP
submitted it to
EPA on June 5,
2014.
445B.225...................... Prohibited 10/30/95 73 FR 19144 (4/9/08)..... Most recently
conduct: approved version
Concealment of was submitted on
emissions. 6/26/07. See 40
CFR
52.1490(c)(66)(i)
(A)(3)(i).
[[Page 425]]
445B.227...................... Prohibited 1/11/96 73 FR 19144 (4/9/08)..... Most recently
conduct: approved version
Operation of was submitted on
source without 1/12/06. See 40
required CFR
equipment; 52.1490(c)(56)(i)
removal or (A)(3)(i).
modification of
required
equipment;
modification of
required
procedure.
445B.229...................... Hazardous 10/30/95 73 FR 19144 (4/9/08)..... Most recently
emissions: Order approved version
for reduction or was submitted on
discontinuance. 6/26/07. See 40
CFR
52.1490(c)(66)(i)
(A)(3)(i).
445B.230...................... Plan for 9/18/06 72 FR 19801 (4/20/07).... Most recently
reduction in approved version
emissions. was submitted on
12/8/06. See 40
CFR
52.1490(c)(62)(i)
(A)(1).
445.667....................... Excess emissions: 8/28/79 49 FR 11626 (3/27/84).... Most recently
Scheduled approved version
maintenance; was submitted on
testing; 10/26/82. See 40
malfunction. CFR
52.1490(c)(25)(i)
(A).
Article 2.5 (``Scheduled [related to 11/7/75 43 FR 1341 (1/9/78)...... Submitted on 10/31/
Maintenance, Testing, and breakdown or 75. See 40 CFR
Breakdown or Upset''), upset]. 52.1490(c)(11).
subsection 2.5.4. Article 2.5,
subsection 2.5.4
states:
``Breakdown or
upset, determined
by the Director
to be unavoidable
and not the
result of
careless or
marginal
operations, shall
not be considered
a violation of
these
regulations.''
445B.250...................... Notification of 10/31/05 73 FR 20536 (4/16/08).... Most recently
Director: approved version
Construction, was submitted on
reconstruction 8/20/07. See 40
and initial CFR
start-up; 52.1490(c)(67)(i)
demonstration of (A)(1).
continuous
monitoring
system
performance.
445B.252...................... Testing and 10/30/03 73 FR 20536 (4/16/08).... Most recently
sampling. approved version
was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(3)(i).
445B.256...................... Monitoring 10/30/95 71 FR 71486 (12/11/06)... Most recently
systems: approved version
Calibration, was submitted on
operation and 1/12/06. See 40
maintenance of CFR
equipment. 52.1490(c)(56)(i)
(A)(7)(i).
445B.257...................... Monitoring 12/4/76 71 FR 71486 (12/11/06)... Most recently
systems: approved version
Location. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(5)(i).
445B.258...................... Monitoring 9/18/06 72 FR 19801 (4/20/07).... Most recently
systems: approved version
Verification of was submitted on
operational 12/8/06. See 40
status. CFR
52.1490(c)(62)(i)
(A)(1).
445B.259...................... Monitoring 9/18/06 72 FR 19801 (4/20/07).... Most recently
systems: approved version
Performance was submitted on
evaluations. 12/8/06. See 40
CFR
52.1490(c)(62)(i)
(A)(1).
445B.260...................... Monitoring 9/18/06 72 FR 19801 (4/20/07).... Most recently
systems: approved version
Components was submitted on
contracted for 12/8/06. See 40
before September CFR
11, 1974. 52.1490(c)(62)(i)
(A)(1).
445B.261...................... Monitoring 12/4/76 71 FR 71486 (12/11/06)... Most recently
systems: approved version
Adjustments. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(5)(i).
445B.262...................... Monitoring 10/30/03 71 FR 71486 (12/11/06)... Most recently
systems: approved version
Measurement of was submitted on
opacity. 1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(7)(iii).
445B.263...................... Monitoring 12/4/76 71 FR 71486 (12/11/06)... Most recently
systems: approved version
Frequency of was submitted on
operation. 1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(5)(i).
445B.264...................... Monitoring 9/25/00 71 FR 71486 (12/11/06)... Most recently
systems: approved version
Recordation of was submitted on
data. 1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(7)(ii).
445B.265...................... Monitoring 7/2/84 71 FR 71486 (12/11/06)... Most recently
systems: approved version
Records; reports. was submitted on
1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(6)(i).
[[Page 426]]
445B.267...................... Alternative 10/30/03 71 FR 71486 (12/11/06)... Most recently
monitoring approved version
procedures or was submitted on
requirements. 1/12/06. See 40
CFR
52.1490(c)(56)(i)
(A)(7)(iii).
445B.275...................... Violations: Acts 5/4/06 73 FR 19144 (4/9/08)..... Most recently
constituting; approved version
notice. was submitted on
6/26/07. See 40
CFR
52.1490(c)(66)(i)
(A)(3)(iv).
445B.277...................... Stop orders...... 5/4/06 73 FR 19144 (4/9/08)..... Most recently
approved version
was submitted on
6/26/07. See 40
CFR
52.1490(c)(66)(i)
(A)(3)(iv).
445.694....................... Emission 12/4/76 49 FR 11626 (3/27/84).... Most recently
discharge approved version
information. was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445.699....................... Violations: 12/4/76 49 FR 11626 (3/27/84).... Most recently
Administrative approved version
fines. was submitted on
10/26/82. See 40
CFR
52.1490(c)(25)(i)
(A).
445.764....................... Reduction of 8/17/81 49 FR 11626 (3/27/84).... Most recently
employees' pay approved version
because of use was submitted on
of system 10/26/82. See 40
prohibited. CFR
52.1490(c)(25)(i)
(A).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution--Operating Permits Generally
----------------------------------------------------------------------------------------------------------------
445B.287, excluding paragraphs Operating 07/22/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
(1)(d) and (4)(b). permits: General 11, except for
requirements; subsection (2),
exception; which was
restriction on submitted on 5/21/
transfers. 12. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.288...................... Operating 04/17/08 77 FR 59321 (9/27/12).... Submitted on 1/24/
permits: 11. November 2010
Exemptions from codification of
requirements; NAC chapter 445B
insignificant published by the
activities. Nevada
Legislative
Counsel Bureau.
445B.295...................... Application: 09/18/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
General 11. November 2010
requirements. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.297, excluding subsection Application: 05/04/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
(2). Submission; 11. November 2010
certification; codification of
additional NAC chapter 445B
information. published by the
Nevada
Legislative
Counsel Bureau.
445B.298...................... Application: 07/22/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
Official date of 11. November 2010
submittal. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.305...................... Operating 07/22/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
permits: 11. November 2010
Imposition of codification of
more stringent NAC chapter 445B
standards for published by the
emissions. Nevada
Legislative
Counsel Bureau.
445B.308, excluding paragraph Prerequisites and 12/23/13 79 FR 62851, 10/21/2014.. Adopted Regulation
(2)(d) and subsections (4) conditions for of the State
and (9). issuance of Environmental
certain Commission, LCB
operating File No. R042-13.
permits; The Nevada SEC
compliance with amended NAC
applicable state 445B.308 on
implementation December 4, 2013,
plan. and NDEP
submitted it to
EPA on January 3,
2014.
445B.310...................... Environmental 09/18/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
evaluation: 11. November 2010
Applicable codification of
sources and NAC chapter 445B
other subjects; published by the
exemption. Nevada
Legislative
Counsel Bureau.
445B.311...................... Environmental 6/23/14 79 FR 62851,10/21/2014... Adopted Regulation
evaluation: of the State
Contents; Environmental
consideration of Commission, LCB
good engineering File No. R145-13.
practice stack The Nevada SEC
height. amended NAC
445B.311 on May
2, 2014, and NDEP
submitted it to
EPA on June 5,
2014.
445B.313...................... Method for 12/16/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
determining heat 11. June 2012
input: Class I codification of
sources. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
[[Page 427]]
445B.3135..................... Method for 12/17/02 77 FR 59321 (9/27/12).... Submitted on 1/24/
determining heat 11. November 2010
input: Class II codification of
sources. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.314...................... Method for 12/17/02 77 FR 59321 (9/27/12).... Submitted on 1/24/
determining heat 11. November 2010
input: Class III codification of
sources. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.315...................... Contents of 5/4/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
operating 11. November 2010
permits: codification of
Exception for NAC chapter 445B
operating published by the
permits to Nevada
construct; Legislative
required Counsel Bureau.
conditions.
445B.318...................... Operating 5/4/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
permits: 11. November 2010
Requirement for codification of
each source; NAC chapter 445B
form of published by the
application; Nevada
issuance or Legislative
denial; posting. Counsel Bureau.
445B.319, excluding paragraph Operating 9/24/04 77 FR 59321 (9/27/12).... Submitted on 1/24/
(3)(b). permits: 11. November 2010
Administrative codification of
amendment. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.325, excluding Operating 7/22/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
subsections (1), (3), and (4). permits: 11. November 2010
Termination, codification of
reopening and NAC chapter 445B
revision, published by the
revision, or Nevada
revocation and Legislative
reissuance. Counsel Bureau.
445B.331...................... Request for 9/18/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
change of 11. November 2010
location of codification of
emission unit. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3361, excluding paragraph General 7/22/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
(1)(b) and subsections (6) requirements. 11. November 2010
and (7). codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3363..................... Operating permit 1/28/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
to construct: 11. November 2010
Application. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.33637.................... Operating permit 9/24/04 77 FR 59321 (9/27/12).... Submitted on 1/24/
to construct for 11. November 2010
approval of codification of
plantwide NAC chapter 445B
applicability published by the
limitation: Nevada
Application. Legislative
Counsel Bureau.
445B.3364..................... Operating permit 1/28/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
to construct: 11. November 2010
Action by codification of
Director on NAC chapter 445B
application; published by the
notice; public Nevada
comment and Legislative
hearing. Counsel Bureau.
445B.3365..................... Operating permit 5/4/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
to construct: 11. November 2010
Contents; codification of
noncompliance NAC chapter 445B
with conditions. published by the
Nevada
Legislative
Counsel Bureau.
445B.33656.................... Operating permit 5/4/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
to construct for 11. November 2010
approval of codification of
plantwide NAC chapter 445B
applicability published by the
limitation: Nevada
Contents; Legislative
noncompliance Counsel Bureau.
with conditions.
445B.3366..................... Expiration and 9/18/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
extension of 11. November 2010
operating permit codification of
to construct; NAC chapter 445B
expiration and published by the
renewal of Nevada
plantwide Legislative
applicability Counsel Bureau.
limitation.
[[Page 428]]
445B.3368..................... Additional 1/28/10 77 FR 59321 (9/27/12).... Submitted on 1/24/
requirements for 11. November 2010
application; codification of
exception. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3375, excluding Class I-B 9/18/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
subsections (2) and (3). application: 11. November 2010
Filing codification of
requirement. NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3395, excluding Action by 4/17/08 77 FR 59321 (9/27/12).... Submitted on 1/24/
subsections (13), (14), and Director on 11. November 2010
(15). application; codification of
notice; public NAC chapter 445B
comment and published by the
hearing; Nevada
objection by Legislative
Administrator; Counsel Bureau.
expiration of
permit.
445B.340, excluding subsection Prerequisites to 4/17/08 77 FR 59321 (9/27/12).... Submitted on 1/24/
(3). issuance, 11. November 2010
revision or codification of
renewal of NAC chapter 445B
permit. published by the
Nevada
Legislative
Counsel Bureau.
445B.342, excluding paragraph Certain changes 10/31/05 77 FR 59321 (9/27/12).... Submitted on 1/24/
(3)(e). authorized 11. November 2010
without revision codification of
of permit; NAC chapter 445B
notification of published by the
authorized Nevada
changes. Legislative
Counsel Bureau.
445B.3425..................... Minor revision of 9/24/04 77 FR 59321 (9/27/12).... Submitted on 1/24/
permit. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.344...................... Significant 12/17/02 77 FR 59321 (9/27/12).... Submitted on 1/24/
revision of 11. November 2010
permit. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3441..................... Administrative 9/18/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
revision of 11. November 2010
permit to codification of
incorporate NAC chapter 445B
conditions of published by the
certain permits Nevada
to construct. Legislative
Counsel Bureau.
445B.3443..................... Renewal of permit 12/17/08 77 FR 59321 (9/27/12).... Submitted on 1/24/
11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3447, excluding Class I general 12/17/02 77 FR 59321 (9/27/12).... Submitted on 5/21/
subsection (4). permit. 12. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3453, excluding Application: 5/4/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
subsection (3). General 11. November 2010
requirements. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3457..................... Action by 10/26/11 77 FR 59321 (9/27/12).... Submitted on 11/09/
Director on 11. June 2012
application; codification of
notice; public NAC chapter 445B
comment and published by the
hearing; Nevada
expiration of Legislative
permit. Counsel Bureau.
445B.346, excluding subsection Required contents 10/30/95 77 FR 59321 (9/27/12).... Submitted on 1/24/
(6). of permit. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3465..................... Application for 10/31/05 77 FR 59321 (9/27/12).... Submitted on 1/24/
revision. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3473..................... Renewal of permit 12/17/08 77 FR 59321 (9/27/12).... Submitted on 1/24/
11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3477..................... Class II general 4/17/08 77 FR 59321 (9/27/12).... Submitted on 1/24/
permit. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
[[Page 429]]
445B.3485..................... Application: 9/18/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
General 11. November 2010
requirements. codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3487..................... Action by 9/18/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
Director on 11. November 2010
application; codification of
expiration of NAC chapter 445B
permit. published by the
Nevada
Legislative
Counsel Bureau.
445B.3489..................... Required contents 9/18/06 77 FR 59321 (9/27/12).... Submitted on 1/24/
of permit. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3493..................... Application for 10/25/01 77 FR 59321 (9/27/12).... Submitted on 1/24/
revision. 11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
445B.3497..................... Renewal of permit 12/17/08 77 FR 59321 (9/27/12).... Submitted on 1/24/
11. November 2010
codification of
NAC chapter 445B
published by the
Nevada
Legislative
Counsel Bureau.
----------------------------------------------------------------------------------------------------------------
Nevada Air Quality Regulations--Point Sources and Registration Certificates
----------------------------------------------------------------------------------------------------------------
Nevada Air Quality Regulations General 12/15/77 47 FR 27070 (6/23/82).... Submitted on 7/24/
(NAQR), Article 13 (``Point Provisions for 79. See 40 CFR
Sources''), subsection 13.1, the Review of 52.1490(c)(16)(vi
paragraph 13.1.1. New Sources. ii).
NAQR, Article 13, subsection [related to 2/28/80 46 FR 21758 (4/14/81).... Submitted on 3/17/
13.1, paragraph 13.1.3 registration 80. See 40 CFR
[excluding 13.1.3(1) and certificates for 52.1490(c)(18)(i)
13.1.3(3)]. point sources . NAQR article
subject to the 13.1.3(3) was
requirement for deleted without
an environmental replacement at 73
evaluation; FR 20536 (4/16/
additional 08). See 40 CFR
requirements for 52.1490(c)(18)(i)
such sources to (A). NAQR article
be located in 13.1.3(1) was
nonattainment superseded by
areas]. approval of
amended NSR rules
at 77 FR 59321 (9/
27/12).
NAQR Article 13, subsection [relates to 12/15/77 47 FR 27070 (6/23/82).... Submitted on 7/24/
13.2 (excluding 13.2.3 and thresholds used 79. See 40 CFR
13.2.4). to identify 52.1490(c)(16)(vi
sources subject ii). Subsection
to environmental 13.2 includes
evaluation paragraphs 13.2.1-
requirement]. 13.2.2.
Paragraphs 13.2.3-
13.2.4 were
superseded by
approval of
amended NSR rules
at 77 FR 59321 (9/
27/12).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 58, Energy; Public Utilities and Similar Entities: Regulation of Public Utilities
Generally
----------------------------------------------------------------------------------------------------------------
704.820....................... Short title...... 1/1/79 47 FR 15790 (4/13/82).... NRS 704.820 to
704.900,
inclusive, is
cited as the
Utility
Environmental
Protection Act.
Submitted on 10/
13/80. See 40 CFR
52.1490(c)(21)(i)
.
704.825....................... Declaration of 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
legislative 80. See 40 CFR
findings and 52.1490(c)(21)(i)
purpose. .
704.830....................... Definitions...... 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
80. See 40 CFR
52.1490(c)(21)(i)
.
704.840....................... ``Commence to 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
construct'' 80. See 40 CFR
defined. 52.1490(c)(21)(i)
.
704.845....................... ``Local 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
government'' 80. See 40 CFR
defined. 52.1490(c)(21)(i)
.
704.850....................... ``Person'' 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
defined. 80. See 40 CFR
52.1490(c)(21)(i)
.
704.855....................... ``Public 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
utility,'' 80. See 40 CFR
``utility'' 52.1490(c)(21)(i)
defined. .
704.860....................... ``Utility 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
facility'' 80. See 40 CFR
defined. 52.1490(c)(21)(i)
.
[[Page 430]]
704.865....................... Construction 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
permit: 80. See 40 CFR
Requirement; 52.1490(c)(21)(i)
transfer; .
exceptions to
requirement.
704.870....................... Construction 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
permit 80. See 40 CFR
application: 52.1490(c)(21)(i)
Form, contents; .
filing; service;
public notice.
704.875....................... Review of 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
application by 80. See 40 CFR
state 52.1490(c)(21)(i)
environmental .
commission.
704.880....................... Hearing on 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
application for 80. See 40 CFR
permit. 52.1490(c)(21)(i)
.
704.885....................... Parties to permit 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
proceeding; 80. See 40 CFR
appearances; 52.1490(c)(21)(i)
intervention. .
704.890....................... Grant or denial 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
of application; 80. See 40 CFR
required 52.1490(c)(21)(i)
findings; .
service of
copies of order.
704.892....................... Grant, denial, 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
conditioning of 80. See 40 CFR
permit for plant 52.1490(c)(21)(i)
for generation .
of electrical
energy for
export.
704.895....................... Rehearing; 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
judicial review. 80. See 40 CFR
52.1490(c)(21)(i)
.
704.900....................... Cooperation with 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
United States, 80. See 40 CFR
other states. 52.1490(c)(21)(i)
.
----------------------------------------------------------------------------------------------------------------
General Order No. 3, Rules of Practice and Procedure Before the Public Service Commission
----------------------------------------------------------------------------------------------------------------
Rule 25....................... Construction 1/1/79 47 FR 15790 (4/13/82).... Submitted on 10/13/
Permits--Utility 80. See 40 CFR
Environmental 52.1490(c)(21)(ii
Protection Act. ).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--General Provisions
----------------------------------------------------------------------------------------------------------------
445B.400...................... Scope............ 9/1/06 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.401...................... Definitions...... 8/21/02 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.403...................... ``Approved 8/19/94 73 FR 38124 (7/3/08)..... Most recently
inspector'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.4045..................... ``Authorized 8/19/94 73 FR 38124 (7/3/08)..... Most recently
inspection approved version
station'' was submitted on
defined. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.405...................... ``Authorized 1/10/78 73 FR 38124 (7/3/08)..... Most recently
station'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.408...................... ``Carbon 1/10/78 73 FR 38124 (7/3/08)..... Most recently
monoxide'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.409...................... ``Certificate of 9/13/95 73 FR 38124 (7/3/08)..... Most recently
compliance'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.4092..................... ``Certified on- 8/21/02 73 FR 38124 (7/3/08)..... Most recently
board diagnostic approved version
system'' defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.4096..................... ``Class 1 9/13/95 73 FR 38124 (7/3/08)..... Most recently
approved approved version
inspector'' was submitted on
defined. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.4097..................... ``Class 1 fleet 9/13/95 73 FR 38124 (7/3/08)..... Most recently
station'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
[[Page 431]]
445B.4098..................... ``Class 2 9/13/95 73 FR 38124 (7/3/08)..... Most recently
approved approved version
inspector'' was submitted on
defined. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.4099..................... ``Class 2 fleet 9/13/95 73 FR 38124 (7/3/08)..... Most recently
station'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.410...................... ``CO2'' defined.. 9/28/88 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.411...................... ``Commission'' 1/10/78 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.413...................... ``Department'' 1/1/86 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.415...................... ``Director'' 8/19/94 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.416...................... ``Emission'' 1/10/78 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.418...................... ``EPA'' defined.. 9/28/88 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.419...................... ``Established 1/10/78 73 FR 38124 (7/3/08)..... Most recently
place of approved version
business'' was submitted on
defined. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.420...................... ``Evidence of 9/25/98 73 FR 38124 (7/3/08)..... Most recently
compliance'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.421...................... ``Exhaust 1/10/78 73 FR 38124 (7/3/08)..... Most recently
emissions'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.422...................... ``Exhaust gas 1/10/78 73 FR 38124 (7/3/08)..... Most recently
analyzer'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.424...................... ``Fleet station'' 8/19/94 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.4247..................... ``Gross vehicle 8/19/94 73 FR 38124 (7/3/08)..... Most recently
weight rating'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.426...................... ``Heavy-duty 9/25/98 73 FR 38124 (7/3/08)..... Most recently
motor vehicle'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.427...................... ``Hydrocarbon'' 9/28/88 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.428...................... ``Hz'' defined... 9/28/88 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.432...................... ``Light-duty 9/25/98 73 FR 38124 (7/3/08)..... Most recently
motor vehicle'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.433...................... ``Mini motor 10/1/83 73 FR 38124 (7/3/08)..... Most recently
home'' defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.434...................... ``Motor home'' 10/1/83 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.435...................... ``Motor vehicle'' 1/10/78 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.440...................... ``New motor 1/10/78 73 FR 38124 (7/3/08)..... Most recently
vehicle'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.442...................... ``Opacity'' 1/1/88 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
[[Page 432]]
445B.443...................... ``Person'' 1/1/88 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.444...................... ``ppm'' defined.. 9/28/88 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.449...................... ``Smoke'' defined 1/1/88 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.450...................... ``Special mobile 1/10/78 73 FR 38124 (7/3/08)..... Most recently
equipment'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.451...................... ``Standard'' 9/25/98 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.4515..................... ``State 9/25/98 73 FR 38124 (7/3/08)..... Most recently
electronic data approved version
transmission was submitted on
system'' defined. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.452...................... ``Tampering'' 1/10/78 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.4525..................... ``Test station'' 9/25/98 73 FR 38124 (7/3/08)..... Most recently
defined. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.453...................... ``Truck'' defined 10/1/83 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.454...................... ``Used motor 1/10/78 73 FR 38124 (7/3/08)..... Most recently
vehicle'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.455...................... ``Van 10/1/83 73 FR 38124 (7/3/08)..... Most recently
conversion'' approved version
defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.4553..................... ``Vehicle 8/21/02 73 FR 38124 (7/3/08)..... Most recently
inspection approved version
report'' defined. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.4556..................... ``Vehicle 9/25/98 73 FR 38124 (7/3/08)..... Most recently
inspection approved version
report number'' was submitted on
defined. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.456...................... Severability..... 9/25/98 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Facilities for Inspection and
Maintenance
----------------------------------------------------------------------------------------------------------------
445B.460...................... Test station: 9/1/06 73 FR 38124 (7/3/08)..... Most recently
License required approved version
to operate; was submitted on
expiration of 5/11/07. See 40
license; CFR
ratings; 52.1490(c)(71)(i)
performance of (A)(2).
certain
services;
prohibited acts;
location.
445B.461, except for paragraph Compliance by 9/25/98 73 FR 38124 (7/3/08)..... Most recently
(3)(d). Federal approved version
Government, was submitted on
state agencies 5/11/07. See 40
and political CFR
subdivisions. 52.1490(c)(71)(i)
(A)(2). NAC
section
445B.461(3)(d)
was deleted
without
replacement at 74
FR 3975 (1/22/
09). See 40 CFR
52.1490(c)(71)(i)
(A)(3).
445B.462...................... Test station: 9/25/98 73 FR 38124 (7/3/08)..... Most recently
Application for approved version
license to was submitted on
operate; 5/11/07. See 40
inspection of CFR
premises; 52.1490(c)(71)(i)
issuance of (A)(2).
license.
[[Page 433]]
445B.463...................... Test station: 8/21/02 73 FR 38124 (7/3/08)..... Most recently
Grounds for approved version
denial, was submitted on
revocation or 5/11/07. See 40
suspension of CFR
license; 52.1490(c)(71)(i)
reapplication; (A)(2).
permanent
revocation of
license.
445B.464...................... Test station: 9/25/98 73 FR 38124 (7/3/08)..... Most recently
Hearing approved version
concerning was submitted on
denial, 5/11/07. See 40
suspension or CFR
revocation of 52.1490(c)(71)(i)
license. (A)(2).
445B.465...................... Authorized 9/1/06 73 FR 38124 (7/3/08)..... Most recently
station or approved version
authorized was submitted on
inspection 5/11/07. See 40
station: CFR
Requirements for 52.1490(c)(71)(i)
bond or deposit. (A)(2).
445B.466...................... Authorized 9/25/98 73 FR 38124 (7/3/08)..... Most recently
station or approved version
authorized was submitted on
inspection 5/11/07. See 40
station: CFR
Liability under 52.1490(c)(71)(i)
bond or deposit; (A)(2).
suspension and
reinstatement of
licenses.
445B.467...................... Authorized 9/25/98 73 FR 38124 (7/3/08)..... Most recently
station or approved version
authorized was submitted on
inspection 5/11/07. See 40
station: CFR
Disbursement, 52.1490(c)(71)(i)
release or (A)(2).
refund of bond
or deposit.
445B.468...................... Authorized 9/1/06 73 FR 38124 (7/3/08)..... Most recently
stations and approved version
authorized was submitted on
inspection 5/11/07. See 40
stations: Scope CFR
of coverage of 52.1490(c)(71)(i)
bond or deposit. (A)(2).
445B.469...................... Authorized 9/1/06 73 FR 38124 (7/3/08)..... Most recently
station or approved version
authorized was submitted on
inspection 5/11/07. See 40
station: Posting CFR
of signs and 52.1490(c)(71)(i)
placards. (A)(2).
445B.470...................... Test station: 9/1/06 73 FR 38124 (7/3/08)..... Most recently
Display of approved version
licenses; was submitted on
availability of 5/11/07. See 40
reference CFR
information. 52.1490(c)(71)(i)
(A)(2).
445B.471...................... Test station: 9/1/06 73 FR 38124 (7/3/08)..... Most recently
Advertising; approved version
provision by was submitted on
Department of 5/11/07. See 40
certain CFR
informational 52.1490(c)(71)(i)
material for (A)(2).
public.
445B.472...................... Test station: 9/1/06 73 FR 38124 (7/3/08)..... Most recently
Records of approved version
inspections and was submitted on
repairs; 5/11/07. See 40
inspection of CFR
place of 52.1490(c)(71)(i)
business; audit (A)(2).
of exhaust gas
analyzers.
445B.473...................... Test station: 9/1/06 73 FR 38124 (7/3/08)..... Most recently
Notice of approved version
wrongfully was submitted on
distributed or 5/11/07. See 40
received vehicle CFR
inspection 52.1490(c)(71)(i)
reports; (A)(2).
inventory of
vehicle
inspection
reports.
445B.474...................... Test station: 7/17/03 73 FR 38124 (7/3/08)..... Most recently
Failure to approved version
employ approved was submitted on
inspector. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.475...................... Authorized 9/13/95 73 FR 38124 (7/3/08)..... Most recently
station or class approved version
2 fleet station: was submitted on
Requirements for 5/11/07. See 40
employees. CFR
52.1490(c)(71)(i)
(A)(2).
[[Page 434]]
445B.476...................... Test station: 9/25/98 73 FR 38124 (7/3/08)..... Most recently
Willful failure approved version
to comply with was submitted on
directive; 5/11/07. See 40
suspension of CFR
license; 52.1490(c)(71)(i)
reapplication (A)(2).
after revocation
of license.
445B.478...................... Fleet station: 9/25/98 73 FR 38124 (7/3/08)..... Most recently
Licensing; approved version
powers and was submitted on
duties. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.480...................... Test station: 9/1/06 73 FR 38124 (7/3/08)..... Most recently
Requirements approved version
concerning was submitted on
business hours. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Inspectors
----------------------------------------------------------------------------------------------------------------
445B.485...................... Prerequisites to 2/23/06 73 FR 38124 (7/3/08)..... Most recently
licensing. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.486...................... Examination of 2/23/06 73 FR 38124 (7/3/08)..... Most recently
applicants for approved version
licensing. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.487...................... Denial of license 9/13/95 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.489...................... Grounds for 2/23/06 73 FR 38124 (7/3/08)..... Most recently
denial, approved version
suspension or was submitted on
revocation of 5/11/07. See 40
license. CFR
52.1490(c)(71)(i)
(A)(2).
445B.490...................... Hearing on 2/23/06 73 FR 38124 (7/3/08)..... Most recently
suspension or approved version
revocation of was submitted on
license. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.491...................... Temporary 1/10/78 73 FR 38124 (7/3/08)..... Most recently
suspension or approved version
refusal to renew was submitted on
license. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.492...................... Duration of 12/20/79 73 FR 38124 (7/3/08)..... Most recently
suspension; approved version
surrender of was submitted on
license. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.493...................... Limitation on 2/23/06 73 FR 38124 (7/3/08)..... Most recently
reapplication approved version
after revocation was submitted on
or denial or 5/11/07. See 40
license; CFR
surrender of 52.1490(c)(71)(i)
revoked license; (A)(2).
permanent
revocation of
license.
445B.495...................... Contents of 9/13/95 73 FR 38124 (7/3/08)..... Most recently
license. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.496...................... Expiration of 1/1/88 73 FR 38124 (7/3/08)..... Most recently
license. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.497...................... Requirements for 2/23/06 73 FR 38124 (7/3/08)..... Most recently
renewal of approved version
license. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.498...................... Performance of 2/23/06 73 FR 38124 (7/3/08)..... Most recently
emission approved version
inspection was submitted on
without license 5/11/07. See 40
prohibited; CFR
expiration of 52.1490(c)(71)(i)
license; license (A)(2).
ratings.
445B.4983..................... Issuance of 2/23/06 73 FR 38124 (7/3/08)..... Most recently
access code to approved version
approved was submitted on
inspector; use 5/11/07. See 40
of access code CFR
and 52.1490(c)(71)(i)
identification (A)(2).
number.
445B.4985..................... Violations....... 7/17/03 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.499...................... Fees............. 7/17/03 73 FR 38124 (7/3/08)..... Most recently
approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
[[Page 435]]
445B.501...................... Report of change 12/20/79 73 FR 38124 (7/3/08)..... Most recently
in place of approved version
employment or was submitted on
termination of 5/11/07. See 40
employment. CFR
52.1490(c)(71)(i)
(A)(2).
445B.502...................... Submission of 9/13/95 73 FR 38124 (7/3/08)..... Most recently
certificate of approved version
employment to was submitted on
report change. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Exhaust Gas Analyzers
----------------------------------------------------------------------------------------------------------------
445B.5049..................... Connection to 9/25/98 73 FR 38124 (7/3/08)..... Most recently
state electronic approved version
data was submitted on
transmission 5/11/07. See 40
system. CFR
52.1490(c)(71)(i)
(A)(2).
445B.505...................... Availability of 7/17/03 73 FR 38124 (7/3/08)..... Most recently
list of approved approved version
analyzers and was submitted on
their 5/11/07. See 40
specifications. CFR
52.1490(c)(71)(i)
(A)(2).
445B.5052..................... Approved 6/1/06 73 FR 38124 (7/3/08)..... Most recently
analyzer: Use approved version
and equipment; was submitted on
deactivation by 5/11/07. See 40
Department. CFR
52.1490(c)(71)(i)
(A)(2).
445B.5055..................... Revocation of 9/13/95 73 FR 38124 (7/3/08)..... Most recently
approval of approved version
analyzer. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.5065..................... Manufacturer of 7/17/03 73 FR 38124 (7/3/08)..... Most recently
approved approved version
analyzer: was submitted on
Required 5/11/07. See 40
warranty. CFR
52.1490(c)(71)(i)
(A)(2).
445B.5075..................... Manufacturer of 7/17/03 73 FR 38124 (7/3/08)..... Most recently
approved approved version
analyzer: was submitted on
Required 5/11/07. See 40
services; CFR
administrative 52.1490(c)(71)(i)
fine for (A)(2).
violations.
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Control of Emissions: Generally
----------------------------------------------------------------------------------------------------------------
445B.575...................... Device to control 3/1/02 73 FR 38124 (7/3/08)..... Most recently
pollution: approved version
General was submitted on
requirement; 5/11/07. See 40
alteration or CFR
modification. 52.1490(c)(71)(i)
(A)(2).
445B.576...................... Vehicles powered 10/22/92 73 FR 38124 (7/3/08)..... Most recently
by gasoline or approved version
diesel fuel: was submitted on
Restrictions on 5/11/07. See 40
visible CFR
emissions and on 52.1490(c)(71)(i)
idling of diesel (A)(2).
engines.
445B.577...................... Devices used on 1/1/88 73 FR 38124 (7/3/08)..... Most recently
stationary approved version
rails: was submitted on
Restrictions on 5/11/07. See 40
visible CFR
emissions. 52.1490(c)(71)(i)
(A)(2).
445B.578...................... Exceptions to 10/22/92 73 FR 38124 (7/3/08)..... Most recently
restrictions on approved version
visible was submitted on
emissions. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.579...................... Inspection of 9/1/06 73 FR 38124 (7/3/08)..... Most recently
vehicle: Devices approved version
for emission was submitted on
control required. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.580...................... Inspection of 9/1/06 73 FR 38124 (7/3/08)..... Most recently
vehicle: approved version
Procedure for was submitted on
certain vehicles 5/11/07. See 40
with model year CFR
of 1995 or older 52.1490(c)(71)(i)
and heavy-duty (A)(2).
vehicles with
model year of
1996 or newer.
445B.5805..................... Inspection of 8/21/02 73 FR 38124 (7/3/08)..... Most recently
vehicle: approved version
Procedure for was submitted on
light-duty 5/11/07. See 40
vehicles with CFR
model year of 52.1490(c)(71)(i)
1996 or newer. (A)(2).
[[Page 436]]
445B.581...................... Inspection of 9/1/06 73 FR 38124 (7/3/08)..... Most recently
vehicle: Place approved version
and equipment was submitted on
for performance. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.5815..................... Inspection of 3/1/02 73 FR 38124 (7/3/08)..... Most recently
vehicle: approved version
Certified on- was submitted on
board diagnostic 5/11/07. See 40
systems. CFR
52.1490(c)(71)(i)
(A)(2).
445B.582...................... Repair of 9/13/95 73 FR 38124 (7/3/08)..... Most recently
vehicle; approved version
reinspection or was submitted on
testing. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.583...................... Evidence of 9/25/98 73 FR 38124 (7/3/08)..... Most recently
compliance: approved version
Purpose; records. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.584...................... Evidence of 7/17/03 73 FR 38124 (7/3/08)..... Most recently
compliance: approved version
Purchase of was submitted on
vehicle 5/11/07. See 40
inspection CFR
report numbers. 52.1490(c)(71)(i)
(A)(2).
445B.585...................... Evidence of 9/25/98 73 FR 38124 (7/3/08)..... Most recently
compliance: approved version
Issuance by was submitted on
approved 5/11/07. See 40
inspector. CFR
52.1490(c)(71)(i)
(A)(2).
445B.586...................... Evidence of 9/25/98 73 FR 38124 (7/3/08)..... Most recently
compliance: approved version
Return of fee. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.587...................... Test of light- 9/25/98 73 FR 38124 (7/3/08)..... Most recently
duty motor approved version
vehicles powered was submitted on
by diesel 5/11/07. See 40
engines: CFR
Equipment for 52.1490(c)(71)(i)
measurement of (A)(2).
smoke opacity.
445B.588...................... Testing of light- 7/17/03 73 FR 38124 (7/3/08)..... Most recently
duty motor approved version
vehicles powered was submitted on
by diesel 5/11/07. See 40
engines: List of CFR
approved 52.1490(c)(71)(i)
equipment. (A)(2).
445B.589...................... Testing of light- 9/1/06 73 FR 38124 (7/3/08)..... Most recently
duty motor approved version
vehicles powered was submitted on
by diesel 5/11/07. See 40
engines: CFR
Procedure; 52.1490(c)(71)(i)
certificate of (A)(2).
compliance;
effect of
failure; lack of
proper fuel cap.
445B.5895..................... Dissemination of 9/1/06 73 FR 38124 (7/3/08)..... Most recently
list of approved version
authorized was submitted on
stations. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.590...................... Waiver of 5/14/98 73 FR 38124 (7/3/08)..... Most recently
standards for approved version
emissions. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.591...................... Form for 1/1/88 73 FR 38124 (7/3/08)..... Most recently
registration of approved version
vehicle in area was submitted on
where inspection 5/11/07. See 40
of vehicle not CFR
required. 52.1490(c)(71)(i)
(A)(2).
445B.5915..................... Requirements for 9/1/06 73 FR 38124 (7/3/08)..... Most recently
registration of approved version
vehicle was submitted on
temporarily 5/11/07. See 40
being used and CFR
maintained in 52.1490(c)(71)(i)
another state. (A)(2).
445B.592...................... Applicability of 10/31/05 73 FR 38124 (7/3/08)..... Most recently
certain approved version
standards for was submitted on
emissions and 5/11/07. See 40
other CFR
requirements. 52.1490(c)(71)(i)
(A)(2).
445B.593...................... Evidence of 10/31/05 73 FR 38124 (7/3/08)..... Most recently
compliance approved version
required for was submitted on
certain vehicles 5/11/07. See 40
based in Clark CFR
County. 52.1490(c)(71)(i)
(A)(2).
[[Page 437]]
445B.594...................... Evidence of 10/31/05 73 FR 38124 (7/3/08)..... Most recently
compliance approved version
required for was submitted on
certain vehicles 5/11/07. See 40
based in Washoe CFR
County. 52.1490(c)(71)(i)
(A)(2).
445B.595(1)................... Inspections of 9/13/95 73 FR 38124 (7/3/08)..... Most recently
vehicles owned approved version
by State or was submitted on
political 5/11/07. See 40
subdivisions or CFR
operated on 52.1490(c)(71)(i)
federal (A)(2).
installations. Subsection 2 was
not included in
the 7/3/08
approval of NAC
445B.595. Certain
paragraphs of
subsection (2)
were approved at
74 FR 3975 (1/22/
09).
445B.595(2) (a), (b), and (c). Inspections of 9/13/95 74 FR 3975 (1/22/09)..... Most recently
vehicles owned approved version
by State or was submitted on
political 5/11/07. See 40
subdivisions or CFR
operated on 52.1490(c)(71)(i)
federal (A)(4).
installations.
445B.596...................... Standards for 8/21/02 73 FR 38124 (7/3/08)..... Most recently
emissions. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.598...................... Imposition and 9/13/95 73 FR 38124 (7/3/08)..... Most recently
statement of fee approved version
for inspection was submitted on
and testing; 5/11/07. See 40
listing of CFR
stations and 52.1490(c)(71)(i)
fees. (A)(2).
445B.599...................... Prescription and 9/25/98 73 FR 38124 (7/3/08)..... Most recently
notice of approved version
maximum fees for was submitted on
inspections and 5/11/07. See 40
testing. CFR
52.1490(c)(71)(i)
(A)(2).
445B.600...................... Procedure for 9/13/95 73 FR 38124 (7/3/08)..... Most recently
setting new fee. approved version
was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.601...................... Concealment of 1/10/78 73 FR 38124 (7/3/08)..... Most recently
emissions approved version
prohibited. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Restored Vehicles
----------------------------------------------------------------------------------------------------------------
445B.6115..................... Exemption of 7/27/00 73 FR 38124 (7/3/08)..... Most recently
vehicle from approved version
certain was submitted on
provisions. 5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.6125..................... Certification of 3/5/98 73 FR 38124 (7/3/08)..... Most recently
vehicle for approved version
exemption. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Inspection of Test Stations and
Approved Inspectors
----------------------------------------------------------------------------------------------------------------
445B.7015..................... Annual and 2/3/05 73 FR 38124 (7/3/08)..... Most recently
additional approved version
inspections. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
445B.7025..................... Alteration of 2/3/05 73 FR 38124 (7/3/08)..... Most recently
emission control approved version
system of was submitted on
vehicle used to 5/11/07. See 40
conduct CFR
inspection. 52.1490(c)(71)(i)
(A)(2).
445B.7035..................... Preliminary 2/3/05 73 FR 38124 (7/3/08)..... Most recently
written notice approved version
of violation; was submitted on
reinspection of 5/11/07. See 40
vehicle. CFR
52.1490(c)(71)(i)
(A)(2).
445B.7045..................... Administrative 2/3/05 73 FR 38124 (7/3/08)..... Most recently
fines and other approved version
penalties for was submitted on
certain 5/11/07. See 40
violations. CFR
52.1490(c)(71)(i)
(A)(2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Miscellaneous Provisions
----------------------------------------------------------------------------------------------------------------
445B.727...................... Administrative 2/3/05 73 FR 38124 (7/3/08)..... Most recently
fines and other approved version
penalties. was submitted on
5/11/07. See 40
CFR
52.1490(c)(71)(i)
(A)(2).
[[Page 438]]
445B.735...................... Program for 9/25/98 73 FR 38124 (7/3/08)..... Most recently
licensure to approved version
install, repair was submitted on
and adjust 5/11/07. See 40
devices for CFR
control of 52.1490(c)(71)(i)
emissions. (A)(2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 590, Petroleum Products and Antifreeze, Fuels
----------------------------------------------------------------------------------------------------------------
590.065 (excluding subsection Adopted 1/28/10 75 FR 59090 (9/27/10).... See 40 CFR
(7)). Regulation of 52.1490(c)(74)(i)
the State Board (B). As adopted
of Agriculture by the Nevada
LCB File No. Board of
R111-08. A Agriculture.
regulation Submitted on 3/26/
relating to 10 for inclusion
fuel; adopting into Appendix C
by reference a of the 2008 Las
certain standard Vegas Valley CO
for gasoline Maintenance Plan.
published by
ASTM
International;
providing
exceptions; and
providing other
matters properly
relating thereto.
----------------------------------------------------------------------------------------------------------------
Table 2--EPA-Approved Lander County Regulations
----------------------------------------------------------------------------------------------------------------
County Additional
County citation Title/Subject effective date EPA Approval date explanation
----------------------------------------------------------------------------------------------------------------
Lander County Ordinance LC 8- Dust Ordinance... 9/8/78 46 FR 21758 (4/14/81).... Was approved as
78. part of the
Lander County Air
Quality
Improvement Plan
which was
submitted on 12/
29/78.
----------------------------------------------------------------------------------------------------------------
Table 3--EPA-Approved Clark County Regulations
----------------------------------------------------------------------------------------------------------------
County Additional
County citation Title/Subject effective date EPA Approval date explanation
----------------------------------------------------------------------------------------------------------------
Section 0..................... Definitions...... 4/1/14 79 FR 62351, 10/17/14.... Amended by Clark
County Board of
County
Commissioners on
March 18, 2014
through Ordinance
No. 4189.
Submitted by NDEP
on 4/1/14.
Section 1 (``Definitions''): Affected Facility 12/28/78 46 FR 21758 (4/14/81).... Submitted on 9/18/
Subsection 1.1. 79. See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Dust............. 12/28/78 46 FR 21758 (4/14/81).... Submitted on 9/18/
Subsection 1.26. 79. See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Existing Gasoline 12/28/78 46 FR 21758 (4/14/81).... Submitted on 9/18/
Subsection 1.29. Station. 79. See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Fumes............ 12/28/78 46 FR 21758 (4/14/81).... Submitted on 9/18/
Subsection 1.36. 79. See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Mist............. 12/28/78 46 FR 21758 (4/14/81).... Submitted on 9/18/
Subsection 1.51. 79. See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): New Gasoline 9/3/81 47 FR 26620 (6/21/82).... Submitted on 11/17/
Subsection 1.57. Station. 81. See 40 CFR 52/
1490(c)(24)(iii).
Section 1 (``Definitions''): New Source....... 12/28/78 46 FR 21758 (4/14/81).... Submitted on 9/18/
Subsection 1.58. 79. See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Single Source.... 12/28/78 46 FR 21758 (4/14/81).... Submitted on 9/18/
Subsection 1.81. 79. See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Standard 12/28/78 46 FR 21758 (4/14/81).... Submitted on 9/18/
Subsection 1.88. Conditions. 79. See 40 CFR 52/
1490(c)(17)(i).
[[Page 439]]
Section 1 (``Definitions''): Uncombined Water. 12/28/78 46 FR 21758 (4/14/81).... Submitted on 9/18/
Subsection 1.95. 79. See 40 CFR 52/
1490(c)(17)(i).
Section 2: Subsections 2.1, Air Pollution 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
2.2, and 2.3. Control Board. 79. See 40 CFR
52.1490(c)(16)(vi
ii).
Section 4: Subsections 4.1- Control Officer.. 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
4.11 (excluding subsection 79. See 40 CFR
4.7.3). 52.1490(c)(16)(vi
ii). Subsection
4.7.3, submitted
on 7/24/79, was
superseded by
approval of
amended provision
at 47 FR 26386 (6/
18/82).
Section 4 (Control Officer): [related to 9/3/81 47 FR 26386 (6/18/82).... Submitted on 11/17/
Subsection 4.7.3. authority of 81. See 40 CFR
control officer]. 52.1490(c)(24)(iv
).
Section 4 (Control Officer): [related to 4/24/80 46 FR 43141 (8/27/81).... Submitted on 11/5/
Subsections 4.12, 4.12.1- public 80. See 40 CFR
4.12.3. notification]. 52.1490(c)(22)(i)
.
Section 5: Subsection 5.1..... Interference with 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
Control Officer. 79. See 40 CFR
52.1490(c)(16)(vi
ii).
Section 6: Subsection 6.1..... Injunctive Relief 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
79. See 40 CFR
52.1490(c)(16)(vi
ii).
Section 8: Subsections 8.1, Persons Liable 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
8.2. for Penalties-- 79. See 40 CFR
Punishment; 52.1490(c)(16)(vi
Defense. ii).
Section 10.................... Compliance 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
Schedules. 79. See 40 CFR
52.1490(c)(16)(vi
ii).
Section 12.0.................. Applicability, 4/1/14 79 FR 62351, 10/17/14.... Amended by Clark
General County Board of
Requirements and County
Transition Commissioners on
Procedures. March 18, 2014
through Ordinance
No. 4189.
Submitted by NDEP
on 4/1/14.
Section 12.1.................. Permit 4/1/14 79 FR 62351, 10/17/14.... Amended by Clark
Requirements for County Board of
Minor Sources. County
Commissioners on
March 18, 2014
through Ordinance
No. 4189.
Submitted by NDEP
on 4/1/14.
Section 12.2.................. Permit 4/1/14 79 FR 62351, 10/17/14.... Amended by Clark
Requirements for County Board of
Major Sources in County
Attainment Areas Commissioners on
(Prevention of March 18, 2014
Significant through Ordinance
Deterioration). No. 4189.
Submitted by NDEP
on 4/1/14.
Section 12.3.................. Permit 4/1/14 79 FR 62351, 10/17/14.... Amended by Clark
Requirements for County Board of
Major Sources in County
Nonattainment Commissioners on
Areas. March 18, 2014
through Ordinance
No. 4189.
Submitted by NDEP
on 4/1/14.
Section 12.4.................. Authority to 4/1/14 79 FR 62351, 10/17/14.... Amended by Clark
Construct County Board of
Application and County
Permit Commissioners on
Requirements For March 18, 2014
Part 70 Sources. through Ordinance
No. 4189.
Submitted by NDEP
on 4/1/14.
Section 12.7: Subsection Emission 7/1/10 79 FR 62351, 10/17/14.... The heading for
12.7.5. Reduction subsection 12.7.5
Credits. is ``Criteria for
Granting ERCs.''
Adopted by Clark
County Board of
County
Commissioners on
May 18, 2010
through Ordinance
No. 3864.
Submitted by NDEP
on 4/1/14.
Section 18: Subsections 18.1- Registration/ 9/3/81 47 FR 26386 (6/18/82).... Submitted on 11/17/
18.5.2. Permit Fees. 81. See 40 CFR
52.1490(c)(24)(iv
).
Section 18: Subsections 18.6- Registration/ 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
18.12. Permit Fees. 79. See 40 CFR
52.1490(c)(16)(vi
ii).
[[Page 440]]
Section 23: Subsections 23.1- Continuous 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
23.5 (excluding subsections Monitoring by 79. See 40 CFR
23.2.1-23.3.1.2, 23.3.4- Fossil Fuel- 52.1490(c)(16)(vi
23.3.5). Fired Steam ii). Subsections
Generators. 23.2.1-23.3.1.2,
23.3.4-23.3.5,
submitted on 7/24/
79, were
superseded by
revised
subsections
submitted on 11/
17/81 and
approved at 47 FR
26386 (6/18/82).
Section 23 (Continuous [related to 9/3/81 47 FR 26386 (6/18/82).... Submitted on 11/17/
Monitoring by Fossil Fuel- specifications 81. See 40 CFR
Fired Steam Generators): for continuous 52.1490(c)(24)(iv
Subsections 23.2.1-23.3.1.2, monitoring]. ).
23.3.4-23.3.5).
Section 25: Subsection 25.2... Upset, Breakdown 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
or Scheduled 79. See 40 CFR
Maintenance. 52.1490(c)(16)(vi
ii). Subsection
25.1, submitted
on 7/24/79, was
never approved
into the SIP; see
40 CFR 52.1483
and 69 FR 54006,
at 54017, 54018
(9/7/04).
Section 26.................... Emission of 5/5/2016 82 FR 27622 (6/16/2017).. Submitted on June
Visible Air 29, 2015.
Contaminants.
Section 27.................... Particulate 9/3/81 47 FR 26386 (6/18/82).... Submitted on 11/17/
Matter from 81. See 40 CFR
Process Weight 52.1490(c)(24)(iv
Rate. ).
Section 28: Subsections 28.1 Fuel Burning 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
and 28.2. Equipment. 79. See 40 CFR
52.1490(c)(16)(vi
ii).
Section 31.................... Reduction of 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
Emission of 79. See 40 CFR
Sulfur from 52.1490(c)(16)(vi
Primary Non- ii).
Ferrous Smelters.
Section 32: Subsections 32.1, Reduction of 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
32.2. Animal Matter. 79. See 40 CFR
52.1490(c)(16)(vi
ii).
Section 33.................... Chlorine in 5/18/84 51 FR 29923 (8/21/86).... Submitted on 1/11/
Chemical 85. See 40 CFR
Processes. 52.1490(c)(i)(A).
See also
clarification at
69 FR 54006 (9/7/
04.
Section 41.................... Fugitive Dust.... 4/29/14 79 FR 60080, 10/6/14..... Adopted by Clark
County on April
15, 2014 and
submitted by NDEP
on May 27, 2014.
Section 42: Subsections 42.1, Open Burning..... 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
42.3 and 42.4. 79. See 40 CFR
52.1490(c)(16)(vi
ii). Subsection
42.2 deleted
without
replacement--see
40 CFR
52.1490(c)(16)(vi
ii)(C).
Section 50.................... Storage of 12/28/78 46 FR 21758 (4/14/81).... Submitted on 7/24/
Petroleum 79. See 40 CFR
Products. 52.1490(c)(16)(ii
).
Section 51.................... Petroleum Product 12/28/78 46 FR 21758 (4/14/81).... Submitted on 7/24/
Loading into 79. See 40 CFR
Tank Trucks and 52.1490(c)(16)(ii
Trailers. ).
Section 52: Subsections 52.1- Handling of 12/28/78 46 FR 21758 (4/14/81).... Submitted on 7/24/
52.10 (excluding subsections Gasoline at 79. See 40 CFR
52.4.2.3 and 52.7.2). Service 52.1490(c)(16)(ii
Stations, ). Subsections
Airports and 52.4.2.3 and
Storage Tanks. 52.7.2 were
superseded by
amended
provisions
submitted on 11/
17/81 and
approved at 47 FR
26386 (6/18/82).
Section 52 (Handling of [related to vapor 9/3/81 47 FR 26386 (6/18/82).... Submitted on 11/17/
Gasoline at Service Stations, recovery and 81. See 40 CFR
Airports and Storage Tanks): sales 52.1490(c)(24)(iv
Subsections 52.4.2.3 and information]. ).
52.7.2.
[[Page 441]]
Section 53.................... Oxygenated 6/3/03 69 FR 56351 (9/21/04).... Submitted on 11/10/
Wintertime 03. See 40 CFR
Gasoline. 52.1490(c)(52)(i)
(A)(1).
Superseded
earlier version
adopted on 9/25/
97, submitted on
8/7/98, and
approved at 64 FR
29573 (6/2/99).
Ordinance No. 3809............ An Ordinance to 9/29/09 75 FR 59090 (9/27/10).... See 40 CFR
Suspend the 52.1490(c)(74)(i)
Applicability (A). Section 54
and was suspended by
Enforceability the Clark County
of All Board of County
Provisions of Commissioners
Clark County Air through adoption
Quality of Ordinance No.
Regulation 3809 on September
Section 54, the 15, 2009.
Cleaner Burning Submitted on 3/26/
Gasoline 10 for inclusion
Wintertime into Appendix C
Program; and of the 2008 Las
Provide for Vegas Valley CO
Other Matters Maintenance Plan.
Properly
Relating Thereto.
Section 60 (excluding Evaporation and 6/28/79 46 FR 21758 (4/14/81).... Submitted on 9/18/
subsections 60.4.2 and Leakage. 79. See 40 CFR
60.4.3). 52.1490(c)(17)(i)
. Subsections
60.4.2 and 60.4.3
were superseded
by approval of
amended
provisions at 49
FR 10259 (3/20/
84) and 47 FR
26386 (6/18/82).
Section 60: Subsection 60.4.2. [General 9/3/81 49 FR 10259 (3/20/84).... Submitted on 11/17/
prohibition on 81. See 40 CFR
use of cutback 52.1490(c)(24)(vi
asphalt]. ).
Section 60: Subsection 60.4.3. [Exceptions to 9/3/81 47 FR 26386 (6/18/82).... Submitted on 11/17/
subsection 81. See 40 CFR
60.4.2]. 52.1490(c)(24)(iv
).
Section 70: subsections 70.1- Emergency 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
70.6. Procedures. 79. See 40 CFR
52.1490(c)(16)(vi
ii).
Section 80.................... Circumvention.... 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
79. See 40 CFR
52.1490(c)(16)(vi
ii).
Section 81.................... Provisions of 12/28/78 46 FR 43141 (8/27/81).... Submitted on 7/24/
Regulations 79. See 40 CFR
Severable. 52.1490(c)(16)(vi
ii).
Section 90.................... Fugitive Dust 4/29/14 79 FR 60080, 10/6/14..... Adopted by Clark
from Open Areas County on April
and Vacant Lots. 15, 2014 and
submitted by NDEP
on May 27, 2014.
Section 91.................... Fugitive Dust 4/29/14 79 FR 60080, 10/6/14..... Adopted by Clark
from Unpaved County on April
Roads, Unpaved 15, 2014 and
Alleys, and submitted by NDEP
Unpaved Easement on May 27, 2014.
Roads.
Section 92.................... Fugitive Dust 4/29/14 79 FR 60080, 10/6/14..... Adopted by Clark
from Unpaved County on April
Parking Lots, 15, 2014 and
Material submitted by NDEP
Handling & on May 27, 2014.
Storage Yards, &
Vehicle &
Equipment
Storage Yards.
Section 93.................... Fugitive Dust 4/29/14 79 FR 60080, 10/6/14..... Adopted by Clark
from Paved Roads County on April
& Street 15, 2014 and
Sweeping submitted by NDEP
Equipment. on May 27, 2014.
Section 94.................... Permitting & Dust 3/18/03 71 FR 63250 (10/30/06)... Originally adopted
Control for (amended) on 6/22/00,
Construction amendments
Activities. adopted on 3/18/
03 made effective
4/1/03. Submitted
on 3/26/03. See
40 CFR
52.1490(c)(61)(i)
(A)(1).
Supersedes
earlier version
of rule approved
at 69 FR 32273 (6/
9/04).
Section 94 Handbook........... Construction 4/1/03 71 FR 63250 (10/30/06)... Originally adopted
Activities Dust on 6/22/00, and
Control Handbook. amended on 3/18/
03. Submitted on
3/26/03. See 40
CFR
52.1490(c)(61)(i)
(A)(1).
Supersedes
earlier version
of rule approved
at 69 FR 32273 (6/
9/04).
[[Page 442]]
Clark County Building Code, Residential Wood 12/4/90 68 FR 52838 (9/8/03)..... Adopted on 11/20/
Section 3708. Combustion 90, and submitted
Ordinance on 11/19/02. See
(Fireplace), No. 40 CFR
1249. 52.1490(c)(41)(i)
(A)(1).
----------------------------------------------------------------------------------------------------------------
Table 4--EPA-Approved City of Las Vegas Regulations
----------------------------------------------------------------------------------------------------------------
City effective Additional
City citation Title/Subject date EPA Approval date explanation
----------------------------------------------------------------------------------------------------------------
City of Las Vegas Building Residential Wood 11/21/90 68 FR 52838 (9/8/03)..... Adopted on 11/21/
Code, Section 3708. Combustion 90, and submitted
Ordinance on 11/19/02. See
(Fireplace), No. 40 CFR
3538. 52.1490(c)(41)(i)
(A)(2).
----------------------------------------------------------------------------------------------------------------
Table 5--EPA-Approved City of North Las Vegas Regulations
----------------------------------------------------------------------------------------------------------------
City effective Additional
City citation Title/Subject date EPA Approval date explanation
----------------------------------------------------------------------------------------------------------------
City of North Las Vegas Residential Wood 9/18/91 68 FR 52838 (9/8/03)..... Adopted on 9/18/
Building Code, Section Combustion 91, and submitted
13.16.150. Ordinance on 11/19/02. See
(Fireplace), No. 40 CFR
1020. 52.1490(c)(41)(i)
(A)(3).
----------------------------------------------------------------------------------------------------------------
Table 6--EPA-Approved City of Henderson Regulations
----------------------------------------------------------------------------------------------------------------
City effective Additional
City citation Title/Subject date EPA Approval date explanation
----------------------------------------------------------------------------------------------------------------
City of Henderson Building Residential Wood 10/15/96 68 FR 52838 (9/8/03)..... Adopted on 10/15/
Code, Section 15.40.010. Combustion 96, and submitted
Ordinance on 11/19/02. See
(Fireplace), No. 40 CFR
1697. 52.1490(c)(41)(i)
(A)(4).
----------------------------------------------------------------------------------------------------------------
Table 7--EPA-Approved Washoe County Regulations
----------------------------------------------------------------------------------------------------------------
District Additional
District citation Title/Subject effective date EPA Approval date explanation
----------------------------------------------------------------------------------------------------------------
GENERAL DEFINITIONS
----------------------------------------------------------------------------------------------------------------
010.000....................... Definitions...... 5/26/2016 82 FR 27622 (6/16/2017).. Submitted on
August 15, 2016.
010.005....................... Air Contaminant.. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.010....................... Air Pollution.... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.011....................... Allowable 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
emissions. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.014....................... Asphalt.......... 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.015....................... Atmosphere....... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.020....................... Board of Health.. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.025....................... BTU-British 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Thermal Unit. 72. See 40 CFR
52.1490(c)(2).
010.028....................... Cold Cleaner..... 1/24/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.030....................... Combustion 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Contaminants. 72. See 40 CFR
52.1490(c)(2).
010.035....................... Combustible 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Refuse. 72. See 40 CFR
52.1490(c)(2).
010.040....................... Commercial Fuel 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Oil. 72. See 40 CFR
52.1490(c)(2).
010.045....................... Condensed Fumes.. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
[[Page 443]]
010.050....................... Control Equipment 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.055....................... Control Officer.. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.057....................... Conveyorized 1/24/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Degreaser. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.059....................... Cut-back Asphalt. 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.060....................... District Health 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Officer. 72. See 40 CFR
52.1490(c)(2).
010.065....................... Dusts............ 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.070....................... Emission......... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.071....................... Freeboard height. 1/24/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.072....................... Freeboard ratio.. 1/24/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.075....................... Fuel............. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.080....................... Fuel Burning 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Equipment. 72. See 40 CFR
52.1490(c)(2).
010.085....................... Garbage.......... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.090....................... Gas.............. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.091....................... Gasoline......... 1/24/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.095....................... Health District.. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.100....................... Hearing Board.... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.105....................... Incinerator...... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.106....................... Lowest Achievable 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Emission Rate. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.107B...................... Major Emitting 5/23/79 46 FR 21758 (4/14/81).... Submitted on 4/24/
Facility Or (adopted) 79. See 40 CFR
Major Stationary 52.1490(c)(16)(ii
Source i).
(Nonattainment
Areas).
010.108....................... Major 5/23/79 46 FR 21758 (4/14/81).... Submitted on 4/24/
Modification. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.110....................... Mist............. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.116....................... Non Attainment 5/23/79 46 FR 21758 (4/14/81).... Submitted on 4/24/
Area. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.117....................... Non Attainment 5/23/79 46 FR 21758 (4/14/81).... Submitted on 4/24/
Pollutant. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.120....................... Nuisance......... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.125....................... Odor............. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.130....................... Opacity.......... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.135....................... Open Fire........ 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.136....................... Open Top Vapor 1/24/79 46 FR 21758 (4/14/81).... Submitted on 4/24/
Degreaser. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.140....................... Particulate 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Matter. 72. See 40 CFR
52.1490(c)(2).
010.145....................... Pathological 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Waste. 72. See 40 CFR
52.1490(c)(2).
010.117....................... Pellet Stove..... 2/23/06 72 FR 33397 (6/18/07).... Submitted on 5/5/
06. See 40 CFR
52.1490(c)(63)(i)
(A)(1).
010.148....................... Penetrating Prime 5/23/79 46 FR 21758 (4/14/81).... Submitted on 4/24/
Coat. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.149....................... Penetrating Seal 5/23/79 46 FR 21758 (4/14/81).... Submitted on 4/24/
Coat. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.150....................... Person........... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
[[Page 444]]
010.151....................... Potential to Emit 5/23/79 46 FR 21758 (4/14/81).... Submitted on 4/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.155....................... Process Weight... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.160....................... Process Weight 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Rate. 72. See 40 CFR
52.1490(c)(2).
010.165....................... Ringelmann Chart. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.166....................... Significant 5/23/79 46 FR 21758 (4/14/81).... Submitted on 4/24/
Ambient Impact. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.170....................... Smoke............ 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.175....................... Source........... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.1751...................... Source 5/23/79 46 FR 21758 (4/14/81).... Submitted on 4/24/
Registration. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
010.180....................... Stack or Chimney. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
010.185....................... Standard 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Conditions. 72. See 40 CFR
52.1490(c)(2).
010.197....................... Volatile Organic 1/24/79 46 FR 21758 (4/14/81).... Submitted on 4/24/
Compound. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
----------------------------------------------------------------------------------------------------------------
GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
020.005....................... Board of Health- 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Powers and 72. See 40 CFR
Duties. 52.1490(c)(2).
020.010....................... Injunctive Relief 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
020.015....................... Judicial Relief.. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
020.025....................... Control Officer- 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Powers and 72. See 40 CFR
Duties. 52.1490(c)(2).
020.035....................... Violations of 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Regulations. 72. See 40 CFR
52.1490(c)(2).
020.040....................... Notice of 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Violation. 72. See 40 CFR
52.1490(c)(2).
020.045....................... Citation......... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
020.050....................... Administrative 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Fines. 72. See 40 CFR
52.1490(c)(2).
020.055....................... Injunctive Relief 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
020.055....................... Confidential 1/24/79 46 FR 43141 (8/27/81).... Submitted on 7/24/
information. (adopted) 79. See 40 CFR
52.1490(c)(16)(ix
).
020.060....................... Interference with 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Performance of 72. See 40 CFR
Duty. 52.1490(c)(2).
020.070....................... Sampling and 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Testing. 72. See 40 CFR
52.1490(c)(2).
020.080....................... Circumvention.... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
020.085....................... Upset, Breakdown 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
or Scheduled 72. See 40 CFR
Maintenance. 52.1490(c)(2).
020.090....................... Registration of 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Sources. 72. See 40 CFR
52.1490(c)(2).
020.095....................... Severability..... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
----------------------------------------------------------------------------------------------------------------
SOURCE REGISTRATION AND OPERATION
----------------------------------------------------------------------------------------------------------------
030.000....................... Sources--General. 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
030.005....................... [Authority to 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Construct must (adopted) 79. See 40 CFR
be issued before 52.1490(c)(16)(ii
any building i).
permit].
030.010....................... [Limits on 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Issuance of (adopted) 79. See 40 CFR
Authorities to 52.1490(c)(16)(ii
Construct]. i).
[[Page 445]]
030.015....................... [Public notice 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
requirement for (adopted) 79. See 40 CFR
major sources]. 52.1490(c)(16)(ii
i).
030.025....................... Registration 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Application. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
030.030....................... [Limits on effect 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
of acceptance of (adopted) 79. See 40 CFR
permit 52.1490(c)(16)(ii
application or i).
issuance of
Authority to
Construct].
030.110....................... [modifications].. 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
030.115(1), (5), and [Additional 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
subsection (B). requirements for (adopted) 79. See 40 CFR
major sources in 52.1490(c)(16)(ii
general and i).
specific
additional
requirements for
major sources of
nonattainment
pollutants].
030.120....................... [Violations and 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Stop Work (adopted) 79. See 40 CFR
Orders]. 52.1490(c)(16)(ii
i).
030.1201...................... [Person served 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
with Stop Work (adopted) 79. See 40 CFR
Order]. 52.1490(c)(16)(ii
i).
030.205....................... [Registration 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Requirement]. (adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
030.210....................... [Issuance of 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Permits to (adopted) 79. See 40 CFR
Operate]. 52.1490(c)(16)(ii
i).
030.215....................... [Limits on 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Meaning of (adopted) 79. See 40 CFR
Issuance of 52.1490(c)(16)(ii
Permit to i).
Operate].
030.218....................... Demonstration of 6/28/12 77 FR 60915 (10/5/12).... Submitted on 8/30/
Compliance. 12.
030.230....................... Record Keeping... 6/28/12 77 FR 60915 (10/5/12).... Submitted on 8/30/
12.
030.235....................... Requirements for 6/28/12 77 FR 60915 (10/5/12).... Submitted on 8/30/
Source Sampling 12.
and Testing.
030.245....................... [Permit to 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Operate is not (adopted) 79. See 40 CFR
transferable]. 52.1490(c)(16)(ii
i).
030.250....................... [Permit to 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Operate is (adopted) 79. See 40 CFR
subject to 52.1490(c)(16)(ii
suspension or i).
revocation for
violation].
030.300....................... Fee and Fee 5/23/79 46 FR 43141 (8/27/81).... Submitted on 7/24/
Schedule. (adopted) 79. See 40 CFR
52.1490(c)(16)(ix
).
030.305....................... Plan Review Fees. 5/23/79 46 FR 43141 (8/27/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ix
).
030.310....................... [Permit to 5/23/79 46 FR 43141 (8/27/81).... Submitted on 7/24/
Operate--Schedul (adopted) 79. See 40 CFR
e of Fees]. 52.1490(c)(16)(ix
).
030.970 (subsection A only)... Part 70 Permit 6/28/12 77 FR 60915 (10/5/12).... Submitted on 8/30/
Monitoring and 12.
Compliance.
030.3101...................... Fuel burning 5/23/79 46 FR 43141 (8/27/81).... Submitted on 7/24/
equipment. (adopted) 79. See 40 CFR
52.1490(c)(16)(ix
).
030.3102...................... Incinerators..... 5/23/79 46 FR 43141 (8/27/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ix
).
030.3103...................... Storage tanks.... 5/23/79 46 FR 43141 (8/27/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ix
).
030.3104...................... Processes........ 5/23/79 46 FR 43141 (8/27/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ix
).
----------------------------------------------------------------------------------------------------------------
PROHIBITED EMISSIONS
----------------------------------------------------------------------------------------------------------------
040.005....................... Visible Air 2/23/06 72 FR 33397 (6/18/07).... Submitted on 5/5/
Contaminants. 06. See 40 CFR
52.1490(c)(63)(i)
(A)(1).
040.010....................... Particulate 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Matter. 72. See 40 CFR
52.1490(c)(2).
040.015....................... Specific 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Contaminants. 72. See 40 CFR
52.1490(c)(2).
040.020....................... Dust and Fumes... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
[[Page 446]]
040.025....................... Exceptions....... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
040.030....................... Dust Control..... 11/1/02 72 FR 25969 (5/8/07)..... Adopted on 7/26/
02. Submitted on
8/5/02. See 40
CFR
52.1490(c)(55)(i)
(A)(2).
040.031....................... Street Sanding 2/27/02 71 FR 14386 (3/22/06).... Adopted on 2/27/
Operations. 02. Submitted on
8/5/02. See 40
CFR
52.1490(c)(55)(i)
(A)(1).
040.032....................... Street Sweeping 2/27/02 71 FR 14386 (3/22/06).... Adopted on 2/27/
Operations. 02. Submitted on
8/5/02. See 40
CFR
52.1490(c)(55)(i)
(A)(1).
040.035....................... Open Fires....... 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
040.040....................... Burning Permit 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Conditions. 72. See 40 CFR
52.1490(c)(2).
040.045....................... Refuse Disposal.. 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
72. See 40 CFR
52.1490(c)(2).
040.050....................... Incinerator 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Emissions. 72. See 40 CFR
52.1490(c)(2).
040.051....................... Wood-Burning 5/26/2016 82 FR 27622 (6/16/2017).. Submitted on
Devices. August 15, 2016.
040.060....................... Sulfur Content of 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Fuel. 72. See 40 CFR
52.1490(c)(2).
040.065....................... Reduction of 2/1/72 37 FR 15080 (7/27/72).... Submitted on 6/12/
Animal Matter. 72. See 40 CFR
52.1490(c)(2).
040.070....................... Storage of 1/24/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Petroleum (adopted) 79. See 40 CFR
Products. 52.1490(c)(16)(ii
i).
040.075....................... Gasoline Loading 1/24/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
into Tank Trucks (adopted) 79. See 40 CFR
and Trailers. 52.1490(c)(16)(ii
i).
040.080....................... Gasoline 1/24/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
Unloading from (adopted) 79. See 40 CFR
Tank Trucks and 52.1490(c)(16)(ii
Trailers into i).
Storage Tanks.
040.085....................... Organic Solvents. 1/24/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
040.090....................... Cut-Back Asphalts 5/23/79 46 FR 21758 (4/14/81).... Submitted on 7/24/
(adopted) 79. See 40 CFR
52.1490(c)(16)(ii
i).
040.095....................... Oxygen Content of 10/24/13 83 FR 983 (1/9/18)....... Previously
Motor Fuel. (amended) approved at 73 FR
38124 (7/3/08).
Submitted on 3/28/
14. Suspends
local motor fuel
oxygenate
requirement.
[Related to 040.095].......... Washoe County 9/22/05 73 FR 38124 (7/3/08)..... See
District Board 52.1490(c)(69)(i)
of Health (A)(1)(i).
Meeting,
September 22,
2005, Public
Hearing-
Amendments--Wash
oe County
District Board
of Health
Regulations
Governing Air
Quality
Management; to
Wit: Rule
040.095 (Oxygen
Content of Motor
Vehicle Fuel).
----------------------------------------------------------------------------------------------------------------
EMERGENCY EPISODE PLAN
----------------------------------------------------------------------------------------------------------------
050.001....................... Emergency Episode 3/23/06 72 FR 33397 (6/18/07).... Submitted on 5/5/
Plan. 06. See 40 CFR
52.1490(c)(63)(i)
(A)(1).
060.010....................... Emergency 2/1/72 37 FR 15080 (7/27/72).... Submitted on June
Authority to Act. 12, 1972. See 40
CFR
52.1490(c)(2).
060.015....................... Sampling Stations 2/1/72 37 FR 15080 (7/27/72).... Submitted on June
and Air Sampling. 12, 1972. See 40
CFR
52.1490(c)(2).
060.020....................... Reports.......... 2/1/72 37 FR 15080 (7/27/72).... Submitted on June
12, 1972. See 40
CFR
52.1490(c)(2).
[[Page 447]]
060.025....................... Continuing 2/1/72 37 FR 15080 (7/27/72).... Submitted on June
Program of 12, 1972. See 40
Voluntary CFR
Cooperation. 52.1490(c)(2).
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source-specific permits.[Reserved]
(e) EPA-approved Nevada nonregulatory provisions and quasi-
regulatory measures.
EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA\1\
----------------------------------------------------------------------------------------------------------------
Section 1--Legal authority....... State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
72). 52.1490(b).
Statutes approved
into the SIP are
listed at the end
of this table.
Legal opinions concerning the State-wide.......... 11/17/72 38 FR 12702 (5/14/ See 40 CFR
plan. 73).. 52.1490(c)(4).
Section 2--Control regulations... State-wide, Clark () Not applicable...... See paragraph (c)
County and Washoe of 40 CFR 52.1470,
County air above.
districts, and
certain city and
county
jurisdictions.
Section 3--Air quality data State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
summary (excluding subsection 72). 52.1490(b). An
3.2). amended subsection
3.2 was submitted
on 12/10/76 and
approved at 43 FR
26932 (8/21/78).
Subsection 3.2 (SO2 Data)........ State-wide.......... 12/10/76 43 FR 26932 (8/21/ Superseded
78). subsection 3.2
from the original
SIP. See 40 CFR
52.1490(c)(12).
Section 4--Emissions summary State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
(excluding subsection 4.2). 72). 52.1490(b). An
amended subsection
4.2 was submitted
on 12/10/76 and
approved at 43 FR
26932 (8/21/78).
Subsection 4.2 (Exceptions)...... State-wide.......... 12/10/76 43 FR 26932 (8/21/ Superseded
78). subsection 4.2
from the original
SIP. See 40 CFR
52.1490(c)(12).
Section 5--Control strategy State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
(excluding subsection 5.1 and 72). 52.1490(b). Errata
table 5.1). sheet correcting
page 5-21 was
submitted by
Nevada on 4/26/72
and approved with
the original SIP
on 1/28/72. See 40
CFR 52.1490(c)(1).
Subsection 5.1 and
table 5.1 was
superseded by
amended provisions
at 43 FR 26932 (8/
21/78).
Subsection 5.1 (Approach)........ State-wide.......... 12/10/76 43 FR 26932 (8/21/ Superseded
78). subsection 5.1
from the original
SIP. See 40 CFR
52.1490(c)(12).
Table 5.1 (Classification of State-wide.......... 12/10/76 43 FR 26932 (8/21/ Superseded table
regions). 78). 5.1 from the
original SIP. See
40 CFR
52.1490(c)(12).
Table 5.2 (Set 1 Pollutants)..... Clark County........ 12/10/76 43 FR 26932 (8/21/ Specifies SO2
78). control strategy
analysis for Clark
County. See 40 CFR
52.1490(c)(12).
[[Page 448]]
Nevada State Implementation Plan State-wide.......... 2/5/07 72 FR 41629 (7/31/ See 40 CFR
for Interstate Transport to 07). 52.1490(c)(64)(i)(
Satisfy the Requirements of A)(1).
Clean Air Act 110(a)(2)(D)(i)
for the 8-hour Ozone and PM2.5
NAAQS Promulgated in July 1997
(January 31, 2007).
Mason Valley 108 (Yerington) and Mason Valley and 12/29/78 46 FR 21758 (4/14/ TSP nonattainment
Fernley Area 76 Air Quality Fernley Area. 81). plan. See 40 CFR
Implementation Plan. 52.1490(c)(14)(iii
). TSP plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Letter from Michael L. Eckstein, Yerington and 7/24/79 46 FR 21758 (4/14/ Relates to paving
P.E., Lyon County Engineer, 2/27/ Fernley. 81). schedule to reduce
79. TSP emissions. See
40 CFR
52.1490(c)(16)(iv)
.
Lander County Air Quality Lander County....... 12/29/78 46 FR 21758 (4/14/ TSP nonattainment
Improvement Plan. 81). plan. See 40 CFR
52.1490(c)(14)(iii
). TSP plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Resolution, County of Lander, May Lander County....... 7/24/79 46 FR 21758 (4/14/ See 40 CFR
3, 1979. 81). 52.1490(c)(16)(iv)
.
Carson Desert (101 (Fallon) Air Carson Desert....... 12/29/78 46 FR 21758 (4/14/ TSP nonattainment
Quality Implementation Plan. 81). plan. See 40 CFR
52.1490(c)(14)(iii
). TSP plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Letter from Ben T. Bartlett, City of Fallon...... 7/24/79 46 FR 21758 (4/14/ Relates to paving
P.E., City Engineer, City of 81). schedule to reduce
Fallon, 12/20/78. TSP emissions. See
40 CFR
52.1490(c)(16)(iv)
.
Winnemucca Segment (70) Air Winnemucca Segment.. 12/29/78 46 FR 21758 (4/14/ TSP nonattainment
Quality Implementation Plan. 81). plan. See 40 CFR
52.1490(c)(14)(iii
). TSP plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Letter from Leslie F. Harmon, City of Winnemucca.. 7/24/79 46 FR 21758 (4/14/ Relates to paving
Councilman, City of Winnemucca, 81). schedule to reduce
11/11/79. TSP emissions. See
40 CFR
52.1490(c)(16)(iv)
.
Redesignation Request and Central Steptoe 2/14/95 67 FR 17939 (4/12/ Sulfur dioxide
Maintenance Plan for the Valley, White Pine 02). redesignation
National Sulfur Dioxide County. request and
Standard--Central Steptoe Valley. maintenance plan.
See 40 CFR
52.1490(c)(39)(i)(
A).
Supplement to Maintenance Plan Central Steptoe 2/27/02 67 FR 17939 (4/12/ Supplement consists
for the National Sulfur Dioxide Valley, White Pine 02). of a letter from
Standard--Central Steptoe Valley. County. Allen Biaggi,
Administrator,
NDEP, to Wayne
Nastri, EPA Region
IX Regional
Administrator,
dated 2/27/02. See
40 CFR
52.1490(c)(40)(i)(
A).
[[Page 449]]
Las Vegas Valley Air Quality Las Vegas Valley, 12/29/78 46 FR 21758 (4/14/ Carbon monoxide,
Implementation Plan, 12/5/78. Clark County. 81). photochemical
oxidant, and TSP
nonattainment
plan. See 40 CFR
52.1490(c)(14)(iii
). The plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Two memoranda of understanding Las Vegas Valley, 7/24/79 46 FR 21758 (4/14/ Amendments to the
between Clark County, the Health Clark County. 81). Las Vegas Valley
District, and the Transportation Air Quality
Policy Committee. Implementation
Plan, 12/5/78. See
40 CFR
52.1490(c)(16)(v).
Air Quality Implementation Plan, Las Vegas Valley, 4/4/81 47 FR 15790 (4/13/ Updates Las Vegas
Las Vegas Valley, Clark County, Clark County. 82). Valley Air Quality
Nevada, Revised 11/18/80 Implementation
(excluding Clark County Air Plan, 12/5/78, for
Pollution Control Regulations). carbon monoxide,
ozone and TSP to
respond to
conditions placed
on approval. See
40 CFR
52.1490(c)(23)(i).
Clark County air
pollution control
regulations were
included as
appendix C to the
plan but were not
approved as part
of the plan.
Air Quality Implementation Plan, Las Vegas Valley, 6/23/82 49 FR 44208 (11/5/ Submitted as
Las Vegas Valley, Clark County, Clark County. 84). required in
Nevada, Update, 6/1/82. response to EPA's
approval of
request for
extension of CO
attainment date to
1987. See 40 CFR
52.1490(c)(32).
Air Quality Implementation Plan, Las Vegas Valley, 1/11/85 51 FR 29923 (8/21/ Submitted as
Las Vegas Valley, Clark County, Clark County. 86). required in
Nevada, Post 1982 Update, July response to EPA's
1984. approval of
request for
extension of ozone
attainment date to
1987. In addition
to the plan
itself, the
approval includes
an emissions
inventory for
1995, transmitted
by letter dated 3/
14/86. See 40 CFR
52.1490(c)(33)(i)(
A).
Emissions Inventory for 1995..... Las Vegas Valley, 3/14/86 51 FR 29923 (8/21/ Supplements the Air
Clark County. 86). Quality
Implementation
Plan, Las Vegas
Valley, Clark
County, Nevada,
Post 1982 Update,
7/84. See 40 CFR
52.1490(c)(33)(ii)
(A).
Ozone Redesignation Request and Clark County, 4/11/11 78 FR 1149, 1/8/13.. Approval includes
Maintenance Plan, Clark County, Nevada: that appendices A, B,
Nevada (March 2011). portion of Clark and C. Relates to
County that lies in the 1997 8-hour
hydrographic areas ozone standard.
164A, 164B, 165,
166, 167, 212, 213,
214, 216, 217, and
218, but excluding
the Moapa River
Indian Reservation
and the Fort Mohave
Indian Reservation.
[[Page 450]]
PM-10 State Implementation Plan Las Vegas Valley, 7/23/01 69 FR 32273 (6/9/04) Adopted 6/19/01. PM-
for Clark County, June 2001. Clark County. 10 nonattainment
plan. Approval
covers chapter 3,
chapter 4
(excluding pages 4-
125 and 4-126),
chapters 5 through
7, appendices A
through E,
appendix J, and
appendices L
through N. All
rules and
regulations
approved in
appendix G have
been superseded by
subsequent EPA
approvals of
amended
regulations. See
40 CFR
52.1490(c)(42)(i)(
A)(1).
Pages 4-125 and 4-126 and Las Vegas Valley, 11/19/02 69 FR 32273 (6/9/04) Replacement pages
appendix R (of the PM-10 State Clark County. and an additional
Implementation Plan for Clark appendix (i.e.,
County). Appendix R--
Documentation on
Residential Wood
Combustion Control
Measures'') to the
PM-10 State
Implementation
Plan for Clark
County. See 40 CFR
52.1490(c)(44)(i)(
A)(1).
Redesignation Request and Las Vegas Valley, 9/7/12 79 FR 60080 (10/6/ Excludes appendix B
Maintenance Plan for Particulate Clark County. 14). (``Documentation
Matter (PM10), Clark County, of the Public
Nevada (August 2012). Review Process'').
State of Nevada State Portions of Clark 3/20/96 69 FR 56351 (9/21/ I/M SIP. Approval
Implementation Plan for an County. 04). includes the cover
Enhanced Program for the page through page
Inspection and Maintenance of 15, appendix 1
Motor Vehicles for Las Vegas (only the Nevada
Valley and Boulder City, Nevada, attorney general's
revised March 1996. opinion and
memorandum dated
11/15/93 and 6/29/
94, respectively),
and appendices 2
and 9. See 40 CFR
52.1490(c)(46)(i)(
A)(1).
NV2000 Analyzer Electronic Data Parts of Clark 1/30/02 69 FR 56351 (9/21/ Included in
Transmission Equipment County. 04). approval of I/M
Specifications (June 15, 2000). program for Las
Vegas Valley and
Boulder City. See
40 CFR
52.1490(c)(48)(ii)
(A)(1).
Contract between Nevada Parts of Clark 6/4/02 69 FR 56351 (9/21/ Included in
Department of Motor Vehicles and County. 04). approval of I/M
MD LaserTech for on-road testing program for Las
services, dated January 15, 2002. Vegas Valley and
Boulder City. See
40 CFR
52.1490(c)(49)(ii)
(A)(1).
[[Page 451]]
Carbon Monoxide State Las Vegas Valley, 8/9/00 69 FR 56351 (9/21/ CO nonattainment
Implementation Plan, Las Vegas Clark County. 04). plan. Adopted on 8/
Valley Nonattainment Area, Clark 1/00. Approval
County, Nevada, August 2000. includes the
following sections
within which
certain exceptions
are noted but
excluding all
sections not
specifically
cited: chapters 1
through 8 (with
the exception of
chapter 7,
subsection 7.2.2,
``Contingency
Measures'');
appendix A,
``Emissions
Inventory'',
sections 1 through
7, and section 8-
``Annexes'' (with
the exception of
appendix E,
``Quality
Assurance/Quality
Control'');
appendix B,
``Transportation
Documentation'',
section 1;
appendix D,
``Regulations,
Policies and
Public
Participation
Documentation'',
section 1-
``Cleaner Burning
Gasoline (CBG)
Regulations and
Supporting
Documentation''
(with the
exception of
District Board of
Health of Clark
County Air
Pollution Control
Regulations
section 54 as
adopted on April
22, 1999), section
2, section 3,
section 4-``Nevada
Administrative
Code, Chapter
445B: Technician
Training and
Licensing'' (with
the exception of
NAC 445B.485-
445B.487, 445B.489-
445B.493, and
445B.495-445B.498)
, and sections 5
through 9; and
appendix E,
``Supplemental
Technical Support
Documentation'',
sections 1 through
4, and 7. See 40
CFR
52.1490(c)(47)(i)(
A)(1).
Carbon Monoxide State Las Vegas Valley, 2/14/06 71 FR 44587 (8/7/06) Update to 2000 CO
Implementation Plan Revision, Clark County. nonattainment
Las Vegas Valley Nonattainment plan. Adopted by
Area, Clark County, Nevada, Clark County on 10/
October 2005. 4/05. Approval did
not include
section 7.3 (page
7-2), ``Mobile
Source Emissions
Budget''). See 40
CFR
52.1490(c)(57)(i)(
A)(1).
[[Page 452]]
Section 7.3 (page 7-2), ``Mobile Las Vegas Valley, 5/12/06 71 FR 44587 (8/7/06) Replacement section
Source Emissions Budget'') of Clark County. for 2005 CO Plan.
the Carbon Monoxide State Adopted by Clark
Implementation Plan Revision, County on 5/2/06.
Las Vegas Valley Nonattainment See 40 CFR
Area, Clark County, Nevada. 52.1490(c)(58)(i)(
A)(1).
Carbon Monoxide Redesignation Las Vegas Valley, 9/18/08 75 FR 59090 (9/27/ See 40 CFR
Request and Maintenance Plan, Clark County. 10). 52.1490(c)(73)(ii)
Las Vegas Valley Nonattainment (B).
Area, Clark County, Nevada
(September 2008), excluding the
appendices.
Resolution of the Clark County Las Vegas Valley, 9/18/08 75 FR 59090 (9/27/ See 40 CFR
Board of Commissioners Adopting Clark County. 10). 52.1490(c)(73)(ii)
the Clark County Carbon Monoxide (A).
Redesignation Request and
Maintenance Plan, adopted by the
Clark County Board of
Commissioners on September 2,
2008.
Letter from Anthony Lesperance, Las Vegas Valley, 8/30/10 75 FR 59090 (9/27/ See 40 CFR
Director, Nevada Department of Clark County. 10). 52.1490(c)(75).
Agriculture, to Lewis Letter sets forth
Wallenmeyer, Director, Clark the Nevada
County Department of Air Quality Department of
and Environmental Management, Agriculture's
dated June 22, 2010. commitment to seek
reinstatement of
the Low RVP
wintertime
gasoline
requirement in
Clark County if
necessary under
the Las Vegas
Valley Carbon
Monoxide
Maintenance Plan
to address future
carbon monoxide
violations.
Clark County Transportation Portions of Clark 4/1/08 73 FR 66182 (11/7/ 40 CFR
Conformity Plan (January 2008). County. 08). 52.1490(c)(72)(i)(
A).
Correspondence dated March 6, Portions of Clark 5/11/07 73 FR 38124 (7/3/08) The letter
2007 from the Nevada Department County and Washoe describes an
of Motor Vehicles to the Nevada County. upgrade to the
Division of Environmental NV2000 emission
Protection. analyzer to make
emissions testing
possible on motor
vehicles
containing a
certified on-board
diagnostic system
which uses
controller area
network
communication. See
40 CFR
52.1490(c)(71)(ii)
(A)(1).
Truckee Meadows Air Quality Truckee Meadows, 12/29/78 46 FR 21758 (4/14/ Carbon monoxide,
Implementation Plan, 12/6/78. Washoe County. 81). photochemical
oxidant, and TSP
nonattainment
plan. See 40 CFR
52.1490(c)(14)(iii
). The plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
[[Page 453]]
Request for Extension of the CO Truckee Meadows, 8/19/80 46 FR 45605 (9/14/ See 40 CFR
Attainment Date for the Truckee Washoe County. 81). 52.1490(c)(20).
Meadows CO Nonattainment Area.
Resolution of the Washoe Council Truckee Meadows, 11/17/81 47 FR 15790 (4/13/ Commitments satisfy
of Governments adopted 8/28/81 Washoe County. 82). a condition placed
and Endorsement of the State on approval of the
Environmental Commission dated 1978 Truckee
10/15/81. Meadows Air
Quality
Implementation
Plan. See 40 CFR
52.1490(c)(24)(ii)
.
Truckee Meadows Air Quality Truckee Meadows, 9/14/83 49 FR 31683 (8/8/84) CO nonattainment
Implementation Plan (AQIP), 1982 Washoe County. plan. Attainment
Update (Revised). and RFP
demonstrations and
the Legally
Enforceable
Measures portions
of the plan were
not included in
the approval. See
40 CFR
52.1490(c)(26)(ii)
.
Maintenance Plan for the Washoe Washoe County....... 5/30/07 73 FR 3389 (1/18/08) CAA section
County 8-Hour Ozone Attainment 110(a)(1)
Area (April 2007), excluding maintenance plan.
appendices. See 40 CFR
52.1490(c)(65)(i)(
A)(1).
Redesignation Request and Truckee Meadows, 11/4/05 73 FR 38124 (7/3/08) See 40 CFR
Maintenance Plan for the Truckee Washoe County. 52.1490(c)(69)(i)(
Meadows Carbon Monoxide Non- A)(2).
Attainment Area (September
2005), excluding appendices B,
C, and D.
Second 10-Year Maintenance Plan Truckee Meadows, 11/7/14 81 FR 59498,8/30/16) Fulfills
for the Truckee Meadows 8-Hour Washoe County. requirement for
Carbon Monoxide Attainment Area, second ten-year
August 28, 2014. maintenance plan.
Includes motor
vehicle emissions
budgets for 2015,
2020, 2025 and
2030.
Basic I/M Performance Standard... Portions of Washoe 11/2/06 73 FR 38124 (7/3/08) See 40 CFR
County. 52.1490(c)(70)(i)(
A)(1) and
(c)(70)(ii)(A)(1).
Washoe County District Board of Portions of Washoe 11/2/06 73 FR 38124 (7/3/08) See 40 CFR
Health Meeting, September 28, County. 52.1490(c)(70)
2006, Public Hearing-State (i)(A)(1)(i).
Implementation Plan (SIP). ``Basic Program-
Inspection and
Maintenance (I/M)
of Motor Vehicles--
Truckee Meadows
Planning Area,
Nevada;'' to Wit:
Basic Inspection
and Maintenance (I/
M) Performance
Standard.
State Implementation Plan for a Portions of Washoe 6/3/94 73 FR 38124 (7/3/08) See 40 CFR
Basic Program for the Inspection County. 52.1490(c)(68).
and Maintenance of Motor
Vehicles for the Truckee Meadows
Planning Area, Nevada (June
1994), including the cover page
through page 9, appendix 1,
appendix 2 (only the certificate
of compliance and Nevada
attorney general's opinion), and
appendices 3, 6, 8, and 10.
[[Page 454]]
Revisions to the Nevada Truckee Meadows, 8/5/02 80 FR 76232, 12/8/15 Approval of the
Particulate Matter (PM10) State Washoe County. portion of the
Implementation Plan for the 2002 PM10
Truckee Meadows Air Basin Attainment Plan
(August 2002), Section V; that demonstrates
Section VI, Table 4; and implementation of
Appendix B, Tables 1-2 and 1-3 best available
only. control measures
in compliance with
section
189(b)(1)(B) of
the Clean Air Act.
Redesignation Request and Truckee Meadows, 11/7/14 80 FR 76232, 12/8/15
Maintenance Plan for the Truckee Washoe County.
Meadows 24-Hour PM10
Nonattainment Area (August 28,
2014).
Lake Tahoe Basin Nonattainment Nevada portion of 7/24/79 47 FR 27065 (6/23/ Carbon monoxide
Area Plan. Lake Tahoe Basin-- 82). nonattainment
portions of Carson plan. Also,
City, Douglas and includes elements
Washoe counties. related to
photochemical
oxidant. See 40
CFR
52.1490(c)(16)(vii
). The plan was
approved with
conditions, but
conditions were
revoked at 49 FR
6897 (2/24/84).
Amendments to the Lake Tahoe Nevada portion of 12/9/82 49 FR 6897 (2/24/84) Submitted in
Basin Nonattainment Area Plan. Lake Tahoe Basin-- response to
portions of Carson conditions placed
City, Douglas and on approval of
Washoe counties. 1979 Lake Tahoe
Plan. Amendments
include: (i)
Emission reduction
estimates and/or
changes in
vehicular activity
for the adopted
control measures;
(ii) A modeling
analysis
indicating 1982
attainment; (iii)
Documentation of
the modeling
analysis including
air quality,
traffic and
meteorological
data; (iv)
Evidence of
implementation and/
or future
commitments for
the adopted
control measures;
and (v) Appendix
of previous
reports, measured
data and other
official
correspondence
including: (A)
Resource
commitments from
the responsible
agencies for
implementing the
RFP, (B) 1979 and
1980 Annual
Reports for the
Lake Tahoe Air
Basin, and (C)
1981 Nevada Air
Quality Report.
See 40 CFR
52.1490(c)(27).
[[Page 455]]
Amendments to the Lake Tahoe Nevada portion of 12/16/82 49 FR 6897 (2/24/84) Submitted in
Basin Nonattainment Area Plan. Lake Tahoe Basin-- response to
portions of Carson conditions placed
City, Douglas and on approval of
Washoe counties. 1979 Lake Tahoe
Plan. Amendments
include: (i)
Additional
evidence of
commitment to the
control evidence
by the responsible
state and/or local
agencies; and (ii)
Additional
supporting
documentation for
the 1982
attainment
modeling analysis
which included
revised technical
data on measured
and modeled CO
traffic volumes,
and a revised
narrative on the
calibration
constant and the
impacts to the
model. See 40 CFR
52.1490(c)(28).
Amendments to the Lake Tahoe Nevada portion of 1/28/83 49 FR 6897 (2/24/84) Submitted in
Basin Nonattainment Area Plan. Lake Tahoe Basin-- response to
portions of Carson conditions placed
City, Douglas and on approval of
Washoe counties. 1979 Lake Tahoe
Plan. Amendments
include: (i)
Response to EPA's
preliminary
evaluation,
specifying
documentation for
calibrating the
model, the mobile
source emission
factors, and
additional traffic
data; (ii)
Conversion factors
for the model; and
(iii) A revised
1982 attainment
modeling analysis
and supporting
documentation
including: (A)
1979, 1980-82
traffic data for
the Stateline
Area, (Appendix
A); (B) Stateline
Cold Start/Hot
Start Analysis,
(Appendix B); (C)
Portions of the
Highway 50
Corridor Study,
June 1979
(Appendix C); (D)
Reference from
Transportation and
Traffic
Engineering
Handbook, (1979),
(Appendix D); and
(E) Revised Caline
3 and Mobile 2
modeling analysis
using both 27% and
50% cold start
factors, (Appendix
E). See 40 CFR
52.1490(c)(29).
[[Page 456]]
Amendments to the Lake Tahoe Nevada portion of 5/5/83 49 FR 6897 (2/24/84) Submitted in
Basin Nonattainment Area Plan. Lake Tahoe Basin-- response to
portions of Carson conditions placed
City, Douglas and on approval of
Washoe counties. 1979 Lake Tahoe
Plan. Amendments
include: (i)
``Stateline,
Nevada, 1983
Carbon Monoxide
Study``--a
traffic, ambient
air monitoring and
predictive
modeling report;
and (ii) A revised
analysis of the
Caline 3 model
verifying 1982
attainment, based
on data collected
in February and
March 1983. See 40
CFR
52.1490(c)(30).
Carbon Monoxide Redesignation Nevada portion of 10/27/03 68 FR 69611 (12/15/ Adopted on 9/18/03.
Request and Limited Maintenance Lake Tahoe Basin-- 03). See 40 CFR
Plan for the Nevada Side of the portions of Carson 52.1490(c)(45)(i)(
Lake Tahoe Basin, October 2003. City, Douglas and A)(1). Approval
Washoe counties. includes: (1)
Attainment year
(2001) emissions
inventory,
monitoring network
and verification
of continued
attainment, and
contingency plan,
including
commitments to
follow maintenance
plan contingency
procedures by the
Nevada Division of
Environmental
Protection, the
Tahoe Metropolitan
Planning
Organization, the
Nevada Department
of Transportation,
and the Washoe
County District
Health Department.
Transmittal Letter for the Carbon Nevada portion of 10/27/03 68 FR 69611 (12/15/ See 40 CFR
Monoxide Redesignation Request Lake Tahoe Basin-- 03). 52.1490(c)(45)(i)(
and Limited Maintenance Plan for portions of Carson B). Includes a
the Nevada Side of the Lake City, Douglas and State commitment
Tahoe Basin, October 2003. Washoe counties. to track CO
concentrations and
to adopt, submit
as a SIP revision,
and implement
expeditiously any
and all measures
to achieve the
level of CO
emissions
reductions needed
to maintain the CO
NAAQS in the event
that an exceedance
of the CO NAAQS is
monitored, and to
work with the
involved
jurisdictions to
ensure that
sufficient
measures are
adopted and
implemented in a
timely fashion to
prevent a
violation.
Addendum to the October 27, 2003 Nevada portion of 10/27/03 68 FR 69611 (12/15/ See 40 CFR
letter of transmittal of the Lake Tahoe Basin-- 03). 52.1490(c)(45)(i)(
redesignation request and portions of Carson C). Includes
maintenance plan. City, Douglas and emissions
Washoe counties. projections for on-
road motor
vehicles through
2016.
[[Page 457]]
2012 Revision to the Nevada State Nevada portion of 4/3/2012 82 FR 26351 (6/7/ Adopted on 4/3/
Implementation Plan for Carbon Lake Tahoe Basin-- 2017). 2012. Approval
Monoxide, April 2012. portions of Carson excludes sections
City, Douglas and 3.2.4 and 4. With
Washoe counties. 2016 supplement,
fulfills
requirement for
second ten-year
maintenance plan.
2016 Supplement to Nevada's 2nd Nevada portion of 8/26/2016 82 FR 26351 (6/7/ Adopted on 8/26/
10-Year CO Limited Maintenance Lake Tahoe Basin-- 2017). 2016. Approval
Plan at Lake Tahoe, August 26, portions of Carson includes revised
2016. City, Douglas and sections 3.2.4 and
Washoe counties. 4 (alternative CO
monitoring
strategy and
contingency plan),
2011 emissions
inventory and 2024
projected
emissions
inventory
(Attachment A),
evidence of public
participation
(Attachment B) and
revised table of
contents for 2012
submittal
(Attachment F).
Excludes
Attachments C, D
and E.
2012 Revision to the Nevada State Nevada portion of 4/3/2012 82 FR 13235 (3/10/ Adopted on 4/3/
Implementation Plan for Carbon Lake Tahoe Basin-- 2017). 2012. Approval
Monoxide, April 2012. portions of Carson excludes sections
City, Douglas and 3.2.4 and 4. With
Washoe counties. 2016 supplement,
fulfills
requirement for
second ten-year
maintenance plan.
2016 Supplement to Nevada's 2nd Nevada portion of 8/26/2016 82 FR 13239 (3/10/ Adopted on 8/26/
10-Year CO Limited Maintenance Lake Tahoe Basin-- 2017). 2016. Approval
Plan at Lake Tahoe, August 26, portions of Carson includes revised
2016. City, Douglas and sections 3.2.4 and
Washoe counties. 4 (alternative CO
monitoring
strategy and
contingency plan),
2011 emissions
inventory and 2024
projected
emissions
inventory
(Attachment A),
evidence of public
participation
(Attachment B) and
revised table of
contents for 2012
submittal
(Attachment F).
Excludes
Attachments C, D
and E.
Section 6--Emergency episode plan State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
(excluding subsections 6.1.4, 72). 52.1490(b).
6.5.2.2; tables 6.1, 6.2 and Subsections 6.1.4,
6.3; Air Pollution Episode 6.5.2.2; tables
Notice and; Episode 6.1, 6.2 and 6.3;
Communication Checklist). Air Pollution
Episode Notice
and; Episode
Communication
Checklist from the
original SIP were
superseded by
amended provisions
approved at 45 FR
46384 (7/10/80).
[[Page 458]]
Subsections 6.1.4 (Emergency State-wide.......... 12/29/78 45 FR 46384 (7/10/ Amends provisions
Episode Criteria) and 6.5.2.2 80). from original SIP.
(Episode Actions); table 6.1 See 40 CFR
(Episode stage definitions), 52.1490(c)(14)(i).
table 6.2 (Stage 1 episode,
Stage 2 episode, and Stage 3
episode), and table 6.3 (Source
list); Air Pollution Episode
Notice and; Episode
Communication Checklist.
Section 7--Compliance schedule... State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
72). 52.1490(b).
Section 8--Source surveillance... State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
72). 52.1490(b).
Section 9--Review of new sources State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
and modifications. 72). 52.1490(b).
Section 10--State of Nevada State-wide.......... 6/24/80 46 FR 40512 (8/10/ See 40 CFR
Ambient Air Quality Monitoring 81). 52.1490(c)(19)(i).
and Surveillance.
Section 11--Intergovernmental State-wide.......... 8/30/12 77 FR 64737 (10/23/ Submitted as
Consultation. 12). attachment D to
NDEP's August 30,
2012 SIP revision
submittal.
Attachment D--Inter-Local Washoe County....... 12/4/09 77 FR 64737 (10/23/ Submitted as
Agreement Supporting CAA 12). attachment D to
110(a)(2)(A)-(M) Requirements. NDEP's December 4,
2009 SIP revision
submittal.
Section 12--Resources............ State-wide.......... 8/30/12 77 FR 64737 (10/23/ Submitted as
12). attachment A to
NDEP's August 30,
2012 SIP revision
submittal.
Nevada's Clean Air Act Sec. State-wide, within 10/12/11 79 FR 15697(3/21/14) ``Infrastructure''
110(a)(1) and (2) State NDEP jurisdiction SIP for NDEP and
Implementation Plan for the 2008 and Washoe County. Washoe County for
Lead NAAQS, excluding appendices the 2008 Pb
A-G for NDEP; and excluding the standard.
Washoe County District Board of
Health Agenda, Minutes,
Certificate of Adoption, Cover
Letter to NDEP, and Proof of
Publication.
Clark County Portion of Nevada's Clark County........ 7/23/12 79 FR 15697 (3/21/ ``Infrastructure''
Clean Air Act Sec. 110(a)(1) 14). SIP for Clark
and (2) State Implementation County for the
Plan for the 2008 Lead NAAQS, 2008 Pb standard.
excluding Cover Letter to NDEP
and Clark County Air Quality
Regulations.
State Implementation Plan State-wide.......... 11/17/81 48 FR 6105 (2/10/83) Lead (Pb) SIP. See
Revision for Lead. 40 CFR
52.1490(c)(24)(v).
State Implementation Plan Las Vegas Valley, 6/24/80 47 FR 28374 (6/30/ Lead (Pb) SIP. See
Revision for Ambient Lead in Las Clark County. 82). 40 CFR
Vegas Valley, Clark County, 52.1490(c)(19)(iii
Nevada, 2/11/80. ).
Adopted Lead Implementation Plan Truckee Meadows, 5/30/84 49 FR 26736 (6/29/ Lead (Pb) SIP. See
for the Truckee Meadows Basin, 4/ Washoe County. 84). 40 CFR
26/84. 52.1490(c)(31)(i).
[[Page 459]]
Enclosure 1--CAA 110(a)(2)(A)-(M) State-wide, within 2/1/08 77 FR 64737 (10/23/ ``Infrastructure''
Requirements in the Current NDEP jurisdiction. 12). SIP for the 1997 8-
Nevada State Implementation Plan Hour ozone
(SIP) for 8-Hour Ozone. standard.
Enclosures (2) and
(3) include copies
of the regulatory
and statutory
provisions
previously
approved in the
Nevada SIP.
Enclosure 1--CAA 110(a)(2)(A)-(M) State-wide, within 2/26/08 77 FR 64737 (10/23/ ``Infrastructure''
Requirements in the Current NDEP jurisdiction. 12). SIP for the 1997
Nevada State Implementation Plan PM2.5 standard.
(SIP) for PM2.5. Enclosures (2) and
(3) include copies
of the regulatory
and statutory
provisions
previously
approved in the
Nevada SIP.
Enclosure 1-CAA 110(a)(2)(A)-(M) State-wide, within 9/15/09 77 FR 64737 (10/23/ ``Infrastructure''
Requirements in the Current NDEP jurisdiction. 12). SIP for the 2006
Nevada State Implementation Plan PM2.5 standard.
(SIP) for PM2.5. Enclosures (2) and
(3) include copies
of the regulatory
and statutory
provisions
previously
approved in the
Nevada SIP.
Attachment A--Current CAA Washoe County....... 12/04/09 77 FR 64737 (10/23/ Attachment B
110(a)(2)(A)-(M) Requirements in 12). includes Washoe
the Washoe County Portion of the County
Nevada PM2.5 SIP. regulations, that
are addressed in
separate
rulemakings.
Attachment C is
the PSD delegation
agreement between
Washoe County
District Health
Department and EPA
Region IX.
Attachment D
(``Inter-Local
Agreement
Supporting CAA
110(a)(2)(A)-(M)
Requirements'') is
approved into the
SIP and listed
separately in this
table.
Revisions to Nevada's Clean Air State-wide.......... 8/30/2012 77 FR 64737 (10/23/ Attachment A
Act Section 110(a)(2) Plan 2012). (``Section 12-
Submittals as of July 2012 Resources''), the
(August 2012), excluding individual
attachments A through D. statutory
provisions in
attachment B
(``Statutes for
Inclusion in
Nevada's ASIP''),
and attachment D
(``Section 11--
Intergovernmental
Consultation'')
are listed
separately in this
table. Attachment
C was submitted
for information
only and not for
incorporation into
Nevada's SIP.
Small Business Stationary Source State-wide.......... 6/28/1994 61 FR 4901 (2/9/ See 40 CFR
Technical and Environmental 1996). 52.1490(c)(34)(i)(
Compliance Assistance Program. A).
[[Page 460]]
Nevada's Clean Air Act Sec. State-wide.......... 12/20/2012 80 FR 67662 (11/3/ ``Infrastructure''
110(a)(1) and (2) State 2015). SIP for NDEP,
Implementation Plan for the 2008 Clark County and
ozone NAAQS, excluding Washoe County for
appendices A-F for NDEP; the 2008 8-hour
excluding the cover letter to ozone standard.
NDEP and attachments A and B for
Clark County; and excluding the
cover letter to NDEP and
Attachments A and B for Washoe
County.
Supplement to the Nevada Division State-wide.......... 3/25/2016 81 FR 9165 (2/3/ Interstate
of Environmental Protection 2017). transport
Portion of the Nevada supplement to the
``Infrastructure'' SIP for the ``Infrastructure''
2008 Ozone NAAQS: CAA Sec. SIP for NDEP,
110(a)(2)(D)(i)(I), Interstate Clark County and
Transport; excluding the cover Washoe County for
letter to EPA Region 9 and the 2008 8-hour
attachments A and 2. ozone standard.
Nevada's Clean Air Act Sec. NDEP jurisdiction 1/18/2013 80 FR 67662 (11/3/ ``Infrastructure''
110(a)(1) and (2) State and Clark County. 2015). SIP for NDEP and
Implementation Plan for the 2010 Clark County for
nitrogen dioxide NAAQS, the 2010 1-hour
excluding appendices A-G for nitrogen dioxide
NDEP; excluding the cover letter standard.
to NDEP and attachments A-C for
Clark County; and excluding the
cover letter to NDEP, Washoe
County portion of Nevada's State
Implementation Plan for the 2010
nitrogen dioxide NAAQS, and
attachments A and B for Washoe
County.
Washoe County Portion of Nevada's Washoe County....... 3/15/2013 80 FR 67662 (11/3/ ``Infrastructure''
Clean Air Act Sec. 110(a)(1) 2015). SIP for Washoe
and (2) State Implementation County for the
Plan for the 2010 nitrogen 2010 1-hour
dioxide NAAQS, excluding cover nitrogen dioxide
letter to NDEP and attachments A- standard.
B.
Nevada's Clean Air Act Sec. State-wide.......... 6/3/2013 80 FR 67662 (11/3/ ``Infrastructure''
110(a)(1) and (2) State 2015). SIP for NDEP,
Implementation Plan for the 2010 Clark County and
sulfur dioxide NAAQS, excluding Washoe County for
the cover letter and appendices the 2010 1-hour
A-E for NDEP; excluding the sulfur dioxide
cover letter to NDEP and standard.
attachments A-C for Clark
County; and excluding the cover
letter to NDEP, attachments A-C,
and public notice information
for Washoe County.
[[Page 461]]
Nevada Regional Haze State State-wide.......... 11/18/09 77 FR 50936 (8/23/ Excluding Appendix
Implementation Plan (October 2012). A (``Nevada BART
2009), excluding the BART Regulation''). The
determination for NOX at Reid Nevada BART
Gardner Generating Station in regulation,
sections 5.5.3, 5.6.3 and 7.2, including NAC
which the EPA has disapproved. 445B.029,
445B.22095, and
445B.22096, is
listed above in 40
CFR 52.1470(c).
Nevada Regional Haze Plan 5-Year State-wide.......... 11/18/2014 82 FR 37020 (8/8/
Progress Report. 2017).
Small Business Stationary Source State-wide.......... 7/5/95 61 FR 4901 (2/9/96). See 40 CFR
Technical and Environmental 52.1490(c)(35)(i)(
Compliance Assistance Program. A).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 0, Preliminary Chapter--General Provisions
----------------------------------------------------------------------------------------------------------------
0.039............................ ``Person'' defined.. 3/24/06 71 FR 51766 (08/31/ See 40 CFR
06). 52.1490(c)(59)(i)(
A)(1).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 18, State Executive Department, Boards, Chapter 232A, Commissions and Similar
Bodies
----------------------------------------------------------------------------------------------------------------
232A.020......................... Residency 8/30/12 77 FR 64737, 10/23/ Submitted in
requirement for 12. attachment B to
appointment; terms NDEP's August 30,
of members; 2012 SIP revision
vacancies; submittal. (Nevada
qualification of Revised Statutes,
member appointed as Volume 14, 2011,
representative of as published by
general public; the Legislative
gubernatorial Counsel, State of
appointee Nevada, section
prohibited from 232A.020).
serving on more
than one board,
commission or
similar body.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 23, Public Officers and Employees, Chapter 281A, Ethics in Government
----------------------------------------------------------------------------------------------------------------
281A.150......................... ``Public employee'' 8/30/12 77 FR 64737, 10/23/ Submitted in
defined. 12. attachment B to
NDEP's August 30,
2012 SIP revision
submittal. (Nevada
Revised Statutes,
Volume 18, 2011,
as published by
the Legislative
Counsel, State of
Nevada, section
281A.150).
----------------------------------------------------------------------------------------------------------------
281A.160......................... ``Public officer'' 8/30/12 77 FR 64737, 10/23/ Submitted in
defined. 12. attachment B to
NDEP's August 30,
2012 SIP revision
submittal. (Nevada
Revised Statutes,
Volume 18, 2011,
as published by
the Legislative
Counsel, State of
Nevada, section
481A.160).
[[Page 462]]
281A.400......................... General 8/30/12 77 FR 64737, 10/23/ Submitted in
requirements; 12. attachment B to
exceptions. NDEP's August 30,
2012 SIP revision
submittal. (Nevada
Revised Statutes,
Volume 18, 2011,
as published by
the Legislative
Counsel, State of
Nevada, section
281A.400).
281A.410......................... Limitations on 8/30/12 77 FR 64737, 10/23/ Submitted in
representing or 12. attachment B to
counseling private NDEP's August 30,
persons before 2012 SIP revision
public agencies; submittal. (Nevada
disclosure required Revised Statutes,
by certain public Volume 18, 2011,
officers. as published by
the Legislative
Counsel, State of
Nevada, section
281A.410).
281A.420......................... Requirements 8/30/12 77 FR 64737, 10/23/ Submitted in
regarding 12. attachment B to
disclosure of NDEP's August 30,
conflicts of 2012 SIP revision
interest and submittal. (Nevada
abstention from Revised Statutes,
voting because of Volume 18, 2011,
certain types of as published by
conflicts; effect the Legislative
of abstention on Counsel, State of
quorum and voting Nevada, section
requirements; 281A.420).
exceptions.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 32, Revenue and Taxation, Chapter 365, Taxes on Certain Fuels for Motor Vehicles
and Aircraft
----------------------------------------------------------------------------------------------------------------
365.060.......................... ``Motor vehicle 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
fuel'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 32, Revenue and Taxation, Chapter 366, Tax on Special Fuel
----------------------------------------------------------------------------------------------------------------
366.060.......................... ``Special fuel'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Chapter 439, Administration of Public Health
----------------------------------------------------------------------------------------------------------------
439.390.......................... District board of 8/30/12 77 FR 64737, 10/23/ Submitted in
health: 12. attachment B, and
Composition; as an exhibit to
qualifications of attachment D, to
members. NDEP's August 30,
2012 SIP revision
submittal. (Nevada
Revised Statutes,
Volume 27, 2011,
as published by
the Legislative
Counsel, State of
Nevada, section
439.390).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: General Provisions
----------------------------------------------------------------------------------------------------------------
445B.105......................... Definitions......... 1/12/06 71 FR 51766 (8/31/ Nevada Revised
06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.110......................... ``Air contaminant'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.115......................... ``Air pollution'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
[[Page 463]]
445B.120......................... ``Commission'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.125......................... ``Department'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.130......................... ``Director'' defined 1/12/06 71 FR 51766 (8/31/ Nevada Revised
06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.135......................... ``Federal Act'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.140......................... ``Hazardous air 1/12/06 71 FR 51766 (8/31/ Nevada Revised
pollutant'' defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.145......................... ``Operating permit'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.150......................... ``Person'' defined.. 1/12/06 71 FR 51766 (8/31/ Nevada Revised
06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.155......................... ``Source'' and 1/12/06 71 FR 51766 (8/31/ Nevada Revised
``indirect source'' 06). Statutes (2003).
defined. See 40 CFR
52.1490(c)(56)(i)(
A)(4).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: State Environmental Commission
----------------------------------------------------------------------------------------------------------------
445B.200......................... Creation and 1/12/06 72 FR 11 (01/03/07). Nevada Revised
composition; Statutes (2003).
chairman; quorum; See 40 CFR
compensation of 52.1490(c)(56)(i)(
members and A)(8).
employees;
disqualification;
technical support.
445B.205......................... Department 1/12/06 72 FR 11 (01/03/07). Nevada Revised
designated as State Statutes (2003).
Air Pollution See 40 CFR
Control Agency. 52.1490(c)(56)(i)(
A)(8).
445B.210......................... Powers of commission 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.220......................... Additional powers of 1/12/06 71 FR 51766 (8/31/ Nevada Revised
commission. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.225......................... Power of commission 1/12/06 71 FR 51766 (8/31/ Nevada Revised
to require testing 06). Statutes (2003).
of sources. See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.230......................... Powers and duties of 1/12/06 72 FR 11 (01/03/07). Nevada Revised
department. Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(8).
445B.235......................... Additional powers of 1/12/06 71 FR 51766 (8/31/ Nevada Revised
department. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.240......................... Power of 1/12/06 72 FR 11 (01/03/07). Nevada Revised
representatives of Statutes (2003).
department to enter See 40 CFR
and inspect 52.1490(c)(56)(i)(
premises. A)(8).
445B.245......................... Power of department 1/12/06 71 FR 51766 (8/31/ Nevada Revised
to perform or 06). Statutes (2003).
require test of See 40 CFR
emissions from 52.1490(c)(56)(i)(
stacks. A)(4).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Local Hearing Board
----------------------------------------------------------------------------------------------------------------
445B.275......................... Creation; members; 1/12/06 71 FR 51766 (8/31/ Nevada Revised
terms. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.280......................... Attendance of 1/12/06 71 FR 51766 (8/31/ Nevada Revised
witnesses at 06). Statutes (2003).
hearing; contempt; See 40 CFR
compensation. 52.1490(c)(56)(i)(
A)(4).
----------------------------------------------------------------------------------------------------------------
[[Page 464]]
Nevada Revised Statutes, Title 40, Public Health and Safety, Chapter 445B, Air Pollution: Provisions for
Enforcement
----------------------------------------------------------------------------------------------------------------
445B.300......................... Operating permit for 1/12/06 71 FR 51766 (8/31/ Nevada Revised
source of air 06). Statutes (2003).
contaminant; notice See 40 CFR
and approval of 52.1490(c)(56)(i)(
proposed A)(4).
construction;
administrative
fees; failure of
commission or
department to act.
445B.310......................... Limitations on 6/26/07 74 FR 15219 (4/3/09) Nevada Revised
enforcement of Statutes (2003).
federal and state See 40 CFR
regulations 52.1470(c)(66)(i)(
concerning indirect A)(4).
sources.
445B.320......................... Approval of plans 1/12/06 71 FR 51766 (8/31/ Nevada Revised
and specifications 06). Statutes (2003).
required before See 40 CFR
construction or 52.1490(c)(56)(i)(
alteration of A)(4).
structure.
445B.340......................... Appeals to 1/12/06 72 FR 11 (01/03/07). Nevada Revised
commission: notice Statutes (2003).
of appeal. See 40 CFR
52.1490(c)(56)(i)(
A)(8).
445B.350......................... Appeals to 1/12/06 72 FR 11 (01/03/07). Nevada Revised
commission: Statutes (2003).
hearings. See 40 CFR
52.1490(c)(56)(i)(
A)(8).
445B.360......................... Appeals to 1/12/06 72 FR 11 (01/03/07). Nevada Revised
commission: Statutes (2003).
appealable matters; See 40 CFR
action by 52.1490(c)(56)(i)(
commission; A)(8).
regulations.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Violations
----------------------------------------------------------------------------------------------------------------
445B.450......................... Notice and order by 1/12/06 72 FR 11 (01/03/07). Nevada Revised
director; hearing; Statutes (2003).
alternative See 40 CFR
procedures. 52.1490(c)(56)(i)(
A)(8).
445B.460......................... Injunctive relief... 1/12/06 72 FR 11 (01/03/07). Nevada Revised
Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(8).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Program for Control of Air Pollution
----------------------------------------------------------------------------------------------------------------
445B.500......................... Establishment and 8/30/12 77 FR 64737, 10/23/ Submitted in
administration of 12. attachment B to
program; contents NDEP's August 30,
of program; 2012 SIP revision
designation of air submittal. (Nevada
pollution control Revised Statutes,
agency of county Volume 28, 2011,
for purposes of as published by
federal act; powers the Legislative
and duties of local Counsel, State of
air pollution Nevada, section
control board; 445B.500).
notice of public
hearings;
delegation of
authority to
determine
violations and levy
administrative
penalties; cities
and smaller
counties;
regulation of
certain electric
plants prohibited.
445B.503......................... Local air pollution 8/30/12 77 FR 64737, 10/23/ Submitted in
control board in 12. attachment B, and
county whose as an exhibit to
population is attachment D, to
700,000 or more: NDEP's August 30,
Cooperation with 2012 SIP revision
regional planning submittal. (Nevada
coalition and Revised Statutes,
regional Volume 28, 2011,
transportation as published by
commission; the Legislative
prerequisites to Counsel, State of
adoption or Nevada, section
amendment of plan, 445B.503).
policy or program.
[[Page 465]]
445B.510......................... Commission may 1/12/06 71 FR 51766 (8/31/ Nevada Revised
require program for 06). Statutes (2003).
designated area. See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.520......................... Commission may 1/12/06 71 FR 51766 (8/31/ Nevada Revised
establish or 06). Statutes (2003).
supersede county See 40 CFR
program. 52.1490(c)(56)(i)(
A)(4).
445B.530......................... Commission may 1/12/06 71 FR 51766 (8/31/ Nevada Revised
assume jurisdiction 06). Statutes (2003).
over specific See 40 CFR
classes of air 52.1490(c)(56)(i)(
contaminants. A)(4).
445B.540......................... Restoration of 1/12/06 71 FR 51766 (8/31/ Nevada Revised
superseded local 06). Statutes (2003).
program; See 40 CFR
continuation of 52.1490(c)(56)(i)(
existing local A)(4).
program.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Miscellaneous Provisions
----------------------------------------------------------------------------------------------------------------
445B.560......................... Plan or procedure 1/12/06 71 FR 51766 (8/31/ Nevada Revised
for emergency. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(
A)(4).
445B.570......................... Confidentiality and 1/12/06 72 FR 11 (01/03/07). Nevada Revised
use of information Statutes (2003).
obtained by See 40 CFR
Department; penalty. 52.1490(c)(56)(i)(
A)(8).
445B.580......................... Officer of 1/12/06 72 FR 11 (01/03/07). Nevada Revised
Department may Statutes (2003).
inspect or search See 40 CFR
premises; search 52.1490(c)(56)(i)(
warrant. A)(8).
445B.595......................... Governmental sources 1/12/06 71 FR 51766 (8/31/ Nevada Revised
of air contaminants 06). Statutes (2003).
to comply with See 40 CFR
state and local 52.1490(c)(56)(i)(
provisions A)(4).
regarding air
pollution; permit
to set fire for
training purposes;
planning and zoning
agencies to
consider effects on
quality of air.
445B.600......................... Private rights and 1/12/06 72 FR 11 (01/03/07). Nevada Revised
remedies not Statutes (2003).
affected. See 40 CFR
52.1490(c)(56)(i)(
A)(8).
445B.610......................... Provisions for 1/12/06 72 FR 11 (01/03/07). Nevada Revised
transition in Statutes (2003).
administration. See 40 CFR
52.1490(c)(56)(i)(
A)(8).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Penalties
----------------------------------------------------------------------------------------------------------------
445B.640......................... Levy and disposition 1/12/06 72 FR 11 (01/03/07). Nevada Revised
of administrative Statutes (2003).
fines; additional See 40 CFR
remedies available; 52.1490(c)(56)(i)(
penalty. A)(8).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Chapter 445B, Air Pollution: Control of Emissions
from Engines
----------------------------------------------------------------------------------------------------------------
445B.700......................... Definitions......... 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.705......................... ``Approved 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
inspector'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.710......................... ``Authorized 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
inspection Statutes (2005).
station'' defined. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.715......................... ``Authorized 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
maintenance Statutes (2005).
station'' defined. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.720......................... ``Authorized 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
station'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
[[Page 466]]
445B.725......................... ``Commission'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.730......................... ``Evidence of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
compliance'' Statutes (2005).
defined. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.735......................... ``Fleet station'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.737......................... ``Heavy-duty motor 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
vehicle'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.740......................... ``Light-duty motor 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
vehicle'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.745......................... ``Motor vehicle'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.747......................... ``Motor vehicle 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
fuel'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.750......................... ``Passenger car'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.755......................... ``Pollution control 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
device'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.757......................... ``Special fuel'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.758......................... ``Used motor 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
vehicle'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.759......................... Inapplicability to 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
military tactical Statutes (2005).
vehicles. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.760......................... Authority of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Commission to Statutes (2005).
prescribe standards See 40 CFR
for emissions from 52.1490(c)(71)(i)(
mobile internal A)(1).
combustion engines;
trimobiles;
standards
pertaining to motor
vehicles to be
approved by
Department of Motor
Vehicles.
445B.765......................... Information 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
concerning program Statutes (2005).
for control of See 40 CFR
emissions from 52.1490(c)(71)(i)(
motor vehicles: A)(1).
Collection,
interpretation and
correlation; public
inspection.
445B.770......................... Regulations of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Commission: Control Statutes (2005).
of emissions from See 40 CFR
motor vehicles; 52.1490(c)(71)(i)(
program for A)(1).
inspection and
testing of motor
vehicles.
445B.775......................... Regulations of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Commission: Statutes (2005).
Requirements for See 40 CFR
licensing of 52.1490(c)(71)(i)(
stations by A)(1).
Department of Motor
Vehicles.
[[Page 467]]
445B.780......................... Program for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
regulation of Statutes (2005).
emissions from See 40 CFR
heavy-duty motor 52.1490(c)(71)(i)(
vehicles; equipment A)(1).
used to measure
emissions; waiver
from requirements
of program.
445B.785......................... Regulations of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department of Motor Statutes (2005).
Vehicles: Licensing See 40 CFR
of stations; 52.1490(c)(71)(i)(
performance of A)(1).
inspection and
issuance of
evidence of
compliance;
diagnostic
equipment; fee,
bond or insurance;
informational
pamphlet;
distribution.
445B.790......................... Regulations 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
concerning Statutes (2005).
inspection of See 40 CFR
stations; grounds 52.1490(c)(71)(i)(
for denial, A)(1).
suspension or
revocation of
license of
inspector or
station.
445B.795......................... Compulsory program 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
for control of Statutes (2005).
emissions: See 40 CFR
Limitations. 52.1490(c)(71)(i)(
A)(1).
445B.798......................... Authority of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department of Motor Statutes (2005).
Vehicles, in larger See 40 CFR
counties, to 52.1490(c)(71)(i)(
conduct test of A)(1).
emissions from
motor vehicle being
operated on highway.
445B.800......................... Evidence of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
compliance: Statutes (2005).
Requirements for See 40 CFR
registration, sale 52.1490(c)(71)(i)(
or long-term lease A)(1).
of used vehicles in
certain counties.
445B.805......................... Evidence of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
compliance: Statutes (2005).
Exemptions from See 40 CFR
requirements. 52.1490(c)(71)(i)(
A)(1).
445B.810......................... State Department of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Conservation and Statutes (2005).
Natural Resources See 40 CFR
to provide 52.1490(c)(71)(i)(
assistance. A)(1).
445B.815......................... Evidence of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
compliance: Duty of Statutes (2005).
employees and See 40 CFR
agents of 52.1490(c)(71)(i)(
Department of Motor A)(1).
Vehicles;
submission by owner
or lessee of fleet.
445B.820......................... Installation and 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
inspection of Statutes (2005).
pollution control See 40 CFR
device. 52.1490(c)(71)(i)(
A)(1).
445B.825......................... Exemption of certain 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
classes of motor Statutes (2005).
vehicles; waiver See 40 CFR
from provisions of 52.1490(c)(71)(i)(
NRS 445B.770 to A)(1).
445B.815, inclusive.
[[Page 468]]
445B.830......................... Fees to be paid to 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department of Motor Statutes (2005).
Vehicles; Pollution See 40 CFR
Control Account; 52.1490(c)(71)(i)(
expenditure of A)(1).
money in Account;
quarterly
distributions to
local governments;
annual reports by
local governments;
grants; creation
and duties of
advisory committee;
submission and
approval of
proposed grants.
445B.832......................... Surcharge for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
electronic Statutes (2005).
transmission of See 40 CFR
information: 52.1490(c)(71)(i)(
Authority to A)(1).
impose; inclusion
as separate entry
on form certifying
emission control
compliance;
definition.
445B.834......................... Additional fee for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
form certifying Statutes (2005).
emission control See 40 CFR
compliance: 52.1490(c)(71)(i)(
Retention of A)(1).
portion of fee by
station performing
inspection;
definition.
445B.835......................... Administrative fine; 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
hearing; additional Statutes (2005).
remedies to compel See 40 CFR
compliance. 52.1490(c)(71)(i)(
A)(1).
445B.840......................... Unlawful acts....... 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.845......................... Criminal penalty; 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
enforcement of Statutes (2005).
provisions by peace See 40 CFR
officer; mitigation 52.1490(c)(71)(i)(
of offense. A)(1).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 481, Administration of Laws
Relating to Motor Vehicles: Department of Motor Vehicles
----------------------------------------------------------------------------------------------------------------
481.019.......................... Creation; powers and 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
duties. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
481.023.......................... Administration of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
laws by Department; Statutes (2005).
exceptions. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
481.027.......................... General functions of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department of Motor Statutes (2005).
Vehicles and See 40 CFR
Department of 52.1490(c)(71)(i)(
Transportation A)(1).
respecting state
highways.
481.031.......................... Office of Director 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
of Department Statutes (2005).
created. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
481.035.......................... Director of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department: Statutes (2005).
Appointment; See 40 CFR
classification; 52.1490(c)(71)(i)(
other employment A)(1).
prohibited;
employment of
deputies and staff.
481.047.......................... Appointment of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
personnel. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
481.0473......................... Divisions of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
481.0475......................... Duties of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Administrative Statutes (2005).
Services Division. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
[[Page 469]]
481.048.......................... Division of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Compliance Statutes (2005).
Enforcement: See 40 CFR
Appointment and 52.1490(c)(71)(i)(
duties of A)(1).
investigators.
481.0481......................... Section for Control 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
of Emissions From Statutes (2005).
Vehicles and See 40 CFR
Enforcement of 52.1490(c)(71)(i)(
Matters Related to A)(1).
Use of Special
Fuel: Creation;
appointment and
duties of
investigators,
officers and
technicians.
481.051.......................... Powers and duties of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Director: Generally. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
481.0515......................... Powers and duties of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Director: Statutes (2005).
References to names See 40 CFR
of persons in 52.1490(c)(71)(i)(
documents and A)(1).
records.
481.052.......................... Powers and duties of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Director: Adoption Statutes (2005).
of definition of See 40 CFR
`seasonal resident' 52.1490(c)(71)(i)(
by regulation. A)(1).
481.0535......................... Powers and duties of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Director: Statutes (2005).
Expenditure of See 40 CFR
appropriations to 52.1490(c)(71)(i)(
assist certain A)(1).
entities to
purchase and obtain
evidence; receipt
and safekeeping of
money.
481.055.......................... Department to keep 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
main office in Statutes (2005).
Carson City; See 40 CFR
maintenance of 52.1490(c)(71)(i)(
branch offices. A)(1).
481.057.......................... Offices of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department: Statutes (2005).
Extended hours of See 40 CFR
operation. 52.1490(c)(71)(i)(
A)(1).
481.063.......................... Collection and 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
deposit of fees for Statutes (2005).
publications of See 40 CFR
Department and 52.1490(c)(71)(i)(
private use of A)(1).
files and records
of Department;
limitations on
release and use of
files and records;
regulations.
481.065.......................... Acceptance of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
donations for Statutes (2005).
programs for See 40 CFR
traffic safety. 52.1490(c)(71)(i)(
A)(1).
481.079.......................... Money collected to 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
be deposited in Statutes (2005).
Motor Vehicle Fund; See 40 CFR
exception; 52.1490(c)(71)(i)(
dishonored A)(1).
payments;
adjustment of
deposits.
481.081.......................... Arrearage in tax, 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
fee or assessment Statutes (2005).
administered by See 40 CFR
Department: 52.1490(c)(71)(i)(
Department A)(1).
authorized to file
certificate;
certificate as
lien; extension of
lien.
481.082.......................... Arrearage in tax, 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
fee or assessment Statutes (2005).
administered by See 40 CFR
Department: Release 52.1490(c)(71)(i)(
or subordination of A)(1).
lien; certificate
issued by
Department as
conclusive evidence.
[[Page 470]]
481.083.......................... Money for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
administration of Statutes (2005).
chapter; claims. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
481.087.......................... Administrative 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
expenses deemed Statutes (2005).
cost of See 40 CFR
administration of 52.1490(c)(71)(i)(
operation of motor A)(1).
vehicles on public
highways.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases
----------------------------------------------------------------------------------------------------------------
482.029.......................... Electric personal 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
assistive mobility Statutes (2005).
device defined. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases--Administration
----------------------------------------------------------------------------------------------------------------
482.155.......................... Enforcement of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
provisions of Statutes (2005).
chapter by See 40 CFR
Department, its 52.1490(c)(71)(i)(
officers and peace A)(1).
officers.
482.160.......................... Administrative 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
regulations; branch Statutes (2005).
offices; See 40 CFR
appointment of 52.1490(c)(71)(i)(
agents and A)(1).
designation of
county assessor as
agent; compensation
of certain agents.
482.162.......................... Department to adopt 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
regulations setting Statutes (2005).
forth criteria for See 40 CFR
determination of 52.1490(c)(71)(i)(
whether person is A)(1).
farmer or rancher;
presentation of
evidence to
Department.
482.165.......................... Director to provide 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
forms. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.170.......................... Records of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department Statutes (2005).
concerning See 40 CFR
registration and 52.1490(c)(71)(i)(
licensing. A)(1).
482.171.......................... List of registered 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
owners to be Statutes (2005).
provided for See 40 CFR
selection of jury; 52.1490(c)(71)(i)(
reimbursement of A)(1).
Department.
482.173.......................... Schedule for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
retention and Statutes (2005).
disposition of See 40 CFR
certain records of 52.1490(c)(71)(i)(
Department. A)(1).
482.175.......................... Validity of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
registration: Statutes (2005).
Powers and duties See 40 CFR
of Department and 52.1490(c)(71)(i)(
registered dealers. A)(1).
482.180.......................... Motor Vehicle Fund: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Creation: deposits; Statutes (2005).
interest and See 40 CFR
income; dishonored 52.1490(c)(71)(i)(
payments; A)(1).
distribution of
money collected for
basic governmental
services tax;
transfers.
[[Page 471]]
482.1805......................... Revolving Account 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
for Issuance of Statutes (2005).
Special License See 40 CFR
Plates: Creation; 52.1490(c)(71)(i)(
deposit of certain A)(1).
fees; use of money
in Account;
transfer of excess
balance to State
Highway Fund.
482.181.......................... Governmental 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
services taxes: Statutes (2005).
Certification of See 40 CFR
amount collected 52.1490(c)(71)(i)(
each month; A)(1).
distribution.
482.183.......................... Motor Vehicle 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Revolving Account: Statutes (2005).
Creation; use; See 40 CFR
deposits. 52.1490(c)(71)(i)(
A)(1).
482.186.......................... Certain odometers 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
deemed to register Statutes (2005).
mileage reflected See 40 CFR
on odometer plus 52.1490(c)(71)(i)(
100,000 miles. A)(1).
482.187.......................... Department 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
authorized to enter Statutes (2005).
into written See 40 CFR
agreements for 52.1490(c)(71)(i)(
periodic payment of A)(1).
delinquent taxes or
fees; regulations.
482.188.......................... Waiver of penalty or 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
interest for Statutes (2005).
failure timely to See 40 CFR
file return or pay 52.1490(c)(71)(i)(
tax, penalty or fee A)(1).
in certain
circumstances.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases--Original and Renewal of Registration
----------------------------------------------------------------------------------------------------------------
482.205.......................... Registration 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
required for Statutes (2005).
certain vehicles. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.206.......................... Periods of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
registration for Statutes (2005).
motor vehicles; See 40 CFR
exceptions. 52.1490(c)(71)(i)(
A)(1).
482.208.......................... Registration of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
leased vehicles by Statutes (2005).
long-term lessor or See 40 CFR
long-term lessee. 52.1490(c)(71)(i)(
A)(1).
482.210.......................... Exemptions from 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
registration. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.215.......................... Application for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
registration. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.216.......................... Department may 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
authorize new Statutes (2005).
vehicle dealer to See 40 CFR
accept applications 52.1490(c)(71)(i)(
for registration A)(1).
and transfer of
registration of new
motor vehicles and
to issue
certificates of
registration;
duties of dealer;
prohibited acts;
regulations.
482.220.......................... Application for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
specially Statutes (2005).
constructed, See 40 CFR
reconstructed, 52.1490(c)(71)(i)(
rebuilt or foreign A)(1).
vehicle;
certificate of
inspection; charge
for inspection.
[[Page 472]]
482.225.......................... Collection of sales 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
or use tax upon Statutes (2005).
application for See 40 CFR
registration of 52.1490(c)(71)(i)(
certain vehicles A)(1).
purchased outside
this State; payment
of all applicable
taxes and fees
required for
registration;
refund of tax
erroneously or
illegally collected.
482.230.......................... Grounds requiring 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
refusal of Statutes (2005).
registration. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.235.......................... Registration indexes 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
and records; Statutes (2005).
assignment of See 40 CFR
registration number 52.1490(c)(71)(i)(
by registered A)(1).
dealer.
482.240.......................... Issuance of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
certificates of Statutes (2005).
registration and See 40 CFR
title by Department 52.1490(c)(71)(i)(
or registered A)(1).
dealer; period of
validity of
certificate.
482.245.......................... Contents of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
certificates of Statutes (2005).
registration and See 40 CFR
title. 52.1490(c)(71)(i)(
A)(1).
482.255.......................... Placement of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
certificate of Statutes (2005).
registration; See 40 CFR
surrender upon 52.1490(c)(71)(i)(
demand of peace A)(1).
officer, justice of
the peace or deputy
of Department;
limitation on
conviction.
482.260.......................... Duties of Department 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
of Motor Vehicles Statutes (2005).
and its agents See 40 CFR
relative to 52.1490(c)(71)(i)(
registration of A)(1).
vehicle; issuance
of certificate of
title; fees and
taxes.
482.265.......................... License plates 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
issued upon Statutes (2005).
registration; See 40 CFR
stickers, tabs or 52.1490(c)(71)(i)(
other devices A)(1).
issued upon renewal
of registration;
return of plates;
fee for and
limitations on
issuance of special
license plates.
482.266.......................... Manufacture of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
license plates Statutes (2005).
substantially See 40 CFR
similar to license 52.1490(c)(71)(i)(
plates issued A)(1).
before January 1,
1982: Written
request; fee;
delivery; duties of
Department;
retention of old
plates authorized
if requested plates
contain same
letters and numbers.
482.267.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Production at Statutes (2005).
facility of See 40 CFR
Department of 52.1490(c)(71)(i)(
Corrections. A)(1).
482.268.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Additional fee for Statutes (2005).
issuance; deposit See 40 CFR
of fee. 52.1490(c)(71)(i)(
A)(1).
[[Page 473]]
482.270.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
General Statutes (2005).
specifications; See 40 CFR
redesign; 52.1490(c)(71)(i)(
configuration of A)(1).
special license
plates designed,
prepared and issued
pursuant to process
of direct
application and
petition.
482.2703......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Samples; form; fee; Statutes (2005).
penalty. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.2705......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Passenger cars and Statutes (2005).
trucks. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.271.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Decals; fees. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.2715......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Registrant entitled Statutes (2005).
to maintain code if See 40 CFR
continuously 52.1490(c)(71)(i)(
renewed; A)(1).
exceptions;
issuance of
replacement plates
with same code
after expiration of
registration; fee.
482.2717......................... License plates to be 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
issued to Statutes (2005).
automobile wreckers See 40 CFR
and operators of 52.1490(c)(71)(i)(
salvage pools. A)(1).
482.272.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Motorcycles. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.274.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Trailers. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.275.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Display. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.280.......................... Expiration and 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
renewal of Statutes (2005).
registration. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
482.2805......................... Department not to 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
renew registration Statutes (2005).
if local authority See 40 CFR
has filed notice of 52.1490(c)(71)(i)(
nonpayment pursuant A)(1).
to NRS 484.444; fee
for service
performed by
Department.
482.2807......................... Requirements for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
registration if Statutes (2005).
local government See 40 CFR
has filed notice of 52.1490(c)(71)(i)(
nonpayment pursuant A)(1).
to NRS 484.444.
482.281.......................... Authority of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department of Motor Statutes (2005).
Vehicles to allow See 40 CFR
authorized 52.1490(c)(71)(i)(
inspection station A)(1).
or authorized
station to renew
certificates of
registration;
adoption of
regulations.
482.283.......................... Change of name or 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
place of residence: Statutes (2005).
Notice to See 40 CFR
Department 52.1490(c)(71)(i)(
required; timing A)(1).
and contents of
notice.
[[Page 474]]
482.285.......................... Certificates, decals 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
and number plates: Statutes (2005).
Illegibility, loss, See 40 CFR
mutilation or 52.1490(c)(71)(i)(
theft; obtaining of A)(1).
duplicates or
substitutes; fees
and taxes.
482.290.......................... Assignment and 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
recording of new Statutes (2005).
number for See 40 CFR
identification of 52.1490(c)(71)(i)(
vehicle if old A)(1).
number destroyed or
obliterated; fee;
penalty for willful
defacement,
alteration,
substitution or
removal of number
with intent to
defraud.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases--Permits for Unregistered Motor Vehicles
----------------------------------------------------------------------------------------------------------------
482.385.......................... Registration of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
vehicle of Statutes (2005).
nonresident owner See 40 CFR
not required; 52.1490(c)(71)(i)(
exceptions; A)(1).
registration of
vehicle by person
upon becoming
resident of this
State; penalty;
taxes and fees;
surrender or
nonresident license
plates and
registration
certificate;
citation for
violation.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases--Cancellation of Registration
----------------------------------------------------------------------------------------------------------------
482.461.......................... Failure of mandatory 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
test of emissions Statutes (2005).
from engines; See 40 CFR
notification; cost 52.1490(c)(71)(i)(
of inspection. A)(1).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases--Penalties
----------------------------------------------------------------------------------------------------------------
482.565.......................... Administrative fines 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
for violations Statutes (2005).
other than See 40 CFR
deceptive trade 52.1490(c)(71)(i)(
practices; A)(1).
injunction or other
appropriate remedy;
enforcement
proceedings.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes (2005), Title 43, Public Safety; Vehicles; Watercraft; Chapter 484, Traffic Laws--Other
Equipment
----------------------------------------------------------------------------------------------------------------
484.101.......................... Passenger car 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
484.644.......................... Device for control 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
of pollution: Use Statutes (2005).
required; See 40 CFR
disconnection or 52.1490(c)(71)(i)(
alteration A)(1).
prohibited;
exceptions.
484.6441......................... Device for control 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
of pollution: Statutes (2005).
Penalty; proof of See 40 CFR
conformity may be 52.1490(c)(71)(i)(
required. A)(1).
----------------------------------------------------------------------------------------------------------------
* Not applicable.
[[Page 475]]
\1\ The organization of this table generally follows from the organization of the State of Nevada's original
1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
52.1470(c).
[77 FR 14864, Mar. 13, 2012, as amended at 77 FR 17340, Mar. 26, 2012;
77 FR 50951, Aug. 23, 2012; 77 FR 59327, Sept. 27, 2012; 77 FR 60916,
Oct. 5, 2012; 77 FR 64049, Oct. 18, 2012; 77 FR 64745, Oct. 23, 2012; 78
FR 1152, Jan. 8, 2013; 79 FR 15702, Mar. 21, 2014; 79 FR 35052, June 19,
2014; 79 FR 60080, Oct. 6, 2014; 79 FR 62351, Oct. 17, 2014; 79 FR
62851, Oct. 21, 2014; 80 FR 67662, Nov. 3, 2015; 80 FR 76234, Dec. 8,
2015; 81 FR 1884, Jan. 14, 2016; 81 FR 59498, Aug. 30, 2016; 82 FR 9165,
Feb. 3, 2017; 82 FR 13242, Mar. 10, 2017; 82 FR 26354, June 7, 2017; 82
FR 27624, June 16, 2017; 82 FR 37024, Aug. 8, 2017; 82 FR 42041, Sept.
6, 2017; 83 FR 984, Jan. 9, 2018]
Sec. 52.1471 Classification of regions.
The Nevada plan is evaluated on the basis of the following
classifications:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollutant
Air quality control region --------------------------------------------------------------------------------------------------------------------
Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Ozone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Las Vegas Intrastate............... I..................... III................... III.................. I.................... I
Northwest Nevada Intrastate........ I..................... III................... III.................. III.................. III
Nevada Intrastate.................. IA.................... III................... III.................. III.................. III
--------------------------------------------------------------------------------------------------------------------------------------------------------
[80 FR 67663, Nov. 3, 2015]
Sec. 52.1472 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Nevada's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act.
(b) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph.
(1) Mason Valley/Fernley Area for TSP.
(2) Lower Reese River Valley/Clovers Area for TSP.
(3) Carson Desert for TSP.
(4) Winnemucca Segment for TSP.
(5) Truckee Meadows for TSP and CO.
(6) Las Vegas Valley for TSP and CO.
(7) Lake Tahoe Basin for CO.
(c) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in the 1977, for the nonattainment areas listed in this
paragraph. In addition, continued satisfaction of the requirements of
Part D for the ozone portion of the State Implementation Plan (SIP)
depends on the adoption and submittal by January 1, 1981 of reasonably
available control technology (RACT) requirements for sources covered by
Control Technique Guidelines (CTG's) published between January 1978 and
January 1979.
(1) Truckee Meadows for O3.
(2) Las Vegas Valley for O3.
(d) 1997 8-hour ozone NAAQS: The SIPs submitted on February 1, 2008
and August 30, 2012 are partially disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(ii), (J) and (K) for the Nevada Division of
Environmental Quality (NDEP) and Washoe County portions of the Nevada
SIP; and for CAA element 110(a)(2)(F) for the Clark County portion of
the Nevada SIP.
(e) 1997 P2.5 NAAQS: The SIPs submitted on February 26, 2008 and
August 30, 2012 are partially disapproved for CAA elements 110(a)(2)(C),
(D)(ii), (J) and (K) for the NDEP and Washoe County portions of the
Nevada SIP; and for CAA element 110(a)(2)(F) for the Clark County
portion of the Nevada SIP.
(f) 2006 PM2.5 NAAQS: The SIPs submitted on September 15, 2009,
December 4, 2009, and August 30, 2012 are partially disapproved for CAA
elements 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other
state to prevent significant deterioration of air quality), (D)(ii), (J)
and (K) for the NDEP and Washoe County portions of the Nevada SIP; for
CAA element
[[Page 476]]
110(a)(2)(D)(i)(I) for the NDEP, Washoe County, and Clark County
portions of the Nevada SIP; and for CAA element 110(a)(2)(F) for the
Clark County portion of the Nevada SIP.
(g) 2008 Pb NAAQS: The SIPs submitted on October 12, 2011, July 23,
2012, and August 30, 2012 are partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(i)(II), and (J) for the Nevada Division
of Environmental Quality (NDEP), Clark County, and Washoe County
portions of the Nevada SIP; for CAA element (D)(ii) for the NDEP and
Washoe County portions of the Nevada SIP; and for CAA element
110(a)(2)(F)(iii) for the Clark County portion of the Nevada SIP.
(h) 2008 8-hour ozone NAAQS: The SIPs submitted on December 20, 2012
are partially disapproved for CAA elements 110(a)(2)(C), (D)(ii), and
(J) for the NDEP and Washoe County portions of the Nevada SIP.
(i) 2008 1-hour nitrogen dioxide NAAQS: The SIPs submitted on
January 18, 2013 are partially disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for the Nevada
Division of Environmental Quality (NDEP) and Washoe County portions of
the Nevada SIP.
(j) 2008 2010 1-hour sulfur dioxide NAAQS: The SIPs submitted on
June 3, 2013 are disapproved for CAA elements 110(a)(2)(C), (D)(i)(II),
(D)(ii), and (J) for the NDEP and Washoe County portions of the Nevada
SIP; no action is taken for CAA element 110(a)(2)(D)(i)(I).
[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 27069, June 23, 1982;
77 FR 64748, Oct. 23, 2012; 79 FR 15702, Mar. 21, 2014; 80 FR 67663,
Nov. 3, 2015; 82 FR 9166, Feb. 3, 2017]
Sec. 52.1473 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met
in Washoe County, since the plan does not provide procedures for making
emission data, as correlated with allowable emissions, available to the
public. In addition, Chapter 020.065 of the ``Air Pollution Control
Regulations'' of the District Board of Health of Washoe County in the
Northwest Nevada Intrastate Region is disapproved since it contains
provisions which restrict the public availability of emission data as
correlated with applicable emission limitations and other control
measures.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1-June 30 and July 1-December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control
[[Page 477]]
measures that are part of the applicable plan and will be available at
the appropriate regional office and at other locations in the state
designated by the Regional Administrator.
[37 FR 10878, May 31, 1972, as amended at 37 FR 15086, July 27, 1972; 38
FR 12708, May 14, 1973; 40 FR 55331, Nov. 28, 1975; 43 FR 1342, Jan. 24,
1978; 51 FR 40676, Nov. 7, 1986]
Sec. 52.1474 Part D conditional approval.
(a) The following portions of the Nevada SIP contain deficiencies
with respect to Part D of the Clean Air Act which must be corrected
within the time limit indicated.
(1)-(4) [Reserved]
[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 15792, Apr. 13, 1982;
47 FR 27069, June 23, 1982; 49 FR 6900, Feb. 24, 1984]
Sec. 52.1475 [Reserved]
Sec. 52.1476 Control strategy: Particulate matter.
(a) [Reserved]
(b) The following rule and portions of the control strategy are
disapproved since they do not provide the degree of control needed to
attain and maintain the National Ambient Air Quality Standards for
particulate matter.
(1) NAQR Article 7.2.7, Particulate Matter; Table 4.2, Emissions
Inventory Summary for Particulates and Table 5.2, Summary of Control
Strategy Analysis for Particulates, from the Nevada Control Strategy,
submitted on October 7, 1976.
(c) The following rules are disapproved because they relax the
emission limitation on particulate matter.
(1) Clark County District Board of Health, Table 27.1, (Particulate
Matter from Process Matter), submitted on July 24, 1979.
(2) Nevada Air Quality Regulations, Article 4, Rule 4.34, (Visible
Emission from Stationary Sources), submitted on December 29, 1978, and
Rule 4.3.6, (Visible Emission from Stationary Sources), submitted on
June 24, 1980.
[37 FR 10877, May 31, 1972, as amended at 45 FR 8011, Feb. 6, 1980; 46
FR 43142, Aug. 27, 1981; 51 FR 40676, Nov. 7, 1986; 80 FR 76235, Dec. 8,
2015]
Sec. 52.1477 Nevada air pollution emergency plan.
Section 6.1.5 of the Emergency Episode Plan submitted on December
29, 1978 is disapproved since termination of the episode is left to the
discretion of the Control Officer and not specified criteria and it does
not meet the requirements of 40 CFR 51.16 and Appendix L. The old rule
6.1.5 submitted on January 28, 1972 is retained.
[45 FR 46385, July 10, 1980]
Sec. 52.1478 Extensions.
The Administrator, by the authority delegated under section
186(a)(4) of the Clean Air Act as amended in 1990, hereby extends for
one year, until December 31, 1996, the attainment date for the Clark
County (Las Vegas Valley), Nevada carbon monoxide nonattainment area.
[61 FR 57333, Nov. 6, 1996]
Sec. 52.1479 Source surveillance.
(a) The requirements of Sec. 51.211 of this chapter are not met,
except in Clark County, since the plan does not provide adequate legally
enforceable procedures for requiring owners or operators of stationary
sources to maintain records of, and periodically report, information on
the nature and amount of emissions.
(b) The requirements of Sec. 51.214 of this chapter are not met
since the plan does not provide adequate legally enforceable procedures
to require stationary sources subject to emission standards to submit
information relating to emissions and operation of the emission monitors
to the State as specified in Appendix P of part 51.
[37 FR 10878, May 31, 1972, as amended at 38 FR 12709, May 14, 1973; 40
FR 55331, Nov. 28, 1975; 43 FR 36933, Aug. 21, 1978; 51 FR 40677, Nov.
7, 1986]
Sec. Sec. 52.1480-52.1481 [Reserved]
Sec. 52.1482 Compliance schedules.
(a)-(b) [Reserved]
(c) The compliance schedule revisions submitted for the sources
identified below are disapproved as not meeting the requirement of
subpart N of this chapter. All regulations cited are air
[[Page 478]]
pollution control regulations of the State, unless otherwise noted.
----------------------------------------------------------------------------------------------------------------
Source Location Regulation involved Date of adoption
----------------------------------------------------------------------------------------------------------------
Jack N. Tedford, Inc................. Fallon................. Not given.............. Aug. 14, 1972.
Basic, Inc........................... Gabbs.................. Article 4.............. Feb. 13, 1973.
Article 7.............. June 26, 1973.
Duval Corp........................... Battle Mountain........ Article 5.............. Feb. 13, 1973.
Mohave Generating Station, Southern Laughlin............... Clark County, Section Jan. 11, 1973.
California Edison Co. 16.
Section 26............. July 17, 1973.
----------------------------------------------------------------------------------------------------------------
[39 FR 14209, Apr. 22, 1974, as amended at 40 FR 3995, Jan. 27, 1975; 51
FR 40676, Nov. 7, 1986; 54 FR 25258, June 14, 1989]
Sec. 52.1483 Malfunction regulations.
(a) The following regulations are disapproved because they would
permit the exemption of sources from applicable emission limitations
under certain situations and therefore they do not satisfy the
enforcement imperatives of section 110 of the Clean Air Act.
(1) Clark County District Board of Health
(i) Previously approved on May 14, 1973 and deleted without
replacement on August 27, 1981: Section 12 (Upset, Breakdown, or
Scheduled Maintenance).
(ii) Section 25, Rule 25.1, submitted by the Governor on July 24,
1979.
(iii) Section 25, Rules 25.1-25.1.4, submitted by the Governor on
November 17, 1981.
(iv) Section 25, ``Affirmative Defense for Excess Emissions Due to
Malfunctions, Startup, and Shutdown,'' submitted by the Governor on
September 1, 2010.
[49 FR 10259, Mar. 20, 1984, as amended at 69 FR 54019, Sept. 7, 2004;
79 FR 13567, Mar. 11, 2014]
Sec. 52.1484 [Reserved]
Sec. 52.1485 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan, except as it applies to the Clark
County Health District, does not include approvable procedures for
preventing the significant deterioration of air quality.
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are
incorporated and made a part of the applicable State plan for the State
of Nevada except for that portion applicable to the Clark County Health
District.
(c) All applications and other information required pursuant to
Sec. 52.21 from sources located in the jurisdiction of the State of
Nevada shall be submitted to the Director, Department of Conservation
and Natural Resources, 201 South Fall Street, Carson City, Nevada
instead of the EPA Region 9 Office.
[47 FR 26621, June 21, 1982, as amended at 48 FR 28271, June 21, 1983;
68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]
Sec. 52.1486 Control strategy: Hydrocarbons and ozone.
(a) The requirements of subpart G of this chapter are not met since
the plan does not provide for the attainment and maintenance of the
national standard for ozone in the Las Vegas Intrastate Region (Sec.
81.80 of this chapter).
[45 FR 67347, Oct. 10, 1980, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.1487 Public hearings.
(a) The requirements of Sec. 51.102 (a) and (e) of this chapter are
not met since NAQR, Article 2.11.4.2 allows variances (compliance
schedules), to be renewed without a public hearing, thus allowing
further postponement of the final compliance date for sources whose
emissions contribute to violations of the national standards. Therefore,
NAQR, Article 2.11.4.2 is disapproved.
[43 FR 1343, Jan. 24, 1978, as amended at 51 FR 40675, Nov. 7, 1986]
[[Page 479]]
Sec. 52.1488 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Regulation for visibility monitoring and new source review. The
provisions of Sec. 52.28 are hereby incorporated and made a part of the
applicable plan for the State of Nevada except for that portion
applicable to the Clark County Department of Air Quality and
Environmental Management.
(c)-(d) [Reserved]
(e) Approval. On November 18, 2009, the Nevada Division of
Environmental Protection submitted the ``Nevada Regional Haze State
Implementation Plan.'' With the exception of the BART determination for
NOX at Reid Gardner Generating Station in sections 5.5.3,
5.6.3 and 7.2; the NOX averaging time and control type for
units 1, 2 and 3 in sub-paragraph (1)(c) of Nevada Administrative Code
section 445B.22096; and the NOX emission limit for unit 3 in
sub-paragraph (1)(c) of Nevada Administrative Code section 445B.22096;
the Nevada Regional Haze State Implementation Plan, as supplemented and
amended on February 18, 2010 and September 20, 2011, meets the
applicable requirements of Clean Air Act sections 169A and 169B and the
Regional Haze Rule in 40 CFR 51.308.
(f) [Reserved]
(g) Approval. On November 18, 2014, the Nevada Division of
Environmental Protection submitted the ``Nevada Regional Haze Plan 5-
Year Progress Report'' (``Progress Report''). The Progress Report meets
the requirements of the Regional Haze Rule in 40 CFR 51.308.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
67 FR 6133, Feb. 8, 2002; 69 FR 54019, Sept. 7, 2004; 77 FR 17341, Mar.
26, 2012; 77 FR 50951, Aug. 23, 2012; 78 FR 53037, Aug. 28, 2013; 82 FR
3129, Jan. 10, 2017; 82 FR 37025, Aug. 8, 2017; 82 FR 48770, Oct. 20,
2017; 83 FR 54054, Oct. 26, 2018]
Sec. 52.1489 Particulate matter (PM-10) Group II SIP commitments.
(a) On March 29, 1989, the Air Quality Officer for the State of
Nevada submitted a revision to the State Implementation Plan for Battle
Mountain that contains commitments, for implementing all of the required
activities including monitoring, reporting, emission inventory, and
other tasks that may be necessary to satisfy the requirements of the PM-
10 Group II SIPs.
(b) The Nevada Division of Environmental Protection has committed to
comply with the PM-10 Group II, State Implementation Plan (SIP)
requirements.
[55 FR 18111, May 1, 1990]
Sec. 52.1490 Original identification of plan.
(a) This section identified the original ``Air Quality
Implementation Plan for the State of Nevada'' and all revisions
submitted by the State of Nevada that were federally approved prior to
September 28, 2010.
(b) The plan was officially submitted on January 28, 1972.
(1) Previously approved on May 31, 1972 and now deleted without
replacement Rules 2.8 and 2.11.
(2) Previously approved on May 31, 1972 in paragraph (b) and now
deleted without replacement: Articles 2.10.1, 2.10.1.1, 3.3.4, 4.3.4,
and Section 13, Nos. 15 and 19 of Senate Bill No. 275.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Errata sheet to the plan was submitted on April 26, 1972, by the
Division of Health.
(2) Washoe County regulations submitted on June 12, 1972, by the
Governor.
(i) Previously approved on July 27, 1972 in paragraph (c)(2) of this
section and now deleted from the SIP without replacement Washoe County
Air Quality Regulations: Rules 020.020, 020.030, 020.075, and 040.055.
(3) Compliance schedules submitted on July 14, 1972, by the
Governor.
(4) Legal opinions concerning the plan submitted on November 17,
1972, by the Office of the Attorney General.
(5) Amended Clark County regulations submitted on January 19, 1973,
by the Governor.
(i) Previously approved on May 14, 1973 in paragraph (c)(5) of this
section and now deleted without replacement: Section 15 (Prohibition of
Nuisance
[[Page 480]]
Conditions) and Section 29 (Odors in the Ambient Air).
(6) Amendments to the Nevada Air Quality Regulations NAQR to
regulate construction of complex sources (Article 13) submitted on April
1, 1974, by the Governor.
(7) Amendments to the NAQR to regulate sulfur emissions from
nonferrous smelters; (Article 8.1); to regulate and monitor visible
emissions from stationary sources (Article 4); and to allow
supplementary control systems (Article 14); submitted on June 14, 1974,
by the Governor.
(i) Previously approved on February 6, 1975 in paragraph (7) and now
deleted without replacement: Article 8.1.
(8) Amendments to the NAQR to regulate open burning (Article 5.2.3
and 5.2.4), and to regulate the construction of complex sources (Article
13), submitted on November 12, 1974, by the Governor.
(9) Administrative procedures for the review of complex sources
submitted on December 11, 1974, by the Governor's representative.
(10) Amendments to the Nevada Revised Statutes (NRS) (1975
Legislative Session) on motor vehicle inspection and testing (NRS
445.640, 445.700, 482.640 and 169.125), public availability of emission
data (NRS 445.576), organization (NRC 445.481 and 481.----). (Section 1
of 1975 Assembly Bill 326), stack testing (NRS 445.447), and alleged
violations (NRS 445.526) submitted on September 10, 1975 by the
Governor.
(11) Amendments to the NAQR, as amended through September 18, 1975,
submitted on October 31, 1975, by the Governor, as follows:
Article 1--Definitions: 1.6-1.13, 1.15-1.33, 1.35-1.69;
Article 2--General Provisions: 2.4.1-2.4.4, 2.5.1, 2.5.2, 2.5.4,
2.6.1-2.6.4, 2.7.1, 2.8.1, 2.8.4, 2.8.5.1, 2.9.1-2.9.3, 2.9.5-2.9.7,
2.10.1.2, 2.10.2-2.10.4, 2.11.4.2;
Article 3--Registration Certificates and Operating Permits: 3.1.3,
3.1.5, 3.1.6, 3.1.8a & d-i, 3.1.9, 3.2.2-3.2.6, 3.3.2, 3.3.5, 3.4.1,
3.4.6-3.4.14;
Article 4--Visible Emissions From Stationary Sources: 4.1, 4.2,
4.3.5, 4.4-4.4.2;
Article 5--Open Burning: 5.2.3, 5.2.4;
Article 6--Incinerator Burning: 6.3-6.6.2;
Article 7--Particulate Matter: 7.1.3, 7.2.1-7.2.3, 7.3.1-7.3.3;
Article 8--Sulfur Emissions: 8.1.1, 8.1.2, 8.1.4, 8.2.2.1, 8.3-8.4;
Article 9--Organic Solvent, Other Volatile Compounds: 9.1, 9.2-
9.2.1.1, 9.2.2, 9.2.3;
Article 10--Odors: 10.2.1.1, 10.2.1.2;
Article 11--Mobile Equipment: 11.3-11.7.1, 11.7.4-11.7.5, 11.10,
11.10.1, 11.11-11.14.17.
(i) Previously approved on January 9, 1978 in paragraph (11) and now
deleted without replacement: Articles 2.10.1.2, 2.10.2, 2.10.3, 8.1.1,
8.1.2, and 8.1.4.
(12) Amendments to miscellaneous Nevada air quality control
regulations and to other sections of the State plan submitted on
December 10, 1976, by the Governor, as follows:
Article 1--Definitions: 1.1-1.213;
Article 2--General Provisions: 2.5.3, 2.6.2-2.6.9, 2.7.1-2.7.4,
2.8.5.2, 2.16, 2.17;
Article 3--Registration Certificates and Operating Permits, 3.1.9.1,
3.2.1;
Article 7--Particulate Matter: 7.2.4;
Article 8--Sulfur Emissions: 8.2.2-8.2.4;
Article 11--Mobile Equipment: 11.7.6, 11.8, 11.9, 11.10.2;
Section 3--Air quality data: 3.2;
Section 4--Emissions summary: 4.2;
Section 5--Control strategy: 5.1, table 5.1, table 5.2;
Section 10--Air quality surveillance network: Monitoring network
table, sampling sites modification table.
(i) Previously approved on August 21, 1978 in paragraph (12) and now
deleted without replacement: Article 2.7.4.
(13) Amendments to the NAQR and the control strategy submitted on
October 7, 1976, by the Governor.
(i) Article 7--Particulate Matter: 7.2.7; Table 4.2--Emissions
Inventory Summary for Particulates.
Table 5.2--Summary of Control Strategy Analysis for Particulates.
(14) The following amendments to the plan were submitted on December
29, 1978, by the Governor.
(i) Nevada State Emergency Episode Plan Sections: 6.1.4, 6.1.5,
6.5.2.2; Tables: 6.1, 6.2 (Stages 1, 2, and 3), 6.3; Air Pollution
Episode Notice; Episode Communication Checklist.
(ii) Nevada Revised Statutes Policy Declarations; Definitions:
445.401, 445.406, 445.411, 445.416, 445.421, 445.424, 445.427,
445.431, 445.441, 445.446; State Environmental Commission: 445.451,
445.456, 445.461, 445.466, 445.471, 445.472, 445.473, 445.474, 445.476;
Local Hearing Boards: 445.486; Enforcement Provisions: 445.491, 445.496,
445.497, 445.498, 445.499, 445.501; Variances: 445.506, 445.511,
445.516, 445.521; Hearings, Orders Respecting Violations: 445.529; Local
Air Pollution Control Programs: 445.546, 445.551,
[[Page 481]]
445.556, 445.561, 445.566; Miscellaneous Provisions: 445.571, 445.581,
445.586, 445.596, 445.598; Penalties: 445.601; Deletions: Senate Bill
275, Sections 8.5, 17(1-4, 6, 7), 27, 38.
(A) Previously approved on July 10, 1980 and now deleted without
replacement Statutes 445.506, 445.511, 445.516, and 445.521.
(iii) Nonattainment area plans for Mason Valley/Fernley Area, Lander
County, Carson Desert, Winnemucca Segment, Truckee Meadows, and Las
Vegas Valley.
(iv) Nevada Revised Statutes, Engine Emission Controls:
445.610, 445.620, 445.625, 445.630, 445.640, 445.650, 445.660,
445.670, 445.680, 445.690, 445.700, 445.705, and 445.710.
(v) Nevada Air Quality Regulations for Mobile Equipment:
Article 1--Sections 1.1 to 1.38; Article 2--Sections 2.1 to 2.2;
Article 3--Sections 3.1 to 3.14.6; and Article 4--Sections 4.1 to 4.20.
(vi) Nevada Revised Statute 445.493, Limitations on Enforcement of
Regulations as to Indirect Sources and Authority to Review New Indirect
Sources.
(vii) Amendments to the Nevada Air Quality Regulations:
Article 1, Rules 1.44, 1.53, 1.60, 1.98.1; Article 2, Rules 2.2.2,
2.11.7, 2.17.3.2 a/b, 2.17.4, 2.17.4.1, 2.17.9.8, 2.17.10, 2.17.10.1;
Article 3, Rules 3.1.1, 3.1.2, 3.1.3, 3.4.11; Article 4, Rule 4.3.[6]4;
Article 5, Rule 5.2.4; Article 6, Rule 6.3; Article 7 Rules 7.1.[3]2,
7.3.3; Article 8, Rules 8.2.1.1, 8.2.1.2, 8.2.2, and Article 12, Rule
12.1.
(A) Previously approved on August 27, 1981 in paragraph (c)(14)(vii)
of this section and now deleted from the SIP without replacement Nevada
Air Quality Regulations: Rule 2.11.7.
(viii) Amendments to the Nevada Air Quality Regulations:
Article 1; Article 7, Rules 7.2.8.1--7.2.8.3; Article 16, Rules
16.3.1.2--16.3.3 and Rules 16.15.1--16.15.4.
(ix) Previously approved on June 18, 1982 in paragraph (14)(viii)
and now deleted without replacement: Article 16: Rules 16.3.1.2, 16.3.2,
16.3.2.1, 16.3.2.2, 16.15, 16.15.1, 16.15.1.1, 16.15.1.2, 16.15.2,
16.15.2.1, 16.15.2.2, 16.15.3, 16.15.3.1, 16.15.3.2, and 16.15.4.
(x) Previously approved on June 18, 1982 in paragraph (c)(14)(viii)
of this section and now deleted without replacement: Article 16: Rules
16.3.3.1.
(xi) Previously approved on July 10, 1980 in paragraph (14)(ii) and
now deleted without replacement: Nevada Revised Statutes (NRS) sections:
445.401, 445.466, and 445.497.
(15) Redesignation of the Clark-Mohave Interstate AQCR submitted on
March 23, 1979, by the Governor.
(16) The following amendments to the plan were submitted on July 24,
1979, by the Governor.
(i) Amendments to the Nevada Air Quality Regulations:
Article I--Definition: No. 2--LAER.
(ii) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations:
Section 15--Source Registration, 15.1, 15.2, 15.3, 15.4, 15.5, 15.6,
15.7, 15.8, 15.9, 15.10, 15.11, and 15.12; Section 50--Storage of
Petroleum Products; Section 51--Petroleum Product Loading into Tank
Trucks, and Trailers; and Section 52--Handling of Gasoline at Service
Stations, Airports and Storage Tanks.
(iii) Amendments to the Washoe County District Board of Health Air
Pollution Control Regulations:
Definitions, Sections 010.011, 010.014, 010.028, 010.057, 010.059,
010.071, 010.072, 010.091, 010.106, 010.107B, 010.108, 010.116, 010.117,
010.136, 010.148, 010.149, 010.151, 010.166, 010.197, and 010.1751;
Source Registration and Operation, Sections 030.000, 030.005, 030.010,
030.015, 030.025, 030.030, 030.110, 030.115 (1 and 5)B, 030.120,
030.1201, 030.205, 030.210, 030.215, 030.245, and 030.250; Section
040.070--Storage of Petroleum Products; Section 040.075--Gasoline
Loading into Tank Trucks and Trailers; Section 040.080--Gasoline
unloading from Tank Trucks and Trailers into Storage Tanks; Section
040.085--Organic Solvents; and Section 040.090--Cut-Back Asphalt.
(iv) Paving schedules for the following Nonattainment Area Plans:
Mason Valley/Fernley Area, Carson Desert, Winnemucca Segment, and Lander
County.
(v) Amendments to the Las Vegas Valley Nonattainment Area Plan: Two
memoranda of understanding between Clark County, the Health District,
and the Transportation Policy Committee.
(vi) Nevada Revised Statutes, Engine Emission Control: 445.632,
445.634, 445.635, and 445.644.
(vii) Lake Tahoe Basin Nonattainment Area Plan.
[[Page 482]]
(viii) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations:
Section 2, Rules 2.1, 2.2, 2.3; Section 3, Rule 3.1; Section 4,
Rules 4.1--4.11; Section 5, Rule 5.1; Section 6, Rule 6.1; Section 7,
Rules 7.1--7.19; Section 8, Rules 8.1, 8.2, 8.7 (deletion); Section 9,
Rules 9.1--9.3; Section 10; Section 16, Rules 16.1,--16.5, 16.6
(Operating Permits), 16.6 (Emission of Visible Air Contaminants)
(deletion), 16.7--16.9; Section 17, Rules 17.1--17.8; Section 18, Rules
18.1--18.12; Section 23, Rules 23.1--23.5; Section 24, Rules 24.1--24.5;
Section 25, Rules 25.1, 25.2, 25.4 (deletion); Section 26, Rules 26.1--
26.3; Section 27, Rules 27.1, 27.2, 27.3, 27.4; Section 28, Rules 28.1,
28.2; Section 29; Section 30, Rules 30.1--30.7; Section 31; Section 32,
Rules 32.1, 32.2; Section 40, Rule 40.1; Section 41, Rules 41.1--41.4;
Section 42, Rules 42.1--42.4; Section 43, Rule 43.1; Section 70, Rules
70.1--70.6; Sections 80, and 81.
(A) Previously approved on August 27, 1981 and now deleted without
replacement Section 9, Rules 9.2 to 9.3.
(B) Previously approved on August 27, 1981 at (c)(16)(viii) and now
deleted Section 17, Rules 17.1-17.8.
(C) Previously approved on August 27, 1981 in paragraph
(c)(16)(viii) of this section and now deleted without replacement:
Section 40, Rule 40.1 (Prohibition of Nuisance Conditions); Section 42,
Rule 42.2 (open burning); and Section 43, Rule 43.1 (Odors in the
Ambient Air).
(D) Previously approved on August 27, 1981 in paragraph
(c)(16)(viii) of this section and now deleted from the SIP without
replacement Nevada Air Quality Regulations: Clark County District Board
of Health Air Pollution Control Regulations: Section 3, Rule 3.1.
(viii) Repeal and removal of all references to Indirect (Complex)
Sources in the following rules or portions of rules in the Nevada Air
Quality Regulations.
Article 1--Definitions: 1.12, 1.95, 1.147(b), and 1.202. Article 2--
Registration Certificates and Operating Permits: 3.1.9, 3.2.1, 3.2.2,
and 3.2.5. Article 13--Point Sources: 13.1.1, 13.1.2, 13.2, and 13.2.1
to 13.5.3.
(ix) Amendments to the Washoe County District Board of Health Air
Pollution Control Regulations:
Sections 020.055, 030.300, 030.305, 030.310, 030.3101-030.3105,
030.3107, and 030.3108 and the following deletions: 010.115, 050.005,
050.010, 050.015, 050.020, 050.025, 050.030, and 050.035.
(A) Previously approved on August 27, 1981 in paragraph (c)(16)(ix)
of this section and now deleted from the SIP without replacement Washoe
County Air Quality Regulations: Rules 030.3105, 030.3107, and 030.3108.
(x) Amendments to the Nevada Air Quality Regulations: Article 12,
Lead (Pb).
(17) The following amendments to the plan were submitted on
September 18, 1979, by the Governor.
(i) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations:
Section 1--Definitions (except 1.14, 1.15, 1.79, and 1.94); Section
15.14--Source Registration Requirements for Areas Exceeding Air Quality
Standards; and Section 60--Evaporation and Leakage.
(ii) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations:
Section 1, Rules 1.79, 1.94; Section 11, Rules 11.1, 11.1.1-11.1.8,
11.2, 11.2.1-11.2.3, 11.3, 11.3.1, 11.3.2, 11.4, and Section 13, Rule
13.5 (deletion).
(A) Previously approved on August 27, 1981 in paragraph (c)(17)(ii)
of this section and now deleted without replacement: Section 1, Rules
1.79, 1.94.
(18) Amendments to the Nevada Air Quality Regulations submitted on
March 17, 1980, by the Governor.
(i) Article 13.1.3--Point Sources and Registration Certificates.
(A) Previously approved on April 14, 1981 in paragraph (c)(18)(i) of
this section and now deleted without replacement: Nevada Air Quality
Regulations (NAQR) article 13.1.3(3).
(19) The following amendments to the plan were submitted on June 24,
1980, by the Governor.
(i) Section 10--State of Nevada Ambient Air Quality Monitoring and
Surveillance.
(ii) Amendment to the Nevada Air Quality Regulations: Article 4,
Rule 4.3.6.
(iii) Clark County, Nevada Lead SIP.
(20) The following amendment to the plan was submitted on August 19,
1980 by the Governor.
(i) Request for Extension of the Carbon Monoxide Attainment Date for
the Truckee Meadows Nonattainment Area.
[[Page 483]]
(21) The following amendments to the plan were submitted on October
13, 1980, by the Governor.
(i) Amendments to the Nevada Revised Statutes: 704.820 through
704.900 (Utility Environmental Protection Act).
(ii) Rule 25, of General Order No. 3, Nevada Public Service
Commission.
(22) The following amendments to the plan were submitted on November
5, 1980, by the Governor.
(i) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations: Section 4, Rules 4.12, 4.12.1-4.12.3.
(ii) Amendments to the Nevada Air Quality Regulations: Article 7,
Rules 7.2.5, 7.2.5.1, 7.2.9; and Article 8, Rule 8.3.4.
(iii) Previously approved on June 18, 1982 in paragraph (22)(ii) and
now deleted without replacement: Articles 7.2.5, 7.2.9, and 8.3.4.
(23) The following amendments to the plan were submitted on March 4,
1981, by the Governor:
(i) Las Vegas Valley Air Quality Implementation Plan (excluding
Clark County Air Pollution Control Regulations).
(24) The following amendments to the plan were submitted on November
17, 1981 by the Governor.
(i) Amendments to the Nevada Air Quality Regulations: Article 14.1.
(ii) Resolution of the Washoe Council of Governments adopted August
28, 1981 and Endorsement of the State Environmental Commission dated
October 15, 1981.
(iii) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations:
Section 1--Definitions 1.7, 1.13, 1.14, 1.15, 1.32, 1.48, 1.50,
1.52, 1.57, 1.67, 1.72, 1.90 and the addition of the following
unnumbered definitions: ``Emission Unit,'' ``Criteria Pollutant,''
``Non-Criteria Pollutant,'' ``Baseline Area,'' ``Begin Actual
Construction,'' ``Building, Structure, Facility, or Installation,''
``Particulate Precursor,'' ``Secondary Emissions,'' and ``Significant.''
Section 15--Source Registration, 15.1, 15.1.1, 15.1.2, 15.1.3,
15.1.4, 15.1.5, 15.1.6, 15.1.7, 15.1.8, 15.2; 15.2.1, 15.2.2, 15.3,
15.4, 15.5; Preconstruction Review for New and Modified Sources, 15.6,
15.6.1, 15.6.1.1, 15.6.1.2 (deleted), 15.6.1.6, 15.6.2, 15.6.2.1
(deleted), 15.6.2.2, 15.6.2.3, 15.6.2.4, 15.6.2.5, 15.6.3, 15.6.3.1,
15.6.3.2 to 15.6.3.5 (added), 15.6.6, 15.7, 15.8, 15.9, 15.10, 15.10.1,
15.10.2, 15.10.3, 15.10.4, 15.11, 15.12; Prevention of Significant
Deterioration, 15.13 (added); Preconstruction Review Requirements for
New or Modified Sources in Areas Exceeding Air Quality Standards
(``Offset'' Rules), 15.14.1, 15.14.1.2, 15.14.1.3 (added), 15.14.3.1,
15.14.3.2, 15.14.4, 15.14.4.1, 15.14.4.3, 15.14.3.3 (added), 15.14.4.3.4
(added), 15.14.4.3.5 (added) and, 15.14.4.4 (deleted).
(iv) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations:
Section 4, Rule 4.7.3; Section 7; Section 9, Rules 9.1; Section 16;
Section 17, Rules 17.2.1 and 17.6.1; Section 18, Rules 18.1--18.5.2;
Section 23, Rules 23.2.1--23.3.1.2 and Rules 23.3.4--23.3.5; Section 27;
Section 30, Rules 30.4 and 30.8; Section 52, Rules 52.4.2.3 and 52.7.2;
and Section 60, Rules 60.4.3.
(A) Previously approved on June 18, 1982 and now deleted without
replacement Section 7, Rules 7.1 to 7.19 and Section 9, Rule 9.1.
(B) Previously approved on June 18, 1982 at (c)(24)(iv) and now
deleted Section 17, Rules 17.2.1 and 17.6.1.
(v) Nevada State Lead SIP Revision submitted by the State on
November 5, 1981.
(vi) Amendment to the Clark County District Board of Health Air
Pollution Control Regulations: Section 60, Rule 60.4.2.
(25) The following amendments to the plan were submitted on October
26, 1982, by the Governor.
(i) Amendments of Chapter 445 of the Nevada Administrative Code.
(A) New or amended sections 445.430-445.437, 445.439-445.447,
445.451, 445.453-445.472, 445.474-445.477, 445.480-445.504, 445.509-
445.519, 445.522-445.537, 445.539, 445.542-445.544, 445.546-445.549,
445.551, 445.552, 445.554-445.568, 445.570, 445.572-445.587, 445.589-
445.605, 445.608-445.612, 445.614-445.622, 445.624, 445.626, 445.627,
445.629-445.655, 445.660, 445.662-445.667, 445.682, 445.685-445.700,
445.704-445.707, 445.712-445.716, 445.721, 445.723, 445.729-445.732,
445.734, 445.742, 445.743, 445.746, 445.753, 445.754, 445.764, 445.844,
and 445.845.
(ii) Previously approved on March 27, 1984, in paragraph (25)(i)(A)
and now deleted without replacement: Nevada Administrative Code (NAC)
sections: 445.447, 445.554, 445.596, 445.662, 445.695, 445.698, 445.700,
and 445.844.
(iii) Previously approved on March 27, 1984, in paragraph (25)(i)(A)
and now deleted without replacement: Nevada Administrative Code (NAC)
sections:
[[Page 484]]
445.440, 445.442-445.443, 445.446, 445.451, 445.453-445.456, 445.459-
445.463, 445.465-445.469, 445.474-445.476, 445.481, 445.483-445.485,
445.487, 445.489-445.491, 445.493-445.498, 445.502-445.503, 445.509-
445.511, 445.514-445.515, 445.518-445.519, 445.522-445.524, 445.526-
445.532, 445.534, 445.539, 445.543-445.544, 445.546, 445.547, 445.551,
445.566-445.568, 445.572-445.573, 445.576-445.580, 445.582-445.583,
445.586-445.587, 445.591, 445.593-445.595, 445.598, 445.600, 445.602-
445.605, 445.608-445.611, 445.614-445.616, 445.619-445.620, 445.626,
445.629, 445.631-445.632, 445.634-445.646, 445.648, 445.652, 445.654,
and 445.723.
(iv) Previously approved on March 27, 1984 in paragraph
(c)(25)(i)(A) of this section and now deleted without replacement:
Nevada Administrative Code (NAC) section: 445.535.
(v) Previously approved on March 27, 1984, in paragraph
(c)(25)(i)(A) of this section and now deleted without replacement:
Nevada Administrative Code (NAC) section: 445.655.
(vi) Previously approved on March 27, 1984, in paragraph
(c)(25)(i)(A) of this section and now deleted without replacement:
Nevada Administrative Code (NAC) section 445.706(2).
(26) The following amendments to the plan were submitted on
September 14, 1983 by the Governor.
(i) Amendments to Chapter 445 of the Nevada Administrative Code.
(A) New or amended Sections 445.732, 445.808 (paragraphs (1), (2)(a-
c), and (3)-(5)), 445.815 (paragraphs (1), (2)(a)(1 and 2), and (3)-
(5)), 445.816 (paragraphs (1), (2)(a-i), and (3)-(5)), 445.843, and
445.846 (paragraphs (1), (3), and (4)).
(B) Previously approved on March 27, 1984, in paragraph (26)(i)(A)
and now deleted without replacement: Nevada Administrative Code (NAC)
sections 445.815 (paragraphs (1), (2)(a)(1)-(2), and (3)-(5)) and
445.816 (paragraph (2)(a)-(c) and (e)-(i)).
(ii) The Truckee Meadows Air Quality Implementation Plan 1982 Update
except for the attainment and RFP demonstrations and Legally Enforceable
Measures portions of the plan.
(iii) Amendments related to Nevada's inspection and maintenance (I/
M) program.
(A) State legislation (AB 677) which defers the start-up of the
annual I/M program from July 1, 1983 to October 1, 1983.
(B) An I/M public education plan.
(C) Revisions to the Engine Emission Control Regulations (Nevada
Administrative Code 455.851 to 445.945).
(27) The following amendments to the plan were submitted on December
9, 1982, by the State:
(i) Emission reduction estimates and/or changes in vehicular
activity for the adopted control measures.
(ii) A modeling analysis indicating 1982 attainment.
(iii) Documentation of the modeling analysis including air quality,
traffic and meteorological data:
(iv) Evidence of implementation and/or future commitments for the
adopted control measures.
(v) Appendix of previous reports, measured data and other official
correspondence including:
(A) Resource commitments from the responsible agencies for
implementing the RFP,
(B) 1979 and 1980 Annual Reports for the Lake Tahoe Air Basin, and
(C) 1981 Nevada Air Quality Report.
(28) The following amendments to the plan were submitted on December
16, 1982 by the State:
(i) Additional evidence of commitment to the control evidence by the
responsible state and/or local agencies,
(ii) Additional supporting documentation for the 1982 attainment
modeling analysis which included revised technical data on measured and
modeled CO traffic volumes, and a revised narrative on the calibration
constant and the impacts to the model.
(29) The following amendments to the plan were submitted on January
28, 1983 by the State:
(i) Response to EPA's preliminary evaluation, specifying
documentation for calibrating the model, the mobile source emission
factors, and additional traffic data.
(ii) Conversion factors for the model.
(iii) A revised 1982 attainment modeling analysis and supporting
documentation including:
(A) 1979, 1980-82 traffic data for the Stateline Area, (Appendix A);
(B) Stateline Cold Start/Hot Start Analysis, (Appendix B);
[[Page 485]]
(C) Portions of the Highway 50 Corridor Study, June 1979 (Appendix
C);
(D) Reference from Transportation and Traffic Engineering Handbook,
(1979), (Appendix D); and
(E) Revised Caline 3 and Mobile 2 modeling analysis using both 27%
and 50% cold start factors, (Appendix E).
(30) The following amendments to the plan were submitted on May 5,
1983 by the State:
(i) ``Stateline, Nevada, 1983 Carbon Monoxide Study''--a traffic,
ambient air monitoring and predictive modeling report, and
(ii) A revised analysis of the Caline 3 model verifying 1982
attainment, based on data collected in February and March 1983.
(31) The following amendments to the plan were submitted on May 30,
1984, by the Governor.
(i) Washoe County, Nevada Lead SIP Revision.
(32) The Las Vegas Valley 1982 Air Quality Implementation Plan
(AQIP) Update for carbon monoxide submitted by the Governor on June 23,
1982.
(33) On January 11, 1985, the following amendments to the plan were
submitted by the State.
(i) Incorporation by reference.
(A) Las Vegas Valley Air Quality Implementation Plan, Post 1982
Update for Ozone adopted on October 16, 1984 (including section 33
(Chlorine in Chemical Processes)), adopted May 18, 1984).
(ii) Additional material.
(A) Emissions Inventory for 1995, transmitted by a letter dated
March 14, 1986.
(34) Program elements were submitted on June 28, 1994 by the
Governor's designee.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on June 28, 1994.
(35) Program elements were submitted on July 5, 1995 by the
Governor's designee.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on July 5, 1995.
(36)-(37) [Reserved]
(38) On August 7, 1998, regulations for the following Health
District were submitted by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Health District.
(1) Section 53 adopted on September 25, 1997.
(39) The following plan was submitted on February 14, 1995, by the
Governor's designee.
(i) Incorporation by reference.
(A) Redesignation Request and Maintenance Plan for the National
Sulfur Dioxide Standard--Central Steptoe Valley, adopted by Nevada
Division of Environmental Protection on February 14, 1995.
(40) The following plan supplement was submitted on February 27,
2002, by the Governor's designee.
(i) Incorporation by reference.
(A) Supplement to the Maintenance Plan for the National Sulfur
Dioxide Standard--Central Steptoe Valley (Letter from Allen Biaggi,
Administrator, Nevada Division of Environmental Protection, to Wayne
Nastri, Regional Administrator, EPA Region IX, dated February 27, 2002).
(41) Regulations for the following agencies were submitted on
November 19, 2002 by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Air Quality Management Board.
(1) Clark County Building Code, section 3708, adopted on November
20, 1990.
(2) City of Las Vegas Building Code, section 3708, adopted on
November 21, 1990.
(3) City of North Las Vegas Building Code, section 13.16.150,
adopted on September 18, 1991.
(4) City of Henderson Building Code, section 15.40.010, adopted on
October 15, 1996.
(42) The following plan was submitted on July 23, 2001, by the
Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) PM-10 State Implementation Plan for Clark County including:
Chapter 3, Chapter 4 (excluding pages 4-125 and 4-126), Chapters 5
through 7, Appendices A through E, Appendix G (excluding pages 90-1
through 90-10, 91-1 through 91-9, 92-1 through 92-7, 93-1 through 93-
[[Page 486]]
8, and the following paragraphs of pages 0-1 through 0-46: 0.1-0.24,
0.26-0.32, 0.34, 0.35, 0.38-0.42, 0.44, 0.49, 0.50, 0.52-0.57, 0.59-
0.64, 0.66-0.69, 0.71-0.80, 0.82, 0.83, 0.85-0.109, 0.112, 0.113, 0.115,
0.116, 0.118, 0.119, 0.121-0.126, 0.128-0.131, 0.134-0.139, 0.142-0.146,
0.148-0.161, 0.163, 0.165, and 0.167-0.172), Appendix J, and Appendices
L through N adopted on June 19, 2001.
(43) The following regulations were submitted on October 24, 2002,
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) Sections 90, 91, 92 and 93 adopted on November 20, 2001.
(44) The following plan amendments were submitted on November 19,
2002, by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) Pages 4-125 and 4-126 and Appendix R adopted on November 19,
2002.
(45) The following plan was submitted on October 27, 2003, by the
Governor's designee.
(i) Incorporation by reference.
(A) Carbon Monoxide Redesignation Request and Limited Maintenance
Plan for the Nevada Side of the Lake Tahoe Basin, dated October 2003,
adopted by the State Environmental Commission on September 18, 2003.
(1) Attainment year (2001) emissions inventory, monitoring network
and verification of continued attainment, and contingency plan,
including commitments to follow maintenance plan contingency procedures
by the Nevada Division of Environmental Protection, the Tahoe
Metropolitan Planning Organization, the Nevada Department of
Transportation, and the Washoe County District Health Department.
(B) Letter of October 27, 2003, from the Nevada Division of
Environmental Protection, transmitting the redesignation request and
maintenance plan for the Lake Tahoe Nevada CO nonattainment area and
including a State commitment to track CO concentrations and to adopt,
submit as a SIP revision, and implement expeditiously any and all
measures to achieve the level of CO emissions reductions needed to
maintain the CO NAAQS in the event that an exceedance of the CO NAAQS is
monitored, and to work with the involved jurisdictions to ensure that
sufficient measures are adopted and implemented in a timely fashion to
prevent a violation.
(C) Additional material--Addendum to the October 27, 2003 letter of
transmittal of the redesignation request and maintenance plan: emissions
projections for on-road motor vehicles through 2016.
(46) The following plan revision was submitted on March 20, 1996, by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) State of Nevada State Implementation Plan for an Enhanced
Program for the Inspection and Maintenance of Motor Vehicles for Las
Vegas Valley and Boulder City, Nevada, revised March 1996, transmitted
by letter dated March 20, 1996, including the cover page through page
15, appendix 1 (only the Nevada attorney general's opinion and
memorandum dated November 15, 1993 and June 29, 1994, respectively), and
appendices 2 through 9.
(47) The following plan revision was submitted on August 9, 2000, by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) Carbon Monoxide State Implementation Plan, Las Vegas Valley
Nonattainment Area, Clark County, Nevada, August 2000, adopted on August
1, 2000, including the following sections within which certain
exceptions are noted but excluding all sections not specifically cited:
chapters 1 through 8 (with the exception of chapter 7, subsection 7.2.2,
``Contingency Measures''); appendix A, ``Emissions Inventory'', sections
1 through 7, and section 8-- ``Annexes'' (with the exception of appendix
E, ``Quality Assurance/Quality Control''); appendix B, ``Transportation
Documentation'', section 1; appendix D, ``Regulations, Policies and
Public Participation Documentation'', section 1-- ``Cleaner Burning
Gasoline (CBG) Regulations and Supporting Documentation'' (with the
exception of District Board of Health of Clark County
[[Page 487]]
Air Pollution Control Regulations section 54 as adopted on April 22,
1999), section 2, section 3, section 4--``Nevada Administrative Code,
Chapter 445B: Technician Training and Licensing'' (with the exception of
NAC 445B.485-445B.487, 445B.489-445B.493, and 445B.495-445B.498), and
sections 5 through 9; and appendix E, ``Supplemental Technical Support
Documentation'', sections 1 through 4, and 7.
(48) The following plan revision was submitted on January 30, 2002
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended regulations implementing Nevada's vehicle
inspection and maintenance program in Las Vegas Valley and Boulder City:
Nevada Administrative Code, chapter 445B, sections 445B.400-445B.774
(i.e., ``Emissions from Engines''), including the sections under the
subheadings ``General Provisions,'' ``Facilities for Inspection and
Maintenance,'' ``Inspectors,'' ``Exhaust Gas Analyzers,'' ``Control of
Emissions: Generally'' [excluding sections 445B.576-445B.578, and
excluding section 445B.594 (``Inspections required in Washoe County'')],
``Restored Vehicles,'' ``Miscellaneous Provisions,'' but excluding the
sections under the subheading ``Control of Emissions: Heavy-Duty Motor
Vehicles'' (i.e., sections 445B.737-445B.774), codification as of
February 2002 by the Legislative Counsel Bureau.
(2) Previously approved on September 21, 2004, in paragraph
(c)(48)(i)(A)(1) of this section and now deleted from the SIP without
replacement: Nevada Administrative Code (NAC) sections: 445B.461(3)(d)
and 445B.595(2)(d).
(ii) Additional material.
(A) Nevada Division of Environmental Protection.
(1) NV2000 Analyzer Electronic Data Transmission Equipment
Specifications (June 15, 2000), revision 5, November 8, 2000.
(49) The following plan revisions were submitted on June 4, 2002 by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended statutes related to Nevada's vehicle inspection
and maintenance program in Las Vegas Valley and Boulder City, as amended
through the 2001 Legislative sessions: Nevada Revised Statutes, title
40, chapter 445B, sections 445B.210, 445B.700, 445B.705, 445B.710,
445B.715, 445B.720, 445B.725, 445B.730, 445B.735, 445B.740, 445B.745,
445B.750, 445B.755, 445B.758, 445B.760, 445B.765, 445B.770, 445B.775-
445B.778, 445B.780, 445B.785, 445B.790, 445B.795, 445B.798, 445B.800,
445B.805, 445B.810, 445B.815, 445B.820, 445B.825, 445B.830, 445B.832,
445B.834, 445B.835, 445B.840, and 445B.845, and title 43, chapter 482,
section 482.461, transmitted by letter dated June 4, 2002.
(2) New regulation establishing the State's low Reid Vapor Pressure
wintertime requirement for gasoline sold in Clark County: Nevada
Administrative Code, chapter 590, section 590.065 as adopted on October
28, 1998 (made effective December 14, 1998) by the State Board of
Agriculture.
(3) Regulation R017-02, adopted on March 8, 2002 by the Nevada State
Environmental Commission: New or amended rules in Chapter 445B of the
Nevada Administrative Code removing the limitation on applicability of,
and removing the restrictive trigger for effectuating the implementation
of, the on-board diagnostics systems test for Nevada's vehicle
inspection and maintenance program.
(ii) Additional material.
(A) Nevada Division of Environmental Protection.
(1) Contract between Nevada Department of Motor Vehicles and MD
LaserTech for on-road testing services, dated January 15, 2002.
(50) The following plan revision was submitted on September 9, 2003
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended statutes related to Nevada's vehicle inspection
and maintenance program in Las Vegas Valley and Boulder City, as amended
through the 2001 Legislative sessions: Nevada Revised Statutes, title
43, chapter 481, sections 481.019, 481.023, 481.027, 481.031, 481.035,
481.043, 481.047,
[[Page 488]]
481.0473, 481.0475, 481.0477, 481.048, 481.0481, 481.051, 481.052,
481.055, 481.057, 481.063, 481.065, 481.079, 481.081, 481.082, 481.083,
481.085, and 481.087; title 43, chapter 482, sections 482.155, 482.160,
482.162, 482.165, 482.170, 482.171, 482.173, 482.175, 482.180, 482.1805,
482.181, 482.183, 482.186-482.188, 482.205, 482.206, 482.208, 482.210,
482.215, 482.216, 482.220, 482.225, 482.230, 482.235, 482.240, 482.245,
482.255, 482.260, 482.265-482.268, 482.270, 482.2703, 482.2705, 482.271,
482.2715, 482.2717, 482.272, 482.274, 482.275, 482.280, 482.2805,
482.2807, 482.281, 482.283, 482.285, 482.290, 482.385, and 482.565; and
title 43, chapter 484, sections 484.644 and 484.6441, transmitted by
letter dated September 9, 2003.
(51) The following plan revision was submitted on September 24, 2003
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) Regulation R178-01, adopted on July 11, 2002 by the Nevada
Department of Motor Vehicles (and made effective August 21, 2002): New
or amended rules in Chapter 445B of the Nevada Administrative Code
establishing on-board diagnostics systems test procedures for Nevada's
vehicle inspection and maintenance program.
(52) The following plan revision was submitted on November 10, 2003
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) New or amended Section 53--Oxygenated Gasoline Program, and
Section 54--Cleaner Burning Gasoline (CBG): Wintertime Program, adopted
on May 20, 2003 (made effective June 3, 2003).
(53) The following plan revision was submitted on October 23, 2003,
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) New or amended rules adopted on October 7, 2003 by the Clark
County Board of County Commissioners: Clark County Air Quality
Regulations section 0 (Definitions), section 11 (Ambient Air Quality
Standards), section 12 (Preconstruction Review for New or Modified
Stationary Sources), excluding subsection 12.2.18 and 12.2.20, section
58 (Emission Reduction Credits), and section 59 (Emission Offsets),
excluding subsection 59.2 (``Local Offset Requirements'').
(54) The following plan revision was submitted on November 20, 2003
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) Nevada Administrative Code section 445B.22083, adopted March 3,
1994 (effective March 29, 1994), by the State Environmental Commission.
(55) The following plan revision and regulations were submitted on
August 5, 2002, by the Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Board of Health.
(1) Rules 040.031 and 040.032, adopted on February 27, 2002.
(2) Regulation 040.030 adopted on July 26, 2002.
(56) The following regulations and statutes were submitted on
January 12, 2006, by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) The following sections of the Nevada Air Quality Regulations
were adopted on the dates listed below and recodified as Chapter 445B of
the Nevada Administrative Code in November 1994:
(i) September 16, 1976: 445B.002, 445B.009, 445B.022, 445B.042,
445B.047, 445B.053, 445B.080, 445B.086, 445B.091, 445B.095, 445B.106,
445B.121, 445B.122, 445B.127, 445B.129, 445B.144, 445B.161, 445B.163,
445B.167, 445B.174, 445B.176, 445B.185, 445B.198, 445B.205, 445B.207,
445B.2204, and 445B.2209.
(ii) November 8, 1977: 445B.168.
(iii) September 12, 1978: 445B.125.
(2) The following sections of Chapter 445 of the Nevada
Administrative Code were adopted on the dates listed below and
recodified as Chapter 445B of the Nevada Administrative Code in November
1994:
(i) August 19, 1982: 445B.004 and 445B.060.
(ii) September 3, 1987: 445B.018, 445B.030, 445B.051, 445B.072,
445B.097, 445B.119, 445B.151, and 445B.209.
[[Page 489]]
(iii) August 29, 1990: 445B.073.
(iv) November 18, 1991: 445B.135.
(v) November 3, 1993: 445B.055, 445B.056, and 445B.061.
(vi) March 3, 1994: 445B.075, 445B.103, 445B.109, and 445B.182.
(3) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on the dates listed below:
(i) October 3, 1995: 445B.005, 445B.059, 445B.077, 445B.112,
445B.116, 445B.130, 445B.145, 445B.152, 445B.177, 445B.180, 445B.22037,
and 445B.227.
(ii) January 22, 1998: 445B.011, 445B.0425, 445B.058, 445B.22027,
and 445B.22033.
(iii) September 9, 1999: 445B.2203 and 445B.22047.
(iv) May 10, 2001: 445B.113 and 445B.1135.
(v) September 18, 2001: 445B.006.
(vi) February 26, 2004: 445B.22067, 445B.2207, and 445B.22097.
(vii) August 19, 2004: 445B.001, 445B.211, 445B.22043, 445B.2205,
and 445B.230.
(viii) October 4, 2005: 445B.22017 (effective April 1, 2006) and
445B.2202 (effective April 1, 2006).
(4) Title 40, Chapter 445B of Nevada Revised Statutes (2003):
Sections 445B.105, 445B.110, 445B.115, 445B.120, 445B.125, 445B.130,
445B.135, 445B.140, 445B.145, 445B.150, 445B.155, 445B.210, 445B.220,
445B.225, 445B.235, 445B.245, 445B.275, 445B.280, 445B.300, 445B.320,
445B.500, 445B.510, 445B.520, 445B.530, 445B.540, 445B.560, and
445B.595.
(5) The following sections of the Nevada Air Quality Regulations
were adopted on the dates listed below and recodified as Chapter 445B of
the Nevada Administrative Code in November 1994:
(i) September 16, 1976: 445B.134, 445B.257, 445B.258, 445B.259,
445B.260, 445B.261, and 445B.263.
(6) The following sections of Chapter 445 of the Nevada
Administrative Code were adopted on the dates listed below and
recodified as Chapter 445B of the Nevada Administrative Code in November
1994:
(i) April 26, 1984: 445B.265.
(ii) November 3, 1993: 445B.084.
(iii) March 3, 1994: 445B.202.
(7) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on the dates listed below:
(i) October 3, 1995: 445B.015, 445B.062, and 445B.256.
(ii) August 22, 2000: 445B.264.
(iii) September 18, 2003: 445B.262 and 445B.267.
(iv) October 4, 2005: 445B.063, 445B.153, and 445B.22093.
(8) Title 40, Chapter 445B of Nevada Revised Statutes (NRS)(2003):
Sections 445B.200, 445B.205, 445B.230, 445B.240, 445B.340, 445B.350,
445B.360, 445B.450, 445B.460, 445B.570, 445B.580, 445B.600, 445.610, and
445.640.
(9) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on the dates listed in paragraph
(c)(56)(i)(A)(9) of this section:
(i) September 18, 2003: 445B.252.
(57) The following plan revision was submitted on February 14, 2006,
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Carbon Monoxide State Implementation Plan Revision, Las Vegas
Valley Nonattainment Area, Clark County, Nevada, adopted on October 4,
2005 by the Clark County Board of Commissioners (with the exception of
section 7.3 (page 7-2), ``Mobile Source Emissions Budget'').
(58) The following plan revision was submitted on May 12, 2006, by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Section 7.3 (page 7-2), ``Mobile Source Emissions Budget'' of
the Carbon Monoxide State Implementation Plan Revision, Las Vegas Valley
Nonattainment Area, Clark County, Nevada, adopted on May 2, 2006 by the
Clark County Board of Commissioners.
(59) The following statute was submitted on March 24, 2006, by the
Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) Title 0, Preliminary Chapter-General Provisions, of Nevada
Revised
[[Page 490]]
Statutes: Section 0.039, effective April 29, 1985.
(60) The following plan revision was submitted on January 23, 2003,
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Sections 90 and 92, adopted June 22, 2000 by the Clark County
Board of Commissioners, and amended on December 17, 2002.
(61) The following plan revision was submitted on March 26, 2003, by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Section 93, adopted on June 22, 2000 by the Clark County Board
of Commissioners and amended on March 4, 2003; Section 94, adopted on
June 22, 2000 by the Clark County Board of Commissioners and amended on
March 18, 2003; and, the ``Construction Activities Dust Control
Handbook'', adopted June 22, 2000 by the Clark County Board of
Commissioners and amended on March 18, 2003.
(62) The following plan revision was submitted on December 8, 2006,
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on September 6, 2006: 445B.134,
445B.230, 445B.258, 445B.259, and 445B.260.
(63) New or amended regulations were submitted on May 5, 2006, by
the Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Health Department.
(1) Rules 010.117, 040.005, and 040.051, revised on February 23,
2006, and Rule 050.001, adopted on March 23, 2006.
(64) The following plan was submitted on February 5, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) Nevada State Implementation Plan for Interstate Transport to
Satisfy the Requirements of Clean Air Act 110(a)(2)(D)(i) for the 8-hour
Ozone and PM2.5 NAAQS Promulgated in July 1997 (January 31,
2007), adopted by the Nevada Division of Environmental Protection on
February 5, 2007.
(65) The following plan was submitted on May 30, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Health Department, Air Quality Management
Division.
(1) Maintenance Plan for the Washoe County 8-Hour Ozone Attainment
Area (April 2007), Washoe County District Health Department, excluding
appendices.
(66) The following plan revision was submitted on June 26, 2007 by
the Governor's designee. All section citations listed below refer to the
January 2007 codification of chapter 445B of the Nevada Administrative
Code as published by the Nevada Legislative Counsel Bureau.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) The following section of the Nevada Air Quality Regulations was
adopted on the date listed below and recodified as Chapter 445B of the
Nevada Administrative Code in November 1994:
(i) September 16, 1976, effective date December 4, 1976: 445B.172,
``Six-Minute Period defined.''
(2) The following section of Chapter 445 of the Nevada
Administrative Code was adopted on the date listed below and recodified
as Chapter 445B of the Nevada Administrative Code in November 1994:
(i) November 3, 1993: 445B.190, ``Stop order defined.''
(3) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on the dates listed below:
(i) October 3, 1995: 445B.225, ``Prohibited conduct: Concealment of
emissions;'' and 445B.229, ``Hazardous emissions: Order for reduction or
discontinuance.''
(ii) August 19, 2004, effective date September 24, 2004: 445B.001,
``Definitions;'' 445B.22043, ``Sulfur emissions: Exceptions for
stationary sources;''
[[Page 491]]
and 445B.2205, ``Sulfur emissions: Other processes which emit sulfur.''
(iii) October 4, 2005: 445B.063, ``Excess emissions defined;''
445B.153, ``Regulated air pollutant defined;'' 445B.22017, ``Visible
emissions: Maximum opacity; determination and monitoring of opacity;''
445B.2202, ``Visible emissions: Exceptions for stationary sources;'' and
445B.22093, ``Organic solvents and other volatile compounds.''
(iv) March 8, 2006: 445B.275, ``Violations: Acts constituting;
notice;'' and 445B.277, ``Stop orders.''
(v) September 6, 2006: 445B.220, ``Severability.''
(4) Nevada Revised Statutes (NRS) (2003), chapter 445B, section
445B.310 (``Limitations on enforcement of federal and state regulations
concerning indirect sources'').
(67) New or amended regulations were submitted on August 20, 2007 by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) Nevada Administrative Code (January 2007 codification by the
Legislative Counsel Bureau) section 445B.22083, ``Construction, major
modification or relocation of plants to generate electricity using steam
produced by burning of fossil fuels;'' and section 445B.250,
``Notification of Director: Construction, reconstruction and initial
start-up; demonstration of continuous monitoring system performance;''
adopted by the State Environmental Commission on October 4, 2005.
(68) The following plan revision was submitted on June 3, 1994 by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) State Implementation Plan for a Basic Program for the Inspection
and Maintenance of Motor Vehicles for the Truckee Meadows Planning Area,
Nevada (June 1994), including the cover page through page 9.
(ii) Additional material.
(A) Nevada Division of Environmental Protection.
(1) State Implementation Plan for a Basic Program for the Inspection
and Maintenance of Motor Vehicles for the Truckee Meadows Planning Area,
Nevada (June 1994), appendix 1, appendix 2 (only the certificate of
compliance and Nevada attorney general's opinion), and appendices 3, 6,
8, and 10.
(69) The following plan revision was submitted on November 4, 2005
by the Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Health Department.
(1) Rule 040.095, ``Oxygen content of motor vehicle fuel,'' revised
on September 22, 2005.
(i) Washoe County District Board of Health Meeting, September 22,
2005, Public Hearing--Amendments--Washoe County District Board of Health
Regulations Governing Air Quality Management; to Wit: Rule 040.095
(Oxygen Content of Motor Vehicle Fuel).
(2) Redesignation Request and Maintenance Plan for the Truckee
Meadows Carbon Monoxide Non-Attainment Area (September 2005), excluding
appendices B, C, and D.
(70) The following plan revision was submitted on November 2, 2006
by the Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Health Department.
(1) Basic I/M Performance Standard, excluding appendices A through
D.
(i) Washoe County District Board of Health Meeting, September 28,
2006, Public Hearing--State Implementation Plan (SIP)--``Basic Program--
Inspection and Maintenance (I/M) of Motor Vehicles--Truckee Meadows
Planning Area, Nevada;'' to Wit: Basic Inspection and Maintenance (I/M)
Performance Standard.
(ii) Additional material.
(A) Washoe County District Health Department.
(1) Basic I/M Performance Standard, appendices A through D.
(71) The following plan revision was submitted on May 11, 2007 by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended statutes related to mobile sources, including
Nevada's vehicle inspection and maintenance program in Las Vegas Valley/
Boulder
[[Page 492]]
City and Truckee Meadows: Nevada Revised Statutes (2005), chapter 365,
section 365.060, ``Motor vehicle fuel defined;'' chapter 366, section
366.060, ``Special fuel defined;'' chapter 445B, sections 445B.210,
``Powers of Commission,'' 445B.700, ``Definitions,'' 445B.705,
``Approved inspector defined,'' 445B.710, ``Authorized inspection
station defined,'' 445B.715, ``Authorized maintenance station defined,''
445B.720, ``Authorized station defined,'' 445B.725, ``Commission
defined,'' 445B.730, ``Evidence of compliance defined,'' 445B.735,
``Fleet station defined,'' 445B.737, ``Heavy-duty motor vehicle
defined,'' 445B.740, ``Light-duty motor vehicle defined,'' 445B.745,
``Motor vehicle defined,'' 445B.747, ``Motor vehicle fuel defined,''
445B.750, ``Passenger car defined,'' 445B.755, ``Pollution control
device defined,'' 445B.757, ``Special fuel defined,'' 445B.758, ``Used
motor vehicle defined,'' 445B.759, ``Inapplicability to military
tactical vehicles,'' 445B.760, ``Authority of Commission to prescribe
standards for emissions from mobile internal combustion engines;
trimobiles; standards pertaining to motor vehicles to be approved by
Department of Motor Vehicles,'' 445B.765, ``Information concerning
program for control of emissions from motor vehicles: Collection,
interpretation and correlation; public inspection,'' 445B.770,
``Regulations of Commission: Control of emissions from motor vehicles;
program for inspection and testing of motor vehicles,'' 445B.775,
``Regulations of Commission: Requirements for licensing of stations by
Department of Motor Vehicles,'' 445B.780, ``Program for regulation of
emissions from heavy-duty motor vehicles; equipment used to measure
emissions; waiver from requirements of program,'' 445B.785,
``Regulations of Department of Motor Vehicles: Licensing of stations;
performance of inspection and issuance of evidence of compliance;
diagnostic equipment; fee, bond or insurance; informational pamphlet;
distribution,'' 445B.790, ``Regulations concerning inspection of
stations; grounds for denial, suspension or revocation of license of
inspector or station,'' 445B.795, ``Compulsory program for control of
emissions: Limitations,'' 445B.798, ``Authority of Department of Motor
Vehicles, in larger counties, to conduct test of emissions from motor
vehicle being operated on highway,'' 445B.800, ``Evidence of compliance:
Requirements for registration, sale or long-term lease of used vehicles
in certain counties,'' 445B.805, ``Evidence of compliance: Exemptions
from requirements,'' 445B.810, ``State Department of Conservation and
Natural Resources to provide assistance,'' 445B.815, ``Evidence of
compliance: Duty of employees and agents of Department of Motor
Vehicles; submission by owner or lessee of fleet,'' 445B.820,
``Installation and inspection of pollution control device,'' 445B.825,
``Exemption of certain classes of motor vehicles; waiver from provisions
of NRS 445B.770 to 445B.815, inclusive,'' 445B.830, ``Fees to be paid to
Department of Motor Vehicles; Pollution Control Account; expenditure of
money in Account; quarterly distributions to local governments; annual
reports by local governments; grants; creation and duties of advisory
committee; submission and approval of proposed grants,'' 445B.832,
``Surcharge for electronic transmission of information: Authority to
impose; inclusion as separate entry on form certifying emission control
compliance; definition,'' 445B.834, ``Additional fee for form certifying
emission control compliance: Retention of portion of fee by station
performing inspection; definition,'' 445B.835, ``Administrative fine;
hearing; additional remedies to compel compliance,'' 445B.840,
``Unlawful acts,'' and 445B.845, ``Criminal penalty; enforcement of
provisions by peace officer; mitigation of offense;'' chapter 481,
sections 481.019, ``Creation; powers and duties,'' 481.023,
``Administration of laws by Department; exceptions,'' 481.027, ``General
functions of Department of Motor Vehicles and Department of
Transportation respecting state highways,'' 481.031, ``Office of
Director of Department created,'' 481.035, ``Director of Department:
Appointment; classification; other employment prohibited; employment of
deputies and staff,'' 481.047, ``Appointment of personnel,'' 481.0473,
``Divisions of Department,'' 481.0475, ``Duties of Administrative
Services Division,'' 481.048, ``Division of Compliance Enforcement:
Appointment and duties of investigators,''
[[Page 493]]
481.0481, ``Section for Control of Emissions From Vehicles and
Enforcement of Matters Related to Use of Special Fuel: Creation;
appointment and duties of investigators, officers and technicians,''
481.051, ``Powers and duties of Director: Generally,'' 481.0515,
``Powers and duties of Director: References to names of persons in
documents and records,'' 481.052, ``Powers and duties of Director:
Adoption of definition of `seasonal resident' by regulation,'' 481.0535,
``Powers and duties of Director: Expenditure of appropriations to assist
certain entities to purchase and obtain evidence; receipt and
safekeeping of money,'' 481.055, ``Department to keep main office in
Carson City; maintenance of branch offices,'' 481.057, ``Offices of
Department: Extended hours of operation,'' 481.063, ``Collection and
deposit of fees for publications of Department and private use of files
and records of Department; limitations on release and use of files and
records; regulations,'' 481.065, ``Acceptance of donations for programs
for traffic safety,'' 481.079, ``Money collected to be deposited in
Motor Vehicle Fund; exception; dishonored payments; adjustment of
deposits,'' 481.081, ``Arrearage in tax, fee or assessment administered
by Department: Department authorized to file certificate; certificate as
lien; extension of lien,'' 481.082, ``Arrearage in tax, fee or
assessment administered by Department: Release or subordination of lien;
certificate issued by Department as conclusive evidence,'' 481.083,
``Money for administration of chapter; claims,'' and 481.087,
``Administrative expenses deemed cost of administration of operation of
motor vehicles on public highways;'' chapter 482, sections 482.029,
``Electric personal assistive mobility device defined,'' 482.155,
``Enforcement of provisions of chapter by Department, its officers and
peace officers,'' 482.160, ``Administrative regulations; branch offices;
appointment of agents and designation of county assessor as agent;
compensation of certain agents,'' 482.162, ``Department to adopt
regulations setting forth criteria for determination of whether person
is farmer or rancher; presentation of evidence to Department,'' 482.165,
``Director to provide forms,'' 482.170, ``Records of Department
concerning registration and licensing,'' 482.171, ``List of registered
owners to be provided for selection of jury; reimbursement of
Department,'' 482.173, ``Schedule for retention and disposition of
certain records of Department,'' 482.175, ``Validity of registration:
Powers and duties of Department and registered dealers,'' 482.180,
``Motor Vehicle Fund: Creation: deposits; interest and income;
dishonored payments; distribution of money collected for basic
governmental services tax; transfers,'' 482.1805, ``Revolving Account
for Issuance of Special License Plates: Creation; deposit of certain
fees; use of money in Account; transfer of excess balance to State
Highway Fund,'' 482.181, ``Governmental services taxes: Certification of
amount collected each month; distribution,'' 482.183, ``Motor Vehicle
Revolving Account: Creation; use; deposits,'' 482.186, ``Certain
odometers deemed to register mileage reflected on odometer plus 100,000
miles,'' 482.187, ``Department authorized to enter into written
agreements for periodic payment of delinquent taxes or fees;
regulations,'' 482.188, ``Waiver of penalty or interest for failure
timely to file return or pay tax, penalty or fee in certain
circumstances,'' 482.205, ``Registration required for certain
vehicles,'' 482.206, ``Periods of registration for motor vehicles;
exceptions,'' 482.208, ``Registration of leased vehicles by long-term
lessor or long-term lessee,'' 482.210, ``Exemptions from registration,''
482.215, ``Application for registration,'' 482.216, ``Department may
authorize new vehicle dealer to accept applications for registration and
transfer of registration of new motor vehicles and to issue certificates
of registration; duties of dealer; prohibited acts; regulations,''
482.220, ``Application for specially constructed, reconstructed, rebuilt
or foreign vehicle; certificate of inspection; charge for inspection,''
482.225, ``Collection of sales or use tax upon application for
registration of certain vehicles purchased outside this State; payment
of all applicable taxes
[[Page 494]]
and fees required for registration; refund of tax erroneously or
illegally collected,'' 482.230, ``Grounds requiring refusal of
registration,'' 482.235, ``Registration indexes and records; assignment
of registration number by registered dealer,'' 482.240, ``Issuance of
certificates of registration and title by Department or registered
dealer; period of validity of certificate,'' 482.245, ``Contents of
certificates of registration and title,'' 482.255, ``Placement of
certificate of registration; surrender upon demand of peace officer,
justice of the peace or deputy of Department; limitation on
conviction,'' 482.260, ``Duties of Department of Motor Vehicles and its
agents relative to registration of vehicle; issuance of certificate of
title; fees and taxes,'' 482.265, ``License plates issued upon
registration; stickers, tabs or other devices issued upon renewal of
registration; return of plates; fee for and limitations on issuance of
special license plates,'' 482.266, ``Manufacture of license plates
substantially similar to license plates issued before January 1, 1982:
Written request; fee; delivery; duties of Department; retention of old
plates authorized if requested plates contain same letters and
numbers,'' 482.267, ``License plates: Production at facility of
Department of Corrections,'' 482.268, ``License plates: Additional fee
for issuance; deposit of fee,'' 482.270, ``License plates: General
specifications; redesign; configuration of special license plates
designed, prepared and issued pursuant to process of direct application
and petition,'' 482.2703, ``License plates: Samples; form; fee;
penalty,'' 482.2705, ``License plates: Passenger cars and trucks,''
482.271, ``License plates: Decals; fees,'' 482.2715, ``License plates:
Registrant entitled to maintain code if continuously renewed;
exceptions; issuance of replacement plates with same code after
expiration of registration; fee,'' 482.2717, ``License plates to be
issued to automobile wreckers and operators of salvage pools,'' 482.272,
``License plates: Motorcycles,'' 482.274, ``License plates: Trailers,''
482.275, ``License plates: Display,'' 482.280, ``Expiration and renewal
of registration,'' 482.2805, ``Department not to renew registration if
local authority has filed notice of nonpayment pursuant to NRS 484.444;
fee for service performed by Department,'' 482.2807, ``Requirements for
registration if local government has filed notice of nonpayment pursuant
to NRS 484.444,'' 482.281, ``Authority of Department of Motor Vehicles
to allow authorized inspection station or authorized station to renew
certificates of registration; adoption of regulations,'' 482.283,
``Change of name or place of residence: Notice to Department required;
timing and contents of notice,'' 482.285, ``Certificates, decals and
number plates: Illegibility, loss, mutilation or theft; obtaining of
duplicates or substitutes; fees and taxes,'' 482.290, ``Assignment and
recording of new number for identification of vehicle if old number
destroyed or obliterated; fee; penalty for willful defacement,
alteration, substitution or removal of number with intent to defraud,''
482.385, ``Registration of vehicle of nonresident owner not required;
exceptions; registration of vehicle by person upon becoming resident of
this State; penalty; taxes and fees; surrender or nonresident license
plates and registration certificate; citation for violation,'' 482.461
``Failure of mandatory test of emissions from engines; notification;
cost of inspection,'' 482.565, ``Administrative fines for violations
other than deceptive trade practices; injunction or other appropriate
remedy; enforcement proceedings;'' and chapter 484, sections 484.101,
``Passenger car defined,'' 484.644, ``Device for control of pollution:
Use required; disconnection or alteration prohibited; exceptions,'' and
484.6441, ``Device for control of pollution: Penalty; proof of
conformity may be required.''
(2) New or amended rules related to mobile sources, including
Nevada's vehicle inspection and maintenance program in Las Vegas Valley/
Boulder City and Truckee Meadows: Nevada Administrative Code, chapter
445B (January 2007 revision by the Legislative Counsel Bureau), sections
445B.400, ``Scope,'' 445B.401, ``Definitions,'' 445B.403, ``Approved
inspector defined,'' 445B.4045, ``Authorized inspection station
defined,'' 445B.405, ``Authorized station defined,'' 445B.408, ``Carbon
monoxide defined,'' 445B.409, ``Certificate of compliance defined,''
445B.4092, ``Certified on-board diagnostic system defined,''
[[Page 495]]
445B.4096, ``Class 1 approved inspector defined,'' 445B.097, ``Class 1
fleet station defined,'' 445B.098, ``Class 2 approved inspector
defined,'' 445B.4099, ``Class 2 fleet station defined,'' 445B.410,
``CO2 defined,'' 445B.411, ``Commission defined,'' 445B.413,
``Department defined,'' 445B.415, ``Director defined,'' 445B.416,
``Emission defined,'' 445B.418, ``EPA defined,'' 445B.419, ``Established
place of business defined,'' 445B.420, ``Evidence of compliance
defined,'' 445B.421, ``Exhaust emissions defined,'' 445B.422, ``Exhaust
gas analyzer defined,'' 445B.424, ``Fleet station defined,'' 445B.4247,
``Gross vehicle weight rating defined,'' 445B.426, ``Heavy-duty motor
vehicle defined,'' 445B.427, ``Hydrocarbon defined,'' 445B.428, ``Hz
defined,'' 445B.432, ``Light-duty motor vehicle defined,'' 445B.433,
``Mini motor home defined,'' 445B.434, ``Motor home defined,'' 445B.435,
``Motor vehicle defined,'' 445B.440, ``New motor vehicle defined,''
445B.442, ``Opacity defined,'' 445B.443, ``Person defined,'' 445B.444,
``ppm defined,'' 445B.449, ``Smoke defined,'' 445B.450, ``Special mobile
equipment defined,'' 445B.451, ``Standard defined,'' 445B.4515, ``State
electronic data transmission system defined,'' 445B.452, ``Tampering
defined,'' 445B.4525, ``Test station defined,'' 445B.453, ``Truck
defined,'' 445B.454, ``Used motor vehicle defined,'' 445B.455, ``Van
conversion defined,'' 445B.4553, ``Vehicle inspection report defined,''
445B.4556, ``Vehicle inspection report number defined,'' 445B.456,
``Severability,'' 445B.460, ``Test station: License required to operate;
expiration of license; ratings; performance of certain services;
prohibited acts; location,'' 445B.461, ``Compliance by Federal
Government, state agencies and political subdivisions,'' 445B.462,
``Test station: Application for license to operate; inspection of
premises; issuance of license,'' 445B.463, ``Test station: Grounds for
denial, revocation or suspension of license; reapplication; permanent
revocation of license,'' 445B.464, ``Test station: Hearing concerning
denial, suspension or revocation of license,'' 445B.465, ``Authorized
station or authorized inspection station: Requirements for bond or
deposit,'' 445B.466, ``Authorized station or authorized inspection
station: Liability under bond or deposit; suspension and reinstatement
of licenses,'' 445B.467, ``Authorized station or authorized inspection
station: Disbursement, release or refund of bond or deposit,'' 445B.468,
``Authorized stations and authorized inspection stations: Scope of
coverage of bond or deposit,'' 445B.469, ``Authorized station or
authorized inspection station: Posting of signs and placards,''
445B.470, ``Test station: Display of licenses; availability of reference
information,'' 445B.471, ``Test station: Advertising; provision by
Department of certain informational material for public,'' 445B.472,
``Test station: Records of inspections and repairs; inspection of place
of business; audit of exhaust gas analyzers,'' 445B.473, ``Test station:
Notice of wrongfully distributed or received vehicle inspection reports;
inventory of vehicle inspection reports,'' 445B.474, ``Test station:
Failure to employ approved inspector,'' 445B.475, ``Authorized station
or class 2 fleet station: Requirements for employees,'' 445B.476, ``Test
station: Willful failure to comply with directive; suspension of
license; reapplication after revocation of license,'' 445B.478, ``Fleet
station: Licensing; powers and duties,'' 445B.480, ``Test station:
Requirements concerning business hours,'' 445B.485, ``Prerequisites to
licensing,'' 445B.486, ``Examination of applicants for licensing,''
445B.487, ``Denial of license,'' 445B.489, ``Grounds for denial,
suspension or revocation of license,'' 445B.490, ``Hearing on suspension
or revocation of license,'' 445B.491, ``Temporary suspension or refusal
to renew license,'' 445B.492, ``Duration of suspension; surrender of
license,'' 445B.493, ``Limitation on reapplication after revocation or
denial or license; surrender of revoked license; permanent revocation of
license,'' 445B.495, ``Contents of license,'' 445B.496, ``Expiration of
license,'' 445B.497, ``Requirements for renewal of license,'' 445B.498,
``Performance of emission inspection without license prohibited;
expiration of license; license ratings,'' 445B.4983, ``Issuance of
access code to approved inspector; use of access code and identification
number,'' 445B.4985, ``Violations,'' 445B.499, ``Fees,'' 445B.501,
``Report of change in place of employment or termination of
[[Page 496]]
employment,'' 445B.502, ``Submission of certificate of employment to
report change,'' 445B.5049, ``Connection to state electronic data
transmission system,'' 445B.505, ``Availability of list of approved
analyzers and their specifications,'' 445B.5052, ``Approved analyzer:
Use and equipment; deactivation by Department,'' 445B.5055, ``Revocation
of approval of analyzer,'' 445B.5065, ``Manufacturer of approved
analyzer: Required warranty,'' 445B.5075, ``Manufacturer of approved
analyzer: Required services; administrative fine for violations,''
445B.575, ``Device to control pollution: General requirement; alteration
or modification,'' 445B.576, ``Vehicles powered by gasoline or diesel
fuel: Restrictions on visible emissions and on idling of diesel
engines,'' 445B.577, ``Devices used on stationary rails: Restrictions on
visible emissions,'' 445B.578, ``Exceptions to restrictions on visible
emissions,'' 445B.579, ``Inspection of vehicle: Devices for emission
control required,'' 445B.580, ``Inspection of vehicle: Procedure for
certain vehicles with model year of 1995 or older and heavy-duty
vehicles with model year of 1996 or newer,'' 445B.5805, ``Inspection of
vehicle: Procedure for light-duty vehicles with model year of 1996 or
newer,'' 445B.581, ``Inspection of vehicle: Place and equipment for
performance,'' 445B.5815, ``Inspection of vehicle: Certified on-board
diagnostic systems,'' 445B.582, ``Repair of vehicle; reinspection or
testing,'' 445B.583, ``Evidence of compliance: Purpose; records,''
445B.584, ``Evidence of compliance: Purchase of vehicle inspection
report numbers,'' 445B.585, ``Evidence of compliance: Issuance by
approved inspector,'' 445B.586, ``Evidence of compliance: Return of
fee,'' 445B.587, ``Test of light-duty motor vehicles powered by diesel
engines: Equipment for measurement of smoke opacity,'' 445B.588,
``Testing of light-duty motor vehicles powered by diesel engines: List
of approved equipment,'' 445B.589, ``Testing of light-duty motor
vehicles powered by diesel engines: Procedure; certificate of
compliance; effect of failure; lack of proper fuel cap,'' 445B.5895,
``Dissemination of list of authorized stations,'' 445B.590, ``Waiver of
standards for emissions,'' 445B.591, ``Form for registration of vehicle
in area where inspection of vehicle not required,'' 445B.5915,
``Requirements for registration of vehicle temporarily being used and
maintained in another state,'' 445B.592, ``Applicability of certain
standards for emissions and other requirements,'' 445B.593, ``Evidence
of compliance required for certain vehicles based in Clark County,''
445B.594, ``Evidence of compliance required for certain vehicles based
in Washoe County,'' 445B.595 (excluding subsection(2)), ``Inspections of
vehicles owned by State or political subdivisions or operated on federal
installations,'' 445B.596, ``Standards for emissions,'' 445B.598,
``Imposition and statement of fee for inspection and testing; listing of
stations and fees,'' 445B.599, ``Prescription and notice of maximum fees
for inspections and testing,'' 445B.600, ``Procedure for setting new
fee,'' 445B.601, ``Concealment of emissions prohibited,'' 445B.6115,
``Exemption of vehicle from certain provisions,'' 445B.6125,
``Certification of vehicle for exemption,'' 445B.7015, ``Annual and
additional inspections,'' 445B.7025, ``Alteration of emission control
system of vehicle used to conduct inspection,'' 445B.7035, ``Preliminary
written notice of violation; reinspection of vehicle,'' 445B.7045,
``Administrative fines and other penalties for certain violations,''
445B.727, ``Administrative fines and other penalties,'' and 445B.735,
``Program for licensure to install, repair and adjust devices for
control of emissions.''
(3) Previously approved on July 3, 2008, in paragraph
(c)(71)(i)(A)(2) of this section and now deleted from the SIP without
replacement: Nevada Administrative Code (NAC) section: 445B.461(3)(d).
(4) New or amended rules related to mobile sources, including
Nevada's vehicle inspection and maintenance program in Las Vegas Valley/
Boulder City and Truckee Meadows: Nevada Administrative Code, chapter
445B (January 2007 revision by the Legislative Counsel Bureau),
paragraphs (a), (b), and (c) of subsection (2) of section 445B.595,
``Inspections of vehicles owned by State or political subdivisions or
operated on federal installations.''
(ii) Additional material.
(A) Nevada Division of Environmental Protection.
[[Page 497]]
(1) Correspondence dated March 6, 2007 from the Nevada Department of
Motor Vehicles to the Nevada Division of Environmental Protection
describing an upgrade to the NV2000 emission analyzer to make emissions
testing possible on motor vehicles containing a certified on-board
diagnostic system which uses controller area network communication.
(72) The following plan revision was submitted on April 1, 2008, by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Clark County Transportation Conformity Plan (January 2008),
adopted by the Clark County Board of County Commissioners on January 15,
2008.
(73) The following plan revision was submitted on September 18,
2008, by the Governor's designee.
(i) [Reserved]
(ii) Additional material.
(A) Resolution of the Clark County Board of Commissioners Adopting
the Clark County Carbon Monoxide Redesignation Request and Maintenance
Plan, adopted by the Clark County Board of Commissioners on September 2,
2008.
(B) Carbon Monoxide Redesignation Request and Maintenance Plan, Las
Vegas Valley Nonattainment Area, Clark County, Nevada (September 2008),
adopted by the Clark County Board of Commissioners on September 2, 2008
(excluding the appendices).
(74) The following plan revision was submitted on March 26, 2010 by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Clark County Board of County Commissioners, Ordinance No. 3809,
``An Ordinance to Suspend the Applicability and Enforceability of All
Provisions of Clark County Air Quality Regulation Section 54, the
Cleaner Burning Gasoline Wintertime Program; and Provide for Other
Matters Properly Relating Thereto,'' adopted September 15, 2009,
effective (for state purposes) on September 29, 2009.
(B) Nevada Department of Agriculture.
(1) Nevada Board of Agriculture, Adopted Regulation of the State
Board of Agriculture LCB File No. R111-08, including an amended version
of Nevada Administrative Code (NAC) section 590.065, effective (for
state purposes) on January 28, 2010, (excluding newly designated
subsection (7) of NAC section 590.065).
(75) The following plan revision was submitted on August 30, 2010,
by the Governor's designee.
(i) [Reserved]
(ii) Additional material.
(A) Letter from Anthony Lesperance, Director, Nevada Department of
Nevada, to Lewis Wallenmeyer, Director, Clark County Department of Air
Quality and Environmental Management, dated June 22, 2010, setting forth
the Nevada Department of Agriculture's commitment to seek reinstatement
of the Low RVP wintertime gasoline requirement in Clark County if
necessary under the Las Vegas Valley Carbon Monoxide Maintenance Plan to
address future carbon monoxide violations.
[37 FR 10878, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.1490, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1491 Interstate transport.
(a) Approval. On February 7, 2007, the Nevada Division of
Environmental Protection submitted the ``Nevada State Implementation
Plan for Interstate Transport to Satisfy the Requirements of the Clean
Air Act 110(a)(2)(D)(i) for the 8-hour Ozone and PM2.5 NAAQS
Promulgated in July 1997'' (``2007 Interstate Transport SIP''). The 2007
Interstate Transport SIP meets the requirements of Clean Air Act section
110(a)(2)(D)(i) for the 1997 8-hour ozone and 1997 PM2.5
NAAQS other than the requirements of Clean Air Act section
110(a)(2)(D)(i)(II) regarding interference with other states' measures
to protect visibility.
(b) Approval. The requirements of Clean Air Act section
110(a)(2)(D)(i)(II) regarding interference with other states' measures
to protect visibility for the 1997 8-hour ozone and 1997
PM2.5
[[Page 498]]
NAAQS are met by the ``Nevada Regional Haze State Implementation Plan,''
as supplemented and amended on February 18, 2010 and September 20, 2011.
[77 FR 17341, Mar. 26, 2012]
Subpart EE_New Hampshire
Sec. 52.1519 Identification of plan--conditional approval.
(a) The following plan revisions were submitted on the dates
specified.
(1) On January 12, 1993, the New Hampshire Department of
Environmental Services submitted a small business stationary source
technical and environmental compliance assistance program (PROGRAM). On
May 19, 1994, New Hampshire submitted a letter deleting portions of the
January 12, 1993 submittal. In these submissions, the State commits to
designate a state agency to house the small business ombudsman and to
submit adequate legal authority to establish and implement a compliance
advisory panel and a small business ombudsman. Additionally, the State
commits to have a fully operational PROGRAM by November 15, 1994.
(i) Incorporation by reference. (A) Letter from the New Hampshire
Department of Environmental Services dated January 12, 1993 submitting a
revision to the New Hampshire State Implementation Plan.
(B) State Implementation Plan Revision for a Small Business
Technical and Environmental compliance Assistance Program dated January
12, 1993.
(C) Letter from the New Hampshire Department of Environmental
Services dated May 19, 1994 revising the January 12, 1993 submittal.
(ii) Additional materials. (A) Non-regulatory portions of the State
submittal.
(2)-(11) [Reserved]
(b)-(c) [Reserved]
[59 FR 50506, Oct. 4, 1994, as amended at 59 FR 51517, Oct. 12, 1994; 60
FR 47290, Sept. 12, 1995; 66 FR 1871, Jan. 10, 2001; 77 FR 63233, Oct.
16, 2012; 80 FR 57724, Sept. 25, 2015; 80 FR 78139, Dec. 16, 2015; 81 FR
44553, July 8, 2016; 82 FR 24061, May 25, 2017]
Sec. 52.1520 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan for New Hampshire under section 110 of the Clean Air
Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air
quality standards or other requirements under the Clean Air Act.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to August
18, 2009, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as submitted by the state to EPA, and
notice of any change in the material will be published in the Federal
Register. Entries for paragraphs (c) and (d) of this section with EPA
approval dates after August 18, 2009, will be incorporated by reference
in the next update to the SIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of August 18, 2009.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, New England Regional
Office, 5 Post Office Square--Suite 100, Boston, MA 02109-3912; Air and
Radiation Docket and Information Center, EPA West Building, 1301
Constitution Ave., NW., Washington, DC 20460; and the National Archives
and Records Administration (NARA). If you wish to obtain materials from
the EPA Regional Office, please call (617) 918-1668; for materials from
a docket in the EPA Headquarters Library, please call the Office of Air
and Radiation (OAR) Docket at (202) 566-1742. For information on the
availability of this material at NARA, call (202) 741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
[[Page 499]]
(c) EPA approved regulations.
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Env-A 100........................ Organizational 5/3/2003 9/25/2015, 80 FR Adding definition
Rules: Definitions. 57724. of ``Minor permit
amendment'' and
``State permit to
operate.''
Env-A 100........................ Definition of 4/29/2003 2/16/2018, 83 FR Remove Part Env-A
``Incinerator''. 6972. 101.59, definition
of ``Incinerator''
and replace with
``[reserved].''
Env-A 100........................ Definition of 4/29/2003 2/16/2018, 83 FR Remove Part Env-A
``Wood Waste 6972. 101.95, definition
Burner''. of ``Wood Waste
Burner'' and
replace with
``[reserved].''
Env-A 100........................ Definitions........ 3/24/1997 9/7/2018, 83 FR Revisions made
45356. affecting eleven
definitions.
Env-A 100........................ Definition of 4/23/2013 2/16/2018, 83 FR Approve Part Env-A
``Incinerator''. 6972. 101.104,
definition of
``Incinerator.''
Env-A 100........................ Definition of 1/14/2005 2/16/2018, 83 FR Approve Part Env-A
``Wood Waste 6972. 101.219,
Burner''. definition of
``Wood Waste
Burner.''
Env-A 200........................ Permit Notice and .............. 5/25/2017, 82 FR Removal of Env-A
Hearing Procedures. 24057. 205 from SIP
Env-A 300........................ Ambient Air Quality 9/1/2012 6/24/2014, 79 FR
Standards.. 35699.
Env-A 400........................ Sulfur Content 12/24/1990 8/14/1992, 57 FR Section Env-A
Limits in Fuels. 36603. 405.05 (c) and
(d); and Part Env-
A 406 are not part
of the SIP.
Env-A 600........................ Statewide Permit 10/22/2016 5/25/2017, 82 FR Revisions to Env-A
System. 24057. 618.01, 618.02(c),
Env-A 618.04(b),
Env-A 618.04(d),
Env-A 619.03(c),
619.07 and Env-A
621(except for
621.10)
Env-A 800........................ Testing and 10/31/2002; 12/ 11/5/2012, 77 FR Approved Sections
Monitoring 22/2004 66388. Env-A 801 through
Procedures. 806, 808 and 809
of New Hampshire's
air emission
testing and
monitoring
requirements.
Env-A 807........................ Testing and 10/31/2002 11/7/2016, 81 FR Approve Part Env-A
Monitoring 78054. 807 ``Testing for
Procedures. Opacity of
Emissions.''
Env-A 900........................ Owner or Operator 7/18/2015 3/30/2018, 83 FR Approved sections
Obligations. 13668. Env-A 901 through
911, except for
the following
sections withdrawn
by the State and
which are not part
of the approved
SIP: Env-A
907.01(d) and (e);
907.02(a)(1),
(d)(1) a. and c.,
(d)(2), and (e);
907.03; 911.04(b)
and (c); 911.05.
Env-A 1000....................... Control of Open 5/1/2011 2/16/2018, 83 FR Approve Part Env-A
Burning. 6972. 1000 ``Prevention,
Abatement and
Control of Open
Source Air
Pollution.''
Env-A 1200....................... Volatile Organic 6/1/2011 8/15/2016, 81 FR Revised sections
Compounds (VOCs) 53928. 1201.04, 1203.38,
Reasonably and 1222.01
Available Control approved in this
Technology (RACT). action.
[[Page 500]]
Env-A 1300....................... NOX RACT........... 10/31/2010 8/21/2014, 79 FR All of Section Env-
49462. A 1300 is
approved, with the
exception of the
phrase ``or any
opacity standard
specified in Env-A
2000'' in
subparagraph Env-A
1311.03(a)(5)
which NH withdrew
from its SIP
submittal. State
re-numbered NOX
RACT from Env-A
1211 to Env-A
1300, and made
several minor
revisions to NOX
RACT requirements.
Env-A 1500....................... Conformity......... 10/1/2011 11/29/2013, 78 FR
71504.
Env-A 1900....................... Emission Standards 4/23/2013 2/16/2018, 83 FR Approve Part Env-A
and Operating 6972. 1900
Practices for ``Incinerators and
Incinerators. Wood Waste
Burners.''
Env-A 2100....................... Particulate Matter 4/23/2013 11/7/2016, 81 FR Approve Chapter Env-
and Visible 78054. A 2100, except
Emissions Part Env-A 2103.03
Standards. ``Affirmative
Defense to Penalty
Action,'' which NH
DES did not submit
for approval.
Env-A 2300....................... Mitigation of 11/22/2014 10/6/2016, 81 FR Revises Env-A
Regional Haze. 70361. 2302.02
Env-A 2400....................... Ferrous and Non- 4/23/2013 11/7/2016, 81 FR Approve Chapter Env-
Ferrous Foundries, 78054. A 2400, except
Smelters, and PART Env-A 2405
Investment Casting ``Affirmative
Operations. Defenses for
Violations of
Visible Emission
Standards,'' which
NH DES did not
submit for
approval.
Env-A 2700....................... Hot Mix Asphalt 2/16/2013 11/7/2016, 81 FR
Plants. 78054.
Env-A 2703.02(a)................. Hot Mix Asphalt 11/4/2004 8/22/2012, 77 FR Adopted Regulation
Plants. 50608. established Hot
Mix Asphalt Plant
Requirements.
Env-A 2800....................... Sand and Gravel 10/1/2010 11/7/2016, 81 FR
Sources; Non- 78054.
Metallic Mineral
Processing Plants;
Cement and
Concrete Sources.
Env-A 3200....................... NOx Budget Trading 7/27/1998 11/14/2000, 65 FR Approved Parts Env-
Program. 68078. A 3201 through
3218.
Env-A 3600....................... National Low 7/21/1999 3/9/2000, 65 FR Approved Parts Env-
Emission Vehicle 12476. A 3601 through
(National LEV) 3603
Program.
Env-Or 500....................... Recovery of 11/17/2012 5/29/2014, 79 FR Includes
Gasoline Vapors. 30735. decommissioning of
Stage II vapor
recovery systems.
Saf-C 3200....................... Official Motor 1/6/2016 9/25/2018, 83 FR Amends Saf-C
Vehicle Inspection 48385. sections 3202,
Requirements. 3203, 3204, 3205,
3206.04, 3207.01,
3209, 3210, 3218,
3220, 3222, and
3248; and approves
Saf-C 3219.
Saf-C 5800....................... Roadside Diesel 1/1/1999 1/25/2013, 78 FR Approving submitted
Opacity Inspection. 5292. regulation with
the exception of
subsection Saf-C
5805.
Title 1 of the New Hampshire Department of 7/1/1986 12/16/2015, 80 FR Section 21-O:11,
Statues: The State and Its Environmental 78139. Air Resources
Government, Chapter 21-O. Services. Council.
[[Page 501]]
Title X of the New Hampshire Air Pollution 7/1/1979 12/16/2015, 80 FR Section 125-C:1--
Statutes: Public Health, Chapter Control. 78139. Declaration of
125-C. Policy and
Purpose; Section
125-C:2--Definitio
ns; Section 125-
C:4--Rulemaking
Authority;
Subpoena Power;
Section 125-C:6--
Powers and Duties
of the
Commissioner;
Section 125-C:8--
Administration of
Chapter;
Delegation of
Duties; Section
125-C:9--Authority
of the
Commissioner in
Cases of
Emergency; Section
125-C:10--Devices
Contributing to
Air Pollution;
Section 125-C:10a--
Municipal Waste
Combustion Units;
Section 125-C:11--
Permit Required;
Section 125-C:12--
Administrative
Requirements;
Section 125-C:13--
Criteria for
Denial; Suspension
or Revocation;
Modification;
Section 125-C:14--
Rehearings and
Appeals; Section
125-C:18--Existing
Remedies
Unimpaired;
Section 125-C:19--
Protection of
Powers; and
Section 125-C:21--
Severability.
Title X of the New Hampshire Multiple Pollutant 7/1/2002 12/16/2015, 80 FR Section 125-O:1--
Statutes: Public Health, Chapter Reduction Program. 78139. Findings and
125-O. Purpose; Section
125--O:3--Integrat
ed Power Plant
Strategy.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State Source specific requirements.
EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
Additional
Name of source Permit No. State EPA approval date explanations/Sec.
effective date 52.1535 citation
----------------------------------------------------------------------------------------------------------------
The James River--Berlin/Gorham, ................... 5/2/1984 9/27/1984, 49 FR See 52.1535(c)(33).
Inc. Berlin, NH. 38104. Administrative
order issued May
2, 1984 to the
James River
Corporation.
Operating limits for boilers at Permit Number PO-B- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. 1501, condition 5. 3117.
Operating limits for boilers at Permit Number PO-B- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. 1502, condition 5. 3117.
Operating limits for boilers at Permit No. PO-B- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. 1503, condition 5. 3117.
Operating limits for boilers at Temporary Permit TP- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. B-150, condition 3117.
2, 3 and 4.
[[Page 502]]
The James River Corporation, Permit Number PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 1550, Conditions 47392. The air permit
5B, 5C, and 5D. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit Number PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 213, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit No. PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 214, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit No. PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 215, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit No. PO-BP- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 2240, Condition 5B. 47392. The air permit
conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
Source specific NOX RACT order Order ARD-95-001... 5/10/1995 4/9/1997, 62 FR See 52.1535(c)(50).
for Groveton Paperboard Corp., 17087.
Groveton, NH.
Source specific NOX RACT order Order ARD-95-003... 9/19/1995 4/9/1997, 62 FR See 52.1535(c)(50).
for Waterville Valley Ski Area 17087.
Ltd., Waterville Valley, NH.
VOC RACT for L.W. Packard and Order ARD-94-001... 5/5/1995 3/10/1998, 63 FR See 52.1535(c)(51).
Company, Inc. Ashland, NH. 11600.
VOC RACT for Kalwall Corporation, Order ARD-95-010... 9/10/1996 9/7/2018, 83 FR See Sec.
Manchester, NH. 45356. 52.1535(c)(51).
Order superseded
by Order ARD-99-
001, effective
date 11/20/2011.
VOC RACT for Textile Tapes Order ARD-96-001... 10/4/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Corporation, Gonic, NH. 11600.
Source specific NOX RACT order Order ARD-97-001... 4/14/1997 5/13/1998, 63 FR See 52.1535(c)(54).
for Public Service of New 26455.
Hampshire, Bow, NH.
Source specific NOX RACT order Order ARD-95-011... 5/6/1997 5/13/1998, 63 FR See 52.1535(c)(54).
for Hampshire Chemical 26455.
Corporation, Nashua, NH.
Source specific NOX RACT order Order ARD-97-003... 9/24/1997 5/13/1998, 63 FR See 52.1535(c)(54).
for Crown Vantage, Berlin, NH. 26455.
Source-specific NOX RACT order Order ARD-98-001... 7/17/1998 11/14/2000, 65 FR See 52.1535(c)(64).
and discrete emission reduction 68078.
protocols for Public Service of
New Hampshire.
[[Page 503]]
VOC RACT for Anheuser-Busch, Order ARD-00-001... 4/15/2002 7/23/2002, 67 FR See 52.1535(c)(68).
Merrimack, NH. 48033.
PSNH Merrimack Station........... TP-0008............ 7/8/2011 8/22/2012, 77 FR Flue Gas
50602. Desulfurization
System. Portions
of this permit
have been
superseded by TP-
0189 for PSNH d/b/
a Eversource
Energy Merrimack
Station.
Concord Litho Group.............. ARD-07-003......... 9/17/2007 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Concord, NH.
Hitchiner Manufacturing.......... ARD-02-001......... 6/21/2002 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Milford, NH.
Hutchinson Sealing Systems....... ARD-01-002......... 8/8/2002 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Newfields, NH.
Kalwall Corporation.............. ARD-99-001......... 11/20/2011 9/7/2018, 83 FR Order withdrawn
45356. from the New
Hampshire SIP.
Metal Works...................... ARD-05-001......... 12/22/2004 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Londonderry, NH.
Polyonics........................ ARD-99-001......... 12/28/2007 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Westmoreland, NH.
TFX Medical Incorporated......... ARD-07-002......... 8/7/2007 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Jaffrey, NH.
Anheuser Busch................... ARD-05-001......... 5/9/2005 11/5/2012, 77 FR Single source NOX
66388. RACT order for
facility in
Merrimack, NH.
Newington Energy, LLC............ ARD-04-001......... 6/20/2007 11/5/2012, 77 FR Single source NOX
66388. RACT order for
facility in
Newington, NH.
PSNH, Schiller Station........... ARD-06-001......... 8/4/2006 11/5/2012, 77 FR Single source NOX
66388. RACT order for
facility in
Portsmouth, NH.
Waste Management................. ARD-01-001......... 4/27/2012 11/5/2012, 77 FR Single source NOX
66388. RACT order for
facility in
Rochester, NH.
Gorham Paper and Tissue.......... Order No. ARD-97- 10/19/2012 08/21/2014, 79 FR NOX RACT order.
003. 49462.
Concord Litho Group.............. Order No. ARD-07- 12/31/2013 08/21/2014, 79 FR VOC RACT order.
003A. 49462.
Parker-Hannifin Corporation...... ARD 03-001A........ 10/22/2014 8/29/2016, 81 FR VOC RACT Order.
59141.
Textile Tapes Corporation........ ARD-96-001......... 7/30/2015 8/29/2016, 81 FR VOC RACT Order.
59141.
Watts Regulator Company.......... ARD 07-001......... 8/21/2015 8/29/2016, 81 FR VOC RACT Order.
59141.
Sturm Ruger & Company............ ARD-03-001......... 2/2/2017 3/30/2018, 83 FR VOC RACT Order, as
13668. amended February
2, 2017, except
sections D.1, and
introductory
clauses to
sections D.2,
D.3.b, D.5.a.i and
b.i.
PSNH d/b/a Eversource Energy TP-0189............ 9/1/2016 6/5/2018, 83 FR Items 1, 2, and 3
Merrimack Station. 25922. in Table 4
``Operating and
Emission Limits'';
items 1 and 2 in
Table 5
``Monitoring and
Testing
Requirements'';
items 1 and 2 in
Table 6
``Recordkeeping
Requirements'';
items 1 and 2 in
Table 7
``Reporting
Requirements''.
Diacom Corporation............... RACT Order RO-0002. 6/28/2017 9/7/2018, 83 FR VOC RACT Order.
45356.
----------------------------------------------------------------------------------------------------------------
(e) Nonregulatory.
[[Page 504]]
New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
``State of New Hampshire Statewide.......... 1/27/1972 5/31/1972, 37 FR The plan was
Implementation Plan''. 10842. officially
submitted on
January 27, 1972.
Miscellaneous non-regulatory Statewide.......... 2/23/1972 7/27/1972, 37 FR See 52.1535(c)(1).
additions to the plan correcting 15080.
minor deficiencies.
Non-regulatory provisions for Statewide.......... 3/23/1972 7/27/1972, 37 FR See 52.1535(c)(2).
retention and availability of 15080.
air quality data.
Attainment dates of national Statewide.......... 8/8/1972 9/22/1972, 37 FR See 52.1535(c)(3).
primary and secondary air 19806.
quality standards.
Compliance schedules............. Statewide.......... 2/14/1973 6/20/1973, 38 FR See 52.1535(c)(5).
16144.
Compliance schedules............. Statewide.......... 3/22/1973 6/20/1973, 38 FR See 52.1535(c)(6).
16144.
Revision exempting steam Statewide.......... 4/3/1973 12/14/1973, 38 FR See 52.1535(c)(7).
locomotives from the plan. 34476.
AQMA identification material..... Statewide.......... 5/20/1974 6/2/1975, 40 FR See 52.1535(c)(9).
23746.
Attainment plans to meet the Statewide.......... 5/29/1979 4/11/1980, 45 FR See 52.1535(c)(12).
requirements of Part D for 24869.
carbon monoxide for Metropolitan
Manchester and ozone for AQCR
121, programs for the review of
construction and operation of
new and modified major
stationary sources of pollution
in both attainment and non-
attainment areas and certain
miscellaneous provisions.
November 6, 1979 letter from New Statewide.......... 11/6/1979 4/11/1980, 45 FR See 52.1535(c)(12).
Hampshire Assistant Attorney 24869.
General.
March 17, 1980 letter addressing Statewide.......... 3/17/1980 4/11/1980, 45 FR See 52.1535(c)(12).
external emission offsets. 24869.
Attainment plans to meet the Areas designated 9/19/1979 6/23/1980, 45 FR See 52.1535(c)(13).
requirements of Part D for total non-attainment for 41942.
suspended particulates and one or more
sulfur dioxide in Berlin, NH. pollutants.
A plan to provide comprehensive Statewide.......... 2/28/1980 9/9/1980, 45 FR See 52.1535(c)(15).
public participation and an 59313.
analysis of the effects of the
New Hampshire 1979 SIP revisions.
A comprehensive air quality Statewide.......... 1/30/1980 12/18/1980, 45 FR See 52.1535(c)(17).
monitoring plan, intended to 83227.
meet requirements of 40 CFR Part
58.
A plan to attain and maintain the Statewide.......... 4/15/1980 7/15/1981, 46 FR See 52.1535(c)(18).
National Ambient Air Quality 36699.
Standard for lead and to amend
the state's air quality
standards.
[[Page 505]]
A letter further explaining the Statewide.......... 12/9/1980 7/15/1981, 46 FR See 52.1535(c)(18).
state procedures for review of 36699.
new major sources of lead
emissions and confirming the use
of reference methods.
Revisions to meet the City of Manchester. 1/12/1981 1/7/1982, 47 FR 763 See 52.1535(c)(19).
requirements of Part D and These revisions
certain other sections of the supplement the
Clean Air Act, as amended, for 1979 CO attainment
attaining carbon monoxide plan.
standards in the City of
Manchester.
Revision to the January 12, 1981 City of Manchester. 2/18/1981 1/7/1982, 47 FR 763 See 52.1535(c)(19).
CO Attainment Plan for
Manchester, NH.
Carbon monoxide attainment plan City of Manchester. 10/5/1982 6/27/1983, 48 FR See 52.1535
revisions for the City of 29479. (c)(23).
Manchester which meet the
requirements of Part D of the
Act for 1982 SIP revisions.
Revision to the October 5, 1982 City of Manchester. 12/20/1982 6/27/1983, 48 FR See 52.1535(c)(23).
CO Attainment Plan for 29479.
Manchester, NH.
The TSP Plan to attain primary Berlin, NH......... 5/9/1984 9/27/1984, 49 FR See 52.1535(c)(33).
standards in Berlin, New 38104.
Hampshire.
Letter from the New Hampshire Air Statewide.......... 4/26/1985 9/17/1987, 52 FR See 52.1535(c)(37).
Resources Commission submitting 35081.
revisions to the SIP.
Letter interpreting NH's Statewide.......... 1/20/1986 9/17/1987, 52 FR See 52.1535(c)(37).
regulation for Continuous 35081.
Emission Monitoring Systems.
NH Letter of intent to implement Statewide.......... 5/12/1987 9/17/1987, 52 FR See 52.1535(c)(37).
applicable emission limits 35081.
required by EPA's New Source
Performance Standard (NSPS).
Letter submitting a revision to Nashua and 11 9/12/1985 8/25/1988, 53 FR See 52.1535(c)(39).
the CO Attainment Plan for the surrounding towns. 32391. Attainment plans
City of Nashua, NH. for carbon
monoxide for the
City of Nashua
including an
extension of the
attainment date to
December 31, 1990.
Narrative submittals, including Nashua and 11 2/26/1985 8/25/1988, 53 FR See 52.1535(c)(39).
an attainment demonstration for surrounding towns. 32391.
carbon monoxide for the City of
Nashua.
Letter identifying extensions to Nashua and 11 12/3/1985 8/25/1988, 53 FR See 52.1535(c)(39).
the Nashua intersection-specific surrounding area. 32391.
measures (Build I).
Letter submitting final motor Nashua and 11 10/7/1986 8/25/1988, 53 FR See 52.1535(c)(39).
vehicle emissions inspection surrounding towns. 32391.
(I&M) program for the Nashua, NH
area.
[[Page 506]]
Letter from Governor John H. Nashua and 11 3/6/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Sununu to Michael R. Deland surrounding towns. 32391.
committing to take legislative
measures to convert the
Inspection/Maintenance program
in the Nashua area to the use of
computerized emission analyzers
in the event that the program is
found to not be achieving the
necessary emission reductions.
Letter from NH DES, Air Resources Nashua and 11 5/12/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Division providing additional surrounding towns. 32391.
information on Nashua
intersection-specific traffic
flow improvements in Nashua, NH
CO Attainment Plan.
Letter from NH DES, Air Resources Nashua and 11 10/15/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Division submitting additions to surrounding towns. 32391.
the Nashua, NH CO Attainment
Plan.
Letter from the New Hampshire Air Statewide.......... 7/6/1989 8/19/1994, 59 FR See 52.1535(c)(40).
Resources Division dated July 6, 42766.
1989 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide.......... 2/12/1991 8/14/1991, 56 FR See 52.1535(c)(41).
Resources Division dated 40252.
February 12, 1991 submitting a
revision to the NH SIP.
Nonregulatory portions of the Statewide.......... 2/12/1991 8/14/1991, 56 FR See 52.1535(c)(41).
State submittal. 40252.
Letter from the New Hampshire Air Statewide.......... 11/21/1989 6/13/1991, 56 FR See 52.1535(c)(43).
Resources Division dated 27197.
November 21, 1989 submitting a
revision to the NH SIP.
Letter from Robert W. Varney, Statewide.......... 11/21/1989 6/13/1991, 56 FR See 52.1535(c)(43).
Commissioner of the Department 27197.
of Environmental Services of New
Hampshire, to John B. Hammond,
Acting Director of the New
Hampshire Office of Legislative
Services, dated November 15,
1989, adopting final rules.
Letter from the New Hampshire Air Statewide.......... 9/12/1990 12/12/1991, 56 FR See 52.1535(c)(44).
Resources Division dated 64703.
September 12, 1990 submitting a
revision to the NH SIP that
withdraws nine source-specific
operating permits incorporated
by reference at 40 CFR
52.1535(c)(21), (c)(25) and
(c)(32).
[[Page 507]]
Letter from the New Hampshire Air Statewide.......... 7/2/1991 12/12/1991, 56 FR See 52.1535(c)(44).
Resources Division dated July 2, 64703.
1991 submitting documentation of
a public hearing.
Letter from the New Hampshire Air Statewide.......... 2/12/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated 36603.
February 12, 1991 submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 5/7/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated May 7, 36603.
1991 withdrawing certain portion
of the February 12, 1991 SIP
submittal.
Letter from the New Hampshire Air Statewide.......... 8/20/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated August 36603.
20, 1991 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 8/26/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated August 36603.
26, 1991 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 3/6/1992 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated March 36603.
6, 1992 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 5/6/1992 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated May 6, 36603.
1992 withdrawing certain portion
of the February 12, 1991 SIP
submittal.
Letter from the New Hampshire Air Statewide.......... 5/15/1992 1/19/1993, 58 FR See 52.1535(c)(46).
Resources Division dated May 15, 4902. Revisions to the
1992 submitting a revision to SIP consisting of
the NH SIP. amendments to
Emission Control
Methods for
Cutback and
Emulsified
Asphalt.
Letter from the New Hampshire Air Statewide.......... 5/15/1992 5/25/1993, 58 FR See 52.1535(c)(47).
Resources Division dated May 15, 29973.
1992 submitting a revision to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 12/21/1992 4/9/1997, 62 FR See 52.1535(c)(49).
Resources Division dated 17087.
December 21, 1992, submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 6/17/1994 4/9/1997, 62 FR See 52.1535(c)(49).
Resources Division dated June 17087.
17, 1994 submitting revisions to
the NH SIP.
[[Page 508]]
Letter from the New Hampshire Air Statewide.......... 7/7/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated July 7, 17087.
1995 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide.......... 9/18/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated 17087.
September 18, 1995 submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 10/18/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated October 17087.
18, 1995, submitting revisions
to the NH SIP.
Letter from the New Hampshire Air Gonic, NH.......... 12/9/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated 11600.
December 9, 1996 submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 6/28/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated June 11600.
28, 1996 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Manchester, NH..... 10/24/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated October 11600.
24, 1996 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/10/1995 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated July 11600.
10, 1995 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 12/21/1992 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated 11600.
December 21, 1992 submitting
revisions to the NH SIP.
Letter dated November 21, 1997 Statewide.......... 11/21/1997 3/10/1998, 63 FR See 52.1535(c)(51).
withdrawing Env-A 1204.06 from 11600.
the SIP submittal.
NH-DES letter dated December 13, Statewide.......... 12/13/1994 10/27/1997, 62 FR See 52.1535(c)(52).
1994, and signed by Thomas M. 55521.
Noel, Acting Director, NH DES.
State of New Hampshire Statewide.......... 12/13/1994 10/27/1997, 62 FR See 52.1535(c)(52).
Photochemical Assessment 55521.
Monitoring Stations--Network
Plan--Network Overview.
Letter from the New Hampshire Air Portsmouth-Dover- 8/29/1996 10/27/1997, 62 FR See 52.1533.
Resources Division dated August Rochester serious 55521. Revisions to the
29, 1996 submitting a revision ozone SIP for the
to the NH SIP. nonattainment purpose of
area, and the NH satisfying the
portion of the rate-of-progress
Boston-Lawrence- requirement of
Worcester serious section 182(b) and
ozone the contingency
nonattainment area. measure
requirement of
section 172(c)(9)
of the Clean Air
Act.
[[Page 509]]
Letter from the New Hampshire Air Statewide.......... 4/14/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated April 26455.
14, 1997 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Nashua, NH......... 5/6/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated May 6, 26455.
1997 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide.......... 9/24/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated 26455.
September 24, 1997 submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/27/1998 11/14/2000, 65 FR See 52.1535(c)(57).
Resources Division dated July 68078.
27, 1998 submitting a revision
to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 11/24/1992 12/7/1998, 63 FR See 52.1535(c)(58).
Resources Division dated 67405.
November 24, 1992 submitting a
revision to the New Hampshire
State Implementation Plan.
New Hampshire Department of Statewide.......... 11/24/1992 12/7/1998, 63 FR See 52.1535(c)(58).
Environmental Services ``Stage 67405.
II Equivalency Demonstration,''
dated November 1992.
Nonregulatory portions of the Statewide.......... 7/2/1993 12/7/1998, 63 FR See 52.1535(c)(58).
submittal. 67405. NH's Gasoline
Vapor Recovery
Testing Procedures
and Inspection
Manual.
Letter from the New Hampshire Air Statewide.......... 11/20/1998 1/10/2001, 66 FR See 52.1535(c)(59).
Resources Division dated 1868.
November 20, 1998 submitting a
revision to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 9/4/1998 1/10/2001, 66 FR See 52.1535(c)(59).
Resources Division dated 1868.
September 4, 1998 submitting a
revision to the NH SIP.
Document entitled ``Alternative Statewide.......... 9/4/1998 1/10/2001, 66 FR See 52.1535(c)(59).
New Hampshire Motor Vehicle 1868.
Inspection/Maintenance State
Implementation Plan Revision''
dated September 4, 1998.
Letter from the New Hampshire Air Statewide.......... 8/9/2001 10/28/2002, 67 FR See 52.1535(c)(60).
Resources Division dated August 65710.
6, 2001 submitting a revision to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 4/26/1995 10/28/2002, 67 FR See 52.1535(c)(60).
Resources Division dated April 65710.
26, 1995 submitting a revision
to the NH SIP.
Nonregulatory portions of the Statewide.......... 4/26/1995 10/28/2002, 67 FR See 52.1535(c)(60).
State submittal.. 65710.
[[Page 510]]
Document entitled ``New Hampshire Statewide.......... 7/9/1998 9/29/1999, 64 FR See 52.1535(c)(61).
Stage II Comparability 52434..
Analysis,'' prepared by the New
Hampshire Department of
Environmental Services, dated
July 1, 1998.
Letter from the New Hampshire Statewide.......... 6/7/1994 9/29/1999, 64 FR See 52.1535(c)(62).
Department of Environmental 52434..
Services dated June 7, 1994
submitting a revision to the NH
SIP.
Document entitled ``Clean Fuel Statewide.......... 6/7/1994 9/29/1999, 64 FR See 52.1535(c)(62).
Fleet Equivalency 52434..
Demonstration,'' prepared by the
New Hampshire Department of
Environmental Services, dated
May, 1994.
Letter from the New Hampshire Statewide.......... 7/10/1996 8/16/1999, 64 FR See 52.1535(c)(63).
Department of Environmental 44417.
Services dated July 10, 1996
submitting a revision to the NH
SIP.
Letter from the New Hampshire Air Statewide.......... 7/17/1998 11/14/2000, 65 FR See 52.1535(c)(64).
Resources Division dated July 68078.
17, 1998 submitting Final RACT
Order 98-001 as a revision to
the NH SIP.
Letter from the New Hampshire Statewide.......... 8/16/1999 3/9/2000, 65 FR See 52.1535(c)(65).
Department of Environmental 12476.
Services dated August 16, 1999
submitting the Low Emission
Vehicle program as a revision to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/29/1993 7/27/2001, 66 FR See 52.1535(c)(66).
Resources Division dated July 39100.
29, 1993 submitting a revision
to the New Hampshire State
Implementation Plan.
Letter from the New Hampshire Air Statewide.......... 7/2/1999 7/27/2001, 66 FR See 52.1535(c)(66).
Resources Division dated July 2, 39100.
1999 submitting a revision to
the New Hampshire State
Implementation Plan.
Letter from the New Hampshire Statewide.......... 9/11/1998 7/10/2000, 65 FR See 52.1535(c)(67).
Department of Environmental 42290.
Services dated September 11,
1998 stating a negative
declaration for the aerospace
coating operations Control
Techniques Guideline category.
[[Page 511]]
Letter from the DES, dated April Merrimack, NH...... 4/15/2002 7/23/2002, 67 FR See 52.1535(c)(68).
15, 2002, submitting revised 48033.
Anheuser-Busch order to EPA as a
SIP revision and withdrawing
previous submittal for this
facility dated June 20, 2000.
Letter from the DES, dated March Nashua, NH......... 3/22/2002 7/23/2002, 67 FR See 52.1535(c)(68).
22, 2002, containing information 48033.
on New Filcas of America.
Submittal to meet Clean Air Act State of New 1214/2007 7/8/2011, 76 FR This action
Section 110(a)(2) Infrastructure Hampshire. 40248. addresses the
Requirements for the 1997 8-Hour following Clean
Ozone National Ambient Air Air Act
Quality Standard. requirements:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H),
(J), (K), (L), and
(M).
New Hampshire Regional Haze SIP Statewide.......... 1/29/2010; 8/22/2012, 77 FR
and its supplements. supplements 50607.
submitted 1/14/
2011, 8/26/
2011
Submittal to meet Section Statewide.......... 4/3/2008; 10/16/2012, 77 FR This submittal is
110(a)(2) Infrastructure supplement 63228. approved with
Requirements for the 1997 PM2.5 submitted 7/3/ respect to the
NAAQS. 2012 following CAA
elements or
portions thereof:
110(a)(2)(B), (C)
(enforcement
program only),
(D)(i)(I),
(D)(ii), (E)(i),
(E)(iii), (F),
(G), (H), (J)
(consultation and
public
notification
only), (K), (L),
and (M).
Submittal to meet Section Statewide.......... 9/18/2009; 10/16/2012, 77 FR This submittal is
110(a)(2) Infrastructure supplement 63228. approved with
Requirements for the 2006 PM2.5 submitted 7/3/ respect to the
NAAQS. 2012 following CAA
elements or
portions thereof:
110(a)(2)(B), (C)
(enforcement
program only),
(D)(i)(I),
(D)(ii), (E)(i),
(E)(iii), (F),
(G), (H), (J)
(consultation and
public
notification
only), (K), (L),
and (M).
Negative Declarations included in Statewide.......... 7/26/2011 11/8/2012, 77 FR Includes negative
New Hampshire's State 66921. declarations for
Implementation Plan Revision for the following CTG
the 2006, 2007, and 2008 Control categories: Large
Techniques Guidelines. appliance
coatings; and
automobile and
light-duty truck
assembly coatings.
Certification for RACT for the Statewide.......... 1/28/2008 11/5/2012, 77 FR New Hampshire
1997 8-Hour Ozone Standard. 66388. submitted
documentation that
RACT requirements
were in place for
sources of VOC and
NOX for purposes
of the 1997 8-hour
ozone standard.
SIP Narrative associated with New Statewide.......... 11/17/2011 1/25/2013, 78 FR
Hampshire Vehicle Inspection and 5292.
Maintenance Program SIP Revision.
[[Page 512]]
Infrastructure SIP for 2008 ozone Statewide.......... 12/31/2012 5/25/2017, 82 FR Items that were
NAAQS. 24057. conditionally
approved on 12/16/
2015 are now fully
approved.
Infrastructure SIP for the 2008 Statewide.......... 11/7/2011 5/25/2017, 82 FR Items that were
Lead NAAQS. 24057. conditionally
approved on 12/16/
2015 are now fully
approved.
Infrastructure SIP for the 2010 Statewide.......... 1/28/2013 5/25/2017, 82 FR Items that were
NO2 NAAQS. 24057. conditionally
approved on 12/16/
2015 are now fully
approved.
Infrastructure SIP for the 2010 Statewide.......... 7/13/2013 5/25/2017, 82 FR Items that were
SO2 NAAQS. 24057. conditionally
approved on 7/8/
2016 are now fully
approved.
Infrastructure SIP for the 1997 Statewide.......... 7/3/2012 5/25/2017, 82 FR Items that were
PM2.5 NAAQS. 24057. conditionally
approved on 12/16/
2015 are now fully
approved.
Infrastructure SIP for 2006 PM2.5 Statewide.......... 9/18/2009 5/25/2017, 82 FR Items that were
NAAQS. 24057. conditionally
approved on 12/16/
2015 are now fully
approved.
Request for exemption from Merrimack Valley-- 12/31/2012 12/16/2015, 80 FR State's request for
contingency plan obligation. Southern New 78139. exemption from
Hampshire AQCR. contingency plan
obligation, made
pursuant to 40 CFR
51.122(d), is
granted in light
of the area's
designation as
unclassifiable/
attainment for the
2008 ozone NAAQS.
Regional Haze Five-Year Progress Statewide.......... 12/16/2014 10/6/2016, 81 FR
Report. 70361.
Transport SIP for the 2008 Ozone Statewide.......... Submitted 10/13/2016, 81 FR State submitted a
Standard. 11/7/2015 70632. transport SIP for
the 2008 ozone
standard which
shows it does not
significantly
contribute to
ozone
nonattainment or
maintenance in any
other state. EPA
approved this
submittal as
meeting the
requirements of
Clean Air Act
Section
110(a)(2)(D)(i)(I)
.
Transport SIP for the 1997 Ozone Statewide.......... Submitted 3/11/ 4/10/2017, 82 FR State submitted a
Standard. 2008 17124. transport SIP for
the 1997 ozone
standards which
shows it does not
significantly
contribute to
ozone
nonattainment or
maintenance in any
other state. EPA
approved this
submittal as
meeting the
requirements of
Clean Air Act
Section
110(a)(2)(D)(i)(I)
.
Transport SIP for the 2010 NO2 Statewide.......... 11/17/2015 5/25/2017, 82 FR
Standard. 24057.
Central New Hampshire Central New 1/31/2017 6/5/2018, 83 FR
Nonattainment Area Plan for the Hampshire SO2 25922.
2010 Primary 1-Hour Sulfur Nonattainment Area.
Dioxide NAAQS.
[[Page 513]]
Submittals to meet Section Statewide.......... 12/22/2015; 12/4/2018, 83 FR These submittals
110(a)(2) Infrastructure supplement 62464. are approved with
Requirements for the 2012 PM2.5 submitted 6/8/ respect to the
NAAQS. 2016 following CAA
requirements:
110(a)(2)(A), (B),
(C), (D), (E),
(F), (G), (H),
(J), (L), and (M).
Amendment to New Hampshire 2010 Statewide.......... 6/16/2017 12/17/2018 83 FR
Sulfur Dioxide NAAQS 64470.
Infrastructure SIP to Address
the Good Neighbor Requirements
of Clean Air Act Section
110(a)(2)(D)(i)(I).
----------------------------------------------------------------------------------------------------------------
[74 FR 50120, Sept. 30, 2009]
Editorial Note: For Federal Register citations affecting Sec.
52.1520, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1521 Classification of regions.
The New Hampshire plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-------------------------------------------------------------------------------
Air quality control region Particulate Nitrogen Carbon
matter Sulfur oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Androscoggin Valley Interstate.. IA III III III III
Central New Hampshire Intrastate III III III III III
Merrimack Valley--Southern New I III III III I
Hampshire Interstate...........
----------------------------------------------------------------------------------------------------------------
[37 FR 10879, May 31, 1972, as amended at 45 FR 24876, Apr. 11, 1980; 80
FR 78141, Dec. 16, 2015; 81 FR 44554, July 8, 2016]
Sec. 52.1522 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves New Hampshire's plan as identified in Sec. 52.1520 of this
subpart for the attainment and maintenance of the national standards
under section 110 of the Clean Air Act. Furthermore, the Administrator
finds the plans satisfy all requirements of Part D, Title I of the Clean
Air Act as amended in 1977, except as noted below.
(b) To insure Federal approval of State issued new source review
permits pursuant to section 173 of the Clean Air Act, the provisions of
Section V of the emission offset interpretative rule published January
16, 1979, (44 FR 3274) must be met.
[45 FR 24876, Apr. 11, 1980, as amended at 48 FR 50078, Oct. 31, 1983;
75 FR 82557, Dec. 30, 2010; 77 FR 5703, Feb. 6, 2012]
Sec. 52.1523 Attainment dates for national standards.
The following table presents the latest dates by which the national
standards are to be attained. The dates reflect the information
presented in New Hampshire's plan.
----------------------------------------------------------------------------------------------------------------
SO 2
Air quality control region -------------------------- PM 10 NO 2 CO O 3
Primary Secondary
----------------------------------------------------------------------------------------------------------------
NH portion Andoscoggin Valley a b a a a a
Interstate AQCR 107..............
Central NH Intrastate AQCR 149.... a b a a a a
NH portion Merrimack Valley-
Southern NH Interstate 121:
[[Page 514]]
Belknap County................ a b a a a a
Sullivan County............... a b a a a a
Cheshire County............... a b a a a d
Portmouth-Dover-Rochester area a b a a a e
(See 40 CFR 81.330)..........
NH portion Boston-Lawrence- a b a a a f
Worcester area (See 40 CFR
81.330)......................
Manchester area (See 40 CFR a b a a a c
81.330)......................
----------------------------------------------------------------------------------------------------------------
a. Air quality levels presently below primary standards or area is unclassifiable.
b. Air quality levels presently below secondary standards or area is unclassifiable.
c. November 15, 1993.
d. November 15, 1995.
e. November 15, 1999.
f. November 15, 2007.
[45 FR 24876, Apr. 11, 1980, as amended at 50 FR 51250, Dec. 16, 1985;
51 FR 21550, June 13, 1986; 65 FR 71065, Nov. 29, 2000; 67 FR 72575,
Dec. 6, 2002]
Sec. 52.1524 Compliance schedules.
(a) Compliance schedules for the sources identified below are
approved as meeting the requirements of subpart N of this chapter. All
regulations cited are air pollution control regulations of the State,
unless otherwise noted.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source Location Regulation involved Date of adoption Effective date Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Markem Corporation................. Keene, NH............. No. 1204.05........... Feb. 10, 1984........ Feb. 19, 1981........ July 1, 1985.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(b) The requirements of Sec. 51.262(a) of this chapter are not met
since compliance schedules with adequate increments of progress have not
been submitted for every source for which they are required.
(c) The compliance schedules for the sources identified below are
disapproved as not meeting the requirements of subpart N of this
chapter. All regulations cited are air pollution control regulations of
the State, unless otherwise noted.
----------------------------------------------------------------------------------------------------------------
Source Location Regulation involved Date of adoption
----------------------------------------------------------------------------------------------------------------
Brown Co............................. Berlin, N.H............ No. 15................. May 14, 1973.
----------------------------------------------------------------------------------------------------------------
(d) Federal compliance schedules. The compliance schedules for the
sources identified below are promulgated herein in satisfaction of the
requirements of subpart N of this chapter. All regulations cited are air
pollution control regulations ofthe State, unless otherwise noted.
----------------------------------------------------------------------------------------------------------------
Regulation Final compliance
Source Location involved Effective date date
----------------------------------------------------------------------------------------------------------------
Brown Co.:
(a) No. 11 Kraft recovery....... Berlin, N.H......... 15 Immediately......... Jan. 1973.
(b) No. 11 Kraft recovery....... ......do............ 15 ......do............ Jan. 1974.
(c) No. 8 Kraft recovery boiler ......do............ 15 ......do............ July 1974.
main stack.
(d) No. 8 Kraft recovery smelt ......do............ 15 ......do............ Dec. 1974.
tank vent.
(e) Heavy black liquor oxidation ......do............ 15 ......do............ June 1974.
(f) No. 1 lime kiln stack....... ......do............ 15 ......do............ Jan. 1973.
(g) No. 2 lime kiln stack....... ......do............ 15 ......do............ Dec. 1974.
----------------------------------------------------------------------------------------------------------------
[38 FR 12713, May 14, 1973, as amended at 38 FR 16145, June 20, 1973; 38
FR 22744, Aug. 23, 1973; 49 FR 38102, Sept. 27, 1984; 51 FR 40676,
40677, Nov. 7, 1986; 54 FR 25259, June 14, 1989]
[[Page 515]]
Sec. 52.1525 EPA-approved new Hampshire state regulations.
The following table identifies that State regulations which have
been submitted to and approved by EPA as revisions to the New Hampshire
State Implementation Plan. This table is for informational purposes only
and does not have any independent regulatory effect. To determine
regulatory requirements for a specific situation consult the plan
identified in Sec. 52.1520. To the extent that this table conflicts
with Sec. 52.1520, Sec. 52.1520 governs.
Table 52.1525--EPA-Approved Rules and Regulations \1\--New Hampshire
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date
Title/subject State citation adopted Date approved EPA Federal Register 52.1520 Explanation
chapter \2\ State citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Organizational Rules: Definitions. CH Air 100........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Sections Air 101.01-
.03; .27; .31; .50;
.52; .57; .63; .70-
.73; .76; .78; .90;
.97 and PARTs Air
102 and 103 are not
part of the approved
SIP.
7/21/83 2/01/84.............. 49 FR 3989........... (c)(28) Approved Section Air
101.74, Def. of
`process weight.'
Env-A 100............ 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Approved Sections Env-
A 101.79, Def. of
`Reasonable
Available Control
Technology' and Env-
A 101.98, Def. of
`Volatile Organic
Compound.'
12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 101
renumbered and
completely replaced;
Sections Env-A
101.21; .27; .33;
.51; .53; .58; .63;
.98; and Parts Env-A
102 and 103 are not
part of the approved
SIP.
Procedural Rules.................. CH Air 200........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Parts Air 201-204 and
Parts Air 206-210
are not part of the
approved SIP.
10/21/82 4/21/83.............. 48 FR 17077.......... (c)(24) Section Air 205.10
added.
Env-A 200............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Parts Env-A 206 and
208 and Sections Env-
A 209.01-04 are not
part of the approved
SIP.
Procedural Rules.................. Env-A 200............ 2/17/95 10/28/02............. 67 FR 65710.......... (c)(60) Approving Env-A
& 205.03 & Env-A
7/23/01 205.04 as amended 7/
23/01.
Ambient Air Quality Standards..... CH Air 300........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 304 is not
part of the approved
SIP.
Env-A 300............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 304 is not
part of the approved
SIP.
Particulate matter................ Env-A 303............ 4/21/89 8/19/94.............. 59 FR 42768.......... (c)(40) 303.01
303.015
Sulfur Content Limits in Fuels.... CH Air 400........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Section Air 402.02 is
not part of the
approved SIP.
2/20/75 3/23/84.............. 49 FR 11094.......... (c)(26) Section Air 402.02
added, raising
allowable sulfur-in-
oil limit for but 10
sources.
10/20/83 8/07/84.............. 49 FR 31415.......... (c)(29) Revision to Section
Air 402.02, raises
allowable sulfur-in-
oil limit for 5
source excluded at
(c)(26) above.
12/15/83 8/01/84.............. 49 FR 30695.......... (c)(31) Revision to Section
Air 402.02, raises
allowable sulfur-in-
oil limit for 2
sources excluded at
(c)(26) above.
4/17/86 2/02/87.............. 52 FR 3117........... (c)(35) Revision restricting
emission limits for
Dartmouth College.
1/17/85 4/15/87.............. 52 FR 12164.......... (c)(36) Revision to Section
Air 402.02, raises
allowable sulfur-in-
oil limit for James
River Corp.--
Cascade.
9/09/85 12/14/87............. 52 FR 47392.......... (c)(38) Revision to Section
Air 402.02, raises
allowable sulfur-in-
oil limit for James
River Corp.--
Groveton.
[[Page 516]]
Env-A 400............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 405
renumbered and
completely replaced;
Section Env-A 405.05
(c) and (d); and
Part Env-A 406 are
not part of the
approved SIP.
Statewide Permit System........... CH Air 600........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 609 repealed
at (c)(16).
1/26/84 3/13/85.............. 50 FR 10004.......... (c)(36) Revisions to Part Air
610.
Env-A 600............ 12/24/90 8/14/92.............. 57 FR 36606.......... (c)(45) Part Env-A 603
renumbered and
completely replaced;
Sections Env-A
603.02(p), 603.03(f)
and 603.03(g) are
not part of the
approved SIP.
Statewide Permit System........... Env-A 600............ 5/21/93 7/27/01.............. FR 39104............. (c)(66) Part Env-622
6/26/97 (formally 610)
1/29/99 Adopted NSR CAA
requirements Adopted
plantwide definition
Adopted CAA sections
173(a)(4) & (5).
Statewide Permitting System....... Env-A 600............ 7/23/01 10/28/02............. 67 FR 65710.......... (c)(60) Adding Part Env-A
623: New Hampshire's
PSD permit
requirements.
Permit Fee System................. CH Air 700........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22)
12/20/84 9/17/87.............. 52 FR 35082.......... (c)(37) Revisions to Sections
Air 704.01-.02 and
Air 706.01-.02.
Env-A 700............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45)
Testing and Monitoring............ CH Air 800........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 803 is not
part of the approved
SIP.
Env-A 800............ 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Part Env-A 804 added;
Revision to Section
Env-A 802.07.
12/24/90 8/14/91.............. 56 FR 40253.......... (c)(41) Sections Env-A 802.09-
.10 added.
12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 803 is not
part of the approved
SIP.
Testing Requirements.............. CH Air 800........... 1/17/92 5/25/93.............. 58 FR 29974.......... (c)(47) Part Env-A 805
Capture Efficiency
Test Procedures
Purpose........................... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 801. monitoring
procedures.
Testing and Monitoring for CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
Stationary Sources: General A 802. monitoring
Requirements. procedures.
VOC Testing....................... CH air 800, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 803. monitoring
procedures.
Capture Efficiency................ CH air 800, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 804. monitoring
procedures.
Continuous Emission Monitoring.... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 805. monitoring
procedures.
Testing for Diesel Engines and CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
Motor Vehicles. A 806. monitoring
procedures.
Approval of Alternate Methods..... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 807. monitoring
procedures.
Owner or Operator Obligations..... CH Air 900........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22)
Env-A 900............ 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Sections Env-A
901.021-.022 and
901.05 added;
Revision to Section
Env-A 901.02.
12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45)
Recordkeeping requirements........ CH Air 900, Part Env- 11/13/92 4/9/97............... 62 FR 17092.......... (c)(49) Adds NOX
A 901, section Env-A recordkeeping
901.06. requirements.
CH Air 900, Part Env- 11/13/92 4/9/97............... 62 FR 17092.......... (c)(49) Adds NOX reporting
A 901, section Env-A requirements.
901.07.
[[Page 517]]
Recordkeeping and Reporting by CH air 900, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping
Sources. A 901, sections and reporting
901.01, 901.03, requirements.
901.09.
Recordkeeping and Reporting by CH air 900, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping
Sources. A 901, sections and reporting
901.02, 901.04, requirements.
901.05, and 901.08.
Malfunctions and Breakdowns of Air CH air 900, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping
Pollution Control Equipment. A 902. and reporting
requirements.
Compliance Schedules.............. CH air 900, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping
A 903. and reporting
requirements.
Prevention, Abatement, and Control CH Air 1000.......... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 1002 is not
of Open Source Air Pollution. part of the approval
SIP.
Env-A 1000........... 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 1002 is
not part of the
approval SIP.
Open-Air Burning.................. Env-A 1001........... 5/19/89 8/19/94.............. 59 FR 42768.......... (c)(40) 1001.02
Prevention, Abatement, and Control CH Air 1200.......... 6/17/82 3/15/83.............. 48 FR 10830.......... (c)(22) Section Air 1201.07
of Stationary Source Air and Part Air 1206
Pollution Part. are not part of the
approved SIP.
2/19/80 10/31/83............. 48 FR 50077.......... (c)(27) Revisions to Section
1204.02(c) and
1204.21(j); Section
1204.17 added.
7/21/83 2/01/84.............. 49 FR 3989........... (c)(28) Revision to Section
Air 1204.01.
2/16/84 6/01/84.............. 49 FR 24724.......... (c)(30) Section Air
1201.05(e) added.
12/20/84 9/17/87.............. 52 FR 35082.......... (c)(37) Revisions to Sections
Air 1202.07-.09;
Section Air 1202.10
added.
Prevention, Abatement and Control CH Air 1200.......... 1/17/92 5/25/93.............. 58 FR 29974.......... (c)(47) Part Env-A Sections
of Stationary Source Air 1204.02; 1204.04;
Pollution. 1204.05 through
1204.08; 1204.14
through 1204.15.
Env-A 1200........... 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Revisions to Sections
Env-A 1204.01-.16;
Section Env-A
1204.19 added.
12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Section Env-A 1206.03
is not part of the
approved SIP.
Env-A 1200........... 1/17/92 1/19/93.............. 58 FR 4904........... (c)(46) Revisions to Section
Env-A 1204.12.
Nitrogen oxides emission limits... CH Air 1200 Part Env- 5/20/94 4/9/97............... 62 FR 17092.......... (c)(49) Adds NOX RACT
A 1211. requirements.
Stationary Sources of Volatile CH air 1204, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... c(51) Adds VOC RACT
Organic Compounds. A 1204 (except requirements.
1204.09). Limited approval
only of Env-A
1204.27
Applicability Criteria and Env-A 1204.27........ 8/21/95 7/23/02.............. 67 FR 48036.......... (c)(68) Rule fully approved
Compliance Options for for the New
Miscellaneous and Multi-category Hampshire portion of
Stationary VOC Sources. the eastern
Massachusetts
serious ozone
nonattainment area.
Source Specific Order............. Order ARD-94-001..... 5/5/95 3/10/98.............. 63 FR 11600.......... (c)(51) VOC RACT for L.W.
Packard.
Source specific order............. Order ARD-95-001..... 5/10/95 4/9/97............... 62 FR 17092.......... (c)(52) Source specific NOX
RACT order for
Groveton Paperboard
Corp., in Groveton,
NH.
[[Page 518]]
Order ARD-95-002..... 9/12/95 4/9/97............... 62 FR 17093.......... (c)(50) Source specific NOX
RACT order for
Plymouth
Cogeneration Ltd.
Partnership, in
Plymouth, NH.
Order ARD-95-003..... 9/19/95 4/9/97............... 62 FR 17093.......... (c)(50) Source specific NOX
RACT order for
Waterville Valley
Ski Area Ltd., in
Waterville Valley,
NH.
Source Specific Order............. Order ARD-95-010..... 9/10/96 3/10/98.............. 63 FR 11600.......... (c)(51) VOC RACT for Kalwall,
Manchester.
Source Specific Order............. Order ARD-96-001..... 10/4/96 3/10/98.............. 63 FR 11600.......... (c)(51) VOC RACT for Textile
Tapes.
Source specific order............. Order ARD-97-001..... 04/14/97 5/13/98.............. 63 FR 26460.......... (c)(54) Source specific NOX
RACT order for
Public Service of
New Hampshire in
Bow, NH.
Source specific order............. Order ARD-95-011..... 05/06/97 5/13/98.............. 63 FR 26460.......... (c)(54) Source specific NOX
RACT order for
Hampshire Chemical
Corporation in
Nashua, NH.
Source specific order............. Order ARD-97-003..... 9/24/97 5/13/98.............. 63 FR 26460.......... (c)(54) Source specific NOX
RACT order for Crown
Vantage in Berlin,
NH.
Source specific order............. Order ARD 98-001..... 7/17/98 11/14/00............. 65 FR 68082.......... (c)(64) Source-specific NOX
RACT order and
discrete emission
reduction protocols
for Public Service
of New Hampshire.
Source Specific Order............. Order ARD-00-001..... 4/15/02 7/23/02.............. 67 FR 48036.......... (c)(68) VOC RACT for Anheuser-
Busch.
Conformity of General Federal CH Env-A 1500, Part 4/19/96 8/16/99.............. 64 FR 44420.......... (c)(63) None.
Actions. Env-A 1502.
National Low Emission Vehicle CH air 3600.......... 7/21/99 3/9/00............... 65 FR 12480.......... (c)(65) Approval of
Program. commitment to
National Low
Emission Vehicle
Program.
NOX Budget Trading Program........ Part Env-A 3200...... 7/27/98 11/14/00............. 65 FR 68082.......... (c)(57) Approval of OTC NOX
budget and allowance
trading program.
Emission Amendments to Official NHCAR, Part Saf-C 11/17/98 1/10/01.............. 66 FR 1871 (c)(59) Part Saf-C 3221A
Motor Vehicle Inspection Req. 3221A. ``Emission
Amendments to
Official Motor
Vehicle Inspection
Requirements''
adopted on November
17, 1998;
Roadside Diesel Opacity Inspection NHCAR, Part Saf-C 11/17/98 1/10/01.............. 66 FR 1871 (c)(59) Part Saf-C 5800
Program Rules. 5800. ``Roadside Diesel
Opacity Inspection
Program Rules''
adopted on November
17, 1998.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These regulations are applicable statewide unless otherwise noted in the Explanation section.
\2\ When the New Hampshire Department of Environmental Services was established in 1987, the citation chapter title for the air regulations changed from
CH Air to Env-A.
[50 FR 767, Jan. 7, 1985]
Editorial Note: For Federal Register citations affecting Sec.
52.1525, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.1526 [Reserved]
Sec. 52.1527 Rules and regulations.
(a) [Reserved]
(b) The following elements are not part of the approved SIP:
(1) Intergovernmental consultations
(2) Public notification
(3) Conflict of Interest
(4) Non-SIP regulations' numbers listed below:
Chapter Env-A 100: Sections Env-A 101.21, .27,
.33, .51, .53, .58., .63 and
98; and Parts Env-A 102-103
Chapter Env-A 200: Part Env-A 206; Part Env-A
208; and Sections 209.01-.04
Chapter Env-A 300: Part Env-A 304
[[Page 519]]
Chapter Env-A 400: Section Env-A 405.05(c)-(d)
and Part Env-A 406
Chapter Env-A 500: Parts Env-A 501-506
Chapter Env-A 600: Sections Env-A 603.02(p),
603.03(f)-(g)
Chapter Env-A 800: Part Env-A 803
Chapter Env-A 1000: Part Env-A 1002