[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Rules and Regulations]
[Pages 19886-19891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8405]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2009-0052; FRL-9136-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Wyoming; Revisions to the Wyoming Air Quality Standards and Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving two State Implementation Plan revisions 
submitted by the State of Wyoming on September 11, 2008. Wyoming has 
revised its Air Quality Standards and Regulations, specifically Chapter 
1, Section 5, Unavoidable equipment malfunction, and Chapter 1, Section 
6, Credible evidence. Because these revisions conform to the Clean Air 
Act and EPA regulations, EPA is approving the revisions with the 
intention of making them Federally enforceable. EPA is taking this 
action under section 110 of the Clean Air Act.

DATES: This rule is effective on June 15, 2010 without further notice, 
unless EPA receives adverse comment by May 17, 2010. If adverse comment 
is received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2009-0052, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection 
Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. Such deliveries are only accepted Monday 
through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays. 
Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2009-0052. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://

[[Page 19887]]

www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. 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. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional instructions on submitting comments, go to 
Section I. General Information of the SUPPLEMENTARY INFORMATION section 
of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. EPA requests that if at all possible, you 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view the hard copy of the docket. You may view the hard copy 
of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kathy Dolan, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. 303-312-6142, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Background of Wyoming's Submissions
III. EPA's Review of Wyoming's Submissions
IV. Consideration of Section 110(l) of the CAA
V. Final Action
VI. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Wyoming mean the State of Wyoming, unless 
the context indicates otherwise.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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 public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Background of Wyoming's Submissions

    On September 11, 2008 the State of Wyoming submitted to EPA two 
formal revisions to Wyoming's State Implementation Plan (SIP). These 
revisions amend Wyoming's Air Quality Standards and Regulations. In 
particular, Wyoming has revised Chapter 1, Common Provisions, Section 
5, Unavoidable equipment malfunction, and has added a new section--
Section 6, Credible evidence--to Chapter 1.

A. Chapter 1, Common Provisions, Section 5, Unavoidable Equipment 
Malfunction

    Wyoming has revised its unavoidable equipment malfunction rule in 
response to a series of EPA actions. On November 16, 2000, the 
Administrator of the EPA issued an order granting in part a petition to 
object to Wyoming's issuance of a Title V permit. In the Matter of: 
Pacificorp's Jim Bridger and Naughton Electric Utility Steam Generating 
Plants, Petition No. VIII-00-1 (Nov. 16, 2000). In the order, the 
Administrator directed EPA's regional office in Denver (EPA Region 8) 
to review Wyoming's Abnormal Conditions and Equipment Malfunction rule. 
On November 1, 2002, in another Title V petition order, the 
Administrator repeated this direction. In the Matter of: Title V Permit 
for Buckingham Lumber Company, Buckingham Lumber Mill, Petition No. 
VIII-2002-01 (Nov. 1, 2002). After completing its review, EPA Region 8 
identified for Wyoming deficiencies in the rule. Letter from Richard R. 
Long, Director, Air and Radiation Program, EPA Region 8, to Dan Olson, 
Administrator, Wyoming's Department of Environmental Quality (Jan. 30, 
2003). EPA Region 8 noted that the rule did not conform to Clean Air 
Act requirements to protect National Ambient Air Quality Standards 
(NAAQS) and Prevention of Significant Deterioration (PSD) increments. 
Specifically, the rule allowed an exemption from enforcement for excess 
emissions that occurred during malfunctions and certain other 
conditions. EPA's interpretation was and continues to be that the Clean 
Air Act requires that all periods of excess emissions be treated as 
violations that cannot be exempted from enforcement. EPA therefore 
requested that the rule be revised.
    On November 16, 2005, the Environmental Quality Council of the 
Wyoming Department of Environmental Quality approved a revision to the 
Abnormal Conditions and Equipment Malfunction rule. The revision 
removed

[[Page 19888]]

the existing automatic exemption and replaced it with enforcement 
discretion provisions for excess emissions caused by malfunctions. The 
revision became State-effective January 30, 2006. On September 11, 
2008, the Governor of the State of Wyoming submitted the revision to 
Region 8.

B. Chapter 1, Common Provisions, Section 6, Credible Evidence

    Wyoming has added the credible evidence section to its rules in 
response to an EPA SIP call. On February 24, 1997, EPA revised its rule 
governing the use of credible evidence in enforcement actions. 62 FR 
8314. In parallel, EPA directed its Regional Offices to conduct a SIP 
call to States in order to ensure consistency with the revised credible 
evidence rule. On October 20, 1999, EPA Region 8 issued a SIP call to 
Wyoming. In a letter from EPA Regional Administrator William P. 
Yellowtail notifying Wyoming of the SIP call, EPA stated that the 
Wyoming SIP did not comply with sections 110(a)(2)(A) and (C) of the 
CAA because the SIP could be interpreted to limit the types of credible 
evidence or information that could be used for determining compliance 
and establishing violations.
    On October 23, 2000, the Environmental Quality Council of the 
Wyoming Department of Environmental Quality approved revisions to the 
Wyoming Air Quality Standards and Regulations, including the addition 
of a provision (Chapter 1, Common Provisions, Section 6, Credible 
evidence) allowing for the use of credible evidence in enforcement 
actions. The added provision became State-effective December 8, 2000. 
On September 11, 2008, the Governor of the State of Wyoming submitted 
the revision to Region 8.

III. EPA's Review of Wyoming's Submissions

    To determine if Wyoming's submissions should be approved by EPA, 
EPA must evaluate the submissions for consistency with the CAA and EPA 
regulations.

A. Revision to Chapter 1, Common Provisions, Section 5, Unavoidable 
Equipment Malfunction

    EPA's interpretations of the Act regarding excess emissions caused 
by equipment malfunctions are contained in several documents. Most 
relevant to this action are the following documents: A memorandum dated 
September 28, 1982, from Kathleen M. Bennett, Assistant Administrator 
for Air, Noise, and Radiation, entitled ``Policy on Excess Emissions 
During Startup, Shutdown, Maintenance, and Malfunctions''; a 
clarification to that memorandum from Kathleen M. Bennett issued on 
February 15, 1983; and a memorandum entitled ``State Implementation 
Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, 
and Shutdown,'' from Steven A. Herman, Assistant Administrator for 
Enforcement and Compliance Assurance, and Robert Perciasepe, Assistant 
Administrator for Air and Radiation, dated September 20, 1999.\1\
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    \1\ The relevant interpretations were not affected by a 
subsequent memorandum titled ``Reissuance of Clarification--State 
Implementation Plans (SIPs): Policy Regarding Excess Emissions 
During Malfunctions, Startup, and Shutdown,'' dated December 5, 
2001, from Eric Schaeffer, Director, Office of Regulatory 
Enforcement, Office of Enforcement and Compliance Assurance, and 
John S. Seitz, Director, Office of Air Quality Planning and 
Standards, Office of Air and Radiation.
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    As explained in these memoranda, excess emissions are those air 
emission levels that exceed any applicable emission limitation. Because 
excess emissions might aggravate air quality so as to prevent 
attainment and maintenance of the NAAQS or jeopardize the PSD 
increments, EPA views all periods of excess emissions as violations of 
the applicable emission limitation. Therefore, EPA will disapprove all 
SIP revisions that automatically exempt from enforcement excess 
emissions claimed to result from an equipment malfunction. In addition, 
EPA will disapprove SIP revisions that give discretion to a state 
director to determine whether an instance of excess emissions is a 
violation of an emission limitation, because such a determination could 
bar EPA and citizens from enforcing applicable requirements.
    Instead, under EPA's interpretations, if a state chooses to address 
violations for excess emissions that occur as a result of claimed 
malfunctions, the state may take two approaches. The first, the 
``enforcement discretion'' approach, allows a state director to refrain 
from taking enforcement action for a violation if certain criteria are 
met. The second, the ``affirmative defense'' approach, allows a source 
to avoid penalties if it can prove that certain conditions are met.
    Wyoming has selected the enforcement discretion approach. Under 
this approach, the state director, in evaluating whether to exercise 
discretion to decline enforcement for a violation caused by an 
unavoidable malfunction, should consider whether the following criteria 
have been satisfied:
    1. To the maximum extent practicable the air pollution control 
equipment, process equipment, or processes were maintained and operated 
in a manner consistent with good practice for minimizing emissions;
    2. Repairs were made in an expeditious fashion when the operator 
knew or should have known that applicable emission limitations were 
being exceeded. Off-shift labor and overtime must have been utilized, 
to the extent practicable, to ensure that such repairs were made as 
expeditiously as practicable;
    3. The amount and duration of the excess emissions (including any 
bypass) were minimized to the maximum extent practicable during periods 
of such emissions;
    4. All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality; and
    5. The excess emissions are not part of a recurring pattern 
indicative of inadequate design, operation, or maintenance.
    We have evaluated Wyoming's enforcement discretion provisions for 
excess emissions caused by unavoidable equipment malfunctions. The 
provisions are consistent with EPA's interpretations of the CAA as 
described in the memoranda above. Specifically, Chapter 1, Common 
Provisions, section 5(b) gives the Wyoming Air Quality Division 
discretion when deciding whether to ``pursue enforcement after 
considering whether excess emissions resulted from an unavoidable 
equipment malfunction.'' The Division is to make this decision by 
evaluating, on a case-by-case basis, information to be submitted by the 
source after an incident. The information submitted by the source and 
considered by the Division is defined in section 5(a)(i)(A) and 
generally parallels the criteria outlined in the Kathleen Bennett 
memoranda discussed above. The source has the burden to provide 
sufficient information to demonstrate that the Division should use its 
discretion.
    EPA's memoranda also discuss a point not explicitly addressed in 
Wyoming's new rule. There is no language in the new rule explicitly 
stating that, even when the Division exercises its discretion and 
declines enforcement, that exercise of discretion does not bar EPA or 
any citizen from taking an enforcement action for the violation. 
However, there is also no language in the new rule explicitly creating 
such a bar. EPA therefore interprets the rule, consistent with EPA's 
interpretations of the CAA, as not barring EPA and citizen enforcement 
for violation of applicable requirements when the Division declines

[[Page 19889]]

enforcement. Under this interpretation, the new rule is consistent with 
the CAA. EPA is therefore approving the revisions to Chapter 1, Common 
Provisions, Section 5.

B. Addition to Chapter 1, Common Provisions, Section 6, Credible 
Evidence

    On February 24, 1997, EPA promulgated regulations under sections 
113(a) and 113(e)(1) of the CAA clarifying the use of non-reference 
test data--``credible evidence''--in enforcement actions and compliance 
certifications. 62 FR 8314. In particular, the regulations prohibit 
state implementation plans from precluding the use of credible 
evidence. The regulations state: ``For the purpose of submitting 
compliance certifications or establishing whether or not a person has 
violated or is in violation of any standard in this part, the plan must 
not preclude the use, including the exclusive use, of any credible 
evidence or information, relevant to whether a source would have been 
in compliance with applicable requirements if the appropriate 
performance or compliance test or procedure had been performed.'' 40 
CFR 51.212(c).
    EPA has reviewed Wyoming's new credible evidence rule. The new rule 
mirrors the language in 40 CFR 51.212(c) quoted above and provides for 
the use of credible evidence in enforcement actions and compliance 
certifications. Therefore, it is consistent with the CAA and EPA 
regulations. As a result, EPA is approving the addition of the new 
credible evidence rule, Chapter 1, Common Provisions, Section 6, 
Credible evidence, into Wyoming's SIP.

IV. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the Clean Air Act, EPA cannot approve a SIP 
revision if the revision would interfere with any applicable 
requirements concerning attainment and reasonable further progress 
toward attainment of the NAAQS or any other applicable requirement of 
the Act. The Wyoming SIP revisions that EPA approves today do not 
interfere with attainment of the NAAQS or any other applicable 
requirement of the Act. The first revision removes a provision from the 
Wyoming SIP that provided an outright exemption from emission limits 
during malfunctions. In place of the exemption, the SIP now provides--
in accordance with the CAA--that the Wyoming Air Quality Division may 
exercise its enforcement discretion after considering whether excess 
emissions resulted from an unavoidable equipment malfunction. In the 
absence of the previous automatic exemption, sources will now have a 
greater incentive to comply with their emission limits, which will 
protect the NAAQS and increments to a greater degree than under the 
previous rule. The second revision, providing for use of credible 
evidence, also protects the NAAQS and increments to a greater degree by 
allowing for enhanced enforcement of emissions limits. Therefore, 
section 110(l) requirements are satisfied.

V. Final Action

    EPA is approving SIP revisions that Wyoming submitted on September 
11, 2008. The Environmental Quality Council of the Wyoming Department 
of Environmental Quality adopted revisions to Chapter 1, Common 
Provisions, Section 5, Unavoidable equipment malfunction on November 
16, 2005; these revisions became State-effective on January 30, 2006. 
The Council added Chapter 1, Common Provisions, Section 6, Credible 
evidence, to the Wyoming Air Quality Standards and Regulations on 
October 23, 2000; this addition became State-effective on December 8, 
2000.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments; we are merely approving changes to Wyoming's air 
rules that conform to the CAA and EPA regulations. However, in the 
``Proposed Rules'' section of today's Federal Register publication, 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 June 15, 2010 without further notice unless the Agency 
receives adverse comments by May 17, 2010. If the EPA receives adverse 
comments, 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. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time. Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

VI. Statutory and Executive Order Reviews

    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 approves a State rule 
implementing a Federal standard.
    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

[[Page 19890]]

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.).
    The Congressional Review Act, 5 U.S.C. section 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. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    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 June 15, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 1, 2010.
Carol L. Campbell,
Acting Deputy Regional Administrator, Region 8.

0
40 CFR part 52 is amended to read 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 ZZ--Wyoming

0
2. Section 52.2620 is amended by revising paragraph (b)(3); and the 
table in paragraph (c)(1) is amended under Chapter 1 by revising the 
entry for Section 5 and adding an entry for Section 6 to read as 
follows:


Sec.  52.2620  Identification of plan.

* * * * *
    (b) * * *
    (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; the Environmental 
Protection Agency, Air and Radiation Docket and Information Center, Air 
Docket (6102), 1200 Pennsylvania Ave., NW., 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/cfr/ibr-locations.html.
    (c) * * *
    (1) * * *

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                                                      State adopted and    EPA approval date
         State citation            Title/subject        effective date      and citation \1\      Explanation
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 1
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 5......................  Unavoidable            11/16/05, 1/30/06  4/16/10 [Insert
                                  Equipment                                 FR page number
                                  Malfunction.                              where document
                                                                            begins].
Section 6......................  Credible Evidence      10/23/00, 12/8/00  4/16/10 [Insert
                                                                            FR page number
                                                                            where document
                                                                            begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.


[[Page 19891]]

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[FR Doc. 2010-8405 Filed 4-15-10; 8:45 am]
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