[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Rules and Regulations]
[Pages 12074-12079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5637]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA133-5066a; FRL-7635-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Revisions to Regulations for General Compliance Activities 
and Source Surveillance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Virginia State Implementation Plan (SIP). The revisions update certain 
requirements related to applicability, compliance, testing and 
monitoring to be consistent with Federal requirements and EPA policy. 
EPA is approving these revisions in accordance with the requirements of 
the Clean Air Act.

DATES: This rule is effective on May 14, 2004 without further notice, 
unless EPA receives adverse written comment by April 14, 2004. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Electronic comments should be sent either to [email protected] or 
to http://www.regulations.gov, which is an alternative method for 
submitting electronic comments to EPA. To submit comments, please 
follow the detailed instructions described in Part III of the 
Supplementary Information section. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; 
and the Virginia Department of Environmental Quality, 629 East Main 
Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Kathleen Anderson, (215) 814-2173, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 1, 2003, the Virginia Department of Environmental Quality 
(DEQ) submitted formal revisions to the Commonwealth's State 
Implementation Plan (SIP). On December 16, 2003, the DEQ submitted a 
minor technical correction to the July 1, 2003 submittal. The SIP 
revisions consist of amendments to existing regulations that implement 
general compliance and source surveillance activities such as emission 
testing, emission monitoring, recordkeeping, reporting activities. In 
general, these revisions update requirements to be consistent with 
Federal requirements and allow for electronic submittal of information 
where appropriate.

II. Summary of the SIP Revisions

    These SIP revisions amend definitions and regulations covering 
special provisions for existing and new and modified air pollutant 
sources. With the exception of the definition of the term ``Initial 
performance test'' these amendments to Virginia's regulations were 
effective in the Commonwealth on August 1, 2002. The definition of 
``Initial performance test'' as adopted on August 1, 2002 had a minor 
technical error. The correction to the definition was adopted on 
November 5, 2003 and became effective January 1, 2004 in the 
Commonwealth.
    (A) 9 VAC 5 Chapter 10. General Definitions: The general provisions 
in 9 VAC 5-10-10 have been amended to clarify citations and to require 
that where differences between the general definitions and definitions 
in major divisions of the regulations occur, the latter will prevail. 
The following definitions in 9 VAC 5-10-20 have been modified: 
``Affected facility,'' ``Delayed compliance order,'' ``Excessive 
concentration,'' ``Federally enforceable,'' ``Malfunction,'' ``Public

[[Page 12075]]

hearing,'' ``Reference test method,'' ``Reid vapor pressure,'' 
``Stationary source,'' ``True vapor pressure,'' ``Vapor pressure'' and 
``Volatile organic compound.'' Substantive modifications include 
changes to the definitions of the terms: ``Malfunction'' to clarify 
that failure of air pollution equipment caused by poor maintenance or 
careless operation will not be considered a malfunction; ``Federally 
enforceable'' to clarify that it applies to those limits and conditions 
enforceable by the Administrator of EPA and citizens under the Clean 
Air Act; ``Reference method'' to include reference to Appendix M of 40 
CFR part 51; and ``Volatile Organic Compound'' to exempt those 
compounds exempted by EPA's Federal definition.
    The following terms have been added to the definitions in 9 VAC 5-
10-20: ``EPA'', ``Initial emissions test'', ``Initial performance 
test'' (correction adopted November 5, 2003 and effective January 1, 
2004 in the Commonwealth), ``Maintenance area'' and ``Section 111(d) 
plan''. These definitions are consistent with Federal regulations. The 
term ``Air quality maintenance area'' has been removed.
    (B) 9 VAC 5 Chapters 40, Part I. Special Provisions for Existing 
Stationary Sources and 9 VAC 5 Chapter 50, Part I. Special Provisions 
for Existing Stationary Sources: Non-substantive revisions to these 
chapters include clarifications on applicability, updated regulatory 
citations, allowances for submitting reports and documents 
electronically, and syntax improvements. The substantive changes that 
are common to both Chapter 40 and Chapter 50 include:
    9 VAC 5-40-20 and 5-50-20: Subparagraph 20.A of both chapters has 
been revised to allow the use of alternative or equivalent methods to 
determine compliance with Federal requirements only when approved by 
the Administrator of EPA. The affected Federal requirements include but 
are not limited to new source performance standards, Federal operating 
permits, implementation plans, section 111(d) plans, Federal 
construction permits or construction permits issued under regulations 
approved by EPA, and operating permits issued under programs approved 
by EPA in the SIP. These changes appropriately limit discretionary 
changes to be consistent with Federal requirements. Subparagraph 20.G 
of both chapters has been revised to require opacity observations 
concurrent with initial performance tests following certain criteria 
and conditions. Where no performance test is required, a source must 
conduct opacity observations within 60 days after achieving the maximum 
production rate. A continuous opacity monitor may be used provided 
certain protocols are used. These provisions strengthen the opacity 
requirements in the SIP. Finally, subparagraphs 20.H and 20.I of 
chapters 40 and 50 respectively, add provisions to allow the use of any 
credible evidence or information for determining compliance with the 
requirements in these chapters.
    9 VAC 5-40-30 and 5-50-30: Subparagraph 30.A of both chapters has 
been modified to specify that appropriate reference test methods shall 
be used for emission testing unless the Board allows, in advance, an 
equivalent method, an alternative method, a waiver from testing on the 
Board's belief that the source is in compliance with the standard, or a 
shorter sampling time and volume as necessary. On their face, these new 
provisions would grant a level of discretionary authority that EPA 
would find objectionable. However, 9 VAC 5-40-20 and 5-50-20, 
subparagraph 20.A.2 provide that alternative or equivalent methods for 
determining compliance with Federal requirements must be approved by 
the EPA Administrator. Subparagraph F.1 of both chapters has been 
modified to set conditions to ensure that sampling ports shall be 
adequate for applicable test methods. This modification clarifies and 
supports the SIP with respect to sampling port requirements.
    9 VAC 5-40-50 and 5-50-50: Subparagraph A of both chapters has been 
modified to add a requirement that the Board have no less than 30 days 
notification for opacity observations. Subparagraph C has been modified 
to add a requirement for semi-annual reporting for owners that install 
continuous monitoring systems unless more frequent reporting is 
required by an emission standard or the Board determines that more 
frequent reporting is necessary.
    These revisions strengthen the SIP by clarifying and updating 
definitions and source surveillance requirements related to new or 
modified and existing sources of air pollution. The revisions also 
require EPA review of alternative emission limits and allow the use of 
any credible evidence or information for determining compliance.
    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information (1) that are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
that are prepared independently of the assessment process; (3) that 
demonstrate a clear, imminent and substantial danger to the public 
health or environment; or (4) that are required by law.
    On January 12, 1997, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by Federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
Federally authorized environmental programs in a manner that is no less 
stringent than their Federal counterparts. * * *'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by Federal law to maintain program delegation, authorization or 
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that 
``[t]o the extent consistent with requirements imposed by Federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1997 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any Federally authorized

[[Page 12076]]

programs, since ``no immunity could be afforded from administrative, 
civil, or criminal penalties because granting such immunity would not 
be consistent with Federal law, which is one of the criteria for 
immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
program consistent with the Federal requirements. In any event, because 
EPA has also determined that a state audit privilege and immunity law 
can affect only state enforcement and cannot have any impact on Federal 
enforcement authorities, EPA may at any time invoke its authority under 
the Clean Air Act, including, for example, sections 113, 167, 205, 211 
or 213, to enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the Clean Air Act is likewise 
unaffected by this, or any, state audit privilege or immunity law.

III. Final Action

    EPA is approving the revisions to 9 VAC 5 Chapters 10, 40 and 50 of 
Virginia's Regulations for the Control and Abatement of Air Pollution, 
submitted by Virginia on July 1, 2003 and December 16, 2003. EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on May 14, 2004 without further notice 
unless EPA receives adverse comment by April 14, 2004. If EPA receives 
adverse comment, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. EPA 
will address all public comments in a subsequent final rule based on 
the proposed rule. EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number VA133-5066 in the subject line on the first page 
of your comment. Please ensure that your comments are submitted within 
the specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], attention VA133-5066. EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulations.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in the official public rulemaking file. The entire printed 
comment, including the copyrighted material, will be available at the 
Regional Office for public inspection.

Submittal of CBI Comments

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.

[[Page 12077]]

    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant. In reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the Clean Air Act. In this context, in the absence 
of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission that otherwise satisfies the provisions of 
the Clean Air Act. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 14, 2004.
    Filing a petition for reconsideration by the Administrator of this 
final rule approving amendments to the ``Special Provisions'' chapters 
of Virginia's Regulations for the Control and Abatement of Air 
Pollution does not affect the finality of this rule for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: March 2, 2004.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Section 52.2420, the table in paragraph (c) is amended:
0
a. Under Chapter 10 by revising the entry for 5-10-10 and by adding an 
entry for 5-10-20 after the existing entry for 5-10-20.
0
b. Under Chapter 40 by revising entries 5-40-10, 5-40-20, 5-40-30, 5-
40-40 and 5-40-50.
0
c. Under Chapter 50 by revising entries 5-50-10, 5-50-20, 5-50-30, 5-
50-40 and 5-50-50.


Sec.  52.2420  Identification of plan.

* * * * *
    (c) EPA approved regulations.

[[Page 12078]]



                                  EPA-Approved Regulations in the Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                     State effective
   State citation  (9 VAC 5)       Title/subject           date        EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
CHAPTER 10                                                 GENERAL DEFINITIONS [PART I]
--------------------------------
5-10-10........................  General..........  August 1, 2002...  March 15, 2004     Revised paragraphs A,
                                                                        [Federal           B, C and added new
                                                                        Register page      paragraph D.
                                                                        citation].
--------------------------------
 
                                                  * * * * * * *
5-10-20........................  Terms Defined....  August 1, 2002...  March 15, 2004     Terms Added: EPA,
                                                                        [Federal           Initial emissions
                                                                        Register page      test, Initial
                                                                        citation].         performance test (as
                                                                                           corrected 11/05/03
                                                                                           and effective 01/01/
                                                                                           04 in the
                                                                                           Commonwealth),
                                                                                           Maintenance area.
                                                                                          Terms Revised:
                                                                                           Affected facility,
                                                                                           Delayed compliance
                                                                                           order, Excessive
                                                                                           concentration,
                                                                                           Federally
                                                                                           enforceable,
                                                                                           Malfunction, Public
                                                                                           hearing, Reference
                                                                                           method, Reid vapor
                                                                                           pressure, Stationary
                                                                                           source, True vapor
                                                                                           pressure, Vapor
                                                                                           pressure.
                                                                                          Terms Removed: Air
                                                                                           Quality Maintenance
                                                                                           Area.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
 
 
 
 
 
 
 
PART I                                                          SPECIAL PROVISIONS
--------------------------------
5-40-10........................  Applicability....  August 1, 2002...  March 15, 2004     Modified paragraphs A
                                                                        [Federal           through C, added
                                                                        Register page      paragraph D.
                                                                        citation].
5-40-20........................  Compliance.......  August 1, 2002...  March 15, 2004     Added new paragraph
                                                                        [Federal           A.2 and revised re-
                                                                        Register page      numbered paragraph
                                                                        citation].         A.3. New paragraph
                                                                                           A.4 is not included
                                                                                           in the SIP revision.
                                                                                           Added new paragraph
                                                                                           G, revised paragraphs
                                                                                           H, H.1, H.1.b through
                                                                                           e, H.2, H.2.b through
                                                                                           e, and added new
                                                                                           paragraph J.
5-40-30........................  Emissions Testing  August 1, 2002...  March 15, 2004     Revised paragraph A.
                                                                        [Federal           Revisions to
                                                                        Register page      paragraph C not
                                                                        citation].         included in SIP
                                                                                           revision. Revised
                                                                                           paragraph F.1.
5-40-40........................  Monitoring.......  August 1, 2002...  March 15, 2004     Revised paragraph B,
                                                                        [Federal           and D.1 and added
                                                                        Register page      D.12.
                                                                        citation].
5-40-50........................  Notification,      August 1, 2002...  March 15, 2004     Added new paragraph
                                  records and                           [Federal           A.3. Revised
                                  reporting.                            Register page      paragraph C, C.1, D,
                                                                        citation].         E and F.
 
                                                  * * * * * * *
--------------------------------
CHAPTER 50                                         NEW AND MODIFIED STATIONARY SOURCES [PART V]
PART I                                                          SPECIAL PROVISIONS
--------------------------------
5-50-10........................  Applicability....  August 1, 2002...  March 15, 2004     Modified paragraphs B
                                                                        [Federal           and D, added
                                                                        Register page      paragraphs E and F.
                                                                        citation].
5-50-20........................  Compliance.......  August 1, 2002...  March 15, 2004     Added new paragraph
                                                                        [Federal           A.2. and revised re-
                                                                        Register page      numbered paragraphs
                                                                        citation].         A.3 through A.5.
                                                                                           Added new paragraph
                                                                                           G, revised paragraph
                                                                                           H, H.2, H.2a, H.3,
                                                                                           H.4 and added new
                                                                                           paragraph I.
5-50-30........................  Performance        August 1, 2002...  March 15, 2004     Revised paragraph A.
                                  Testing.                              [Federal           Revisions to
                                                                        Register page      paragraph C not
                                                                        citation].         included in SIP
                                                                                           revision. Revised
                                                                                           paragraph F.1.
5-50-40........................  Monitoring.......  August 1, 2002...  March 15, 2004     Revised paragraph E.1
                                                                        [Federal           and added E.10.
                                                                        Register page
                                                                        citation].
5-50-50........................  Notification,      August 1, 2002...  March 15, 2004     Added new paragraph
                                  records and                           [Federal           A.6. and Revised
                                  reporting.                            Register page      paragraph C, C.1, D,
                                                                        citation].         E and F.
 
                                                  * * * * * * *
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[[Page 12079]]

[FR Doc. 04-5637 Filed 3-12-04; 8:45 am]
BILLING CODE 6560-50-P