[Code of Federal Regulations]
[Title 40, Volume 4, Parts 52 (Section 52.1019 to end]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR52]
[Page 5-781]
                   TITLE 40--PROTECTION OF ENVIRONMENT
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED)
                            Subpart U--Maine
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.
                           Subpart V--Maryland
52.1070  Identification of plan.
52.1071  Classification of regions.
52.1072  Conditional approval.
52.1073  Approval status.
52.1074  Legal authority.
52.1075  1990 base year emission inventory.
52.1076  Control strategies: ozone.
52.1077  Source surveillance.
52.1078  [Reserved]
52.1079  Requirements for state implementation plan revisions relating
          to new motor vehicles.
52.1080  Photochemical Assessment Monitoring Stations (PAMS) Program.
52.1081-52.1109  [Reserved]
52.1110  Small business stationary source technical and environmental
          compliance assistance program.
52.1111-52.1112  [Reserved]
52.1113  General requirements.
52.1114-52.1115  [Reserved]
52.1116  Significant deterioration of air quality.
52.1117  Control strategy: Sulfur oxides.
52.1118  Approval of bubbles in nonattainment areas lacking approved
          demonstrations: State assurances.
                        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.
52.1129-52.1130  [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.
52.1148-52.1159  [Reserved]
52.1160  Requirements for state implementation plan revisions relating
          to new motor vehicles.
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  [Reserved]
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.
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.
[[Page 6]]
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.
                          Subpart Y--Minnesota
52.1219  Identification of plan--conditional approval.
52.1220  Identification of plan.
52.1221  Classification of regions.
52.1222  EPA-approved Minnesota State regulations
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  [Reserved]
52.1236  Visibility protection.
52.1237  Control strategy: Carbon monoxide.
                         Subpart Z--Mississippi
52.1270  Identification of plan.
52.1271  Classification of regions.
52.1272  Approval status.
52.1273  [Reserved]
52.1275  Legal authority.
52.1276  [Reserved]
52.1277  General requirements.
52.1278  Control strategy: Sulfur oxides and particulate matter.
52.1279  [Reserved]
52.1280  Significant deterioration of air quality.
52.1281  Original identification of plan section.
                          Subpart AA--Missouri
52.1319  Identification of plan--Conditional approval.
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.
52.1326-52.1334  [Reserved]
52.1335  Compliance schedules.
52.1336-52.1338  [Reserved]
52.1339  Visibility protection.
52.1340  Control strategy: Carbon monoxide.
                           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  [Reserved]
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.
                          Subpart CC--Nebraska
52.1420  Identification of plan.
52.1421  Classification of regions.
52.1422  Approval status.
52.1423  PM<INF>10</INF> 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.
52.1428-52.1435  [Reserved]
52.1436  Significant deterioration of air quality.
                           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  Control strategy and regulations: Sulfur oxides.
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.
[[Page 7]]
                        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  [Reserved]
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.
                         Subpart FF--New Jersey
52.1570  Identification of plan.
52.1571  Classification of regions.
52.1572  Extensions.
52.1573  Approval status.
52.1574  General requirements.
52.1575  Legal authority.
52.1576  Control strategy: Nitrogen dioxide.
52.1577  Compliance schedules.
52.1578  Review of new sources and modifications.
52.1579  Intergovernmental cooperation.
52.1580   Conditional approval.
52.1581  [Reserved]
52.1582  Control strategy and regulations: Ozone (volatile organic
          substances) and carbon monoxide.
52.1583  Requirements for state implementation plan revisions relating
          to new motor vehicles.
52.1584-52.1600  [Reserved]
52.1601  Control strategy and regulations: Sulfur oxides.
52.1602  [Reserved]
52.1603  Significant deterioration of air quality.
52.1604  Control strategy and regulations: Total suspended particulates.
52.1605  EPA-approved New Jersey regulations.
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.
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  Visibility protection.
52.1637  Particulate Matter (PM<INF>10</INF>) Group II SIP commitments.
52.1638  Bernalillo County particulate matter (PM<INF>10</INF>) 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 plans.
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  EPA-approved New York State regulations.
52.1680  Control strategy: Monitoring and reporting.
52.1681  Control strategy: Lead.
52.1682  [Reserved]
52.1683  Control strategy: Ozone.
52.1684-52.1688  [Reserved]
52.1689  Significant deterioration of air quality.
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  [Reserved]
52.1780  VOC rule deficiency correction.
52.1781  Control strategy: Sulfur oxides and particulate matter.
52.1783  Original identification of plan section.
                        Subpart JJ--North Dakota
52.1820  Identification of plan.
52.1821  Classification of regions.
52.1822  Approval status.
52.1823  [Reserved]
[[Page 8]]
52.1824  Review of new sources and modifications.
52.1825-52.1828  [Reserved]
52.1829  Prevention of significant deterioration of air quality.
52.1831  Visibility protection.
52.1832  Stack height regulations.
52.1833  [Reserved]
52.1834  Minor source permit to operate program.
52.1835  Change to approved plan.
                            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  [Reserved]
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  Compliance schedules.
52.1883  [Reserved]
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  Removed control measures.
52.1919  Identification of plan-conditional approval.
                          Subpart LL--Oklahoma
52.1920  Identification of plan.
52.1921  Classification of regions.
52.1922  Approval status.
52.1923-52.1928  [Reserved]
52.1929  Significant deterioration of air quality.
52.1930  [Reserved]
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.
                           Subpart MM--Oregon
52.1970  Identification of plan.
52.1971  Classification of regions.
52.1972  Approval status.
52.1973-52.1976  [Reserved]
52.1977  Content of approved State submitted implementation plan.
52.1978-52.1981  [Reserved]
52.1982  Control strategy: Ozone.
52.1983-52.1984  [Reserved]
52.1985  Rules and regulations.
52.1986  [Reserved]
52.1987  Significant deterioration of air quality.
52.1988  Air contaminant discharge permits.
                        Subpart NN--Pennsylvania
52.2020  Identification of plan.
52.2021  Classification of regions.
52.2022  Extensions.
52.2023  Approval status.
52.2024  General requirements.
52.2025  Legal authority.
52.2026  Conditional approval.
52.2027-52.2029  [Reserved]
52.2030  Source surveillance.
52.2031  [Reserved]
52.2032  Intergovernmental cooperation.
52.2033  Control strategy: Sulfur oxides.
52.2034  Attainment dates for national standards.
52.2035  Photochemical Assessment Monitoring Stations (PAMS) Program.
52.2036  1990 Baseyear Emission Inventory.
52.2037  Control strategy: Carbon monoxide and ozone (hydrocarbons).
52.2038-52.2053  [Reserved]
52.2054  Control of asphalt paving material.
52.2055  Review of new sources and modifications.
52.2056  [Reserved]
52.2057  Requirements for State implementation plan revisions relating
          to new motor vehicles.
52.2058  Prevention of significant air quality deterioration.
52.2059  Control strategy: Particulate matter.
52.2060  Small Business Assistance Program.
52.2061  Operating permits.
52.2062  Plan approvals.
                        Subpart OO--Rhode Island
52.2070  Identification of plan.
52.2071  Classification of regions.
52.2072  Approval status.
52.2073  General requirements.
52.2074  Legal authority.
52.2075  Source surveillance.
52.2076  Attainment dates for national standards.
52.2078  Enforcement.
52.2079  Requirements for state implementation plan revisions relating
          to new motor vehicles.
52.2080  Revisions.
52.2081  EPA-approved Rhode Island State regulations.
52.2082  [Reserved]
52.2083  Significant deterioration of air quality.
[[Page 9]]
52.2084  Rules and regulations.
52.2085  Stack height review.
52.2086  Emission inventories.
52.2087  Original identification of plan section.
                       Subpart PP--South Carolina
52.2120  Identification of plan.
52.2121  Classification of regions.
52.2122  Approval status.
52.2124  Legal authority.
52.2125  [Reserved]
52.2126  VOC rule deficiency correction.
52.2127-52.2129  [Reserved]
52.2130  Control strategy: Sulfur oxides and particulate matter.
52.2131  Significant deterioration of air quality.
52.2132  Visibility protection.
52.2133  General conformity.
52.2134  Original identification of plan section.
                        Subpart QQ--South Dakota
52.2170  Identification of plan.
52.2171  Classification of regions.
52.2172  Approval status.
52.2173  Legal authority.
52.2174-52.2177  [Reserved]
52.2178  Significant deterioration of air quality.
52.2179  Visibility protection.
52.2180  Stack height regulations.
52.2181  [Reserved]
52.2182  PM<INF>10</INF> Committal SIP.
52.2183  Variance provision.
52.2184  Operating permits for minor sources.
                          Subpart RR--Tennessee
52.2219  [Reserved]
52.2220  Identification of plan.
52.2221  Classification of regions.
52.2222  Approval status.
52.2223  Compliance schedules.
52.2224  Legal authority.
52.2225  VOC rule deficiency correction.
52.2226  Extensions.
52.2227  Prevention of air pollution emergency episodes.
52.2228  Review of new sources and modifications.
52.2229  Rules and regulations.
52.2230  Attainment dates for national standards.
52.2231  Control strategy: Sulfur oxides and particulate matter.
52.2232  [Reserved]
52.2233  Significant deterioration of air quality.
52.2234  Visibility protection.
52.2235  Control strategy: Ozone.
52.2236  Control strategy; lead.
52.2237  NO<INF>X</INF> RACT and NO<INF>X</INF> conformity exemption.
52.2238  [Reserved]
52.2239  Original identification of plan section.
                            Subpart SS--Texas
52.2270  Identification of plan.
52.2271  Classification of regions.
52.2272  [Reserved]
52.2273  Approval status.
52.2274  General requirements.
52.2275  Control strategy and regulations: Ozone.
52.2276  Control strategy and regulations: Particulate matter.
52.2277-52.2281  [Reserved]
52.2282  Public hearings.
52.2283-52.2284  [Reserved]
52.2285  Control of evaporative losses from the filling of gasoline
          storage vessels in the Houston and San Antonio areas.
52.2286  Control of evaporative losses from the filling of gasoline
          storage vessels in the Dallas-Fort Worth area.
52.2287-52.2298  [Reserved]
52.2299  Original identification of plan section.
52.2300  [Reserved]
52.2301  Federal compliance date for automobile and light-duty truck
          coating. Texas Air Control Board Regulation V (31 TAC chapter
          115), control of air pollution from volatile organic compound,
          rule 115.191(1)(8)(A).
52.2302  [Reserved]
52.2303  Significant deterioration of air quality.
52.2304  Visibility protection.
52.2305  [Reserved]
52.2306  Particulate Matter (PM<INF>10</INF>) Group II SIP commitments.
52.2307  Small business assistance program.
52.2308  Area-wide nitrogen oxides (NO<INF>X</INF>) exemptions.
52.2309  Emissions inventories.
52.2311  Motor vehicle antitampering.
                            Subpart TT--Utah
52.2320  Identification of plan.
52.2321  Classification of regions.
52.2322  [Reserved]
52.2323  Approval status.
52.2324-52.2330  [Reserved]
52.2331  Attainment dates for national standards.
52.2332  Control Strategy: Ozone.
52.2333  Legal authority.
52.2334-52.2345  [Reserved]
52.2346  Significant deterioration of air quality.
52.2347  Stack height regulations.
52.2348  National Highway Systems Designation Act Motor Vehicle
          Inspection and Maintenance (I/M) Programs.
52.2350  Emission inventories.
52.2351  Area-wide nitrogen oxides (NO<INF>x</INF>) exemption.
[[Page 10]]
                           Subpart UU--Vermont
52.2370  Identification of plan.
52.2371  Classification of regions.
52.2372  Approval status.
52.2373  Legal authority.
52.2374  General requirements.
52.2375  Attainment dates for national standards.
52.2377  Review of new sources and modifications.
52.2378  Certification of no facilities.
52.2379  [Reserved]
52.2380  Significant deterioration of air quality.
52.2381  EPA-approved Vermont State regulations.
52.2382  Rules and regulations.
52.2383  Visibility protection.
52.2384  Stack height review.
52.2385  Requirements for state implementation plan revisions relating
          to new motor vehicles.
                          Subpart VV--Virginia
52.2420  Identification of plan.
52.2421  Classification of regions.
52.2422  [Reserved]
52.2423  Approval status.
52.2424  Motor vehicle emissions budgets.
52.2425  1990 Base Year Emission Inventory.
52.2426  Photochemical Assessment Monitoring Stations (PAMS) Program.
52.2427  Source surveillance.
52.2428  Control Strategy: Carbon monoxide and ozone.
52.2429-52.2432  [Reserved]
52.2433  Intergovernmental cooperation.
52.2434-52.2435  [Reserved]
52.2436  Rules and regulations.
52.2437-52.2449  [Reserved]
52.2450  Conditional approval.
52.2451  Significant deterioration of air quality.
52.2452  Visibility protection.
52.2453  Requirements for state implementation plan revisions relating
          to new motor vehicles.
52.2454  Prevention of significant deterioration of air quality for
          Merck & Co., Inc.'s Stonewall Plant in Elkton, VA.
52.2460  Small business stationary source technical and environmental
          compliance assistance program.
52.2465  Original identification of plan section.
                         Subpart WW--Washington
52.2470  Identification plan.
52.2471  Classification of regions.
52.2472  Extensions.
52.2473  Approval status.
52.2474  General requirements.
52.2475  [Reserved]
52.2476  Discretionary authority.
52.2477-52.2478  [Reserved]
52.2479  Contents of the federally approved, State submitted
          implementation plan.
52.2480-52.2494  [Reserved]
52.2495  Voluntary limits on potential to emit.
52.2496  [Reserved]
52.2497  Significant deterioration of air quality.
52.2498  Visibility protection.
                        Subpart XX--West Virginia
52.2520  Identification of plan.
52.2521  Classification of regions.
52.2522  Approval status.
52.2523  Attainment dates for national standards.
52.2524  Compliance schedules.
52.2525  Control strategy: Sulfur dioxide.
52.2526-52.2527  [Reserved]
52.2528  Significant deterioration of air quality.
52.2529-52.2530  [Reserved]
52.2531  1990 base year emission inventory.
52.2532  [Reserved]
52.2533  Visibility protection.
52.2534  Stack height review.
52.2560  Small business technical and environmental compliance
          assistance program.
                          Subpart YY--Wisconsin
52.2569  Identification of plan--conditional approval.
52.2570  Identification of plan.
52.2571  Classification of regions.
52.2572  Approval status.
52.2573  General requirements.
52.2574  Legal authority.
52.2575  Control strategy: Sulfur dioxide.
52.2576  [Reserved]
52.2577  Attainment dates for national standards.
52.2578  Compliance schedules.
52.2579-52.2580  [Reserved]
52.2581  Significant deterioration of air quality.
52.2582-52.2583  [Reserved]
52.2584  Control strategy; Particulate matter.
52.2585  Control strategy: Ozone.
52.2586  Small business stationary source technical and environmental
          compliance assistance program.
                           Subpart ZZ--Wyoming
52.2620  Identification of plan.
52.2621  Classification of regions.
52.2622  Approval status.
52.2623-52.2624  [Reserved]
52.2625  Compliance schedules.
52.2626-52.2629  [Reserved]
52.2630  Prevention of significant deterioration of air quality.
52.2631  [Reserved]
[[Page 11]]
52.2632  Visibility protection. [Reserved]
52.2633  Stack height regulations.
52.2634  Correction of approved plan.
                            Subpart AAA--Guam
52.2670  Identification of plan.
52.2671  Classification of regions.
52.2672  Approval status.
52.2673-52.2675  [Reserved]
52.2676  Significant deterioration of air quality.
52.2677  [Reserved]
52.2678  Control strategy and regulations: Particulate matter.
52.2679  Control strategy and regulations: Sulfur dioxide.
52.2680-52.2681  [Reserved]
52.2682  Air quality surveillance.
52.2683  [Reserved]
52.2684  Source surveillance.
52.2685  [Reserved]
52.2686  Upset-breakdown reporting.
                        Subpart BBB--Puerto Rico
52.2720  Identification of plan.
52.2721  Classification of regions.
52.2722  Approval status.
52.2723  EPA--approved Puerto Rico regulations.
52.2724  [Reserved]
52.2725  General requirements.
52.2726  Legal authority.
52.2727-52.2728  [Reserved]
52.2729  Significant deterioration of air quality.
52.2730  [Reserved]
52.2731  Control strategy and regulations: Sulfur oxides.
52.2732  Small business technical and environmental compliance
          assistance program.
                       Subpart CCC--Virgin Islands
52.2770  Identification of plan.
52.2771  Classification of regions.
52.2772  Approval status.
52.2773  EPA-approved Virgin Islands regulations.
52.2774  [Reserved]
52.2775  Review of new sources and modifications.
52.2776-52.2778  [Reserved]
52.2779  Significant deterioration of air quality.
52.2780  Control strategy for sulfur oxides.
52.2781  Visibility protection.
52.2782  Small business technical and environmental compliance
          assistance program.
                       Subpart DDD--American Samoa
52.2820  Identification of plan.
52.2821  Classification of regions.
52.2822  Approval status.
52.2823  [Reserved]
52.2824  Review of new sources and modifications.
52.2825-52.2826  [Reserved]
52.2827  Significant deterioration of air quality.
             Subpart EEE--Approval and Promulgation of Plans
52.2850  Approval and promulgation of implementation plans.
        Subpart FFF--Commonwealth of the Northern Mariana Islands
52.2900  Negative declaration.
52.2920  Identification of plan.
Appendices A-C to Part 52  [Reserved]
Appendix D to Part 52--Determination of Sulfur Dioxide Emissions from
          Stationary Sources by Continuous Monitors
Appendix E to Part 52--Performance Specifications and Specification Test
          Procedures for Monitoring Systems for Effluent Stream Gas
          Volumetric Flow Rate
Appendix F to Part 52--Clean Air Act Section 126 Petitions From Eight
          Northeastern States: Named Source Categories and Geographic
          Coverage
                            Subpart U--Maine
Sec. 52.1019  Identification of plan--conditional approval.
    (a) The following plan revisions were submitted on the dates
specified.
    (1) On November 1, 1993 the Maine Department of Environmental
Protection submitted a revision to the State Implementation Plan (SIP)
for an enhanced Inspection and Maintenance (I/M) program in
Androscoggin, Cumberland, Kennebec, Knox, Lincoln, Sagadahoc, and York
counties. This submittal was supplemented by a letter dated May 26, 1994
describing additional changes Maine is making to the I/M program, and a
commitment to provide additional material by July 22, 1994. On July 21,
1994, Maine submitted a revised submission. In these submissions, the
State submitted adequate legal and regulatory authority to establish and
implement an I/M program which meets the requirements of the Clean Air
Act by September 1, 1995.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection
dated November 1, 1993, May 26, 1994
[[Page 12]]
and July 21, 1994 submitting a revision to the Maine State
Implementation Plan.
    (B) The ``Motor Vehicle Emission Inspection Program'' regulation at
Chapter 128 of the Department of Environmental Protection regulations
effective June 28, 1994.
    (C) Title 38, Chapter 28, Motor Vehicle Inspection Program, and
Title 29, Section 102-C, Motor Vehicle Inspection Requirement for
Vehicle Registration, which are state law citations authorizing the
above regulation, both effective June 30, 1992 and revised effective
October 13, 1993.
    (ii) Additional materials. Nonregulatory, administrative portions of
the November 1, 1993, May 26, 1994, and July 21, 1994 submissions to the
Maine State Implementation Plan.
    (b) [Reserved]
[59 FR 55053, Nov. 3, 1994]
Sec. 52.1020  Identification of plan.
    (a) Title of plan: ``Implementation Plan for the Achievement of
National Air Quality Standards.''
    (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.
    (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 SO<INF>2</INF> 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.
[[Page 13]]
    (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 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
[[Page 14]]
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 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
SO<INF>2</INF> 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
[[Page 15]]
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 NO<INF>2</INF> 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
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) ``PM<INF>10</INF> 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
[[Page 16]]
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.
    (C) Chapter 137 of the Maine Department of Environmental Protection
Regulations, ``Emission Statements'' 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 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
[[Page 17]]
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 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 PM<INF>10</INF> 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 NO<INF>X</INF> 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.
[[Page 18]]
    (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 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.
[[Page 19]]
    (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.
[37 FR 10870, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1020, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
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.
    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.
[45 FR 10774, Feb. 19, 1980, as amended at 60 FR 33734, June 29, 1995]
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
[[Page 20]]
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 NO<INF>X</INF> 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 (NO<INF>X</INF>), nonattainment area new source review
(NSR) for new sources and modifications that are major for
NO<INF>X</INF>, and the applicable NO<INF>X</INF>-related requirements
of the general and transportation conformity provisions.
[60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995]
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             SO<INF>2</INF>
                                                         --------------------  PM-10     NO<INF>2</INF>       CO       O<INF>3</INF>
                                                          Primary  Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 107:
    Androscoggin County.................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>g</SUP>)
    Kennebec County.....................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>g</SUP>)
    Knox County.........................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>g</SUP>)
    Lincoln County......................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>g</SUP>)
    Waldo County........................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>d</SUP>)
    Oxford Cnty. (Part) See 40 CFR 81.320...............      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>e</SUP>)
    Franklin Cnty. (Part) See 40 CFR 81.320.............      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>e</SUP>)
    Somerset Cnty. (Part) See 40 CFR 81.320.............      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>e</SUP>)
AQCR 108:
    Aroostook Cnty. (Part) See 40 CFR 81.320............      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>c</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)
    Remainder of AQCR...................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)
AQCR 109:
    Hancock County......................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>d</SUP>)
    Millinocket.........................................      (<SUP>e</SUP>)       (<SUP>e</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)
    Remainder of AQCR...................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)
AQCR 110:
    York County.........................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>g</SUP>)
    Cumberland County...................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>g</SUP>)
    Sagadahoc County....................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>g</SUP>)
    Oxford Cnty. (Part) See 40 CFR 81.320...............      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>e</SUP>)
AQCR 111................................................      (<SUP>a</SUP>)       (<SUP>b</SUP>)       (<SUP>a</SUP>)      (<SUP>a</SUP>)      (<SUP>a</SUP>)     (<SUP>a</SUP>)
----------------------------------------------------------------------------------------------------------------
<SUP>a</SUP> Air quality levels presently below primary standards or area is unclassifiable.
<SUP>b</SUP> Air quality levels presently below secondary standards or area is unclassifiable.
<SUP>c</SUP> 12/31/94.
<SUP>d</SUP> 11/15/94 (one-year extension granted).
<SUP>e</SUP> 11/15/95.
<SUP>g</SUP> 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
[[Page 21]]
Sec. 52.1023 for compliance schedule approvals and disapprovals
pertaining to one or more of the sources below.)
------------------------------------------------------------------------
                                                  Regulation     Date of
           Source                 Location         involved     adoption
------------------------------------------------------------------------
All sources subject to        Maine..........  100.3.1(b).....   3/29/73
 Regulation 100.3.1(b) with
 a maximum heat input from
 three million up to but not
 including ten million Btu
 per hour.
------------------------------------------------------------------------
    (b) The revision to the incinerator particulate emission standard
submitted on August 26, 1976 is disapproved because of provisions
therein which would interfere with the attainment and maintenance of
national ambient air quality standards.
    (c) The revision to the incinerator particulate emission standard
submitted on November 18, 1976 is disapproved because of provisions
therein which would interfere with the attainment and maintenance of
national ambient air quality standards.
    (d) The revision to the open burning regulation submitted on
December 7, 1976 is disapproved because of provisions therein which
would interfere with the attainment and maintenance of national ambient
air quality standards.
[38 FR 22474, Aug. 21, 1973, as amended at 43 FR 14964, Apr. 10, 1978;
43 FR 15424, Apr. 13, 1978; 47 FR 6830, Feb. 17, 1982]
Sec. 52.1026  Review of new sources and modifications.
    The program to review operation and construction of new and modified
major stationary sources in non-attainment areas is approved as meeting
the requirements of part D as amended by the CAAA of 1990.
[45 FR 10775, Feb. 19, 1980, as amended at 61 FR 5694, Feb. 14, 1996]
Sec. 52.1027  Rules and regulations.
    (a) Part D--Conditional Approval.
    (b) Non-Part D--No Action. EPA is neither approving nor disapproving
the following elements of the revisions identified in
Sec. 52.1020(C)(10):
    (1) Intergovernmental consultation.
    (2) Interstate pollution notification requirements.
    (3) Public notification requirements.
    (4) Conflict of Interest requirements.
    (5) Permit fees.
[45 FR 10775, Feb. 19, 1980, as amended at 45 FR 59314, Sept. 9, 1980]
Sec. 52.1028  [Reserved]
Sec. 52.1029  Significant deterioration of air quality.
    The program to review operation and construction of new and modified
major stationary sources in attainment areas is approved as meeting the
requirements of Part C.
[45 FR 6786, Jan. 30, 1980]
Sec. 52.1030  Control strategy: Sulfur oxides.
    (a) The revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel
Regulation'' for the Metropolitan Portland Air Quality Control Region,
submitted by the Governor of Maine on August 25, 1977, is approved with
the exception of paragraph 100.6.5(b) which allows the Commissioner of
the Department of Environmental Protection to grant variances to
Regulation 100.6.
[47 FR 948, Jan. 8, 1982]
Sec. 52.1031  EPA-approved Maine regulations.
    The following table identifies the State regulations which have been
submitted to and approved by EPA as revisions to the Maine State
Implementation Plan. This table is for informational purposes only and
does not have any independent regulatory effect. To determine regulatory
requirements for a specific situation consult the plan identified in
Sec. 52.1020. To the extent that this table conflicts with
Secs. 52.1020, 52.1020 governs.
[[Page 22]]
                                Table 52.1031--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
                                  Date        Date
   State       Title/Subject   adopted by   approved    Federal Register    52.1020
  citation                        State      by EPA         citation
----------------------------------------------------------------------------------------------------------------
Chapter:
  1........  Regulations for     02/08/84    03/23/93  58 FR 15430......  (c)(26)...   Portions of chapter 1.
              the Processing
              of
              Applications..
  100......  ................      5/7/79      1/3/80  45 FR 6784.......  (c)(10)...  PSD Plan Only.
  100......  Definitions         12/24/79     2/19/80  45 FR 10766......  (c)(11)...  ..........................
              Regulations.
                                   2/6/80                                             ..........................
  100......  Definitions.....     10/3/89     3/23/93  58 FR 15430......  (c)(26)...  All except for the
                                                                                       definition of VOC in
                                                                                       chapter 100(76). Note
                                                                                       that this definition is
                                                                                       approved in another
                                                                                       paragraph below. In
                                                                                       addition, Maine withdrew
                                                                                       the definition of fuel
                                                                                       burning equipment in
                                                                                       chapter 100(29) from its
                                                                                       SIP submittal. This
                                                                                       definition is approved in
                                                                                       another paragraph below.
             ................  ..........  ..........  .................  (c)(27)...  Approval of definition of
                                                                                       VOC in chapter 100(76)
                                                                                       only.
  100......  Definitions         11/26/91     6/21/93  58 FR 33768......  (c)(31)...  Revised ``volatile organic
              Regulations.                                                             compound (VOC)'' and
                                                                                       ``federally
                                                                                       enforceable.'' Added
                                                                                       ``particulate matter
                                                                                       emissions'' and ``PM<INF>10</INF>
                                                                                       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.
  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).......  ..........................
  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 23]]
  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 NO<INF>2</INF> 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.
  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
                                                                                       NO<INF>2</INF>.
  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.                                                         PM<INF>10</INF>.
  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.
  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 NO<INF>2</INF>
                                                                                       increments requirements.
[[Page 24]]
  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        9/27/89     5/30/90  55 FR 20603......  (c)(25)...  ..........................
              Fuel Volatility
              Limit.
  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.
  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.
  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.
  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.
[[Page 25]]
  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.
  137......  Emission            11/10/93     1/10/95  60 FR 2526.......  (c)(34)...
              Statements.
  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.).
141........  Conformity of        9/11/96   September  62 FR 49611......  (c)(44)...  ``Chapter 141: Conformity
              General Federal                23, 1997                                  of General Federal
              Actions.                                                                 Actions''.
----------------------------------------------------------------------------------------------------------------
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, as amended at 50 FR 7770, Feb. 26, 1985; 51
FR 45886, Dec. 23, 1986; 52 FR 3117, Feb. 2, 1987; 54 FR 11525, Mar. 21,
1989; 55 FR 20603, May 18, 1990; 57 FR 3948, Feb. 3, 1992; 58 FR 15282,
Mar. 22, 1993; 58 FR 15430, Mar. 23, 1993; 58 FR 33768, June 21, 1993;
59 FR 12855, Mar. 18, 1994; 59 FR 31157, June 17, 1994; 60 FR 2526, Jan.
10, 1995; 60 FR 2887, Jan. 12, 1995; 60 FR 33734, June 29, 1995; 60 FR
45059, Aug. 30, 1995; 60 FR 66755, Dec. 26, 1995; 61 FR 5694, Feb. 14,
1996; 61 FR 53639, Oct. 15, 1996; 62 FR 49611, Sept. 23, 1997; 65 FR
20753, Apr. 18, 2000]
[[Page 26]]
Sec. 52.1033  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 meeting
all of the requirements of 40 CFR 51.302 or 51.306 for the protection of
visibility in mandatory class I Federal areas.
    (b)  [Reserved]
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated into the applicable plan for the State of Maine.
[52 FR 45138, Nov. 24, 1987, as amended at 58 FR 15431, Mar. 23, 1993]
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]
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). 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 NO<INF>X</INF>] for the Hancock and Waldo
counties ozone maintenance area to be used in determining transportation
conformity.
[62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997]
                           Subpart V--Maryland
Sec. 52.1070  Identification of plan.
    (a) Title of plans:
    (1) ``Plan for Implementation of Ambient Air Quality Standards in
Cumberland, Maryland-Keyser, West Virginia, Interstate Air Quality
Control Region.''
    (2) ``Plan for Implementation of Ambient Air Quality Standards in
the Central Maryland Intrastate Air Quality Control Region.''
    (3) ``Plan for Implementation of Ambient Air Quality Standards in
the Metropolitan Baltimore Intrastate Air Quality Control Region.''
    (4) ``Plan for Implementation of Ambient Air Quality Standards in
the Maryland portion of the National Capital Interstate Air Quality
Control Region.''
[[Page 27]]
    (5) ``Plan for Implementation of Ambient Air Quality Standards in
the Southern Maryland Intrastate Air Quality Control Region.''
    (6) ``Plan for Implementation of Ambient Air Quality Standards in
the Eastern Shore Intrastate Air Quality Control Region.''
    (b) The plans were officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Miscellaneous non-regulatory additions and errata to the plan
submitted on February 25, 1972, by the Maryland Bureau of Air Quality
Control.
    (2) Clarification of emission data submitted on March 3, 1972, by
the Maryland Bureau of Air Quality Control.
    (3) Final State emission limitations, Regulations 10.03.35-10.03.41
of the Maryland Air Pollution Control Regulations, submitted on April 4,
1972, by the Maryland Bureau of Air Quality Control.
    (4) Miscellaneous non-regulatory corrections and additions to the
plan submitted on April 28, 1972, by the Maryland Bureau of Air Quality
Control.
    (5) Miscellaneous non-regulatory corrections and additions to the
plan submitted on May 8, 1972, by the Maryland Bureau of Air Quality
Control.
    (6) Revision establishing unsuitable sites for construction of power
plants submitted July 27, 1972, by the Maryland Department of Natural
Resources.
    (7) Transportation control plan for Metropolitan Baltimore and
National Capital AQCR Submitted on April 16, 1973, by the Governor.
    (8) Amendments to the Maryland Transportation Control Plans
submitted on May 5, 1973, by the Governor.
    (9) Amendments to the Maryland Transportation Control Plans
submitted on June 15, 1973, by the Governor.
    (10) Amendments to the Maryland Transportation Control Plans
submitted on June 22, 1973, by the Governor.
    (11) Amendments to the Maryland Transportation Control Plans
submitted on June 28, 1973, by the Governor.
    (12) Amendments to the Maryland plan for attainment and maintenance
of secondary SO<INF>2</INF> standard for Metropolitan Baltimore AQCR
submitted on July 31, 1973, by the Governor.
    (13) Amendment to Maryland regulations 10.03.38.04J and 10.03.39.04J
covering gasoline handling vapor control submitted on April 24, 1974, by
the Governor of Maryland.
    (14) Request for regulations 10.03.38.06G(2) and 10.03.39.06G(2) to
be withdrawn from consideration submitted on November 29, 1974, by the
Governor of Maryland.
    (15) Amendments to Maryland Regulations 10.03.36, 10.03.37,
10.03.39, 10.03.40 and 10.03.41; deleting subsection .04B(3), which
requires the lowering of the allowable sulfur-in-fuel limitation to 0.5
percent submitted on December 11, 1974 by the Governor.
    (16) Amendment to Sections .04J(1) and .04J(2) of Maryland
Regulations 10.03.38 and 10.03.39 (vapor recovery, Stage I); submitted
on April 24, 1974, and amended on July 1, 1975 by the Governor.
    (17) Amendment to Sections .04B(1) and .04B(2) of Maryland
Regulations 10.03.37, 10.03.40 and 10.03.41 (allowable sulfur content in
fuel); submitted on July 1, 1975 by the Governor.
    (18) Amendment to Maryland Regulation 10.03.38, deleting subsection
.04B(3), which requires the lowering of the allowable sulfur-in-fuel
limitation to 0.5 percent, submitted on December 11, 1974 by the
Governor.
    (19) Amendments to Sections .03 (Air Pollution Episode System), .06
(Test Methods) and .11 (Permits); and deletion of Section .04 (Prior
Registration of Proposed Installations) of Maryland Regulation 10.03.35
(Regulations Governing Air Pollution Control in the State of Maryland);
amendments to Sections .03 (Control of Particulate Emissions), .04
(Control and Prohibition of oxides of nitrogen emissions), and
associated tables of Maryland Regulations 10.03.36, 10.03.37, 10.03.40,
and 10.03.41 (Regulations Governing Air Pollution Control in the
Cumberland-Keyser, Central Maryland, Southern Maryland, and Eastern
Shore AQCRs); amendments to Sections .03 (Control and Prohibition of
Particulate Emissions), .04 (Control and Prohibition of Hydrocarbons
andOxides of Nitrogen
[[Page 28]]
Emissions) and .06 (Control and Prohibition of Installations and
Operations) and associated tables of Maryland Regulations 10.03.38 and
10.03.39 (Regulations Governing Air Pollution Control in the
Metropolitan Baltimore and National Capital AQCRs); submitted on April
24, 1974 by the Governor.
    (20) Amendments to Sections .01 (Definitions), .04 (Ambient Air
Quality Standards (former Section .05 of Regulations)), 10.03.36 through
10.03.41 (Regulations Governing Control of Air Pollution in the State of
Maryland); amendments to Sections .01 (Control and Prohibition of Open
Burning), .02 (Control and Prohibition of Particulate Emissions), .03
(Control and Prohibition of Sulfur Oxides, Hydrocarbons and Oxides of
Nitrogen Emissions), and .06 (Control and Prohibition of Installations
and Operations) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40,
and 10.03.41 (Regulations Controlling Air Pollution in the Cumberland-
Keyser, Central Maryland, Southern Maryland and Eastern Shore AQCRs);
amendments to Section .02 (Control and Prohibition of Visible
Emissions), .03 (Control and Prohibition of sulfur oxides, hydrocarbons,
and oxides of nitrogen emissions), and .06 (Control and Prohibition of
Installations and Operations) of Maryland Regulations 10.03.38 and
10.03.39 (Regulations Controlling Air Pollution in the Metropolitan
Baltimore and National Capital AQCRs); submitted on December 11, 1974 by
the Governor.
    (21) Amendments to Section .11 (Permits) of Maryland Regulation
10.03.35 (Regulations Governing Control of Air Pollution in the State of
Maryland); amendments to Section .04 (Control and prohibition of sulfur
oxides emissions) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40
and 10.03.41 (Regulations Governing Air Pollution Control in the
Cumberland-Keyser, Central Maryland, Southern Maryland and Eastern Shore
AQCR's); deletion of Section .03D(1) (Control of particulate matter from
grain drying installations) from Maryland Regulations 10.03.36,
10.03.37, 10.03.40 and 10.03.41; deletion of Section .03D (Control of
particulate matter from grain drying installations) from Maryland
Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution
Control in the Metropolitan Baltimore and National Capital AQCR's)
submitted by the Governor on July 1, 1975.
    (22) A Consent Order for the Chalk Point power plant issued by the
Circuit Court for Montgomery County on February 27, 1978.
    (23) Amendments to Sections .01 (Definitions), .03 (Air Pollution
Episode System), .06 (Test Methods) and .12 (Emission Test Methods); and
deletion of Section .08 (Penalties and Plans for Compliance) of
Regulation 10.03.35 (Regulations Governing Air Pollution Control in the
State of Maryland); amendments to Table 1 (Emission Standards for New
Fuel Burning Equipment) of Maryland Regulations 10.03.36 through
10.03.41; amendments to Section .04 (Control and Prohibition of Gas and
Vapor Emissions) and .06 (Control and Prohibition of Installations and
Operations; and deletion of Section. .03E (Process Weight Requirements)
and .07 (Transition from Previous Regulations) of Maryland Regulation
10.03.38 (Regulation Governing Air Pollution Control in the Metropolitan
Baltimore AQCR); amendments to Section .01 (Control of Open Fires) and
.04 (Control of Gas and Vapor Emissions; and deletion of Sections .03E
(Process Weight Requirements) and .07 (Transition from Previous
Regulations) of Maryland Regulation 10.03.39 (Regulation Governing Air
Pollution Control in the Maryland Portion of the National Capital
Interstate AQCR) submitted on February 10, 1977 by the Governor.
    (24) Amendments to Maryland Regulation 10.03.35 through 10.03.41
inclusive which supplement the English System measurement with
equivalent metric units submitted on February 10, 1977 by the Governor.
    (25) Consent Order dated July 28, 1978 between the Potomac Electric
Power Company and the Department of Health and Mental Hygiene of the
State of Maryland in the Circuit Court for Montgomery County (No.
49352--Equity) submitted on August 8, 1978 by Acting Governor Blair Lee.
    (26) Consent Orders for Beall Jr./Sr. High School and Mount St.
Mary's College issued by the Secretary of the Maryland Department of
Health and
[[Page 29]]
Mental Hygiene on January 30, 1979 and March 8, 1979 respectively.
    (27) Amendments to Sections .01, .07, and .11 of Maryland Regulation
10.18.01 as submitted on January 19, 1979 by the Governor.
    (28) Amendments to Sections .03D, .03F, .03H, .06I of Maryland
Regulation 10.18.04 and 10.18.05 as submitted on January 19, 1979 by the
Governor.
    (29) Variances from Maryland regulations 10.18.04.02(A),
10.18.04.03(B)(3), and 10.18.04.04(B)(1) relating to visible emissions,
particulate matter from solid fuel burning equipment and prohibition of
usage of fuel with sulfur content in excess of one percent by weight,
respectively. The variance request was submitted on October 24, 1979 by
the Governor of Maryland.
    (30) Consent orders submitted by the Governor on July 16, 1975,
November 18, 1977, and by the Administrator, Air Quality Programs on
June 15, 1979 granting the Westvaco Corporation an exception to
Regulation COMAR 10.18.02.04B.
    (31)-(32) [Reserved]
    (33) A consent order amending regulation 10.18.07, 10.18.07.02B,
10.18.07.03B(2)a, for the Firestone Plastics Co., Inc., Perryville,
Maryland, submitted on December 1, 1978, by the Maryland Environmental
Health Administration.
    (34) Amendment to Maryland regulations 10.18.05.03(B)(2),
10.18.05.02(A), and 10.18.05.03(B)(1)(a) relating to relaxation of
particulate emissions, visible emissions and waiving of particulate
control equipment requirement for the Chalk Point Generating Station
Unit #3. The amendment, a Secretarial Order, was submitted on August 13,
1979 by the State of Maryland.
    (35) Variance from Maryland regulation 10.18.04.02(A) relating to
visible emissions and allowing a maximum visible emission of 25%
opacity. This variance expires on September 11, 1982. The variance
request was submitted on September 27, 1979 by the State of Maryland.
    (36) Amendments to Sections .01 (Definitions), .04 (Ambient Air
Quality Standards), and .11 (Permits) of Maryland Regulation 10.18.01
(Regulations Governing Control of Air Pollution in the State of
Maryland); and amendments to Section .02 (Control and Prohibition of
Visible Emissions) of Maryland Regulations 10.18.04 and 10.18.05
(Regulations Governing Air Pollution Control in the Metropolitan
Baltimore and National Capital AQCRS's) submitted by the Governor on
September 26, 1979.
    (37) Amendments to Section .04J(3)a and .04J(3)b (Organic Compounds)
of Maryland Regulations 10.18.04 and 10.18.05; submitted on February 10,
1977 by the Governor.
    (38) Deletion of Section .06G(2) (Control and Prohibition of
Photochemically Reactive Organic Compounds from sources existing on or
before February 12, 1974) of Maryland Regulations 10.18.04 and 10.18.05;
submitted on December 10, 1979 by the Governor.
    (39) Deletion of Sections .06G(1) and .06G(3) (Control and
Prohibition of Photochemically Reactive Organic Materials From Sources
Built or Modified after February 12, 1974) of Maryland Regulations
10.18.04 and 10.18.05 from the Maryland State Implementation Plan (SIP).
    (40) Letter of January 21, 1980 from Maryland to EPA explaining the
State's interpretation of the scope of coverage of Maryland Regulation
10.18.04.04J.
    (41) Amendments to Sections .06 of Maryland Regulation 10.18.04 and
10.18.05 as submitted on January 19, 1979 by the Governor.
    (42) Amendment to Section .01(y) of Maryland Regulation 10.18.01 as
submitted on December 10, 1979 by the Governor.
    (43) Amendments to Regulations 10.18.04 and 10.18.05; Sections
.04J(1)c, .04J(1)d, .04J(1)e(i), .04J(1)f, .04J(1)g, .04J(1)h,
.04J(1)i(i), .04J(3)d, .04J(4)a, .04J(4)b, and .04J(5) a through j;
submitted on January 19, 1979, and amended on September 26, 1979 by the
State of Maryland.
    (44) A revision submitted by the State of Maryland on December 20,
1979 which is intended to establish an Ambient Air Quality Monitoring
Network.
    (45) Recodification of the Maryland Regulations submitted by the
State of Maryland on May 22, 1980.
[[Page 30]]
    (46) Amendments to section .04D(4) of COMAR 10.18.04 and COMAR
10.18.05 establishing a revised sulfur oxides emissions limitation for
all existing solid fuel-fired, cyclone type fuel burning equipment
having an actual heat input in excess of 1,000 million Btu/hour;
submitted on February 20, 1980 by the Governor.
    (47) October 1, 1980 letter from George P. Ferreri, Maryland Office
of Environmental Programs to James E. Sydnor, EPA, certifying that the
Baltimore Gas & Electric Company's C. P. Crane Generating Station is the
sole facility to which COMAR 10.18.04.04D(4) and 10.18.05.04D(4) would
apply.
    (48) A revision submitted by the State of Maryland on 9/10/80
consisting of a variance issued to the General Refractories Company of
Baltimore, Maryland exempting the Company from the ``No Visible
Emissions'' requirements of COMAR 10.18.04.02A for aperiod of three (3)
years commencing 9/2/80.
    (49) A revision submitted by the State of Maryland on November 3,
1980 consisting of a Consent Agreement (Order) between the State of
Maryland and the Maryland Slag Company decreasing the particulate matter
emission limitation for the Company.
    (50) A revision submitted by the State of Maryland on October 24,
1979 consisting of amendments to the following regulations:
    COMAR 10.18.01 as recodified in 40 CFR 52.1070(c)(45), 10.18.02 as
recodified in 40 CFR 52.1070(c)(45), 10.18.03 as recodified in 40 CFR
52.1070(c)(45), 10.18.04 as recodified in 40 CFR 52.1070(c)(45),
10.18.05 as recodified in 40 CFR 52.1070(c)(45), 10.18.06 as recodified
in 40 CFR 52.1070(c)(45), 10.18.07 as recodified in 40 CFR
52.1070(c)(45).
    (51) A revision submitted by the State of Maryland on May 22, 1980,
consisting of changes in definitions in sections 10.18.01.01 and
revoking of obsolete regulations, COMAR 10.03.38.04 B(4) and 10.03.39.04
B(4).
    (52) A revision submitted by the State of Maryland on April 24,
1974, consisting of changes in COMAR 10.03.35.06 A(1) and 10.03.35.06
A(3).
    (53) A revision submitted by the State of Maryland on December 10,
1979, consisting of changes in Sections .01 and .11 of COMAR 10.18.01,
and in Sections .05 and .07 of COMAR 10.18.02, 10.18.03, 10.18.04,
10.18.05, 10.18.06 and 10.18.07.
    (54) A revision submitted by the State of Maryland on October 17,
1980, consisting of an exception to COMAR 10.18.06.02B for the Maryland
Cup Corporation.
    (55) A revision submitted by the State of Maryland on August 7, 1981
consisting of an exception to COMAR 10.18.09.07A(2)(c) for the Reading-
Whitehall Paperboard Company.
    (56) A Secretarial order submitted by the State of Maryland on June
23, 1981 consisting of a variance issued to the Potomac Electric Power
Company at Dickerson, Maryland exempting the company from the ``no
visible emissions'' requirements of COMAR 10.18.09.05A(2) until five
years from the date of approval by EPA.
    (57) A Secretarial order submitted by the State of Maryland on July
17, 1981 consisting of a various issued to the American Cyanamid
Company, Havre de Grace, Maryland from the ``no visible emissions''
requirement of COMAR 10.18.06.02B until July 8, 1986.
    (58) Amendments to COMAR 10.18.01, 10.18.06, 10.18.08, 10.18.09,
10.18.11, 10.18.12, 10.18.13, 10.18.14, 10.18.21, and Technical
Memorandum TM-116 (amended November 1980) as submitted by the Governor
on May 18, 1981.
    (59) Addition of Maryland Regulation 10.18.06.14 (Control of PSD
sources) which incorporates by reference the Federal prevention of
significant deterioration (PSD) requirements set forth in 40 CFR 52.21;
submitted on June 24, 1981 by the Governor.
    (60) A State Implementation Plan for the control of lead (Pb)
emissions submitted on October 23, 1980 by the Governor.
    (61) A letter containing supplemental clarifying information with
respect to the State's control strategy demonstration; submitted on July
27, 1981 by the Maryland Air Management Administration.
    (62) A revised Secretarial order controlling lead emissions from the
Mobay Chemical Corporation's frit manufacturing plant in Baltimore,
Maryland; submitted December 16, 1981 by the Maryland Air Management
Administration.
[[Page 31]]
    (63) A revision submitted by the State of Maryland on October 8,
1981 detailing a plan for satisfying requirements of sections 121 and
127 of the Clean Air Act Amendments of 1977.
    (64) A revision submitted by the State of Maryland on November 18,
1981, consisting of a Modified Amended Consent Order for Potomac
Electric Power Company's Chalk Point generating station.
    (65) A Secretarial order stating the terms under which a
construction permit for a new source in a nonattainment area will be
issued by the Northeast Maryland Waste Disposal Authority to
Wheelabrator-Frye, Inc. to construct and operate a municipal
incinerator; submitted on December 22, 1981 by the Director, Maryland
Air Management Administration, Department of Health and Mental Hygiene.
    (66) An amendment to Code of Maryland Air Regulation (COMAR)
10.18.08.05A(1) revising the method for calculating particulate
emissions from incinerators located in the Cumberland-Keyser, Central
Maryland, Southern Maryland and Eastern Shore Air Quality Control
Regions (AQCR's), submitted on January 11, 1982 by the Governor.
    (67) Code of Maryland Air Regulations (COMAR) 10.18.10 (Control of
Iron and Steel Production Installations); Technical Memorandum AMA-TM
81-04: Amendment to AMA-TM 73-116; Amendments to COMAR 10.18.01.01
(General Administrative Regulations--Definitions) and COMAR 10.18.06.02
(General Emission Standards, Prohibitions and Restriction); and a New
Amended Plan for Compliance for the Bethlehem Steel Corporation's
Sparrows Point, Maryland Plant; submitted on August 11, 1981 by the
Governor.
    (68) The revised Health-Environmental Article of the Annotated Code
of Maryland, submitted on July 2, 1982 by the Director, Maryland Air
Management Administration, Department of Health and Mental Hygiene.
    (69) A revision submitted by the State of Maryland on November 15,
1982, consisting of an extension to the previous visible emission
exception to COMAR 10.18.01.08 (Exception to Visible Emission
Requirements) for the Maryland Cup Corporation. The exception is renewed
until September 11, 1987.
    (70) A modified Secretarial order stating the terms under which a
construction permit for a new source in a nonattainment area will be
issued to Wheelabrator-Frye, Inc. who will construct, own, and operate a
municipal incinerator; submitted on March 17, 1983 by the Director,
Maryland Air Management Administration, Department of Health and Mental
Hygiene.
    (71) Plan Revision, excluding the schedules for additional VOC
controls and the required Vehicle Emissions Inspection Program,
providing for attainment of the Ozone and Carbon Monoxide Standards,
submitted by the State on July 1, 1982 for the Metropolitan Baltimore
Intrastate Air Quality Control Region (AQCR) and November 5, 1982 for
the Maryland portion of the National Capital Interstate AQCR. On May 4,
1983, and June 13 and 16, 1983, the State submitted amended I/M
regulations. A revised schedule for the adoption of controls for VOC
sources was submitted on December 23, 1983.
    (72) Amendments to Code of Maryland Regulations (COMAR) 10.18.01,
.02, .06, .11, .13, and .21 which apply to air quality control areas III
and IV, submitted on August 22, 1983.
    (73) A revision submitted by the State of Maryland on July 12, 1983,
consisting of a plan for Compliance for the J.L. Clark Manufacturing
Company in Havre De Grace.
    (74) A Consent Order granting the Westvaco Corporation a sulfur
dioxide (SO<INF>2</INF>) emissions limitation which is equivalent to
COMAR 10.18.09. 07(A)(1)(a); submitted on September 7, 1983, as amended
on February 7, 1984 by the Maryland Air Management Administration.
    (75) Revision submitted by the State of Maryland on December 13,
1983 consisting of a Plan for Compliance for the General Motors
Corporation, GM Assembly Division, Baltimore City Plant.
    (76) Revision submitted by the State of Maryland on December 13,
1983 consisting of a Plan for Compliance for the American Can Company,
Baltimore City.
    (77) Revision submitted by the State of Maryland on December 13,
1983 consisting of a Plan for Compliance for the
[[Page 32]]
National Can Corporation, Baltimore County.
    (78) Revision submitted by the State of Maryland on April 6, 1984
consisting of a Plan for Compliance for the Crown Cork and Seal Company,
Inc., Baltimore City.
    (79) Revision submitted by the State of Maryland on April 6, 1984
consisting of a Plan for Compliance for the Continental Can Company,
Baltimore City.
    (80) A revision submitted by the State of Maryland on January 26,
1984, and May 25, 1984 consisting of amendments to change the State's
stationary source stack testing procedures document and to correct a
State procedural defect relating to procedures for observing visible
emissions from iron and steel facilities.
    (81) [Reserved]
    (82) Revisions to the Code of Maryland Regulations (COMAR) were
submitted by the Director of the Maryland Air Management Administration
of March 14, 1984.
    (i) Incorporation by reference. (A) Amendments to COMAR 10.18.02
(Permits, Approvals and Registration) and COMAR 10.18.08 (Control of
Incinerators), as published in the Maryland Register on February 3, 1984
(proposed on November 11, 1983).
    (ii) Additional material. (A) Letter from the MAMA dated November
29, 1984 clarifying that permit applications would only be accepted from
incinerators subject to the hazardous waste facility regulations and
that hazardous waste facility permits would be treated as air quality
permits for all purposes.
    (83) Revisions to the Code of Maryland Regulations (COMAR) were
submitted by the Director of the Maryland Air Management Administration
on March 14, 1984.
    (i) Incorporation by reference.
    (A) Amendments to COMAR 10.18.09 (Control of Fuel Burning Equipment
and Stationary Internal Combustion Engines), as published in the
Maryland Register on March 2, 1984.
    (ii) Additional information.
    (A) Letter from MAMA dated November 29, 1984 clarifying that a
permit cannot be issued for the sources unless they undergo new source
review as under COMAR 10.18.02 (Permits, Approvals and Registration).
    (84) [Reserved]
    (85) Revisions to the Ozone Attainment Plan were submitted by the
Director, Maryland Air Management Administration, on August 1, 1984.
    (i) Incorporation by reference.
    (A) State Secretarial Order for the Monarch Manufacturing Company
located in Belcamp, Maryland, allowing interim VOC emission standards to
be used by the Company until source-specific regulations are developed
by MAMA. The Company shall come into compliance with the source-specific
regulations within six months after their adoption. The Secretarial
Order was approved on July 23, 1984.
    (86) Revisions submitted on March, 1, 1989 by the Secretary,
Maryland Department of the Environment, amending the Code of Maryland
Air Regulations (COMAR) 10.18.21.10 (Graphic Arts) and COMAR 10.18.21.13
(Miscellaneous Metal Coating, Interior Sheet Drum Lining).
    (i) Incorporation by reference.
    (A) Revisions to COMAR 10.18.21.10, pertaining to graphic arts, and
COMAR 10.18.21.13, pertaining to miscellaneous metal coating, interior
sheet drum lining. These revisions were adopted by the Secretary of
Health and Mental Hygiene on June 10, 1987and became effective on August
10, 1987.
    (ii) Additional information.
    (A) Letter of June 30, 1987 from George P. Ferreri, Director,
Maryland Air Management Administration, to Thomas J. Maslany, EPA Region
III, forwarding revisions to COMAR 10.18.21.10 and COMAR 10.18.21.13.
    (B) Letter of March 13, 1989 from George P. Ferreri, Director,
Maryland Air Management Administration to Stanley L. Laskowski, Acting
Regional Administrator, EPA Region III, clarifying information with
respect to the adopted and effective dates of the revisions to COMAR
10.18.21.10 and COMAR 10.18.21.13.
    (87) A revision submitted by the Secretary, Maryland Department of
Health and Mental Hygiene on March 30, 1987, consisting of amendments to
the Good Engineering Practice (GEP) Stack Height Regulations, COMAR
10.18.01.08 (Determination of Ground Level Concentrations--Acceptable
Techniques).
[[Page 33]]
    (i) Incorporation by reference.
    (A) Letter of March 30, 1987 from the Secretary, Maryland Department
of Health and Mental Hygiene.
    (B) COMAR 10.18.01.08 (Determination of Ground Level
Concentrations--Acceptable Techniques), which was adopted by the
Maryland Department of Health and Mental Hygiene on January 23, 1987.
    (ii) Additional information.
    (A) None.
    (88) [Reserved]
    (89) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on June 30, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated June
30, 1987 submitting a revision to the Maryland State Implementation Plan
pertaining to the definitions of true vapor pressure and vapor pressure.
    (B) Maryland Register Volume 13, page 2048; COMAR 10.18.01.01
Definitions V-1. and X-1 (Now recodified as COMAR 26.11.01.01 Z. and
CC.).
    (90) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on March 21, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March
21, 1991 submitting a revision to the Maryland State Implementation
Plan.
    (B) Recodified Maryland Regulations, revised effective August 1,
1988.
    (1) COMAR 26.11.01.01A. through J., L., O. through BB., DD. (except
for ``ammonium carbonates''); COMAR 26.11.01.02 through 26.11.01.09.
    (2) COMAR 26.11.02.01 through 26.11.02.03A.(6)(o), 26.11.02.03A.(7)
through 26.11.02.09, 26.11.02.10A., 10E., 26.11.02.11A., .11B.(2)-(3),
11C., 26.11.02.12 through 26.11.02.16.
    (3) COMAR 26.11.03.01 through 26.11.03.03, 26.11.03.05 through
26.11.03.08.
    (4) COMAR 26.11.05--(Entire Chapter).
    (5) COMAR 26.11.06.03A.-.03C.; 26.11.06.05, 26.11.06A., .06C., .06D;
26.11.06.10, 26.11.06.11, 26.11.06.15, 26.11.06.16.
    (6) COMAR 26.11.07.01 through 26.11.07.04, 26.11.07.05A. (1), (2),
26.11.07.05A.(5) through .05A.(7), 26.11.07.05B (1), (2), (4), (5).
    (7) COMAR 26.11.09.01 through 26.11.09.04, 26.11.09.05B.,
26.11.09.06 through 26.11.09.09.
    (8) COMAR 26.11.10--Entire chapter except for COMAR
26.11.10.03B.(3).
    (9) COMAR 26.11.11--Entire chapter except for COMAR 26.11.11.04A(1)-
(4).
    (10) COMAR 26.11.12--Entire Chapter.
    (11) COMAR 26.11.13.01 (definitions of ``external floating roof,''
``gasoline,'' ``internal floating roof,'' ``liquid-mounted seal,''
``metallic-type shoe seal,'' ``rim-mounted secondary seal,'' ``shoe
mounted secondary seal,'' ``tank truck,'' ``vapor control system,''
``vapor mounted seal''; 26.11.13.02 (except for .02C(3)), 26.11.13.03,
26.11.13.04B., 26.11.13.05.
    (12) COMAR 26.11.19.01A., 01B(2), (4), (5), .02A, .02B(1) (except
for ``low VOC adhesives''), .02B(2), (3), .02C(1), (2), .02D., .02E
(except for all references to variables ``C'' and ``D''), .02F(1), (2),
(3) (except for ``and''); 26.11.19.04 through 26.11.19.10, 26.11.19.13,
26.11.19.14.
    (13) COMAR 26.11.20--Entire Chapter except for COMAR 26.11.20.02.
    (ii) Additional materials.
    (A) Remainder of the March 21, 1991 State Submittal known as
Maryland 91-01B.
    (91) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment--Air Management Administration on
August 20, 1984, regarding a bubble for American Cyanamid in Havre de
Grace, Maryland.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Health and Mental
Hygiene--Air Management Administration (now known as the Maryland
Department of the Environment--Air Management Administration) dated
August 20, 1984 submitting a revision to the Maryland State
Implementation Plan regarding a bubble for American Cyanamid.
    (B) Secretarial Order (By Consent) between American Cyanamid and the
Maryland State Department of Health and Mental Hygiene--Air Management
Administration (now known as the Maryland Department of the
Environment--Air Management Administration) except for section 2,
approved on August 2, 1984.
    (ii) Additional material.
[[Page 34]]
    (A) Letter dated September 17, 1984 from Ronald E. Lipinski, MAMA,
to James Topsale, EPA Region III, providing emissions information for
the sources involved in the American Cyanamid bubble.
    (B) Public Hearing record for the May 23, 1984 public hearing.
    (C) Technical Support Document, prepared by Maryland, for American
Cyanamid, including formulas to calculate bubble emissions.
    (92) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on December 15, 1987.
    (i) Incorporation by reference. (A) Letter from the Maryland
Department of Environment dated December 15, 1987 submitting a revision
to the Maryland State Implementation Plan.
    (B) Amendments to the Code of Maryland Air Regulations (COMAR)
10.18.03, State Adopted National Ambient Air Quality Standards and
Guidelines limited to the amendment of 10.18.03.04, carbon monoxide and
COMAR 10.18.06, General Emission Standards, Prohibitions, and
Restrictions, limited to the amendment of 10.18.06.04, carbon monoxide
in areas III and IV. The amendments to COMAR 10.18.03.04 and 10.18.06.04
were adopted by the Maryland Department of the Environment on November
4, 1987, and made effective on January 5, 1988.
    (93) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on December 30, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated
December 15, 1987, submitting revisions to the Maryland State
Implementation Plan.
    (B) Amendments to regulations 10.18.01 O-1, 10.18.02.03 H(3)(i), and
10.18.06.14 under the Code of Maryland Administrative Regulations
(COMAR) revising Maryland's prevention of significant deterioration
program to incorporate changes to 40 CFR 52.21 made between 1980 and
1986. The amendments to COMAR 10.18.01 O-1, 10.18.02.03 H(3)(i), and
10.18.06.14 were effective on January 5, 1988 in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (94) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on March 8, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March
1, 1989, submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9), and
26.11.06.14 (proposed as 10.18.01 O-1, 10.18.02.03 H(3)(i), and
10.18.06.14) under the Code of Maryland Administrative Regulations
(COMAR) revising Maryland's prevention of significant deterioration
program to incorporate changes to 40 CFR 52.21 made between 1986 and
1987, thereby establishing the increment for NO<INF>2</INF> and
requiring sources to conduct an NO<INF>2</INF> increment consumption
analysis. The amendments to COMAR 26.11.01.01, 26.11.02.10 (C)(9), and
26.11.06.14 were effective on March 21, 1989 in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (95) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on March 28, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March
21, 1991 submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the
Code of Maryland Administrative Regulations (COMAR) revising Maryland's
prevention of significant deterioration program to incorporate changes
to 40 CFR 52.21 made between 1987 and 1989. The amendments to COMAR
26.11.01.01, and 26.11.06.14 were effective on March 31, 1991 in the
State of Maryland. The amendments to 26.11.02.10 (C)(9) were effective
on May 8, 1991 in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (96) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on April 3, 1992.
    (i) Incorporation by reference.
[[Page 35]]
    (A) Letter from the Maryland Department of Environment dated March
27, 1992 submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the
Code of Maryland Administrative Regulations (COMAR) revising Maryland's
prevention of significant deterioration program to incorporate changes
to 40 CFR 52.21 made between 1989 and 1990. The amendments to COMAR
26.11.01.01 and 26.11.06.14 were effective on February 17, 1992 in the
State of Maryland.
    (ii) Additional materials.
    (A) Remainder of April 3, 1992, State submittal.
    (97) Revisions to the State Implementation Plan submitted on June
14, 1989, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 14, 1989, from the Maryland Department of the
Environment transmitting a revision to a Maryland State Implementation
Plan.
    (B) Revision to COMAR 26.11.01.01E (Definition of ``Control
Officer''), effective June 20, 1989.
    (ii) Additional material.
    (A) Remainder of the June 14, 1989 State submittal.
    (98) Revisions to the Maryland State Implementation Plan submitted
on April 5, 1991, and amended on January 18, 1993, by the Maryland
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letters of April 5, 1991, and January 18, 1993, from the
Maryland Department of the Environment transmitting additions and
revisions to Maryland's State Implementation Plan, pertaining to
volatile organic compound regulations in Maryland's air quality
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
    (B) The addition of COMAR 26.11.19.15C (proposed as COMAR
10.18.19.15C), Standards for Adhesive Application, adopted by the
Secretary of Health and Hygiene on June 10, 1987, effective August 10,
1987;
    (C) Amendments to COMAR 26.11.19.15C adopted by the Secretary of the
Environment on March 9, 1991, effective May 8, 1991; and
    (D) Amendments to COMAR 26.11.19.15C(4) adopted by the Secretary of
the Environment on January 18, 1992, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of April 5, 1991, and January 18, 1993, State
submittals pertaining to COMAR 26.11.19.15C, Standards for Adhesive
Application.
    (B) Letter of April 17, 1992, from the Maryland Department of the
Environment clarifying the intent of its April 5, 1991, letter
transmitting revisions and additions to Maryland's State Implementation
Plan.
    (C) Letter of July 10, 1992, from the Maryland Department of the
Environment clarifying Maryland's intent regarding COMAR 26.11.19.15C(4)
and stating that Maryland was working to correct the administrative
error in COMAR 26.11.19.15C(4) contained in the April 5, 1991,
submittal.
    (99) Revisions to the Maryland regulations for particulate matter
(PM-10) submitted on March 1, 1989, by the Maryland Department of the
Environment:
    (i) Incorporation by reference.
    (A) Letter of March 1, 1989, from the Department of the Environment
transmitting a revision to the Maryland State implementation plan for
particulate matter (PM-10) Group III areas.
    (B) COMAR 10.18.01 (General Administrative Provisions), COMAR
10.18.02 (Permits, Approvals, and Registration), COMAR 10.18.03 (State-
Adopted National Ambient Air Quality Standards and Guidelines), COMAR
10.18.05 (Air Pollution Episode System), and COMAR 10.18.06 (General
Emission Standards, Prohibitions, and Restrictions) as published in the
Maryland Register on February 10, 1989. The regulations were adopted on
January 20, 1989, and became effective on March 21, 1989.
    (ii) Additional materials.
    (A) Remainder of the State implementation plan revision request
submitted by the Maryland Department of the Environment on March 1,
1989.
    (100) Revisions to the Code of Maryland Administrative Regulations
(COMAR) submitted on June 7, 1990, by the Maryland Department of the
Environment:
    (i) Incorporation by reference.
[[Page 36]]
    (A) Letter of June 7, 1990, from the Maryland Department of the
Environment transmitting revisions to the Maryland State Implementation
Plan.
    (B) The following revised regulations to COMAR 26.11.05 (Air
Pollution Episode Plans), effective June 18, 1990: 26.11.05.01A., .01B.,
.01H., and .01J.; 26.11.05.02B., .02C.; 26.11.05.03A., 03B., 03D.;
26.11.05.05A., 05B., 05C., and .05D. Deletion of the definition
``coefficient of haze.''
    (ii) Additional material.
    (A) Remainder of the June 7, 1990, State submittal.
    (101) Revisions to the State of Maryland Regulations Oxygenated
Gasoline Program regulations submitted on November 13, 1992, by the
Maryland Department of the Environment. Effective date October 26, 1992.
    (i) Incorporation by reference.
    (A) Letter of November 13, 1992, from the Maryland Department of the
Environment transmitting Oxygenated Gasoline Program regulations.
    (B) The following State of Maryland regulations effective October
26, 1992:
    (1) Amendments to COMAR 26.11.13.01 (Control of Gasoline and
Volatile Organic Compound Storage and Handling).
    (2) Deletion of Regulation .06 under COMAR 26.11.13 (Control of
Gasoline and Volatile Organic Compound Storage and Handling).
    (3) New Regulation COMAR 26.11.20.03 (Mobile Sources).
    (4) COMAR 03.03.05.01, .01-1, .02-1, .05, .08, and .15 (Motor Fuel
Inspection).
    (5) COMAR 03.03.06.01 through .06 (Emissions Control Compliance).
    (ii) The remainder of the November 13, 1992, submittal.
    (102) Revisions to the Maryland State Implementation Plan submitted
on April 5, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 5, 1991 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of Health and Hygiene on June 10, 1987,
effective August 10, 1987:
    (1) Amendments to COMAR 26.11.06.06B (proposed as 10.18.06.06B),
pertaining to control of Volatile organic compounds from installations.
    (2) Addition of new section COMAR 26.11.06.06E, (proposed as
10.18.06.06E), exemptions.
    (3) Amendments to COMAR 26.11.19.01B, (proposed as COMAR
10.18.21.01B), including the addition of the definitions for the terms
adhesive and exempt solvent, the renumbering of all definitions.
    (4) Amendments to COMAR 26.11.19.02B-F, (proposed as COMAR
10.18.21.02B-F), pertaining to compliance methods, methods of assessing
compliance, test methods, computations, and reporting.
    (5) Amendments to COMAR 26.11.19.10B, (proposed as COMAR
10.18.21.10B), pertaining to applicability and exemptions for graphic
arts sources.
    (6) Amendments to COMAR 26.11.19.13, (proposed as COMAR
10.18.21.13), pertaining to miscellaneous metal coating.
    (7) Addition of new section COMAR 26.11.19.15A (proposed as
10.18.21.15A), definition of terms.
    (8) Addition of new section COMAR 26.11.19.15B (proposed as
10.18.21.15B), standards for paint, resin and adhesive manufacturing.
    (C) Amendments to COMAR 26.11.19.12 (proposed as COMAR 10.18.21.12),
pertaining to dry cleaning installations, including the addition of new
sections E and F, pertaining to equipment specifications, emission
standards, and compliance determinations for petroleum solvent dry
cleaning installations, adopted by the Secretary of the Environment on
April 21, 1989, effective June 20, 1989.
    (D) Amendments to COMAR 26.11.19.12B-F, pertaining to applicability,
exemptions, equipment specifications, emission standards, and compliance
determinations for
[[Page 37]]
perchloroethylene and petroleum solvent dry cleaning installations,
adopted by the Secretary of the Environment on May 17, 1990, effective
July 16, 1990.
    (E) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on March 9, 1991, effective
May 8, 1991:
    (1) Amendments to COMAR 26.11.01.01, including the addition of
definitions for the terms actual emissions, allowable emissions,
potential to emit, premises, and reasonably available control technology
(RACT); deletion of the definition for the term Ringelmann Smoke Chart;
amendments to definitions for the terms New Source Impacting on a Non-
Attainment Area (NSINA) and volatile organic compound (VOC); and
renumbering of all definitions.
    (2) Amendments to COMAR 26.11.02.03A(6)(k)(vii), pertaining to
permits to construct or modify for motor vehicle gasoline storage tanks.
    (3) The addition of new section COMAR 26.11.06.01, definitions for
the terms installation and process line.
    (4) Amendments to COMAR 26.11.06.06A, B and E, pertaining to
applicability, control, and exemptions for sources of volatile organic
compounds.
    (5) The deletion of existing COMAR 26.11.13, pertaining to gasoline
and volatile organic compound storage and handling.
    (6) The addition of new COMAR 26.11.13.01, .02, .03, .05, and .06,
pertaining to definitions, applicability, and exemptions for gasoline
and volatile organic compounds storage and handling, large storage
tanks, gasoline leaks from tank trucks, and Reid Vapor Pressure.
    (7) Amendments to COMAR 26.11.19.01B, addition of the definition for
the term transfer efficiency, amendments to the definition for the term
coating.
    (8) Amendments to COMAR 26.11.19.02A-F, pertaining to applicability,
compliance methods, methods of assessing compliance, test methods,
computations, and reporting for volatile organic compound regulations.
    (9) Amendments to COMAR 26.11.19.07, the addition of new section B
and revisions to new section C (former section B), pertaining to paper,
fabric, and vinyl coating.
    (10) Amendments to COMAR 26.11.19.10A, the deletion of definitions
for the terms high velocity hot-air dryer, letterpress methods,
lithographic methods, and roll printing; revisions to the definition for
the term web printing; and renumbering of all definitions.
    (11) Amendments to COMAR 26.11.19.10B and C, pertaining to graphic
arts, including the deletion of existing section C and the addition of
new section C.
    (12) The addition of new COMAR 26.11.19.11A, B, and C, pertaining to
sheet-fed paper and plastic parts coating, including definitions for the
terms fountain, letterpress printing, lithographic printing, plastic
parts coating, and sheet-fed coating.
    (13) Amendments to COMAR 26.11.19.13B and C, pertaining to
miscellaneous metal coating.
    (14) Amendments to COMAR 26.11.19.14B, pertaining to synthesized
pharmaceutical products.
    (15) Amendments to COMAR 26.11.19.15A and B, pertaining to paint,
resin, and adhesive manufacturing, including revisions to definitions
for the terms adhesive application, resin thin down tank, specialty
footwear manufacturing, specialty spiral tube winding, spiral tube
winding, and spiral wound tube impregnating and curing, the deletion of
the definition for the term honeycomb core installation, and the
renumbering of all definitions.
    (ii) Additional material.
    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR
26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E,
26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06,
26.11.19.01B, 26.11.19.02A-F, 26.11.19.07, 26.11.19.10, 26.11.19.11A-C,
26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B.
    (B) Letter of April 17, 1992 from the Maryland Department of the
Environment clarifying the intent of its April 5, 1991 letter
transmitting additions, deletions, and revisions to Maryland's State
Implementation Plan.
    (C) Letter of October 18, 1993 from the Maryland Department of the
Environment formally withdrawing revisions
[[Page 38]]
to COMAR 26.11.19.11D and E, pertaining to lithographic printing, from
consideration as revisions to Maryland's State Implementation Plan.
    (103) Revisions to the Maryland State Implementation Plan submitted
on September 20, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of September 20, 1991 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on July 24, 1991, effective
August 19, 1991:
    (1) Amendments to COMAR 26.11.01.01DD, the definition for the term
volatile organic compound.
    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test
methods, including the addition of a: reference to 40 CFR part 60; and
Methods 1000, 1002, and 1003 and Appendixes A and B, contained in
``Technical Memorandum 91-01, Test Methods and Equipment Specifications
for Stationary Sources'' (January 1991).
    (3) Amendments to COMAR 26.11.13.02(C)(2), pertaining to exemptions
for large storage tanks.
    (4) Amendments to COMAR 26.11.19.02D(2), pertaining to test methods.
    (5) Amendments to COMAR 26.11.19.07A, including amendments to the
definition for the term paper coating, and the addition of definitions
for the terms sheet-fed paper coating and ultraviolet curable coating,
and the renumbering of definitions.
    (6) Addition of new COMAR 26.11.19.07D, pertaining to sheet-fed
paper coating.
    (7) Addition of new COMAR 26.11.19.11B(2), and amendments to COMAR
26.11.19.11C, pertaining to plastic coating.
    (8) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to
compliance determinations for petroleum solvent dry cleaning
installations.
    (9) Addition of new COMAR 26.11.19.16, pertaining to volatile
organic compound equipment leaks.
    (ii) Additional material.
    (A) Remainder of the September 20, 1991 State submittal pertaining
to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and
Methods 1000, 1002, and 1003 contained in ``Technical Memorandum 91-01,
Test Methods and Equipment Specifications for Stationary Sources''
(January 1991), COMAR 26.11.13.02(C)(2), COMAR 26.11.19.02D(2), COMAR
26.11.19.07A, COMAR 26.11.19.07D, COMAR 26.11.19.11B(2) and C, COMAR
26.11.19.12F(3) and (4), and COMAR 26.11.19.16.
    (104) Revisions to the Maryland State Implementation Plan submitted
on April 2, 1992 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 2, 1992 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on January 20, 1992,
effective February 17, 1992:
    (1) Amendments to COMAR 26.1.01.01DD, the definition for the term
volatile organic compound.
    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test
methods, including the addition of Methods 1006, 1007, and 1008
contained in Supplement 1 (July 1, 1991) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources''
(January 1991), and revisions to Method 1000 and Appendixes A and B
contained in Supplement 1.
    (3) Amendments to COMAR 26.11.19.02D, pertaining to test methods for
coatings and adhesives containing volatile organic compounds.
    (4) Amendments to COMAR 26.11.19.09B, pertaining to emission
standards for volatile organic compound metal cleaning.
[[Page 39]]
    (5) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to
compliance determinations for petroleum solvent dry cleaning
installations.
    (ii) Additional material.
    (A) Remainder of the April 2, 1992 State submittal pertaining to
COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods
1002, 1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to
``Technical Memorandum 91-01, Test Methods and Equipment Specifications
for Stationary Sources'' (January 1991), COMAR 26.11.19.02D, COMAR
26.11.19.09B, and COMAR 26.11.19.12F(3) and (4).
    (105) Revisions to the Maryland State Implementation Plan submitted
on January 18, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on January 18, 1993,
effective February 15, 1993:
    (1) Amendments to COMAR 26.11.01.04C, pertaining to emission test
methods, including the addition of Methods 1009, 1011, and 1012
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources''
(January 1991), and revisions to Method 1003 and Appendix B contained in
Supplement 2.
    (2) Amendments to COMAR 26.11.13.05B(2) and C(2), pertaining to
compliance determinations for tank trucks.
    (3) Amendments to COMAR 26.11.19.07A(4), the definition for the term
ultraviolet curable coating.
    (ii) Additional material.
    (A) Remainder of the January 18, 1993 State submittal pertaining to
COMAR 26.11.01.04C, Appendix B and Methods 1003, 1009, 1011, and 1012
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources
(January 1991), COMAR 26.11.13.05B(2) and C(2), and COMAR
26.11.19.07A(4).
    (106) Revisions to the Maryland Regulations submitted on September
18, 1991 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of September 18, 1991 from the Maryland Department of the
Environment transmitting the continuous emission monitoring revision.
    (B) Definition amendments to Code of Maryland Administrative
Regulations (COMAR) 26.11.01.01, excluding paragraph E-1, and new
regulations COMAR 26.11.01.10 Continuous Emission Monitoring
Requirements, concerning continuous opacity monitoring, effective July
22, 1991.
    (ii) Additional materials.
    (A) Remainder of September 23, 1991 State submittal.
    (107) Revisions to the Maryland State Implementation Plan submitted
on January 18, 1993, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993, from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
    (B) The addition of COMAR 26.11.24, Stage II Vapor Recovery at
Gasoline Dispensing Facilities, adopted by the Secretary of the
Environment on January 18, 1993, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of the January 18, 1993, State submittal pertaining to
COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing
Facilities.
    (108) Revisions to the Code of Maryland Administrative Regulations
(COMAR) submitted on March 30, 1987 by the Maryland Department of Health
and Mental Hygiene:
    (i) Incorporation by reference.
    (A) Letter of March 30, 1987 from the Maryland Department of Health
and Mental Hygiene transmitting revisions
[[Page 40]]
to the Maryland State Implementation Plan (SIP).
    (B) Revised COMAR 10.18.02.03H. (Action on an Application for a
Permit and for Approval of a PSD Source or NSINA) (currently COMAR
26.11.02.10C.), effective March 24, 1987.
    (ii) Additional material.
    (A) Remainder of the March 30, 1987 State submittal pertaining to
COMAR 10.18.02.03H. (currently COMAR 26.11.02.10C.).
    (109) Revisions to the State of Maryland Regulations State
Implementation Plan submitted on November 13, 1992 by the Maryland
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 13, 1992 from Maryland Department of the
Environment transmitting a revised regulation to require major sources
of volatile organic compounds and oxides of nitrogen, Statewide, to
certify their emissions annually.
    (B) Revisions to Title 26, COMAR 26.11.01, specifically to amend
regulation .01, and to add regulation .05-1. Effective on December 7,
1992.
    (ii) Additional material.
    (A) Remainder of December 7, 1992 State submittal.
    (110) Revisions to the Maryland State Implementation Plan submitted
on April 5, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 5, 1991 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The addition of COMAR 26.11.13.04, pertaining to loading
operations, adopted by the Secretary of the Environment on March 9,
1991, effective May 8, 1991.
    (ii) Additional material.
    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR
26.11.13.04, loading operations.
    (111) Revisions to the Maryland State Implementation Plan submitted
on April 2, 1992 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 2, 1992 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test
procedures for bulk gasoline terminals, adopted by the Secretary of the
Environment on January 20, 1992, effective February 17, 1992.
    (ii) Additional material.
    (A) Remainder of April 2, 1992 State submittal pertaining to COMAR
26.11.13.04A(3), test procedures for bulk gasoline terminals.
    (112) Revisions to the Maryland State Implementation Plan submitted
on January 18, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test
procedures for bulk gasoline terminals, adopted by the Secretary of the
Environment on January 18, 1993, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of January 18, 1993 State submittal pertaining to
COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.
    (113) Revisions to the Maryland State Implementation Plan submitted
on June 8, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 8, 1993 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) The following revisions to the provisions of COMAR 26.11,
adopted by
[[Page 41]]
the Secretary of the Environment on March 26, 1993, effective April 26,
1993:
    (1) Amendments to COMAR 26.11.11.02B and C, pertaining to asphalt
paving.
    (2) Amendments to COMAR 26.11.13.01B(1), the definition for the term
bulk gasoline plant.
    (3) Amendments to COMAR 26.11.13.02, pertaining to applicability and
exemptions.
    (4) Amendments to COMAR 26.11.13.04, pertaining to loading
operations.
    (5) The addition of new COMAR 26.11.13.07, pertaining to plans for
compliance.
    (6) Amendments to COMAR 26.11.19.01B(4), the definition for the term
major stationary source of VOC.
    (7) Amendments to COMAR 26.11.19.02A, F, and H, pertaining to
applicability, reporting and recordkeeping, and plans for compliance,
respectively.
    (8) Amendments to COMAR 26.11.19.10, pertaining to graphic arts.
    (ii) Additional material.
    (A) Remainder of June 8, 1993 State submittal pertaining to COMAR
26.11.11.02B and C, COMAR 26.11.13.01B(1), COMAR 26.11.13.02, COMAR
26.11.13.04, COMAR 26.11.13.07, COMAR 26.11.19.01B(4), COMAR
26.11.19.02A, F, and H, and COMAR 26.11.19.10.
    (114) Revisions to the Maryland State Implementation Plan submitted
on July 19, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 19, 1993 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Revisions to COMAR 26.11.13.04A, pertaining to bulk gasoline
terminals, adopted by the Secretary of the Environment on June 25, 1993,
effective July 19, 1993.
    (ii) Additional material.
    (A) Remainder of July 19, 1993 State submittal pertaining to COMAR
26.11.13.04A, bulk gasoline terminals.
    (115)-(116)  [Reserved]
    (117) The carbon monoxide redesignation request and maintenance plan
for the Baltimore Carbon Monoxide nonattainment area, submitted by the
Maryland Department of the Environment on September 20, 1995, as part of
the Maryland SIP. The emission inventory projections are included in the
maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of September 20, 1995 from the Maryland Department of the
Environment requesting the redesignation and submitting the maintenance
plan.
    (B) The ten year carbon monoxide maintenance plan for the Baltimore
Carbon Monoxide nonattainment area adopted on August 31, 1995.
    (ii) Additional material.
    (A) Remainder of September 20, 1995 State submittal.
    (118) The carbon monoxide redesignation and maintenance plan for the
Counties of Montgomery and Prince George, Maryland submitted by the
Maryland Department of the Environment on October 12, 1995, as part of
the Maryland SIP. The emission inventory projections are included in the
maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of October 12, 1995 from the Maryland Department of the
Environment requesting the redesignation and submitting the maintenance
plan.
    (B) Maintenance Plan for the Maryland portion of the Metropolitan
Washington Carbon Monoxide Nonattainment Area adopted on September 20,
1995.
    (ii) Additional material.
    (A) Remainder of October 12, 1995 State submittal.
    (119) Revisions to the Code of Maryland Administrative Regulations
for prevention of significant deterioration submitted on July 17, 1995
by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 17, 1995 from the Maryland Department of the
Environment transmitting revisions to the Maryland State Implementation
Plan.
    (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9) and
26.11.06.14 under the Code of Maryland Administrative Regulations
(COMAR)
[[Page 42]]
revising Maryland's prevention of significant deterioration program to
incorporate changes to 40 CFR 52.21 made between 1992 and 1993. The
amendments were effective on May 8, 1995 in the State of Maryland.
    (ii) Additional material.
    (A) Remainder of July 17, 1995 State of Maryland submittal.
    (120) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following amendments to COMAR 26.11.07, pertaining to open
fires, adopted by the Secretary of the Environment on May 1, 1995,
effective May 22, 1995:
    (1) the deletion of sections 26.11.07.01 A and B, definitions for
the terms ``hazardous material'' and ``I.I.A. standards.''
    (2) addition of new section 26.11.07.01B, ``Terms Defined.''
    (3) addition of new sections 26.11.07.01B(1) and (2), definitions of
the terms ``excessive lodging'' and ``forest resource management
practices.''
    (4) renumbering of old sections 26.11.07.01C & D, now new sections
26.11.07.01B(3) & (4).
    (5) amendments to section 26.11.07.02, pertaining to general
provisions.
    (6) amendments to sections 26.11.07.03A, B, and B(1), pertaining to
open fires authorized by control officers.
    (7) addition of new section 26.11.07.03C, ``Prohibition on Open
Burning.''
    (8) amendments to section 26.11.07.04, pertaining to open fires
authorized by public officers, including the addition of new sections
(4)--(7).
    (9) amendments to section 26.11.07.05, pertaining to open fires
allowed without authorization.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.07.
    (121) Revisions to the Maryland State Implementation Plan submitted
on July 17, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
    (B) Amendments to COMAR 26.11.19.02A, pertaining to once-in, always-
in applicability provisions, consisting of revisions to COMAR
26.11.19.02A(3), and the addition of new COMAR 26.11.19.02A (4) and (5),
adopted by the Secretary of the Environment on April 7, 1995, and
effective on May 8, 1995.
    (C) Amendments to COMAR 26.11.19.01B, consisting of the addition of
new COMAR 26.11.19.01B(1-1), the definition for the term ``annual,''
adopted by the Secretary of the Environment on April 7, 1995, effective
on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of July 17, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.02A(3)-(5) and COMAR 26.11.19.01B(1-1).
    (122) Revisions to the Maryland State Implementation Plan submitted
on July 17, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 17, 1995 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, COMAR 26.11.
    (B) Addition of new COMAR 26.11.01.01B(20-I) and new COMAR
26.11.24.01B(9-I), definition of the term ``motor vehicle,'' adopted by
the Secretary of the Environment on April 7, 1995, and effective on May
8, 1995.
    (ii) Additional material.
    (A) Remainder of July 17, 1995 Maryland State submittal pertaining
to
[[Page 43]]
COMAR 26.11.01.01B(20-I) and COMAR 26.11.24.01B(9-I), definition of the
term ``motor vehicle.''
    (123) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
    (B) Deletion of old COMAR 26.11.19.09 Volatile Organic Compound
Metal Cleaning (entire regulation).
    (C) Addition of new COMAR 26.11.19.09 Control of VOC Emissions from
Cold and Vapor Degreasing, adopted by the Secretary of the Environment
on May 12, 1995, and effective on June 5, 1995, including the following:
    (1) Addition of new COMAR 26.11.19.09.A Definitions.
    (2) Addition of new COMAR 26.11.19.09.B Terms Defined, including
definitions for the terms ``cold degreasing,'' ``degreasing material,''
``grease,'' ``halogenated substance,'' ``vapor degreasing,'' and ``VOC
degreasing material.''
    (3) Addition of new COMAR 26.11.19.09.C Applicability.
    (4) Addition of new COMAR 26.11.19.09.D Requirements.
    (5) Addition of new COMAR 26.11.19.09.E Specifications for Cold
Degreasing and Requirements for Vapor Degreasing.
    (6) Addition of new COMAR 26.11.19.09.F. Records.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.09 Control of VOC Emissions from Cold and Vapor
Degreasing.
    (124) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
    (B) Addition of new COMAR 26.11.19.23 Control of VOC Emissions from
Vehicle Refinishing, adopted by the Secretary of the Environment on May
1, 1995, and effective on May 22, 1995, including the following:
    (1) Addition of new COMAR 26.11.19.23A Definitions, including
definitions for the terms ``base coat/clear coat system,'' ``controlled
air spray system,'' ``mobile equipment,'' ``multistage coating
equipment,'' ``precoat,'' ``pretreatment,'' ``primer sealer,'' ``primer
surfacer,'' ``specialty coating,'' ``topcoat,'' and ``vehicle
refinishing.''
    (2) Addition of new COMAR 26.11.19.23B. Applicability and
Exemptions.
    (3) Addition of new COMAR 26.11.19.23C. Coating Standards and
General Conditions.
    (4) Addition of new COMAR 26.11.19.23D. Calculations.
    (5) Addition of new COMAR 26.11.19.23E. Requirements for Specialty
Coatings.
    (6) Addition of new COMAR 26.11.19.23F. Coating Application
Equipment Requirements.
    (7) Addition of new COMAR 26.11.19.23G. Cleanup and Surface
Preparation Requirements
    (8) Addition of new COMAR 26.11.19.23H. Monitoring and Records.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.23 Vehicle Refinishing.
    (125) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Four letters dated July 12, 1995 from the Maryland Department of
the Environment transmitting additions to Maryland's State
Implementation Plan, pertaining to volatile organic compound (VOC)
regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Regulations:
    (1) Addition of new COMAR 26.11.19.17 Control of VOC Emissions from
Yeast
[[Page 44]]
Manufacturing, adopted by the Secretary of the Environment on October
14, 1994 and effective on November 7, 1994, revisions adopted by the
Secretary of the Environment on May 12, 1995, and effective on June 5,
1995, including the following:
    (i) Addition of new COMAR 26.11.19.17.A Definitions, including
definitions for the terms ``fermentation batch,'' ``first generation
fermenter,'' ``stock fermenter,'' ``trade fermenter,'' and ``yeast
manufacturing installation.''
    (ii) Addition of new COMAR 26.11.19.17.B Applicability, Exemptions,
and Compliance Date.
    (iii) Addition of new COMAR 26.11.19.17.C Requirements for Yeast
Manufacturing Installations.
    (iv) Addition of new COMAR 26.11.19.17.D Determination of Compliance
and Testing.
    (v) Addition of new COMAR 26.11.19.17.E Reporting Requirements.
    (vi) Amendment to COMAR 26.11.19.17.C(3), pertaining to limits for
temperature and pH.
    (vii) Amendment to COMAR 26.11.19.17.D(3), pertaining to stack test
dates.
    (2) Addition of new COMAR 26.11.19.18 Control of VOC Emissions from
Screen Printing, adopted by the Secretary of the Environment on October
14, 1994 and effective on November 7, 1994, revisions adopted by the
Secretary of the Environment on May 16, 1995 and effective on June 5,
1995, including the following:
    (i) Addition of new COMAR 26.11.19.18.A, including definitions for
the terms ``acid/etch resist ink,'' ``anoprint ink,'' ``back-up
coating,'' ``clear coating,'' ``conductive ink,'' ``electroluminescent
ink,'' ``exterior illuminated sign,'' ``haze removal,'' ``ink removal,''
``maximum VOC content,'' ``plastic card manufacturing installation,''
``plywood sign coating,'' ``screen printing,'' ``screen printing
installation,'' ``screen reclamation,'' ``specialty inks.''
    (ii) Addition of new COMAR 26.11.19.18.B Applicability.
    (iii) Addition of new COMAR 26.11.19.18.C General Requirements for
Screen Printing.
    (iv) Addition of new COMAR 26.11.19.18.D General Requirements for
Plywood Sign Coating.
    (v) Addition of new COMAR 26.11.19.18.E General Requirements for
Plastic Card Manufacturing Installations.
    (vi) Addition of new COMAR 26.11.19.18.F Control of VOC Emissions
from the Use of Specialty Inks.
    (vii) Addition of new COMAR 26.11.19.18.G Control of VOC Emissions
from Clear Coating Operations.
    (viii) Addition of new COMAR 26.11.19.18.H Control of VOC Emissions
from Ink and Haze Removal and Screen Reclamation.
    (ix) Addition of new COMAR 26.11.19.18.I.
    (x) Addition of new COMAR 26.11.19.18.A(17), definition for the term
``untreated sign paper.''
    (xi) Addition of new COMAR 26.11.19.18.C(2), replacing previous
Sec. C(2).
    (xii) Addition of new COMAR 26.11.19.18.C(3) Use of Control Devices.
    (xiii) Addition of new COMAR 26.11.19.18.E(2)(b), replacing previous
Sec. E(2)(b).
    (xiv) Addition of new COMAR 26.11.19.18.I Record Keeping, replacing
the previous Sec. I.
    (3) Addition of new COMAR 26.11.19.19 Control of VOC Emissions from
Expandable Polystyrene Operations, adopted by the Secretary of the
Environment on June 9, 1995, and effective on July 3, 1995, including
the following:
    (i) Addition of new COMAR 26.11.19.19.A Definitions.
    (ii) Addition of new COMAR 26.11.19.19.B Terms Defined, including
definitions for the terms ``expandable polystyrene operation (EPO),''
``blowing agent,'' ``preexpander,'' ``recycled expanded polystyrene,''
and ``reduced VOC content beads.''
    (iii) Addition of new COMAR 26.11.19.19.C Applicability.
    (iv) Addition of new COMAR 26.11.19.19.D General Requirements.
    (v) Addition of new COMAR 26.11.19.19.E Testing Requirements.
    (vi) Addition of new COMAR 26.11.19.19.F Record Keeping.
    (4) Addition of new COMAR 26.11.19.21, Control of VOC Emissions
[[Page 45]]
from Commercial Bakery Ovens, adopted by the Secretary of the
Environment on June 9, 1995, and effective on July 3, 1995.
    (i) Addition of new COMAR 26.11.19.21.A Definitions.
    (ii) Addition of new COMAR 26.11.19.21.B Terms Defined, including
definitions for the terms ``commercial bakery oven,'' ``fermentation
time,'' ``yeast percentage,'' and ``Yt value.''
    (iii) Addition of new COMAR 26.11.19.21.C Applicability and
Exemptions.
    (iv) Addition of new COMAR 26.11.19.21.D General Requirements.
    (v) Addition of new COMAR 26.11.19.21.E Use of Innovative Control
Methods.
    (vi) Addition of new COMAR 26.11.19.21.F Reporting and Testing
Requirements.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittals pertaining
to COMAR 26.11.19.21, .17, .18, and .19.
    (126) Revisions to the Maryland State Implementation Plan submitted
on July 11, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 11, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
    (B) Revision to COMAR 26.11.19.11 Control of VOC Emissions from
Sheet-Fed and Web Lithographic Printing, adopted by the Secretary of the
Environment on May 5, 1995, and effective on June 5, 1995, including the
following:
    (1) Deletion of COMAR 26.11.19.11 title, ``Other Miscellaneous
Printing and Coating Processes'' and addition of new title,
``Lithographic Printing.''
    (2) Deletion of COMAR 26.11.19.11.A(4), definition for the term
``plastic parts coating.''
    (3) Deletion of COMAR 26.11.19.11.B(1), referencing plastic parts
coating.
    (4) Addition of new COMAR 26.11.19.11.B(1) & (3) through (6)
Applicability.
    (5) Deletion of COMAR 26.11.19.11.C Emission Standards for Plastic
Coating.
    (6) Addition of new COMAR 26.11.19.11.C Requirements for Sheet-Fed
Letter or Lithographic Printing.
    (7) Addition of new COMAR 26.11.19.11.D Requirements for
Lithographic Web Printing.
    (8) Addition of new COMAR 26.11.19.11.E Requirements for Cleaning
Printing Equipment.
    (9) Deletion of COMAR 26.11.19.10 title, ``Graphic Arts'' and
addition of new title, ``Flexographic and Rotogravure Printing.''
    (10) Deletion of COMAR 26.11.19.10.A(4), definition for the term
``web printing.''
    (11) Addition of COMAR 26.11.19.01.B(8), definition for the term
``web printing.''
    (ii) Additional Material.
    (A) Remainder of July 11, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web
Lithographic Printing.
    (127) Revisions to the Maryland State Implementation Plan submitted
on July 11, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 11, 1995 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
    (B) Revision to COMAR 26.11.19.07 Control of VOC Emissions from
Paper Coating, adopted by the Secretary of the Environment on May 5,
1995, and effective on June 5, 1995, including the following:
    (1) Addition of COMAR 26.11.19.07.A(2-1), definition for the term
``plastic parts coating.''
    (2) Addition of COMAR 26.11.19.07.B(1), referencing paper, fabric
and vinyl coating.
    (3) Addition of COMAR 26.11.19.07.E Emission Standards for Plastic
Coating.
    (ii) Additional Material.
    (A) Remainder of July 11, 1995 Maryland State submittal pertaining
to
[[Page 46]]
COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating.
    (128) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
    (B) Revisions to COMAR 26.11.19.01B(4), definition of the term
``Major stationary source of VOC,'' adopted by the Secretary of the
Environment on April 13, 1995, and effective on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of the July 12, 1995 Maryland State submittal
pertaining to COMAR 26.11.19.01B(4), definition of the term ``Major
stationary source of VOC.''
    (129) Revisions to the State of Maryland Regulations COMAR
26.11.06.05--Sulfur Compounds from Other than Fuel Burning Equipment
submitted on February 6, 1998 by the Maryland Department of the
Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the
Environment transmitting amendments to Code of Maryland Administrative
Regulations (COMAR) 26.11.06.05--Sulfur Compounds from Other than Fuel
Burning Equipment.
    (B) Revision to COMAR 26.11.06.05--Sulfur Compounds from Other than
Fuel Burning Equipment, effective September 22, 1997 to replace the term
``installations'' with the term ``equipment'' throughout the regulation.
    (ii) Additional Material.--Remainder of February 8, 1998 submittal.
    (130) Revisions to the Maryland State Implementation Plan submitted
on March 31, 1998 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of March 31, 1998 from the Maryland Department of the
Environment transmitting revisions to Maryland's air quality regulation
COMAR 26.11.13, pertaining to the control of VOC emissions from sources
that store and handle JP-4 jet fuel adopted by the Secretary of the
Environment on March 28, 1997 and effective August 11, 1997.
    (B) Revisions to COMAR 26.11.13.01(B)(4) the definition of
``gasoline.''
    (ii) Additional Material: Remainder of March 31, 1998 Maryland State
submittal pertaining to COMAR 26.11.13 control of VOCs from sources that
store and handle JP-4 jet fuel.
    (131) Revisions to the Maryland State Implementation Plan submitted
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the
Environment transmitting revisions to Maryland's State Implementation
Plan, pertaining to volatile organic compounds in Maryland's air quality
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
    (B) Revision to COMAR 26.11.19.12: Control of Volatile Organic
Compound Emissions from Dry Cleaning Installations, adopted by the
Secretary of the Environment on August 18, 1997, and effective on
September 22, 1997, including the following:
    (1) Deletion of COMAR 26.11.19.12.B(1), pertaining to
perchloroethylene dry cleaner installations applicability.
    (2) Deletion of COMAR 26.11.19.12.C, Equipment Specifications and
Emission Standards--Perchloroethylene Dry Cleaning Installations.
    (3) Deletion of COMAR 26.11.19.12.D, Determination of Compliance--
Perchloroethylene Dry Cleaning Installations.
    (ii) Additional Material--Remainder of February 6, 1998 State
submittal pertaining to COMAR 26.11.19.12 Control of Volatile Organic
Compound Emissions from Dry Cleaning Installations
    (132) Revisions to the Maryland State Implementation Plan submitted
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the
Environment transmitting revisions to
[[Page 47]]
Maryland's State Implementation Plan, pertaining to volatile organic
compounds in Maryland's air quality regulations, Code of Maryland
Administrative Regulations (COMAR) 26.11.
    (B) Revision to COMAR 26.11.13.04: Control of Gasoline and Volatile
Organic Compound Storage and Handling from Loading Operations, adopted
by the Secretary of the Environment on July 18, 1997, and effective on
August 11, 1997, including the following:
    (1) Deletion of COMAR 26.11.13.04.C(1)(b), pertaining to the
applicability of this regulation to gasoline storage tanks with a
capacity greater than 250 gallons and less than 2000 gallons.
    (2) Deletion of COMAR 26.11.13.04.C(2), Exemptions.
    (3) Deletion of COMAR 26.11.13.04.C(4), Effective Date of Stage I
Requirement for Certain Sources.
    (ii) Additional material--Remainder of February 6, 1998 State
submittal pertaining to COMAR 26.11.13.04 Control of Gasoline and
Volatile Organic Compound Storage and Handling from Loading Operations.
    (133) Limited approval of revisions to the Maryland State
Implementation Plan submitted on April 5, 1991 by the Maryland
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 5, 1991 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
    (B) Addition of COMAR 26.11.19.02G, Control of Major Sources of
Volatile Organic Compounds, pertaining to major VOC source RACT
requirements, adopted by the Secretary of the Environment on March 9,
1991 and effective on May 8, 1991.
    (ii) Additional Material.
    (A) Remainder of the April 5, 1991 Maryland State submittal
pertaining to COMAR 26.11.19.02G.
    (134) Limited approval of revisions to the Maryland State
Implementation Plan submitted on June 8, 1993 by the Maryland Department
of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 8, 1993 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
    (B) Revisions to COMAR 26.11.06.06, Volatile Organic Compounds,
pertaining to minor source VOC requirements, adopted by the Secretary of
the Environment on March 26, 1993, and effective on April 26, 1993.
    (1) Amendments to COMAR 26.11.06.06A, Applicability.
    (2) Amendments to COMAR 26.11.06.06B, Control of VOC from
Installations.
    (C) Revisions to COMAR 26.11.19.02G, Control of Major Stationary
Sources of Volatile Organic Compounds, pertaining to major VOC source
RACT requirements, adopted by the Secretary of the Environment on March
26, 1993, and effective on April 26, 1993.
    (ii) Additional Material.
    (A) Remainder of the June 8, 1993 Maryland State submittal
pertaining to COMAR 26.11.06.06A, COMAR 26.11.06.06B, and COMAR
26.11.19.02G.
    (135) Limited approval of revisions to the Maryland State
Implementation Plan submitted on July 12, 1995 by the Maryland
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
    (B) Revisions to COMAR 26.11.19.02G, Control of Major Stationary
Sources of Volatile Organic Compounds, pertaining to major VOC source
RACT requirements, adopted by the Secretary of the Environment on April
13, 1995, and effective on May 8, 1995.
    (ii) Additional Material.
    (A) Remainder of the July 12, 1995 Maryland State submittal
pertaining to COMAR 26.11.19.02G.
[[Page 48]]
    (136) Revisions to the Maryland State Implementation Plan submitted
on May 15, 1995 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of May 15, 1995 from the Maryland Department of the
Environment transmitting Maryland Regulation COMAR 26.11.26.03,
regarding General Conformity, for approval as a SIP revision.
    (B) Maryland Regulation COMAR 26.11.26.03, effective June 5, 1995.
    (ii) Additional material--Remainder of the May 15, 1995 state
submittal pertaining to General Conformity.
    (137) Revision to the Maryland State Implementation Plan submitted
on April 7, 1998 by the Maryland Department of the Environment
establishing reasonably available control technology (RACT) for two
additional VOC source category under COMAR 26.11.19, ``Volatile Organic
Compounds from Specific Processes.''
    (i) Incorporation by reference.
    (A) Letter dated April 7, 1998 from the Maryland Department of the
Environment transmitting revisions to Maryland's air quality regulation
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15,
1997 and effective August 11, 1997.
    (B) New regulations COMAR 26.11.19.22 ``Control of Volatile Organic
Compounds from Vinegar Generators''.
    (ii) Additional Material--Remainder of Maryland Department of the
Environment's April 7, 1998 submittals pertaining to Vinegar Generators.
    (138) Revision to the Maryland State Implementation Plan submitted
on April 7, 1998 by the Maryland Department of the Environment
establishing reasonably available control technology (RACT) for an
additional VOC source category under COMAR 26.11.19, ``Volatile Organic
Compounds from Specific Processes.''
    (i) Incorporation by reference.
    (A) Letter dated April 7, 1998 from the Maryland Department of the
Environment transmitting revisions to Maryland's air quality regulation
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15,
1997 and effective August 11, 1997.
    (B) New regulation COMAR 26.11.19.24 ``Control of Volatile Organic
Compounds from Leather Coating Operations''.
    (ii) Additional Material--Remainder of Maryland Department of the
Environment's April 7, 1998 submittals pertaining to Leather Coating
Operations.
    (139) Revisions to the Maryland State Implementation Plan, submitted
on August 28, 1998, by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of August 28, 1998, from the Maryland Department of the
Environment transmitting additions to Code of Maryland Administrative
Regulations (COMAR) 26.11.19 Volatile Orgranic Compounds from Specific
Processes.
    (B) Addition of COMAR 26.11.19.26 Control of Volatile Organic
Compounds from Reinforced Plastic Manufacturing, effective August 11,
1997.
    (ii) Additional Material: Remainder of August 28, 1998, State
submittal pertaining to the addition of COMAR 26.11.19.26 Control of
Volatile Organic Compounds from Reinforced Plastic Manufacturing to
COMAR 26.11.19 Volatile Organic Compounds from Specific Processes.
    (140) Revisions to the Maryland State Implementation Plan submitted
on February 6, 1998 by the Maryland department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the
Environment transmitting revisions to COMAR 26.11.19, pertaining to the
control of VOC emissions from automotive and light-duty truck coating
operations.
    (B) Revised COMAR 26.11.19.03, effective September 22, 1997.
    (ii) Additional Material--Remainder of the February 6, 1998 State
submittal [Revision No. 98-01].
    (141) Revisions to the Maryland State Implementation Plan submitted
on August 28, 1998 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of August 28, 1998 from the Maryland Department of the
Environment transmitting revisions to COMAR 26.11.19 pertaining to the
control of VOCs from special processes. The revision adds a new
regulation at COMAR
[[Page 49]]
26.11.19.25 for the control of VOC compounds from explosives and
propellant manufacturing adopted by the Secretary of the Environment on
July 15, 1997 and effective August 11, 1997.
    (B) Revisions to COMAR 26.11.19 entitled Volatile Organic Compounds
from Specific Processes: The addition of new regulation COMAR
26.11.19.25 Control of Volatile Organic Compounds from Explosives and
Propellant Manufacturing.
    (ii) Additional Material: Remainder of August 28, 1998 Maryland
State submittal pertaining to COMAR 26.11.19.25 to control VOCs from
sources that manufacture explosives and propellants.
    (142) Revisions to the Maryland State Implementation Plan submitted
on February 10, 1999 and February 12, 1999 by the Maryland Department of
the Environment:
    (i) Incorporation by reference.
    (A) Three letters dated February 10, 1998 and one letter dated
February 12, 1999 from the Maryland Department of the Environment
transmitting additions to Maryland's State Implementation Plan,
pertaining to volatile organic compound (VOC) regulations in Maryland's
air quality regulations, COMAR 26.11.
    (B) Regulations:
    (1) Addition of new COMAR 26.11.19.07-1: Control of VOC Emissions
from Solid Resin Decorative Surface Manufacturing, adopted by the
Secretary of the Environment on May 20, 1998 and effective on June 15,
1998, including the following:
    (i) Addition of new COMAR 26.11.19.07-1.A Definitions, including
definitions for the terms ``particle plant operation,'' ``related
operations,'' ``shaped goods plant,'' and ``solid resin decorative
surface (SRDS) operation.''
    (ii) Addition of new COMAR 26.11.19.07-1.B Applicability.
    (iii) Addition of new COMAR 26.11.19.07-1.C General Requirements for
SRDS Operations.
    (iv) Addition of new COMAR 26.11.19.07-1.D General Requirements for
Particle Plant Operations.
    (v) Addition of new COMAR 26.11.19.07-1.E General Requirements for
Shaped Goods Plants.
    (vi) Addition of new COMAR 26.11.19.07-1.F General Requirements for
Related Operations.
    (vii) Addition of new COMAR 26.11.19.07-1.G Additional Requirements
for VOC Storage Tanks.
    (viii) Addition of new COMAR 26.11.19.07-1.H Reporting and Record-
Keeping Requirements.
    (2) Addition of new COMAR 26.11.19.13-2: Control of VOC Emissions
from Brake Shoe Coating Operations, adopted by the Secretary of the
Environment on August 4, 1998 and effective on August 24, 1998,
including the following:
    (i) Addition of new COMAR 26.11.19.13-2.A Definitions.
    (ii) Addition of new COMAR 26.11.19.13-2.B Terms Defined, including
definitions for the terms ``brake caliper rust preventive coating,'' and
``brake shoe coating operation.''
    (iii) Addition of new COMAR 26.11.19.13-2.C Applicability.
    (iv) Addition of new COMAR 26.11.19.13-2.D General Coating
Requirements.
    (v) Addition of new COMAR 26.11.19.18.E Equipment Cleanup.
    (vi) Addition of new COMAR 26.11.19.13.B(3)(e) and (f), exempting
brake shoe coating and structural steel coating operations from
Miscellaneous Metal Coatings.
    (3) Addition of new COMAR 26.11.19.13-3: Control of Volatile Organic
Compounds from Structural Steel Coating Operations, adopted by the
Secretary of the Environment on June 5, 1998, and effective on June 29,
1998, including the following:
    (i) Addition of new COMAR 26.11.19.13-3.A Definitions, including
definitions for the terms ``controlled air spray system,'' ``dip coating
operation,'' ``protective coating,'' and ``structural steel coating
operation.''
    (ii) Addition of new COMAR 26.11.19.13-3.B Applicability.
    (iii) Addition of new COMAR 26.11.19.13-3.C Coating Requirements.
    (iv) Addition of new COMAR 26.11.19.13-3.D Cleanup Requirements.
    (4) Revision to COMAR 26.11.19.18: Control of VOC Emissions from
Screen Printing and Digital Imaging, adopted by the Secretary of the
Environment
[[Page 50]]
on August 4, 1998, and effective on August 24, 1998, including the
following:
    (i) Addition of new COMAR 26.11.19.18.A(5-1), definition for the
term ``digital imaging.''
    (ii) Deletion of existing COMAR 26.11.19.18.B-I.
    (iii) Addition of new COMAR 26.11.18.21.B Applicability.
    (iv) Addition of new COMAR 26.11.18.21.C General Requirements for
Screen Printing.
    (v) Addition of new COMAR 26.11.18.21.D General Requirements for
Plywood Sign Coating.
    (vi) Addition of new COMAR 26.11.18.21.E General Requirements for
Plastic Card Manufacturing.
    (vii) Addition of new COMAR 26.11.19.18.F General Requirements for
Digital Imaging.
    (viii) Addition of new COMAR 26.11.19.18.G Record Keeping.
    (ii) Additional Material.
    (A) Remainder of February 10, 1999 and February 12, 1999 Maryland
State submittals pertaining to COMAR 26.11.19.07-1, .13-2, .13-3, and
.18.
    (143) Revisions to the Code of Maryland Air Regulations (COMAR)
26.11.01.01 and 26.11.09.01, and limited approval of revisions to COMAR
26.11.09.08, submitted on June 8, 1993 and July 11, 1995 by the Maryland
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 8, 1993 from the Maryland Department of the
Environment transmitting COMAR 26.11.09.08, Control of NO<INF>X</INF>
Emissions from Major Stationary Sources and amendments to COMAR
26.11.09.01, Definitions.
    (B) COMAR 26.11.09.08, Control of NO<INF>X</INF> Emissions from
Major Stationary Sources, effective on May 10, 1993, replacing the
existing COMAR 26.11.09.08.
    (C) Amendment to COMAR 26.11.09.01, Definitions, effective on May
10, 1993.
    (D) Letter of July 11, 1995 from the Maryland Department of the
Environment transmitting amendments to COMAR 26.11.09.08, Control of
NO<INF>X</INF> Emissions from Major Stationary Sources, amendments to
COMAR 26.11.01.01, Definitions and COMAR 26.11.09.01, Definitions.
    (E) Amendments to COMAR 26.11.09.08, Control of NO<INF>X</INF>
Emissions from Major Stationary Sources, effective on June 20, 1994 and
May 8, 1995.
    (F) Amendment to COMAR 26.11.01.01, Definitions, effective on June
20, 1994.
    (G) Amendments to COMAR 26.11.09.01, Definitions, effective on June
20, 1994 and on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of June 8, 1993 and July 11, 1995 State submittals.
    (B) Letter of October 29, 1998 from the Maryland Department of the
Environment agreeing to meet certain conditions by no later than 12
months after July 22, 1999.
    (144) Revisions to the Maryland State Implementation Plan submitted
by the Maryland Department of the Environment on July 10, 1995, March
27, 1996, and September 25, 1998 as supplemented on May 25, 1999:
    (i) Incorporation by reference.
    (A) Letter of July 10, 1995, from the Maryland Department of the
Environment transmitting an Enhanced Vehicle Emissions Inspection
Program.
    (B) Regulations for the Vehicle Emissions Inspection Program COMAR
11.14.08. adopted by the Secretary of the Environment on August 1, 1994,
effective January 2, 1995:
    (1) COMAR 11.14.08.01 through COMAR 11.14.08.02, inclusive.
    (2) COMAR 11.14.08.03A.
    (3) COMAR 11.14.08.03A(1).
    (4) COMAR 11.14.08.03A(2) except the word ``federal,'' in the first
line.
    (5) COMAR 11.14.08.03B.
    (6) COMAR 11.14.08.04.
    (7) COMAR 11.14.08.05, section A.
    (8) COMAR 11.14.08.05 sections B(1) through (7), inclusive.
    (9) COMAR 11.14.08.05 sections C. through F., inclusive.
    (10) COMAR 11.14.08.06 through COMAR 11.14.08.42, inclusive.
    (C) Letter of March 27, 1996, from the Maryland Department of the
Environment transmitting amendments to the Enhanced Vehicle Emissions
Inspection Program.
    (D) Letter of September 25, 1998, from the Maryland Department of
the Environment transmitting amendments to the Enhanced Vehicle
Emissions Inspection Program.
    (E) The following revisions to the provisions of COMAR 11.14.08
adopted by the Secretary of the Environment
[[Page 51]]
on November 21, 1996, effective December 16, 1996:
    (1) Amendments to COMAR 11.14.08.03B.
    (2) The addition of a new COMAR 11.14.08.03C.
    (3) Amendments to COMAR 11.14.08.05B(4).
    (4) Amendments to COMAR 11.14.08.06D(7).
    (5) Renumbering COMAR 11.14.08.09A to .09B, .09B to .09C, .09C to
.09D and .09D to. 09E, .09E to .09F, and .09F to .09G.
    (6) The addition of a new COMAR 11.14.08.09A, A(1) and A(3).
    (7) Amendments to COMAR 11.14.08.09B(1), B(1)(a), B(1)(b), B(2),
B(3), B(3)(a), B(3)(b) and B(4).
    (8) Amendments to COMAR 11.14.08.09E.
    (9) The addition of a new COMAR 11.14.08.09-1 except the phrase
``and, to the extent allowed by federal law, a vehicle owned by the
federal government'' in section COMAR 11.14.08.09-1A.
    (10) Renumbering COMAR 11.14.08.06B(3) to B(4), B(4) to B(5), B(5)
to B(6), and B(6) to B(7).
    (11) Creation of a new COMAR 11.14.08.06B(3) from the last two
sentences of COMAR 11.14.08.06B(2).
    (12) Amendments to COMAR 11.14.08.10B(3).
    (13) Amendments to COMAR 11.14.08.10C.
    (14) Deletion of COMAR 11.14.08.10C(1), C(1)(a) through C(1)(c),
inclusive, and C(2).
    (15) Renumbering COMAR 11.14.08.10C(2)(a) to C(1), C(2)(b) to C(2),
C(2)(c) to C(3), C(2)(d) to C(4), C(2)(e) to C(5), and C(2)(f) to C(6).
    (16) The addition of a new COMAR 11.14.08.11-1 except the phrase
``and, to the extent allowed by federal law, a vehicle owned by the
federal government'' in section COMAR 11.14.08.11-1A.
    (17) Amendments to COMAR 11.14.08.12A.
    (18) Deletion of COMAR 11.14.08.12A(1) through .12A(6), inclusive.
    (19) Amendments to COMAR 11.14.08.12B(1).
    (20) Amendments to COMAR 11.14.08.29A(2).
    (21) Amendments to COMAR 11.14.08.30D(2).
    (22) Amendments to COMAR 11.14.08.32A.
    (23) Amendments to COMAR 11.14.08.32B(5).
    (24) Amendments to COMAR 11.14.08.42.
    (F) The following revisions to the provisions of COMAR 11.14.08
adopted by the Secretary of the Environment on September 16, 1998,
effective October 19, 1998:
    (1) Amendments to COMAR 11.14.08.02B(40), B(40(a), and B(40)(b).
    (2) Deletion of COMAR 11.14.08.03C.
    (3) Addition of a new COMAR 11.14.08.03C and .03D.
    (4) Amendments to COMAR 11.14.08.06A(2).
    (5) Amendments to COMAR 11.14.08.06A(3)(k), (p), (q) and (r).
    (6) Renumbering COMAR 11.14.08.06A(3)(s) and (t) to COMAR
11.14.08.06A(3)(t) and (u), respectively.
    (7) The addition of a new COMAR 11.14.08.06A(3)(s).
    (8) Amendment of COMAR 11.14.08.06D(7).
    (9) Addition of a new COMAR 11.14.08.07C.
    (10) Amendments to COMAR 11.14.08.09A.
    (11) Deletion of COMAR 11.14.08.09A(1) through .09A(3), inclusive.
    (12) Addition of a new COMAR 11.14.08.09A(1).
    (13) Addition of a new COMAR 11.14.08.09A(2), A(2)(a) and A(2)(b).
    (14) Amendments to COMAR 11.14.08.09B, B(1), B(1)(a) and B(1)(a)(i).
    (15) Amendments to COMAR 11.14.08.09B(1)(b).
    (16) Amendments to COMAR 11.14.08.09B(2) and B(2)(a).
    (17) Amendments to COMAR 11.14.08.09B(3).
    (18) Amendments to COMAR 11.14.08.09B(3)(a) and (b).
    (19) Amendments to COMAR 11.14.08.09A(4).
    (20) Amendments to COMAR 11.14.08.09A(4)(a).
    (21) Renumbering of COMAR 11.14.08.09E to .09F, .09F to .09G, and
.09G to .09H.
    (22) Reservation with notes of COMAR 11.14.08.09C and .09D,
    (23) Addition with a note of a new reserved COMAR 11.14.08.09E.
[[Page 52]]
    (24) Amendments to COMAR 11.14.08.09F and .09G.
    (25) Amendments to COMAR 11.14.08.10B(1)(c) and B(1)(d).
    (26) Amendments to COMAR 11.14.08.10C(6)(b).
    (27) Renumbering of COMAR 11.14.08.11 to COMAR 11.14.08.11-1.
    (28) Addition of a new COMAR 11.14.08.11.
    (29) Amendments to COMAR 11.14.08.11-1, .11-1A(3), .11-1A(4), 11-1B,
11-1B(4) and 11-1B(5).
    (30) Reservation with a note of COMAR 11.14.08.11-1C.
    (31) Amendments to COMAR 11.14.08.11-1D(1) and 11-1D(2).
    (32) Amendment to COMAR 11.14.08.12.
    (33) Renumbering of COMAR 11.14.08.12B to .12C.
    (34) Reservation with a note of COMAR 11.14.08.12A.
    (35) Addition a new COMAR 11.14.08.12B and .12B(1).
    (36) Addition with a note of a new reserved COMAR 11.14.08.12B(2).
    (37) Amendments to COMAR 11.14.08.12C(1) and C(3).
    (38) Amendments to COMAR 11.14.08.15C(7)(c).
    (39) Amendments to COMAR 11.14.08.16.
    (40) Renumbering COMAR 11.14.08.16C to COMAR 11.14.08.16D.
    (41) Reservation with a note of COMAR 11.14.08.16A and .16B.
    (42) Addition with a note of a new reserved COMAR 11.14.08.16C.
    (43) Amendments to COMAR 11.14.08.16D.
    (44) Renumbering COMAR 11.14.08.22C to COMAR 11.14.08.22D.
    (45) Reservation with a note of COMAR 11.14.08.22A and .22B.
    (46) Addition with a note of a new reserved COMAR 11.14.08.22C.
    (47) Amendments to COMAR 11.14.08.27C(2).
    (48) The deletion of COMAR 11.14.08.27C(3).
    (49) Renumbering COMAR 11.14.08.27C(4) to COMAR 11.14.08.27C(3).
    (50) Amendments to COMAR 11.14.08.28A.
    (51) Amendments to COMAR 11.14.08.32A.
    (52) Amendments to COMAR 11.14.08.32B(5).
    (53) Amendments to COMAR 11.14.08.42.
    (G) Letter of May 25, 1999, from the Maryland Department of the
Environment transmitting amendments to the Enhanced Vehicle Emissions
Inspection Program.
    (ii) Additional material.
    (A) Remainder of the July 10, 1995, submittal;
    (B) Remainder of March 27, 1996, submittal;
    (C) Remainder of September 25, 1998, submittal; and
    (D) Remainder of May 25, 1999, submittal.
    (145) Revisions to the Maryland State Implementation Plan submitted
on April 12, 1999, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 12, 1999, from the Maryland Department of the
Environment transmitting revisions to Maryland's State Implementation
Plan, pertaining to Regulation .15 under Code of Maryland Administrative
Regulations (COMAR) 26.11.19 Volatile Organic Compounds from Specific
Processes.
    (B) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive
Manufacturing and Adhesive Application amending the definition found at
COMAR 26.11.19.15 A(2) of the term ``honeycomb core installation'' to
include other substrates. This revision was adopted on March 2, 1999 and
effective on March 22, 1999.
    (C) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive
Manufacturing and Adhesive Application clarifying the applicability of
COMAR 26.11.19.15.C(4) General Emission Standard. This revision was
adopted on April 9, 1998 and effective on May 4, 1998.
    (ii) Additional Material--Remainder of April 12, 1999 submittal
pertaining to COMAR 26.11.19.15 Paint, Resin, and Adhesive Manufacturing
and Adhesive Application.
    (146) Revisions to the Maryland Regulations, through the addition of
COMAR 26.11.20.04, adopting the National Low Emission Vehicle Program.
This revision was submitted on March 3, 1999 by the Maryland Department
of the Environment, and was amended on March 24, 1999:
    (i) Incorporation by reference.
[[Page 53]]
    (A) Letter of March 3, 1999 from the Maryland Department of the
Environment transmitting a revision to the Maryland State Implementation
Plan for a National Low Emission Vehicle program.
    (B) Letter of March 24, 1999 from the Maryland Department of the
Environment revising Maryland's State Implementation Plan for a National
Low Emission Vehicle program.
    (C) Maryland regulation COMAR 26.11.20.04, entitled ``National Low
Emission Vehicle Program'', effective March 22, 1999.
    (ii) Additional Material.--Remainder of March 3, 1999 and March 24,
1999 submittals pertaining to COMAR 26.11.20.04.
    (147) Revisions to the Maryland State Implementation Plan submitted
on March 11, 1999, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of March 11, 1999, from the Maryland Department of the
Environment transmitting revisions to Maryland's State Implementation
Plan, pertaining to Code of Maryland Administrative Regulations (COMAR)
26.11.19. Volatile Organic Compounds from Specific Processes at
26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating.
    (B) Revision to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other
Plastic Parts Coating to add at COMAR 26.11.19.07 F. ``Emission
Standards for Printing on Plastic Other than Vinyl.'' This revision was
adopted on August 6, 1997, and effective on September 8, 1997.
    (C) Revisions to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other
Plastic Parts Coating, adopted August 4, 1998, and effective on August
24, 1998, including the following:
    (1) Revision to COMAR 26.11.19.07 B. ``Applicability'' at B (1) to
delete previous text describing subject coating and printing operations
and to add new text stating that the regulation applies to any coating
or printing operation that it listed in and has VOC emissions equal to
or greater than the applicability levels in subsection C. (2) and (3) of
this regulation.
    (2) Revision to COMAR 26.11.19.07 C. to change the title from
``Emission Standards for Web, Paper, Fabric, and Vinyl Coating'' to
``Emission Standards for Coating or Printing Installations.''
    (3) Revision to COMAR 26.11.19.07 C. (1) to delete text which
specified installations by substrates and listed the associated emission
standards, and to add text to refer to the installations and emission
standards found in subsections C. (2) and (3) of this regulation.
    (4) Revision to COMAR 26.11.19.07 to add subsection C. (2) and (3)
to list in tabular format subject installations, applicability
thresholds, and VOC emission standards.
    (5) Revision to COMAR 26.11.19.07 to delete subsections E. D. and F.
as their requirements are found in the new simplified table at COMAR
26.11.19.07 C (2) and (3).
    (ii) Additional Material--Remainder of March 11, 1999 submittal
pertaining to COMAR 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic
Parts Coating.
[37 FR 10870, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1070, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
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 54]]
Sec. 52.1072  Conditional approval.
    (a) [Reserved]
    (b) The State of Maryland's July 12, 1995 submittal for the 15
Percent Rate of Progress Plan (15% plan) for the Maryland portion of the
Metropolitan Washington, DC ozone nonattainment area, is conditionally
approved based on certain contingencies. The conditions for
approvability are as follows:
    (1) Maryland's 15% plan must be revised to account for growth in
point sources from 1990-1996.
    (2) Maryland must meet the conditions listed in the October 31, 1996
proposed conditional I/M rulemaking notice, remodel the I/M reductions
using the following two EPA guidance memos: ``Date by which States Need
to Achieve all the Reductions Needed for the 15 Percent Plan from
I/M and Guidance for Recalculation,'' note from John Seitz and Margo
Oge, dated August 13, 1996, and ``Modeling 15 Percent VOC Reductions
from I/M in 1999--Supplemental Guidance,'' memorandum from Gay MacGregor
and Sally Shaver, dated December 23, 1996.
    (3) Maryland must remodel to determine affirmatively the creditable
reductions from RFG, and Tier 1 in accordance with EPA guidance.
    (4) Maryland must submit a SIP revision amending the 15% plan with a
demonstration using appropriate documentation methodologies and credit
calculations that the 56.4 tons/day reduction, supported through
creditable emission reduction measures in the submittal, satisfies
Maryland's 15% ROP requirement for the Metropolitan Washington, DC
nonattainment area.
    (c) [Reserved]
    (d) Revisions to the Maryland State Implementation Plan pertaining
to Maryland's major VOC source RACT and minor VOC source requirements,
COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991,
June 8, 1993, and July 12, 1995 by the Maryland Department of the
Environment are conditionally approved. Maryland must meet the following
conditions by no later than 12 months after the publication of the final
conditional rulemaking. These conditions are: Maryland certify that it
has submitted case-by-case RACT proposals for all sources subject to the
RACT requirements; or demonstrate that the emissions from any remaining
subject sources represent a de minimis level of emissions, as defined in
the final rulemaking notice.
    (i) Additional Material.
    (A) Letter of February 7, 1996 from the Maryland Department of the
Environment agreeing to meet certain conditions by no later than 12
months after the publication of the final conditional rulemaking. These
conditions are: Maryland submit case-by-case RACT proposals for all
sources subject to the RACT requirements; Maryland certify that, to the
best of its knowledge, there are no other sources subject to the RACT
requirements.
    (e) Revisions to the Code of Maryland Air Regulations (COMAR), rule
26.11.09.08, pertaining to NO<INF>X</INF> RACT submitted on June 8, 1993
and amended on July 11, 1995 by the Maryland Department of the
Environment, is conditionally approved based on certain contingencies.
Maryland must meet the following conditions by no later than 12 months
after July 22, 1999. These conditions are that Maryland must:
    (1) Certify that it has submitted case-by-case RACT SIPs for all
sources subject to the RACT requirements currently known to the
Department, or demonstrate that the emissions from any remaining subject
sources represent a de minimis level of emissions;
    (2) Either submit COMAR 26.11.01.11 to EPA for approval, or revise
COMAR 26.11.09.08F to clearly explain the reporting and record keeping
requirements in COMAR 26.11.09.08;
    (3) Change COMAR 26.11.09.08D to unambiguously require all emissions
trading plans and proposals be submitted as individual SIP revisions, or
meet all the requirements of a discretionary EIP.
[62 FR 40944, July 31, 1997, as amended at 62 FR 49616, Sept. 23, 1997;
62 FR 52666, Oct. 9, 1997; 63 FR 47179, Sept. 4, 1998; 64 FR 33200, June
22, 1999; 64 FR 58344, Oct. 29, 1999; 65 FR 5252, Feb. 3, 2000]
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.
[[Page 55]]
    (b) With the exceptions set forth in this subpart, the Administrator
approves the amendment to Regulation 10.18.01 sections .01, .07, and
.11, Regulation 10.18.04 and 10.18.05 section .03D, .03F, .03H, .06I of
Maryland's plan for the attainment and maintenance of the national
standards under section 110 of the Clean Air Act. Furthermore, the
Administrator finds that portions of the plan, as submitted January 19,
1979, satisfy the requirements of part D, title 1, of the Clean Air Act
as amended in 1977.
In addition, continued satisfaction of the requirements of Part D for
the ozone portion of the SIP depends on the adoption and submittal of
RACT requirements by July 1, 1980, for the sources covered by CTGs
issued between January 1978 and January 1979 and adoption and submittal
by each subsequent January of additional RACT requirements for sources
covered by CTGs issued by the previous January.
    (c) Code of Maryland Air Regulations (COMAR) 26.11.13.06 is approved
with the following exception:
    (i) Distributors and retailers of gasoline-ethanol blends as defined
by 40 CFR 80.27(d)(2) are subject to the provisions of 40 CFR
80.27(d)(1) through 40 CFR 80.27(d)(3).
    (d) Letter of November 13, 1993, from the Maryland Department of the
Environment transmitting a commitment to adopt either the Federal clean
fuel fleet program or an alternative substitute program by May 15, 1994.
    (e) Conditional limited approval of revisions to the Maryland State
Implementation Plan, pertaining to Maryland's major VOC source RACT and
minor VOC source requirements, COMAR 26.11.19.02G and COMAR 26.11.06.06,
submitted on April 5, 1991, June 8, 1993, and July 12, 1995 by the
Maryland Department of the Environment.
[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]
Sec. 52.1074  Legal authority.
    (a) The requirements of Sec. 51.230(f) of this chapter are not met,
since section 698(f) of the Maryland Air Quality Control Act could, in
some circumstances, prohibit the disclosure of emission data to the
public. Therefore, section 698(f) is disapproved.
[39 FR 34536, Sept. 26, 1974, and 47 FR 20128, May 11, 1982, as amended
at 51 FR 40676, Nov. 7, 1986]
Sec. 52.1075  1990 base year emission 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
(NO<INF>X</INF>).
    (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
[[Page 56]]
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
(NO<INF>X</INF>).
    (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 (NO<INF>X</INF>).
    (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
(NO<INF>X</INF>).
    (g) EPA approves revisions to the Maryland State Implementation Plan
amending the 1990 base year emission inventories for the Baltimore ozone
nonattainment area, submitted by the Secretary of Maryland Department of
the Environment on December 24, 1997. This submittal consists of
amendments to the 1990 base year point, area, highway mobile and non-
road mobile source emission inventories for volatile organic compounds
and nitrogen oxides in the Baltimore ozone nonattainment area.
[60 FR 55326, Oct. 31, 1995, as amended at 61 FR 2937, Jan. 30, 1996; 61
FR 50717, Sept. 27, 1996; 61 FR 64029, Dec. 3, 1996; 62 FR 19679, Apr.
23, 1997; 62 FR 34405, 34406, June 26, 1997; 63 FR 36858, July 8, 1998;
65 FR 5252, Feb. 3, 2000]
Sec. 52.1076  Control strategies: 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.
[62 FR 40458, July 29, 1997, as amended at 63 FR 67782, Dec. 9, 1998; 65
FR 5252, Feb. 3, 2000]
Sec. 52.1077  Source surveillance.
    (a) The requirements of Sec. 51.212 of this chapter are not met
since the plans do not provide specific procedures for stationary
sources to be periodically tested.
[37 FR 10870, May 31, 1972, as amended at 47 FR 20128, May 11, 1982; 51
FR 40677, Nov. 7, 1986]
[[Page 57]]
Sec. 52.1078  [Reserved]
Sec. 52.1079  Requirements for state implementation plan revisions
          relating to new motor vehicles.
    Maryland must comply with the requirements of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
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]
Secs. 52.1081-52.1109  [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]
Secs. 52.1111-52.1112  [Reserved]
Sec. 52.1113  General requirements.
    (a) The requirements of Sec. 51.116(c) of this chapter are not met,
since sections 10.03.35.11I and 10.03.35.10A of the Maryland Regulations
governing the control of Air Pollution could, in some circumstances,
prohibit the disclosure of emission datato the public. Therefore,
regulations 10.03.35.11I and 10.03.35.10A are disapproved.
    (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.
[[Page 58]]
    (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 55329, Nov. 28, 1975;
52 FR 40676, Nov. 7, 1987]
Secs. 52.1114-52.1115  [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  Approval of bubbles in nonattainment areas lacking
          approved demonstrations: State assurances.
    In order to secure approval of a bubble control strategy for the
American Cyanamid facility in Havre de Grace, Maryland (see paragraph
52.1070(c)(87)), the Maryland Department of the Environment--Air
Management Administration provided certain assurances in a letter dated
September 13, 1988 from George P. Ferreri, Director, to Thomas J.
Maslany, Director, Air Management Division, EPA Region III. The State of
Maryland assured EPA it would:
    (a) Include the bubble emission limits for this plant in any new
State Implementation Plan,
    (b) Consider this plant with its approved bubble limits in reviewing
sources for needed additional emission reductions, and
    (c) Not be delayed in making reasonable efforts to provide the
necessary schedules for completing the new ozone attainment plan.
[55 FR 20272, May 16, 1990]
                        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 59]]
    (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]
[59 FR 41708, Aug. 15, 1994, as amended at 61 FR 43976, Aug. 27, 1996;
65 FR 19326, Apr. 11, 2000]
Sec. 52.1120  Identification of plan.
    (a) Title of plan: ``Plan for Implementation, Maintenance, and
Enforcement of National Primary and Secondary Ambient Air Quality
Standards.''
    (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 60]]
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 61]]
    (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 62]]
    (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 63]]
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 64]]
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 corrected to include the
word ``major'' before the word ``modification''.
[[Page 65]]
    (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 66]]
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 67]]
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.
    (B) Amendments to 310 CMR 7.00, ``Definitions'' effective in the
Commonwealth of Massachusetts on June 18,
[[Page 68]]
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 Protection on October 25, 1990
which define and impose RACT to control
[[Page 69]]
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.
    (94) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental
[[Page 70]]
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 testing procedures, and defects in State II
equipment.
    (C) Nonregulatory portions of the submittal.
[[Page 71]]
    (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.
    (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.
[[Page 72]]
    (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 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.
[[Page 73]]
    (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)  [Reserved]
    (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, 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
[[Page 74]]
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 minimus 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
    (A) Nonregulatory portions of the submittal.
    (116) [Reserved]
    (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
[[Page 75]]
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, NO<INF>X</INF> 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 (NO<INF>X</INF>)''
as adopted by the Commonwealth of Massachusetts on June 29, 1994 and
effective on July 1, 1994.
    (C) Emission Control Plan for Specialty Minerals, Incorporated, in
Adams, issued by Massachusetts and effective on June 16, 1995.
    (D) Emission Control Plan for Monsanto Company's Indian Orchard
facility in Springfield, issued by Massachusetts and effective on
October 28, 1996.
    (E) Emission Control Plan for Turners Falls Limited Partnership/
Indeck Energy Services Turners Falls, Inc., in Montague, issued by
Massachusetts and effective on March 10, 1998.
    (F) Emission Control Plan for Medusa Minerals Company in Lee, issued
by Massachusetts and effective on April 17, 1998.
    (G) Regulation 310 CMR 7.08(2), ``Municipal Waste Combustors,
adopted on July 24, 1998 and effective on August 21, 1998, excluding the
following sections which were not submitted as part of the SIP revision:
(a); the definition of ``Material Separation Plan'' in (c); (d)1; (d)2;
(d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2;
(g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4;
(h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c;
(i)2.d; (i)2.e; and (k)3.
    (H) Amendments to regulation 310 CMR 7.19, ``Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NO<INF>X</INF>)'' as adopted by the Commonwealth of Massachusetts on
January 5, 1999 and effective on January 22, 1999.
    (120) [Reserved]
    (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.
[37 FR 10871, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1120, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
[[Page 76]]
Sec. 52.1121  Classification of regions.
    The Massachusetts plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Boston Intrastate............................           I          I       III         I          I
Merrimack Valley-Southern New Hampshire Interstate........           I          I       III       III        III
Metropolitan Providence Interstate........................           I          I       III       III        III
Central Massachusetts Intrastate..........................           I         II       III       III        III
Hartford-New Haven-Springfield Interstate.................           I          I       III         I          I
Berkshire Intrastate......................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------
[37 FR 10872, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 61303, Sept. 16, 1980]
Sec. 52.1122  [Reserved]
Sec. 52.1123  Approval status.
    (a) With the exceptions set forth in this subpart the Administrator
approves the Massachusetts plan as identified in Sec. 52.1120 for
attainment and maintenance of the national standards under section 110
of the Clean Air Act. Furthermore, the Administrator finds that the plan
identified in Sec. 52.1120 satisfies all requirements of Part D, Title I
of the Clean Air Act as amended in 1977, except as noted below. In
addition, continued satisfaction of the requirements of Part D of the
ozone portion of the SIP depends on the adoption and submittal of RACT
requirements by July 1, 1980 for the sources covered by CTGs issued
between January 1978 and January 1979 and adoption and submittal by each
subsequent January of additional RACT requirements for sourceovered by
CTGs issued by the previous January.
    (b) The above requirements for continued satisfaction of Part D are
fulfilled by Massachusetts Regulation 310 CMR 7.18(17) and a narrative
commitment to review CTG IIIs issued in the future. Both were submitted
on September 9, 1982. Additionally, each individual RACT determination
made under 310 CMR 7.18(17) will be submitted as a SIP revision to
incorporate the limitation into the SIP, and DEQE will propose
regulations for CTG III category controls if the controls are
appropriate for the State.
[45 FR 61303, Sept. 16, 1980, as amended at 48 FR 51485, Nov. 9, 1983]
Sec. 52.1124  Review of new sources and modifications.
    (a) Revisions to Regulation 310 CMR 7.02(2)(d) submitted on March
30, 1979 are disapproved because they do not satisfy the requirements of
Sec. 51.161.
[39 FR 7281, Feb. 25, 1974, as amended at 40 FR 47495, Oct. 9, 1975; 45
FR 2043, Jan. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33923, June 29,
1995]
Sec. 52.1125  Emission inventories.
    (a) The Governor's designee for the Commonwealth of Massachusetts
submitted the 1990 base year emission inventories for the Springfield
nonattainment area and the Massachusetts portion of the Boston-Lawrence-
Worcester ozone nonattainment area on November 13, 1992 as a revision to
the State Implementation Plan (SIP). Revisions to the inventories were
submitted on November 15, 1993, and November 15, 1994, and March 31,
1997. The 1990 base year emission inventory requirement of section
182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied
for these areas.
    (b) The inventories are for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventories
covers point, area, non-road mobile, on-road mobile, and biogenic
sources.
    (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
[[Page 77]]
State. Both areas are classified as serious ozone nonattainment areas.
[62 FR 37514, July 14, 1997]
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 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
[[Page 78]]
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.
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.
[[Page 79]]
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 in the Finding Aids
section of this volume.
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.
----------------------------------------------------------------------------------------------------------------
                                              TSP                   SO<INF>2</INF>
        Nonattainment areas         --------------------------------------------    NO<INF>2</INF>         CO         O<INF>3</INF>
                                      Primary   Secondary   Primary   Secondary
----------------------------------------------------------------------------------------------------------------
Metropolitan Boston:
  Intrastate.......................  .........  .........          c          g          b  .........          h
  Boston...........................  .........  .........  .........  .........  .........          h  .........
  Danvers..........................          a          g  .........  .........  .........  .........  .........
  Cambridge........................          a          g  .........  .........  .........          h  .........
  Framingham.......................          a          g  .........  .........  .........  .........  .........
  Lynn.............................          a          g  .........  .........  .........  .........  .........
  Marblehead.......................          a          g  .........  .........  .........  .........  .........
  Norwood..........................          a          g  .........  .........  .........  .........  .........
  Medford..........................          a          g  .........  .........  .........          h  .........
  Peabody..........................          a          g  .........  .........  .........  .........  .........
  Quincy...........................          a          g  .........  .........  .........          h  .........
  Revere...........................          a          g  .........  .........  .........  .........  .........
  Swampscott.......................          a          g  .........  .........  .........  .........  .........
  Waltham..........................          a          g  .........  .........  .........          h  .........
  Remainder AQCR...................          a          b  .........  .........  .........          b  .........
Merrimack Valley-Southern:
  NH Interstate....................  .........  .........          c          c          b  .........          h
  Lowell...........................  .........  .........  .........  .........  .........          h  .........
  Haverhill........................          a          g  .........  .........  .........  .........  .........
  Lawrence.........................          a          g  .........  .........  .........  .........  .........
  Remainder AQCR...................          a          b  .........  .........  .........          b  .........
Metropolitan Providence:
  Interstate.......................  .........  .........          c          c          b          b          h
Fall River.........................          a          g  .........  .........  .........  .........  .........
  Remainder of AQCR................          a          b  .........  .........  .........  .........  .........
Central Mass Intrastate............  .........  .........          a          c          b  .........          h
  Worcester........................          f          g  .........  .........  .........          h  .........
  Athol............................          a          g  .........  .........  .........  .........  .........
  Fitchburg........................          a          g  .........  .........  .........  .........  .........
  Remainder of AQCR................          a          b  .........  .........  .........          b  .........
Hartford-New Haven Springfield:
  Interstate.......................  .........  .........          a          c          b  .........          h
  Springfield......................          a          g  .........  .........  .........          h  .........
  Remainder AQCR...................          a          b  .........  .........  .........          b  .........
Berkshire Intrastate...............  .........  .........          a          b          b          b          h
  Adams............................          a          g  .........  .........  .........  .........  .........
  North Adams......................          a          g  .........  .........  .........  .........  .........
  Pittsfield.......................          a          g  .........  .........  .........  .........  .........
  Remainder AQCR...................          a          b  .........  .........  .........  .........  .........
----------------------------------------------------------------------------------------------------------------
Note: Footnotes which are underlined are prescribed by the Administrator because the plan did not provide a
  specific date or the date provided was not acceptable.
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. May 31, 1975.
d. August 1, 1978.
e. May 31, 1977.
f. January 1, 1979.
g. 18-month extension for plan submittal granted, attainment date not yet proposed.
h. December 31, 1987.
[[Page 80]]
Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to the
  1977 Clean Air Act Amendments remain obligated to comply with those requirements by the earlier deadlines. The
  earlier attainment dates are set out at 40 CFR 52.1127 (1978).
[45 FR 61303, Sept. 16, 1980; 46 FR 33524, June 30, 1981]
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 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]
Secs. 52.1129-52.1130  [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.
[45 FR 2044, Jan. 10, 1980]
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.
[[Page 81]]
    (i) Approval--On December 12, 1994, the Massachusetts Department of
Environmental Protection submitted a request to redesignate the Boston
Area carbon monoxide nonattainment area to attainment for carbon
monoxide. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act, as amended in
1990. Elements of the section 175A maintenance plan include a base year
(1993 attainment year) emission inventory for carbon monoxide, a
demonstration of maintenance of the carbon monoxide NAAQS with projected
emission inventories to the year 2010 for carbon monoxide, a plan to
verify continued attainment, a contingency plan, and an obligation to
submit a subsequent maintenance plan revision in 8 years as required by
the Clean Air Act. If the area records a violation of the carbon
monoxide NAAQS (which must be confirmed by the State), Massachusetts
will implement one or more appropriate contingency measure(s) which are
contained in the contingency plan. The menu of contingency measures
includes an enhanced motor vehicle inspection and maintenance program
and implementation of the oxygenated fuels program. The redesignation
request and maintenance plan meet the redesignation requirements in
sections 107(d)(3)(E) and 175A of the Act as amended in 1990,
respectively. The redesignation meets the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the
Massachusetts Carbon Monoxide State Implementation Plan for the above
mentioned area.
[61 FR 2923, Jan. 30, 1996]
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.
[[Page 82]]
    (d) On or before June 30, 1974, no owner or operator of a motor
vehicle shall park, or permit the on-street parking of, said vehicle
within Cambridge or Boston proper except in conformity with the
provisions of this section and the measures implementing it.
    (e) The Governor and the chief executive of any other governmental
entity on which obligations are imposed by paragraph (b) of this section
should, on or before April 15, 1974, submit to the Regional
Administrator for his approval a detailed statement of the legal and
administrative steps selected to effect the prohibition provided for in
paragraphs (b) and (d) of this section, and a schedule of implementation
consistent with the requirements of this section. Such schedule shall
include as a minimum the following:
    (1) Designation of one or more agencies responsible for the
administration and enforcement of the program;
    (2) The procedures by which the designated agency will enforce the
prohibition provided for in paragraphs (b) and (d) of this section;
    (3) The procedures by which vehicles exempt from the requirements of
this section will be marked; and
    (4) A map showing which streets will be subject to the ban according
to the schedule of implementation.
    (f) Upon a finding that substantial hardship would otherwise be
experienced by employees of employment facilities located in Cambridge,
the Director of Traffic and Parking of the City of Cambridge may issue
special parking stickers to such employees which shall entitle vehicles
to park during the hours of the ban. Such stickers shall be valid only
for those streets and areas of streets clearly identified on the face of
such stickers, shall be issued with preference being given to carpools
and vanpools and shall be subject to immediate revocation if the vehicle
is cited for a parking violation on a street or area other than those
designated. A list of all persons receiving such stickers shall be sent
to the Regional Administrator on or before July 1 of each year.
    (g) The ban shall not apply to any street space which is subject to
metered parking with a maximum allowable time limit of one hour.
[40 FR 25162, June 12, 1975]
Sec. 52.1135  Regulation for parking   freeze.
    (a) Definitions:
    (1) The phrase to commence construction means to engage in a
continuous program of on-site construction including site clearance,
grading, dredging, or land filling specifically designed for a parking
facility in preparation for the fabrication, erection, or installation
of the building components of the facility. For the purpose of this
paragraph, interruptions resulting from acts of God, strikes,
litigation, or other matters beyond the control of the owner shall be
disregarded in determining whether a construction or modification
program is continuous.
    (2) The phrase to commence modification means to engage in a
continuous program of on-site modification including site clearance,
grading, dredging, or land filling in preparation for a specific
modification of the parking facility.
    (3) The phrase commercial parking space means a space used for
parking a vehicle in a commercial parking facility.
    (4) [Reserved]
    (5) Commercial parking facility (also called facility) means any
lot, garage, building or structure, or combination or portion thereof,
on or in which motor vehicles are temporarily parked 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
[[Page 83]]
total commercial parking spaces available for use on October 15, 1973,
in any municipality within the freeze area or at Logan International
Airport (``Logan Airport''). For purposes of the last clause of the
previous sentence, the 10 percent limit shall apply to each municipality
and Logan Airport separately.
    (b) [Reserved]
    (c) There is hereby established a freeze, as defined by paragraph
(a)(6) of this section, on the availability of commercial parking
facilities in the freeze area effective October 15, 1973. In the event
construction in any municipality, commenced prior to October 15, 1973,
results in a number of spaces which exceeds the 10 percent limit
prescribed by paragraph (a)(6) of this section, then the Governor shall
immediately take all necessary steps to assure that the available
commercial spaces within such municipality shall be reduced to comply
with the freeze. In the event that such limit is exceeded at Logan
Airport, then the provisions of paragraph (m) of this section shall
apply.
    (d) [Reserved]
    (e) After August 15, 1973, no person shall commence construction of
any commercial parking facility or modification of any such existing
facility in the freeze area unless and until he has obtained from the
Governor or from an agency approved by the Governor a permit stating
that construction or modification of such facility will be in compliance
with the parking freeze established by paragraph (c) of this section.
This paragraph shall not apply to any proposed parking facility for
which a general construction contract was finally executed by all
appropriate parties on or before August 15, 1973.
    (f) The Governor shall notify the Regional Administrator in writing
within 10 days of approval of any agency pursuant to paragraph (e) of
this section. In order for any agency to be approved by the Governor for
purposes of issuing permits pursuant to paragraph (e) of this section,
such agency shall demonstrate to the satisfaction of the Governor that:
    (1) Requirements for permit application and issuance have been
established. Such requirements shall include but not be limited to a
condition that before a permit may be issued the following findings of
fact or factually supported projections must be made:
    (i) The location of the facility; and
    (ii) The total motor vehicle capacity before and after the proposed
construction or modification of the facility.
    (2) Criteria for issuance of permits have been established and
published. Such criteria shall include, but not be limited to:
    (i) Full consideration of all facts contained in the application.
    (ii) Provisions that no permit will be issued if construction or
modification of the facility will not comply with the requirements of
paragraph (c) of this section.
    (3) Agency procedures provide that no permit for the construction or
modification of a facility covered by this section shall be issued
without notice and opportunity for public hearing. The public hearing
may be of a legislative type; the notice shall conform to the
requirements of 40 CFR 51.4(b); and the agency rules or procedures may
provide that if no notice of intent to participate in the hearing is
received from any member of the public (other than the applicant) prior
to 7 days before the scheduled hearing date, no hearing need be held. If
notice of intent to participate is required, the fact shall be noted
prominently in the required hearing notice.
    (g)-(l) [Reserved]
    (m) On or before January 30, 1975, the Massachusetts Port Authority
(``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
[[Page 84]]
will be fully implemented and maintained on and after May 1, 1976. In
the event that the Governor does not approve such plan by April 1, 1976,
then the owner or operator of each commercial parking facility located
at Logan Airport shall, on or before July 1, 1976, reduce the number of
commercial parking spaces available for use at each such facility by an
amount which bears the same proportion to the number of spaces exceeding
the limit imposed by this section as the number of spaces available at
such facility bears the total number of such spaces which were available
for use at Logan Airport on April 1, 1976.
    (n) Where an agency approved by the Governor under paragraph (e) of
this section to issue permits for new construction in the City of
Cambridge demonstrates to the satisfaction of the Governor that (1)
specific on-street parking spaces in use as of October 15, 1973, were
being legally and regularly used as of such date for parking by
commuters (as that term is defined in Sec. 52.1161(a)(6)) who are not
residents of Cambridge and that (2) effective measures have been
implemented (including adequate enforcement) to prevent such spaces from
being used by such commuters, then such approved agency may issue
permits for construction of additional new commercial parking spaces
equal to one-half of the number of spaces removed from regular use by
such commuters and the total quantity of commercial parking spaces
allowable in Cambridge under this section shall be raised accordingly.
    (o) On or before July 31, 1976, and on or before each succeeding
July 31, the Governor and the chief executive officer of any agency
approved by the Governor under paragraph (e) of this section shall
submit a report to the Regional Administrator setting forth:
    (1) The names and addresses of all persons who received permits
during the previous twelve-month period ending June 30 and number of
spaces allocated to each such person;
    (2) The number of commercial parking spaces available for use as of
the June 30 prior to the date of the report;
    (3) The number of commercial parking spaces which remain available
for allocation by the Governor or such agency as of the June 30 prior to
the date of the report, including those spaces made available because of
retirement of existing commercial parking spaces as well as those spaces
made available because of the effects of paragraphs (n), (p) and (q) of
this section; and
    (4) The location and capacity of any park-and-ride facility
designated under paragraph (p) of this section.
    (p) The Governor and any approved agency may issue a permit to
construct a commercial parking facility which is designated by the
Governor as a park-and-ride facility to be operated in conjunction with
mass transit service without regard to the limitations on number of
spaces imposed by this section.
    (q) Where an agency approved by the Governor can demonstrate to the
satisfaction of the Governor that there have been physically eliminated
through permanent modification or demolition any legal on-street parking
spaces within a municipality then such agency may issue permits for
construction within that municipality of additional new commercial
parking spaces equal to the number of spaces thus eliminated and the
total quantity of commercial parking spaces allowable for such
municipality under this section shall be increased accordingly.
    (r) The provisions of this regulation shall cease to be effective as
to that portion of the freeze area lying within the City of Boston and
not included within Boston proper or Logan Airport 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]
Secs. 52.1136-52.1144  [Reserved]
Sec. 52.1145  Regulation on organic solvent use.
    (a) Definitions:
[[Page 85]]
    (1) Organic solvents include diluents and thinners and are defined
as organic materials which are liquids at standard conditions and which
are used as dissolvers, viscosity reducers, or cleaning agents, except
that such materials which exhibit a boiling point higher than 220
deg.F. at 0.5 millimeters of mercury absolute pressure or having an
equivalent vapor pressure shall not be considered to be solvents unless
exposed to temperatures exceeding 220  deg.F.
    (2) Solvent of high photochemical reactivity means any solvent with
an aggregate of more than 20 percent of its total volume composed of the
chemical compounds classified below or which exceeds any of the
following individual percentage composition limitations in reference to
the total volume of solvent:
    (i) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cycloolefinic type of
unsaturation: 5 percent;
    (ii) A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethylbenzene: 8 percent;
    (iii) A combination of ethylbenzene, ketones having branched
hydrocarbon structures, trichloroethylene or toluene: 20 percent.
Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of the
above groups of organic compounds, it shall be considered as a member of
the most reactive chemical group, that is, that group having the least
allowable percentage of total volume of solvents.
    (3) Organic materials are chemical compounds of carbon excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides,
metallic carbonates, and ammonium carbonate.
    (b) This section is applicable throughout the Boston Intrastate
Region. The requirements of this section shall be in effect in
accordance with Sec. 52.1147.
    (c) No person shall cause, allow, suffer, or permit the discharge
into the atmosphere of more than 15 pounds of organic materials in any 1
day, nor more than 3 pounds of organic materials in any 1 hour, from any
article, machine, equipment, or other contrivance, in which any organic
solvent or any material containing organic solvent comes into contact
with flame or is baked, heat-cured, or heat-polymerized, in the presence
of oxygen, unless said discharge has been reduced as a result of the
installation of abatement controls by at least 85 percent. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or wire
that emit organic materials and use operations described in this section
shall be collectively subject to compliance with this section.
    (d) No person shall cause, suffer, allow, or permit the discharge
into the atmosphere of more than 40 pounds of organic materials in any 1
day, nor more than 8 pounds in any 1 hour, from any article, machine,
equipment, or other contrivance used under conditions other than
described in paragraph (c) of this section for employing, or applying
any solvent of high photochemical reactivity or material containing such
photochemically reactive solvent, unless said discharge has been reduced
as a result of the installation of abatement controls by at least 85
percent. Emissions of organic materials into the atmosphere resulting
from air or heated drying of products for the first 12 hours after their
removal from any article, machine, equipment or other contrivance
described in this section shall be included in determining compliance
with this 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
[[Page 86]]
the other emissions of organic materials from that article, machine,
equipment or other contrivance for determining compliance with this
section.
    (f) No person shall cause, suffer, allow, or permit during any one
day disposal of a total of more than 1.5 gallons of any solvent of high
photochemical reactivity, or of any material containing more than 1.5
gallons of any such photochemically reactive solvent by any means that
will permit the evaporation of such solvent into the atmosphere.
    (g) Emissions of organic materials into the atmosphere required to
be controlled by paragraph (c) or (d) of this section shall be reduced
by:
    (1) Incineration, provided that 90 percent or more of the carbon in
the organic material being incinerated is converted to carbon dioxide,
or
    (2) Adsorption, or
    (3) The use of other abatement control equipment determined by the
Regional Administrator to be no less effective than either of the above
methods.
    (h) A person incinerating, adsorbing, or otherwise processing
organic materials pursuant to this section shall provide, properly
install and maintain in calibration, in good working order, and in
operation, devices as specified in the authority to construct, or as
specified by the Regional Administrator, for indicating temperatures,
pressures, rates of flow, or other operating conditions necessary to
determine the degree and effectiveness of air pollution control.
    (i) Any person using organic solvents or any materials containing
organic solvents shall supply the Regional Administrator upon request
and in the manner and form prescribed by him, written evidence of the
chemical composition, physical properties, and amount consumed for each
organic solvent used.
    (j) The provisions of this rule shall not apply to:
    (1) The manufacture of organic solvents, or the transport or storage
of organic solvents or materials containing organic solvents.
    (2) The spraying or other use of insecticides, pesticides, or
herbicides.
    (3) The employment, application, evaporation, or drying of saturated
halogenated hydrocarbons or perchloroethylene.
    (4) The use of any material, in any article, machine, equipment or
other contrivance described in paragraph (c), (d), or (e) of this
section if:
    (i) The volatile content of such material consists only of water,
and organic solvents;
    (ii) The organic solvents comprise not more than 30 percent by
volume of said volatile content;
    (iii) The volatile content is not a solvent of high photochemical
reactivity as defined in paragraph (a) of this section; and
    (iv) The organic solvent or any material containing organic solvent
does not come into contact with flame. This last stipulation applies
only for those articles, machines, equipment or other contrivances that
are constructed or modified after November 8, 1973.
    (5) The use of any material, in any article, machine, equipment or
other contrivance described in paragraph (c), (d), or (e) of this
section if:
    (i) The organic solvent content of such material does not exceed 30
percent by volume of said material;
    (ii) The volatile content is not a solvent of high photochemical
reactivity; and
    (iii) [Reserved]
    (iv) The organic solvent or any material containing organic solvent
does not come into contact with flame. This last stipulation applies
only for those 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.
[[Page 87]]
    (8) Sources subject to the provisions of Massachusetts Regulation
310 CMR 7.18 which has been federally approved.
    (k) [Reserved]
    (l) All determinations of emission rates shall be conducted in a
manner approved in writing by the Regional Administrator.
[40 FR 25165, June 12, 1975, as amended at 47 FR 28373, June 30, 1982]
Sec. 52.1146  [Reserved]
Sec. 52.1147  Federal compliance schedules.
    (a) Except as provided in paragraph (c) of this section, the owner
or operator of a source subject to regulation under paragraph (c)(1) of
Sec. 52.1144 and Sec. 52.1145 shall comply with the increments of
progress contained in the following schedule:
    (1) Final control plans for emission control systems or process
modifications must be submitted on or before June 1, 1974, for sources
subject to Sec. 52.1144(c)(1) and on or before May 1, 1974 for sources
subject to Sec. 52.1145.
    (2) Contracts for emission control systems or process modifications
must be awarded or orders must be issued for the purchase of component
parts to accomplish emission control or process modifications on or
before March 1, 1975, for sources subject to Sec. 52.1144(c)(1) and on
or before July 1, 1974, for sources subject to Sec. 52.1145.
    (3) Initiation of on-site construction or installation of emission
control equipment or process modification must begin on or before May 1,
1975, for sources subject to Sec. 52.1144(c)(1) and on or before August
15, 1974, for sources subject to Sec. 52.1145.
    (4) On-site construction or installation of emission control
equipment or process modification must be completed prior to April 15,
1975, except for purposes of paragraph (c)(1) of Sec. 52.1144, the
applicable date shall be February 1, 1976.
    (5) Final compliance is to be achieved prior to May 31, 1975, except
for sources subject to paragraph (c)(1) of Sec. 52.1144 of this subpart.
Final compliance for sources subject to paragraph (c)(1) of Sec. 52.1144
is to be achieved by June 1, 1976.
    (i) Facilities subject to paragraph (c)(1)(iii) of Sec. 52.1144 of
this subpart which have a daily throughput of 20,000 gallons of gasoline
or less are required to have a vapor recovery system in operation no
later than May 31, 1977. Delivery vessels and storage containers served
exclusively by facilities required to have a vapor recovery system in
operation no later than May 31, 1977, also are required to meet the
provisions of this section no later than May 31, 1977.
    (6) Any owner or operator of stationary sources subject to
compliance schedule in this paragraph shall certify to the Administrator
within 5 days after the deadline for each increment of progress, whether
or not the required increment of progress has been met.
    (7) Any gasoline dispensing facility subject to paragraph (c)(1) of
Sec. 52.1144 which installs a storage tank after October 15, 1973, shall
comply with such paragraph by March 1, 1976. Any facility subject to
such paragraph which installs a storage tank after March 1, 1976 shall
comply with such paragraph at the time of installation.
    (b) Except as provided in paragraph (d) of this section, the owner
or operator of a source subject to paragraph (d)(1) of Sec. 52.1144
shall comply with the increments of progress contained in the following
compliance schedule:
    (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
[[Page 88]]
certify to the Administrator, within 5 days after the deadline for each
increment of progress, whether or not the required increment of progress
has been met.
    (7) Any gasoline dispensing facility subject to paragraph (d)(1) of
Sec. 52.1144 which installs a gasoline dispensing system after the
effective date of this regulation shall comply with the requirements of
such paragraph by May 31, 1977. Any facility subject to such paragraph
which installs a gasoline dispensing system after May 31, 1977, shall
comply with such paragraph at the time of installation.
    (c) Paragraph (a) of this section shall not apply:
    (1) To a source which is presently in compliance with all
requirements of paragraph (c)(1) of Sec. 52.1144 and Sec. 52.1145 and
which has certified such compliance to the Administrator by June 1,
1974. The Administrator may request whatever supporting information he
considers necessary for proper certification.
    (2) To a source for which a compliance schedule is adopted by the
Commonwealth and approved by the Administrator.
    (3) To a source subject to Sec. 52.1144(c)(1) whose owner or
operator submits to the Administrator by June 1, 1974, a proposed
alternative compliance schedule. No such schedule may provide for
compliance after March 1, 1976. If promulgated by the Administrator,
such schedule shall satisfy the requirements of this paragraph for the
affected source.
    (4) To a source subject to Sec. 52.1145 whose owner or operator
submits to the Administrator by May 1, 1974, a proposed alternative
compliance schedule. No such schedule may provide for compliance after
May 31, 1975. If promulgated by the Administrator, such schedule shall
satisfy the requirements of this paragraph for the affected source.
    (d) Paragraph (b) of this section shall not apply:
    (1) To a source which is presently in compliance with paragraph
(d)(1) of Sec. 52.1144 and which has certified such compliance to the
Administrator by January 1, 1975. The Administrator may request whatever
supporting information he considers necessary for proper certification.
    (2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
    (3) To a source whose owner or operator submits to the Administrator
by June 1, 1974, a proposed alternative schedule. No such schedule may
provide for compliance after May 31, 1977. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
    (e) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (a) or (b) of this section fails
to satisfy and requirements of 40 CFR 51.15 (b) and (c).
[38 FR 30970, Nov. 8, 1973]
    Editorial Notes: (1) For Federal Register citations affecting
Sec. 52.1147, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
    (2) The compliance dates given in paragraphs (b) (1) through (3) of
Sec. 52.1147 were deferred indefinitely at 40 FR 1127, Jan. 6, 1975.
Secs. 52.1148-52.1159  [Reserved]
Sec. 52.1160  Requirements for state implementation plan revisions
          relating to new motor vehicles.
    Massachusetts' adopted LEV program must be revised to the extent
necessary for the state to comply with all aspects of the requirements
of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.1161  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
[[Page 89]]
level or higher training including vocational training located in the
Boston Intrastate Region.
    (3) Employee means any person who performs work for an employer
thirty-five or more hours per week and for more than twenty weeks per
year for compensation and who travels to and from work by any mode of
travel.
    (4) Student means any full-time day student who does not live at the
educational institution and who travels to and from classes by any mode
of travel.
    (5) Affected facility means any employment facility at which 50 or
more persons are employees or any educational facility at which 250 or
more persons are students and employees.
    (6) Commuter means both an employee and a student.
    (7) Single-passenger commuter vehicle means a motor-driven vehicle
with four or more wheels with capacity for a driver plus one or more
passengers which is used by a commuter traveling alone to work or
classes and is not customarily required to be used in the course of his
employment or studies.
    (8) Base date means the date set forth in paragraph (d) of this
section as of which the base number of single-passenger commuter
vehicles at a particular employment facility or educational institution
must be determined.
    (9) The Secretary means the Secretary of Transportation and
Construction of the Commonwealth of Massachusetts.
    (b) Commencing with the effective date of this section, each
employer and educational institution (except as provided below) shall
diligently and expeditiously implement and thereafter continuously
maintain the following mandatory measures which are designed to achieve
a goal of reducing the number of single-passenger commuter vehicles
customarily commuting daily to each affected facility as of its base
date by 25 percent (or as adjusted pursuant to paragraph (g) of this
section):
    (1) Making available to commuters any pass program offered by the
Massachusetts Bay Transportation Authority, if any commuter to the
facility uses the mass transit facilities of such Authority as part of
his daily commuting trip, including making all administrative
arrangements for commuters to purchase the pass and thereby participate
in the pass program and encouraging commuters to participate by such
means as publicizing the availability of the pass program and the cost
advantages thereof.
    (2)-(8) [Reserved]
[40 FR 25166, June 12, 1975, as amended at 47 FR 28373, June 30, 1982;
41 FR 10223, Mar. 10, 1976]
Sec. 52.1162  Regulation for bicycle use.
    (a) Definitions:
    (1) Bicycle means a two-wheel nonmotor-powered vehicle.
    (2) Bike path means a route for the exclusive use of bicycles
separated by grade or other physical barrier from motor traffic.
    (3) Bike lane means a street lane restricted to bicycles and so
designated by means of painted lanes, pavement coloring or other
appropriate markings. A peak hour bike lane means a 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:
[[Page 90]]
    (1) The physical design for bikeways, intersections involving
bikeways, and means of bicycle link-ups with other modes of
transportation;
    (2) The location of bikeways, including ascertaining high accident
or pollution areas and developing means of avoiding or ameliorating
those situations as well as means of providing intersection safety
generally;
    (3) The location of bicycle parking facilities, including bus stops;
    (4) The rules of the road for bicyclists, and to the extent that
present rules must be modified because of bikeways, new rules of the
road for motorists. Also the feasibility of mandatory adult bicycle
registration to minimize theft and increase recovery of stolen bicycles;
    (5) Bicycle safety education for bicyclists, motorists, children,
students, street maintenance personnel and policemen, including
requiring bicycle safety principles and safe street riding skills to be
taught in high school automobile driver(s) education programs;
    (6) Methods for publicizing bicycles or bicycles plus mass transit
as alternatives to automobile transportation, including the preparation,
perhaps in conjunction with bicentennial efforts, of a master Boston
area transit map, indicating the kind, extent and location of bicycle
facilities, public baths, showers, toilet facilities, water fountains,
as well as routes and stops for MBTA, common carriers and private bus
lines, such map to be distributed by the Registry of Motor Vehicles with
each automobile new registration and automobile registration renewal;
    (7) Requiring or providing incentives for common carriers and mass
transit carriers, especially the Blue Line of the MBTA, to provide
bicycle parking facilities at their respective terminals and stations
and bicycle carrying facilities on their respective vehicles;
    (8) The creation of roadway zones in which all vehicles, except mass
transit, emergency and service vehicles, and bicycles, would be
excluded;
    (9) Requiring or providing incentives for office buildings and
employers to install and to provide free shower and locker facilities
for cyclists;
    (10) A bicycle user and potential user survey, which shall at a
minimum determine:
    (i) For present bicycle riders, the origin, destination, frequency,
travel time, distance and purpose of bicycle trips;
    (ii) In high density employment areas, the present modes of
transportation of employees and the potential modes of transportation,
including the numbers of employees who would use a bicycle for a
significant portion of their commuting transportation were suitable
facilities available to them. This section of the study shall seek to
ascertain the size of the working population that would move from
automobiles to mass transit and bicycles or bicycles alone as a
significant form of transportation. It shall also seek to ascertain what
bicycle facilities or mix thereof would produce the greatest conversion
from auto use;
    (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
[[Page 91]]
miles of bikeways, examine as large a network of facilities as is
practicable within the area described in paragraph (b) of this section
and shall recommend physical designs for said facilities. The study
shall also propose a compliance schedule for establishing any
recommended permanent bicycle facilities.
    (d) The Commonwealth of Massachusetts shall submit to the Regional
Administrator no later than October 1, 1975, a detailed compliance
schedule showing the steps that will be taken to carry out the study
required by paragraph (c) of this section. The compliance schedule shall
at a minimum include:
    (1) Designation of the agency responsible for conducting the study;
    (2) A date for initiation of the study, which date shall be no later
than October 1, 1975; and
    (3) A date for completion of the study, and submittal thereof to the
Administrator, which date shall be no later than June 30, 1976.
    (e) On or before September 1, 1976, the Administrator shall publish
in the Federal Register his response to the study required by paragraph
(c) of this section, and shall, in that response, either approve the
facility location and designs and other requirements as well as the
proposed compliance schedule for permanent facilities recommended in the
study, or shall designate alternative and/or additional facility
locations and designs and other requirements as well as modify the
proposed compliance schedule for permanent facilities. The Administrator
may provide, if he deems it necessary, for a public comment period prior
to the effective date of his response.
    (f) Permanent bicycle facilities. At the conclusion of the study
required by paragraph (c) of this section and the Administrator's
response thereto, the Commonwealth shall, together with the
municipalities and other authorities having jurisdiction over affected
roadways and areas establish permanent bicycle facilities as required by
the Administrator's response to the study.
    (g) The potential bikeway corridors to be studied pursuant to
paragraph (c)(16) are as follows:
    (1) Central Square, Cambridge to Boston University;
    (2) Harvard Square, Cambridge to Union Square, Allston;
    (3) Union Square, Somerville to Central Square, Cambridge;
    (4) Union Square, Allston to Government Center;
    (5) Harvard Square, Cambridge to Government Center;
    (6) Brookline Village to Government Center;
    (7) Boston University to Longwood Avenue Hospital Zone;
    (8) Egleston Square to Government Center;
    (9) Columbus Park to Boston Common;
    (10) L Street Beach to Government Center;
    (11) Powder House Circle, Somerville to Harvard Square;
    (12) Everett to Government Center;
    (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
[[Page 92]]
and bike safety information, as well as for a program of bicycle safety
education including the motor vehicle operators license examination and
public service advertisement.
[40 FR 25168, June 12, 1975]
Sec. 52.1163  Additional control measures for East Boston.
    (a) On or before December 31, 1975, the Governor, the Mayor of the
City of Boston, the Chairman of the Massachusetts Bay Transportation
Authority, the Chairman of the Massachusetts Turnpike Authority and the
Chairman of the Massachusetts Port Authority (``Massport'') shall each
submit to the Regional Administrator a study or studies of various
alternative strategies to minimize the number of vehicle trips to and
from Logan International Airport (``Logan Airport'') and to reduce the
amount of carbon monoxide in the vicinity of the Callahan and Sumner
Tunnels to a level consistent with the national primary ambient air
quality standards. These studies may be combined into one or more joint
studies. These studies shall contain recommendations for control
measures to be implemented prior to May 31, 1977. Measures to be studied
shall include but need not be limited to, the following:
    (1) Incentives and programs for reductions in the use of single-
passenger vehicles through the Callahan and Sumner Tunnels;
    (2) Alterations in traffic patterns in the tunnel area;
    (3) Use of exclusive lanes for buses, carpools, taxis and limousines
during peak travel hours;
    (4) Reduction of parking spaces at Logan Airport and increased
parking charges at remaining spaces;
    (5) Construction of satellite terminal facilities for Logan Airport;
    (6) Use of alternate modes of transportation for trips to and from
Logan Airport, and establishment of facilities at Logan Airport to
accommodate such modes;
    (7) Improved transit service between the Blue Line subway stop and
airline terminals at Logan Airport; and
    (8) Any other measures which would be likely to contribute to
achieving the required reductions.
    (b) Massport shall monitor the number of vehicles entering and
leaving Logan Airport so as to provide the Secretary of Transportation
for the Commonwealth (the ``Secretary'') with reports on a semi-annual
basis, beginning on January 30, 1976, showing total vehicle trips per
day for the six-month period ending on the previous December 31 or June
30, presented and tabulated in a manner prescribed by the Secretary.
    (c) Massport shall, on or before June 30, 1976, prepare and submit
to the Secretary draft legislation which, if enacted into law, would
alleviate local licensing problems of bus and limousine companies in
order to facilitate increased and improved bus and limousine service for
travelers using Logan Airport.
    (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;
[[Page 93]]
    (3) Any such employer (including Massport) may fulfill its
obligations under paragraph (b)(7) of Sec. 52.1161 by fully cooperating
with and participating in the Logan Airport carpool program (including
bearing its proportional share of the program's cost); and
    (g) Massport shall, on or before October 15, 1975, implement a
program of systematic dissemination to employers and employees at Logan
Airport of information regarding the Massachusetts Bay Transportation
Authority pass program, bus and train schedules and rates, park-and-ride
facilities, and other transportation programs and services available to
employees at Logan Airport.
    (h) Massport shall, on or before January 1, 1976, implement and
maintain a program to allow all employees at Logan Airport, regardless
of the size of the particular employment facility at which they work, to
participate in any available pass program made available by the
Massachusetts Bay Transportation Authority, including the use of
Massport as a central clearinghouse for the purpose of aggregating
employees and for fiscal management of such pass program.
[40 FR 25169, June 12, 1975]
Sec. 52.1164  Localized high concentrations--carbon monoxide.
    (a) Not later than October 1, 1975, the Commonwealth shall have
developed and have begun to implement a program to identify urban and
suburban core areas and roadway/intersection complexes within the Boston
Intrastate Region which violate the national ambient air quality
standards for carbon monoxide. Once such localized areas have been
identified, the Commonwealth, in cooperation with the affected local
municipalities, shall develop and implement appropriate control
strategies to insure that such air quality standards will be achieved at
such areas. Plans shall be developed to include provisions for the
entire municipality in order to insure that the implemented strategies
will not create carbon monoxide violations elsewhere in the vicinity
after the measures have been applied.
    (b) To accomplish the requirements of paragraph (a) of this section,
the Commonwealth shall do the following:
    (1) Identify areas of potentially high carbon monoxide
concentrations by reviewing all available traffic data, physical site
data and air quality and meteorological data for all major intersections
and roadway complexes within the Region. The Regional Administrator will
provide general guidance on area designations to assist in the initial
identification process.
    (2) Areas identified under paragraph (b)(1) of this section shall be
studied in further detail, including meteorological modeling, traffic
flow monitoring, air quality monitoring and other measures necessary to
accurately quantify the extent and actual levels of carbon monoxide in
the area. A report containing the results of these analyses and
identifying such areas shall be submitted to the Regional Administrator
no later than March 1, 1976.
    (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
[[Page 94]]
and shall be implemented by May 31, 1977.
    (c) The Commonwealth shall annually review the effectiveness of the
control strategies developed pursuant to this section and modify them as
necessary to insure that such carbon monoxide standards will be attained
and maintained. The results of this review and any changes in the
measures which the Commonwealth recommends as a result thereof shall be
reported to the Regional Administrator annually as required under
Sec. 52.1160.
    (d) Prior to submitting any plan to the Regional Administrator under
paragraph (b)(3), the Commonwealth shall give prominent public notice of
the general recommendations of such plan, shall make such plan available
to the public for at least 30 days and permit any affected public agency
or member of the public to comment in writing on such plan. The
Commonwealth shall give the Regional Administrator timely notice of any
public hearing to be held on such plan and shall make all comments
received available to the Regional Administrator for inspection and
copying.
[40 FR 25170, June 12, 1975]
Sec. 52.1165  Significant deterioration of air quality.
    (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 (b) through (v) are hereby
incorporated and made a part of the applicable State plan for the State
of Massachusetts.
[43 FR 26410, June 19, 1978]
Sec. 52.1166  [Reserved]
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.
[[Page 95]]
                                Table 52.1167--EPA-Approved Rules and Regulations
                                           [See Notes at end of Table]
----------------------------------------------------------------------------------------------------------------
                                              Date        Date        Federal                      Comments/
   State citation        Title/subject     submitted  approved by    Register     52.1120(c)      unapproved
                                            by State      EPA        citation                      sections
----------------------------------------------------------------------------------------------------------------
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
                                            2/25/86;                                           definitions and
                                             6/23/86                                           one amended
                                                                                               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.''
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.
[[Page 96]]
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.
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          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 7.02........  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
                                             1/15/87                                           and 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.
[[Page 97]]
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
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
                       external floating                                                       or equivalent
                       roof tanks.                                                             weather 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(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(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
                       Berkshire APCD.                                                         and Company Inc.,
                                                                                               and Schweitzer
                                                                                               Division,
                                                                                               Kimberly Clark
                                                                                               Corporation,
                                                                                               Columbia Mill.
                                             4/14/77       3/7/79  44 FR 12422            13  Approves the
                                             8/11/78                                           burning of 2.2%
                                             8/31/78                                           at 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
                                             5/25/76                                           of 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.
[[Page 98]]
                      Sulfur content of      9/28/79      6/17/80  45 FR 40987            24  Approves the
                       fuels and control                                                       burning of 2.2%
                       thereof for                                                             at Fitchburg
                       central APCD.                                                           Paper (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
                                            12/30/76                                           of 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
                       fuels and control     9/16/75                                           of 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.
                      Sulfur content of     12/28/78      5/21/79  44 FR 29453            20  Permanent
                       fuels and control                                                       extension to burn
                       thereof for                                                             2.2%.
                       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
                       thereof for                                                             sources listed in
                       Pioneer Valley                                                          52.1125.
                       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%
[[Page 99]]
                                              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
                       fuels and control                                                       of 2.2% for
                       thereof for                                                             sources listed in
                       Southeastern APCD.                                                      52.1126, 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(4).....  Ash content of          1/3/79      5/21/79  44 FR 29453            21  ..................
                       fuels for Pioneer
                       Valley for APCD.
                      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  ..................
[[Page 100]]
310 CMR 7.08(2),      MWC NO<INF>X</INF>                1/11/99       9/2/99  64 FR 48098           119  Only approved NO<INF>X</INF>
 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
 (d)3; (d)4; (d)5;                                                                             sections were not
 (d)6; (d)8; (f)1;                                                                             submitted as part
 (f)2; (f)5; (f)6;                                                                             of the SIP: (a),
 (f)7; (g)1; (g)2;                                                                             the 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 7.09........  Dust and odor......    8/28/72     10/28/72  37 FR 23085             4  ..................
                                             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 7.14(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
                                             5/16/79                                           single 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.
[[Page 101]]
310 CMR 7.18(1).....  U Applicability and    8/17/89      1/11/93  58 FR 3495             93  Approval of 310
                       Handling                                                                CMR CMR 7.18(1),
                       Requirements.                                                           (a), (c), (d) and
                                                                                               (e).
310 CMR 7.18(2).....  U Compliance with     8/27/82;      1/11/93  58 FR 3495             93  Approval of 310
                       Emission             8/17/89;                                           CMR 7.18(2),
                       Limitations.           6/7/91                                           (2)(a), (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)(b)..  Generic VOC bubble      3/6/81      3/29/82  47 FR 13143            42  Includes surface
                       for surface          11/12/81                                           coating of metal
                       coaters.                                                                cans, large
                                                                                               appliances,
                                                                                               magnet wire
                                                                                               insulation,
                                                                                               automobiles,
                                                                                               paper fabric and
                                                                                               vinyl.
                      Generic VOC bubble     6/24/80      7/12/82  47 FR 30060            47  Adds metal coils.
                       for surface
                       coaters.
                      Generic VOC bubble     3/29/95       8/8/96  61 FR 41338           112  Replaces earlier
                       for surface                                                             emissions
                       coaters.                                                                averaging rules
                                                                                               for surface
                                                                                               coaters.
                                             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)(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(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(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
                       coating.                                                                for 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.
[[Page 102]]
310 CMR 7.18(8).....  U Solvent Metal        8/17/89      1/11/93  58 FR 3495             93  Approval of 310
                       Degreasing.                                                             CMR 7.18(8),
                                                                                               (8)(d), (8)(d)1.,
                                                                                               (8)(e), (8)(f)
                                                                                               and (8)(g).
310 CMR 7.18(8).....  U Solvent Metal         6/7/91      6/30/93  58 FR 34911            58  Approval of 310
                       Degreasing.                                                             CMR 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(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
                       of Miscellaneous                                                        CMR 7.18(11),
                       Metal Parts and                                                         (11)(b), (11)(c),
                       Products.                                                               (11)(d) and
                                                                                               (11)(e).
310 CMR 7.18(11)....  U Surface Coating       6/7/91      6/30/93  58 FR 34911            58  Approval of 310
                       of Miscellaneous                                                        CMR 7.18 (11),
                       Metal Parts and                                                         (11)(a),
                       Products.                                                               (11)(a)1.,
                                                                                               (11)(a)2.,
                                                                                               (11)(a)3.
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
                       Systems-Percholor-                                                      CMR 7.18(13),
                       ethylene.                                                               (13)(c), (13)(d)
                                                                                               and (13)(e). 310
                                                                                               CMR 7.18(13)(a)
                                                                                               8. has been
                                                                                               deleted.
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.
[[Page 103]]
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.
                      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
                       Available Control      6/7/91                                           CMR 7.18(17),
                       Technology.                                                             (17)(a), (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.
[[Page 104]]
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(18)....  Polystyrene Resin     2/21/86;      8/31/87  52 FR 32792            73  Regulation
                       Manufacture.         2/25/86;                                           pursuant to Group
                                             6/23/86                                           III CTG,
                                                                                               ``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(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(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(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(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(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(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(26)....  Textile finishing      2/17/93     9/3/1999  64 FR 48304        c(117)  Adds VOC RACT for
                                                                                               textile
                                                                                               finishing.
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(28)....  Automotive            01/09/95      2/14/96  61 FR 5699            109  Reasonably
                       Refinishing.                                                            Available Control
                                                                                               Technology
                                                                                               Requirement
                                                                                               (RACT) for
                                                                                               automotive
                                                                                               refinishing.
310 CMR 7.19........  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.
                                            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.
[[Page 105]]
                                             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%
                       energy                                                                  until February
                       conservation                                                            12, 1989.
                       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........  NO<INF>X</INF> RACT...........    7/15/94       9/2/99  64 FR 48098           119  NO<INF>X</INF> RACT
                                                                                               regulations.
310 CMR 7.19........  NO<INF>X</INF> RACT...........    10/4/96       9/2/99  64 FR 48098           119  Facility specific
                                                                                               NO<INF>X</INF> RACT for
                                                                                               Specialty
                                                                                               Minerals,
                                                                                               Incorporated.
310 CMR 7.19........  NO<INF>X</INF> RACT...........    12/2/96       9/2/99  64 FR 48098           119  Facility specific
                                                                                               NO<INF>X</INF> RACT for
                                                                                               Monsanto
                                                                                               Company's Indian
                                                                                               Orchard facility.
310 CMR 7.19........  NO<INF>X</INF> RACT...........    4/16/99       9/2/99  64 FR 48098           119  Facility specific
                                                                                               NO<INF>X</INF> RACT for
                                                                                               Turners Falls
                                                                                               Limited
                                                                                               Partnership/
                                                                                               Indeck Energy
                                                                                               Services Turners
                                                                                               Falls, Inc., in
                                                                                               Montague.
310 CMR 7.19........  NO<INF>X</INF> RACT...........    4/16/99       9/2/99  64 FR 48099           119  Facility specific
                                                                                               NO<INF>X</INF> RACT for
                                                                                               Medusa Minerals
                                                                                               Company in Lee.
310 CMR 7.19........  NO<INF>X</INF> 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 (2)(d).  Generic NO<INF>X</INF>            3/29/95       8/8/96  61 FR 41338           112  Adds credit
                       bubbling and                                                            creation option
                       trading for RACT                                                        for NO<INF>X</INF> RACT
                       sources.                                                                sources.
310 CMR 7.19 (2)(g).  Generic NO<INF>X</INF>            3/29/95       8/8/96  61 FR 41338           112  Adds credit use
                       bubbling and                                                            option for NO<INF>X</INF>
                       trading for RACT                                                        RACT sources.
                       sources.
310 CMR 7.19 (14)...  Generic NO<INF>X</INF>            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 NO<INF>X</INF>
                                                                                               RACT sources.
310 CMR 7.20........  U Motor Vehicle         6/7/91      6/30/93  58 FR 34911            58  Approval of 310
                       Inspection and                                                          CMR 7.20(10)(c)2.
                       Maintenance                                                             to correct a
                       Emission Analyzer                                                       typographical
                       Approval Process                                                        error.
                       and Inspection
                       Requirements and
                       Procedures.
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........  U Organic Material     6/7/91,      6/30/93  58 FR 34911            58  Replacement of 310
                       Storage and         11/13/92,                                           CMR 7.24,
                       Distribution.         2/17/93                                           7.24(1), 7.24(2),
                                                                                               7.24(3), and
                                                                                               7.24(4).
310 CMR 7.24(3).....  Distribution of        2/17/93     9/3/1999  64 FR 48304        c(117)  Amends
                       motor vehicle fuel.                                                     distribution of
                                                                                               motor fuel
                                                                                               requirements,
                                                                                               applicability,
                                                                                               recordkeeping and
                                                                                               testing
                                                                                               requirements.
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).
310 CMR 7.24(6).....  Dispensing of motor    2/17/93      9/15/93  58 FR 48318            98  Previous version
                       vehicle fuel.                                                           of rule approved
                                                                                               as strengthening
                                                                                               the Massachusetts
                                                                                               SIP.
                                                                                              Revised rule being
                                                                                               approved as
                                                                                               meeting the Clean
                                                                                               Air Act
                                                                                               requirements.
310 CMR 7.24(8).....  Marine Volatile       10/17/97      4/11/00  65 FR 19326           115  ..................
                       Organic Liquid
                       Transfer.
[[Page 106]]
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 7.27........  NO<INF>X</INF> Allowance         12/19/97       6/2/99  64 FR 29569      (c)(118)  Approval of NOx
                       Program.                                                                cap and allowance
                                                                                               trading
                                                                                               regulations
310 CMR 7.30........  Massport/Logan        8/04/89,      3/16/93  58 FR 14157            94  Applies to the
                       Airport Parking      12/6/89,                                           parking of motor
                       Freeze.               3/23/90                                           vehicles on
                                                                                               Massport
                                                                                               property.
310 CMR 7.31........  City of Boston/East   8/04/89,      3/16/93  58 FR 14157            94  Applies to the
                       Boston Parking       12/6/89,                                           parking of motor
                       Freeze.               3/23/90                                           vehicles within
                                                                                               the area of East
                                                                                               Boston.
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.
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 7.40........  Low emission          11/15/93       2/1/95  60 FR 6030            103  Substitute for
                       vehicle.             05/11/94                                           CFFP.
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.
----------------------------------------------------------------------------------------------------------------
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 in the Finding Aids section of
this volume.
[[Page 107]]
Sec. 52.1168  Certification of no sources.
    The Commonwealth of Massachusetts has certified to the satisfaction
of EPA that no sources are located in the Commonwealth which are covered
by the following Control Techniques Guidelines:
    (a) Large Petroleum Dry Cleaners.
    (b) Natural Gas/Gasoline Processing Plants.
    (c) Air Oxidation Processes/SOCMI.
    (d) Polypropylene/Polyethylene Manufacturing.
[52 FR 32792, Aug. 31, 1987]
Sec. 52.1168a  Part D--Disapproval of Rules and Regulations.
    On December 30, 1985, the Massachusetts Department of Environmental
Quality Engineering (DEQE) submitted a revision to the Massachusetts
State Implementation Plan (SIP) for the automobile surface coating
regulation. This revision requested an extension of the final compliance
dates to implement reasonably available control technology (RACT) on
topcoat and final repair applications. As a result of EPA's disapproval
of this revision, the existing compliance date of December 31, 1985
specified in the automobile surface coating regulation contained in the
Massachusetts SIP will remain in effect (Massachusetts Regulation 310
CMR 7.18(7) as approved by EPA and codified at 40 CFR 52.1120(c)(30) and
(53)).
[53 FR 36014, Sept. 16, 1988]
Sec. 52.1169  Stack height review.
    The Commonwealth of Massachusetts has declared to the satisfaction
of EPA that no existing emission limitations 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) Title of plan: ``Implementation Plan for the Control of
Suspended Particulates Sulfur Oxides, Carbon Monoxide, Hydrocarbons,
Nitrogen Oxides, and Photochemical Oxidants in the State of Michigan.''
    (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 SO<INF>2</INF> 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.
[[Page 108]]
    (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 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
[[Page 109]]
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.
    (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
(SO<INF>2</INF>) 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 SO<INF>2</INF> 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.
[[Page 110]]
    (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.
    (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
[[Page 111]]
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) 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
[[Page 112]]
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 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.
[[Page 113]]
    (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) 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
[[Page 114]]
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 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
SO<INF>2</INF> SIP. Consent Order No. 12-1984 provides a 3-year
compliance date extension (January 1,
[[Page 115]]
1985, to December 31, 1987) for the J.H. Campbell Units 1 and 2 to emit
SO<INF>2</INF> 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
SO<INF>2</INF> 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 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
[[Page 116]]
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
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
[[Page 117]]
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 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)).
[[Page 118]]
    (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).
    (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
[[Page 119]]
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 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.
[[Page 120]]
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 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 NO<INF>X</INF> and VOC, a demonstration of
maintenance of the ozone NAAQS with projected emission inventories
(including interim years) to the year 2005 for NO<INF>X</INF> 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,
NO<INF>X</INF> 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.
[[Page 121]]
    (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
NO<INF>X</INF> and VOC, a demonstration of maintenance of the ozone
NAAQS with projected emission inventories to the year 2007 for
NO<INF>X</INF> and VOC, a plan to verify continued attainment, a
contingency plan, and a commitment to submit a subsequent maintenance
plan revision in 8 years as required by the Clean Air Act. If a
violation of the ozone NAAQS, determined not to be attributable to
transport from upwind areas, is monitored, Michigan will implement one
or more appropriate contingency measure(s) contained in the contingency
plan. Once a violation of the ozone NAAQS is recorded, the State will
notify EPA, review the data for quality assurance, and conduct a
technical analysis, including an analysis of meteorological conditions
leading up to and during the exceedances contributing to the violation,
to determine local culpability. This preliminary analysis will be
submitted to EPA and subjected to public review and comment. The State
will solicit and consider EPA's technical advice and analysis before
making a final determination on the cause of the violation. The Governor
or his designee will select the contingency measure(s) to be implemented
within six months of a monitored violation attributable to ozone and
ozone precursors from the Grand Rapids area. The menu of contingency
measures includes a motor vehicle inspection and maintenance program,
Stage II vapor recovery, gasoline RVP reduction to 7.8 psi, RACT on
major non-CTG VOC sources in the categories of coating of plastics,
coating of wood furniture, and industrial cleaning solvents. Michigan
submitted legislation or rules for I/M in House Bill No 4165, signed by
Governor John Engler on November 13, 1993; Stage II in Senate Bill 726
signed by Governor John Engler on November 13, 1993; and RVP reduction
to 7.8 psi in House Bill 4898 signed by Governor John Engler on November
13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 4165 signed by the Governor and
effective on November 13, 1993.
    (B) State of Michigan Senate Bill 726 signed by the Governor and
effective on November 13, 1993.
    (C) State of Michigan House Bill No. 4898 signed by the Governor and
effective on November 13, 1993.
    (107)  [Reserved]
    (108) On May 16, 1996, the State of Michigan submitted a revision to
the Michigan State Implementation Plan (SIP). This revision is for the
purpose of establishing a gasoline Reid vapor pressure (RVP) limit of
7.8 pounds per square inch (psi) for gasoline sold in Wayne, Oakland,
Macomb, Washtenaw, Livingston, St. Clair, and Monroe counties in
Michigan.
    (i) Incorporation by reference.
    (A) House Bill No. 4898; signed and effective November 13, 1993.
    (B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290,
Sections 642, 643, 645, 646, 647, and 649; all effective November 13,
1993.
    (C) Michigan Complied Laws, Weights and Measures Act of 1964,
Chapter 290, Sections 613, 615; all effective August 28, 1964.
    (ii) Additional materials.
    (A) Letter from Michigan Governor John Engler to Regional
Administrator Valdas Adamkus, dated January 5, 1996.
    (B) Letter from Michigan Director of Environmental Quality Russell
Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996.
    (C) State report titled ``Evaluation of Air Quality Contingency
Measures for Implementation in Southeast Michigan,'' submitted to the
EPA on May 14, 1996.
    (109) On December 13, 1994 and January 19, 1996, Michigan submitted
correspondence and Executive Orders 1991-31 and 1995-18 which indicated
that the executive branch of government had been reorganized. As a
result of the reorganization, delegation of the Governor's authority
under the Clean Air Act was revised. The Environmental Protection
Agency's approval of these
[[Page 122]]
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
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
[[Page 123]]
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; 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.
[37 FR 10873, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1170, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
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...............................................
[[Page 124]]
Central Michigan Intrastate...............................          II        III       III       III        III
Upper Michigan Intrastate.................................         III        III       III       III        III
----------------------------------------------------------------------------------------------------------------
[37 FR 10873, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 29801, May 6, 1980]
Sec. 52.1172  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Michigan's plan for the attainment and maintenance of the
National Ambient Air Quality Standards under section 110 of the Clean
Air Act. Furthermore, the Administrator finds the plan satisfies all
requirements of Part D, Title I of the Clean Air Act as amended in 1977,
except as noted below. In addition, continued satisfaction of the
requirements of Part D for the ozone portion of the SIP depends on the
adoption and submittalof RACT requirements by July 1, 1980 for the
sources covered by CTGs between January 1978 and January 1979 and
adoption and submittal by each subsequent January of additional RACT
requirements for sources covered 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.
[[Page 125]]
    (8) Rule 336.1356--The State adopts and submits a clarification of
the test methodology to determine compliance with the rule.
    (9) Rule 336.1357--The State adopts and submits a clarification of
the test methodology to determine compliance with the rule.
    (10) The State adopts and submits a regulation reflecting RACT for
coke battery combustion stacks.
    (11) The State adopts and submits an acceptable test method for
application of Rule 336.1331, Table 32 to quench towers, or, in the
alternative, adopts and submits a limitation reflecting RACT for quench
tower emissions based on the quantity of total dissolved solids in the
quench water.
    (12) The State adopts and submits rules requiring RACT for scarfing
emissions.
    (13) Part 10 Testing--The State adopts and submits the following
clarifications to the test methods: (a) Testing of fugitive emissions
from blast furnaces are conducted during the cast; (b) the starting and
ending period is specified for basic oxygenfurnaces (for both primary
and secondary emissions generating operations), electric arc furnaces
and for each of the three emission points at sinter plants.
    (14) The State conducts additional particulate studies in the
Detroit area by September, 1980.
    (c) Disapprovals. EPA disapproves the following specific revisions
to the Michigan Plan:
    (1) The State submitted Consent Order No. 16-1982 on June 24, 1982,
Great Lakes Steel, a Division of the 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 (PM<INF>10</INF>) 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 PM<INF>10</INF> 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.
[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]
Sec. 52.1174  Control strategy: Ozone.
    (a) Part D--Conditional Approval--Michigan Rules 336.1603 and
336.1606 are approved provided that the following conditions are
satisfied:
    (1) Rule 336.1606-- The State either promulgates a rule with a
120,000 gallon per year throughput exemption for gasoline dispensing
facilities for sources located in Wayne, Macomb and Oakland Counties.
The State must either submit the rule to USEPA or demonstrate that the
allowable emissions 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.
[[Page 126]]
    (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) 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).
    Editorial Note: At 59 FR 40828, Aug. 10, 1994 the following
paragraph (c) was added to Sec. 52.1174.
    (c) Approval--On November 12, 1993, the Michigan Department of
Natural Resources submitted a petition for exemption from the oxides of
nitrogen requirements of the Clean Air Act for the Detroit-Ann Arbor
ozone nonattainment area. The submittal pertained to the exemption from
the oxides of nitrogen requirements for conformity, inspection and
maintenance, reasonably available control technology, and new source
review. These are required by sections 176(c), 182(b)(4), and 182(f) of
the 1990 amended Clean Air Act, respectively.
    (d) In a letter addressed to David Kee, EPA, dated March 30, 1994,
Dennis M. Drake, State of Michigan, stated:
    (1) Michigan has not developed RACT regulations for the following
industrial source categories, which have been addressed in Control
Techniques Guidance (CTG) documents published prior to the Clean Air Act
Amendments of 1990, because no affected sources are located in the
moderate nonattainment counties:
(i) Large petroleum dry cleaners;
(ii) SOCMI air oxidation processes;
(iii) High-density polyethylene and polypropylene resin manufacturing;
    and
(iv) Pneumatic rubber tire manufacturing.
    (2) (Reserved)
    (e) Approval--On July 1, 1994, the Michigan Department of Natural
Resources submitted a petition for exemption from the oxides of nitrogen
requirements of the Clean Air Act for the East Lansing ozone
nonattainment area. The submittal pertained to the exemption from the
oxides of nitrogen requirements for conformity and new source review.
Theses are required by sections 176(c) and 182(f) of the 1990 amended
Clean Air Act, respectively. If a violation of the ozone standard occurs
in the East Lansing ozone nonattainment area, the exemption shall no
longer apply.
    (f) Approval--On July 8, 1994, the Michigan Department of Natural
Resources submitted a petition for exemption from the oxides of nitrogen
requirements of the Clean Air Act for the Genesee County ozone
nonattainment area. The submittal pertained to the exemption from the
oxides of nitrogen requirements for conformity and new source review.
These are required by sections 176(c) and 182(f) of the 1990 amended
Clean Air Act, respectively. If a violation of the ozone standard occurs
in the Genesee County ozone nonattainment area, the exemption shall no
longer apply.
    (g)  [Reserved]
    (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
[[Page 127]]
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 NO<INF>X</INF> and VOC, a
demonstration of maintenance of the ozone NAAQS with projected emission
inventories (including interim years) to the year 2005 for
NO<INF>X</INF> 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, NO<INF>X</INF> 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
(NO<INF>X</INF>) 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
NO<INF>X</INF> transportation and general conformity requirements of
section 176(c) for the Counties of Allegan, Barry, Bay, Berrien, Branch,
Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham,
Ionia, Jackson, Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph,
Saginaw, Shiawasse, and Van Buren.
    (m) Approval--On November 24, 1994, the Michigan Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan. The submittal pertained to a plan for the implementation and
enforcement of the Federal transportation conformity requirements at the
State or local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of 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
[[Page 128]]
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 NO<INF>X</INF> and VOC, a
demonstration of maintenance of the ozone NAAQS with projected emission
inventories to the year 2007 for NO<INF>X</INF> 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).
[45 FR 58528, Sept. 4, 1980, as amended at 50 FR 5250, Feb. 7, 1985; 59
FR 10753, Mar. 8, 1994; 59 FR 37947, July 26, 1994; 59 FR 40828, Aug.
10, 1994; 59 FR 46190, Sept. 7, 1994; 60 FR 12451, Mar. 7, 1995; 60 FR
12477, Mar. 7, 1995; 60 FR 20649, Apr. 27, 1995; 60 FR 28731, June 2,
1995; 60 FR 37013, July 19, 1995; 60 FR 37370, July 20, 1995; 61 FR
2438, Jan. 26, 1996; 61 FR 31849, June 21, 1996; 61 FR 39332, July 29,
1996; 61 FR 66609, 66611, Dec. 18, 1996; 62 FR 50514, Sept. 26, 1997; 63
FR 27494, May 19, 1998; 63 FR 40371, July 29, 1998; 64 FR 7793, Feb. 17,
1999]
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.
[[Page 129]]
This would not be in time for submittal to the Environmental Protection
Agency with the first semiannual report.
    (b) [Reserved]
    (c) The requirements of Sec. 51.262(a) of this chapter are not met
since compliance schedules with adequate increments of progress have not
been submitted for every source for which they are required.
    (d) Federal compliance schedules. (1) Except as provided in
paragraph (d)(3) of this section, the owner or operator of any
stationary source subject to the following emission-limiting regulations
in the Michigan implementation plan shall comply with the applicable
compliance schedule in paragraph (d)(2) of this section: Air Pollution
Control Commission, Department of Public Health, Michigan Rule 336.49.
    (2) Compliance schedules. (i) The owner or operator of any boiler or
furnace of more than 250 million Btu per hour heat input subject to Rule
336.49 and located in the Central Michigan Intrastate AQCR, South Bend-
Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR
(as defined in part 81 of this title) shall notify the Administrator, no
later than October 1, 1973, of his intent to utilize either low-sulfur
fuel or stack gas desulfurization to comply with the limitations
effective July 1, 1975, in Table 3 or Table 4 of Rule 336.49.
    (ii) Any owner or operator of a stationary source subject to
paragraph (d)(2)(i) of this section who elects to utilize low-sulfur
fuel shall take the following actions with respect to the source no
later than the dates specified.
    (a) November 1, 1973--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with Table 3 of Rule 336.49 on July 1, 1975, and for
at least one year thereafter.
    (b) December 31, 1973--Sign contracts with fuel suppliers for
projected fuel requirements.
    (c) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
    (d) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
    (e) June 15, 1974--Initiate onsite modifications, if applicable.
    (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
[[Page 130]]
amount of fuel, by types, that will be substantially adequate to enable
compliance with Table 3 of Rule 336.49 on July 1, 1978, and for at least
one year thereafter.
    (b) December 31, 1976--Sign contracts with fuel suppliers for
projected fuel requirements.
    (c) January 31, 1977--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
    (d) March 15, 1977--Let contracts for necessary boiler
modifications, if applicable.
    (e) June 15, 1977--Initiate onsite modifications, if applicable.
    (f) March 31, 1978--Complete onsite modifications, if applicable.
    (g) July 1, 1978--Achieve final compliance with the applicable July
1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
    (vi) Any owner or operator of a stationary source subject to
paragraph (d)(2)(iv) of this section who elects to utilize stack gas
desulfurization shall take the following actions with regard to the
source no later than the dates specified.
    (a) November 1, 1976--Let necessary contracts for construction.
    (b) March 1, 1977--Initiate onsite construction.
    (c) March 31, 1978--Complete onsite construction.
    (d) July 1, 1978--Achieve final compliance with the applicable July
1, 1978, mission limitation listed in Table 4 of Rule 336.49.
    (e) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
July 1, 1978. Ten days prior to such a test, notice must be given to the
Administrator to afford him the opportunity to have an observer present.
    (vii) Any owner or operator subject to a compliance schedule above
shall certify to the Administrator, within five days after the deadline
for each increment of progress in that schedule, whether or not the
increment has been met.
    (3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to
a source which is presently in compliance with Table 3 or Table 4 of
Rule 336.49 and which has certified such compliance to the Administrator
by October 1, 1973. 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 Secs. 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.
[[Page 131]]
                                                    Michigan
                                         [See footnotes at end of table]
----------------------------------------------------------------------------------------------------------------
                                                          Regulations        Date schedule     Final compliance
             Source                    Location            involved             adopted              date
----------------------------------------------------------------------------------------------------------------
                                                 berrien county
----------------------------------------------------------------------------------------------------------------
Conoco, Inc.....................  Berrien...........  R336.1603,          Sept. 26, 1981....  Dec. 31, 1982.
                                                       R336.1609.
----------------------------------------------------------------------------------------------------------------
                                                 calhoun county
----------------------------------------------------------------------------------------------------------------
Clark Oil and Refining Corp.....  Calhoun...........  R336.1603           May 14, 1982......  Dec. 31, 1982.
                                                       R336.1609.
----------------------------------------------------------------------------------------------------------------
                                                charlevoix county
----------------------------------------------------------------------------------------------------------------
Northern Michigan Electric        Boyne City........  336.1401 (336.49).  Jan. 10, 1980.....  Jan. 1, 1985.
 Cooperative Advance Steam Plant.
----------------------------------------------------------------------------------------------------------------
                                                 genesee county
----------------------------------------------------------------------------------------------------------------
Buick Motor Division............  City of Flint.....  R336.1301.........  May 5, 1980.......  Dec. 31, 1982.
GM Warehousing Dist. Div.         Genesee...........  R336.1331.........  Dec. 31, 1981.....  Oct. 15, 1983.
 Boilers 1 and 2.
GM Warehousing Dist. Div.         ......do..........  R336.1331.........  Dec. 1, 1981......  Oct. 15, 1981.
 Boilers 3 and 4.
----------------------------------------------------------------------------------------------------------------
                                                  macomb county
----------------------------------------------------------------------------------------------------------------
New Haven Foundry...............  Macomb County.....  R336.1301,          Aug. 14, 1980.....  June 30, 1985.
                                                       R336.1331,
                                                       R336.1901.
----------------------------------------------------------------------------------------------------------------
                                                 midland county
----------------------------------------------------------------------------------------------------------------
Dow Chemical....................  Midland...........  R336.1301 and       July 21, 1982.....  Dec. 31, 1985.
                                                       R336.1331.
----------------------------------------------------------------------------------------------------------------
                                                  monroe county
----------------------------------------------------------------------------------------------------------------
Detroit Edison (Monroe plant)...  Monroe............  336.49............  July 7, 1977......  Jan. 1, 1985.
Dundee Cement Company...........  Dundee............  336.41, 44........  Oct. 17, 1979.....  Dec. 31, 1983.
                                                      (336.1301,
                                                       336.1331).
Union Camp......................  Monroe............  336.1401..........  Jan. 3, 1980......  Jan. 1, 1985.
                                                      (336.49)..........
----------------------------------------------------------------------------------------------------------------
                                                 muskegon county
----------------------------------------------------------------------------------------------------------------
Consumers Power Company (B. C.    Muskegon..........  336.1401..........  Dec. 10, 1979.....  Jan. 1, 1985.
 Cobb).                                               (336.49)..........
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.
[[Page 132]]
                                                    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 in the Finding Aids
section of this volume.
Sec. 52.1176  Review of new sources and modifications.  [Reserved]
Secs. 52.1177-52.1178  [Reserved]
Sec. 52.1179  Control strategy: Carbon monoxide.
    Approval--On March 18, 1999, the Michigan Department of
Environmental Quality submitted a request to redesignate the Detroit CO
nonattainment area (consisting of portions of Wayne, Oakland, and Macomb
Counties) to attainment for CO. As part of the redesignation request,
the State submitted a maintenance plan as required by 175A of the Clean
Air Act, as amended in 1990. Elements of the section 175A maintenance
plan include a base year (1996 attainment year) emission inventory for
CO, a demonstration of maintenance of the ozone NAAQS with projected
emission inventories to the year 2010, a plan to verify continued
attainment, a contingency plan, and an obligation to submit a subsequent
maintenance plan revision in 8 years as required by the Clean Air Act.
If the area records a violation of the CO NAAQS (which must be confirmed
by the State), Michigan will implement one or more appropriate
contingency measure(s) which are contained in the contingency plan. The
menu of contingency measures includes enforceable emission limitations
for stationary sources, 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.
[64 FR 35023, June 30, 1999]
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 (b) through (w) 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 from sources located in the State of Michigan shall be
submitted to the Michigan Department of Natural Resources, Air Quality
Division, P.O. Box 30028, Lansing, Michigan 48909.
[45 FR 8299, Feb. 7, 1980; 45 FR 52741, Aug. 7, 1980]
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]
[[Page 133]]
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) 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 Secs. 52.26 and 52.28 are hereby incorporated and made a
part of the applicable plan for the State of Michigan.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Michigan.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
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]
                          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
[[Page 134]]
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) Title of plan: ``Implementation Plan to Achieve National Ambient
Air Quality Standards.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) A revised copy of the State emergency episode criteria was
forwarded on February 7, 1972. (Non-regulatory)
    (2) Information concerning intergovernmental cooperation was
submitted by the Minnesota Pollution Control Agency on March 27, 1972.
    (3) Certification that the State had adopted amendments to APC-1, 3,
4, 11, and 15, adopted a new air pollution control regulation (APC-16)
and projected manpower resources was submitted by the State on April 28,
1972.
    (4) An opinion on the availability of emission data to the public
and evaluation of regulation concerning new construction was submitted
by the State Attorney General's office on June 15, 1972. (Non-
regulatory)
    (5) A revised version of the State's regulation APC-3 was submitted
by the Governor on July 25, 1972.
    (6) On June 8, 1973, the Governor of Minnesota submitted a
transportation control plan for the Minneapolis-St. Paul Intrastate Air
Quality Control Region.
    (7) Information concerning the transportation control plan was
submitted on June 18, 1973, by the Minnesota Pollution Control Agency.
    (8) Compliance schedules were submitted on June 28, 1973, by the
Minnesota Pollution Control Agency.
    (9) Information concerning the transportation control plan was
submitted on July 30, 1973, by the Metropolitan Transit Commission.
    (10) Information concerning the transportation control plan was
submitted on August 1, 1973, by the Minnesota Department of Highways.
    (11) Compliance schedules were submitted on August 9, 1973, by the
Minnesota Pollution Control Agency.
    (12) On November 15, 1974, the Governor of Minnesota submitted
recommended Air Quality Maintenance Area identifications.
    (13) A request for an extension of the statutory timetable for the
submittal of the portion of the Minnesota State Implementation Plan
implementing the National Secondary Ambient Air Quality Standards for
total suspended particulates was submitted by the Executive Director of
the Minnesota Pollution Control Agency on January 8, 1979, and was
supplemented with additional information on March 9, 1979.
    (14) A transportation control plan for the St. Cloud Metropolitan
Area was submitted on May 17, 1979, by the Minnesota Pollution Control
Agency.
    (15) Transportation control plans for the Metropolitan Areas of
Duluth, Rochester and Minneapolis-St. Paul were submitted on July 3,
1979, and 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
[[Page 135]]
amendment to the revision was submitted by the State of Minnesota on
June 2, 1980.
    (17) The sulfur dioxide control plan and revised operating permits
for the Rochester and Twin Cities nonattainment areas were submitted by
the State of Minnesota on July 17, 1980, and August 4, 1980. Amendments
to the control plans were submitted on September 4, 1980. EPA's approval
of the control plan includes approval of the emission limitations
contained in the revised operating permits.
    (18) Stipulation Agreement between the State Pollution Control
Agency and Erie Mining Company submitted by the State on February 20,
1981.
    (19) On July 29, 1981, the Minnesota Pollution Control Agency
submitted an amendment to the transportation control plan for the
Minneapolis-St. Paul Metropolitan Area.
    (20) On August 4, 1980, and October 17, 1980, the State submitted
its total suspended particulate Part D control plans for the Twin Cities
Seven County Metropolitan Area and the City of Duluth. As part of the
control strategies the State on January 5, 1981 submitted rule APC-33
and on January 23, 1981 further submitted amended and new rules. The
amended and new rules that control total suspended particulate (TSP)
emissions are: Amended APC-2, APC-4, APC-5, APC-7, APC-11; and new APC-
18, APC-21, APC-22, APC-23, APC-24, APC-25, APC-26, APC-28, APC-29, and
APC-32. Regulations APC-4, APC-24, and APC-32 are only approved as they
apply to TSP emissions.
    (21) On January 23, 1981, the State submitted new rules and
amendments to some of their previously approved rules. On November 17,
1981, the State submitted amendments to APC-33. On May 6, 1982 (47 FR
19520), EPA approved some of the rules insofar as they applied to the
total suspended particulate strategy for the Twin Cities Seven County
Metropolitan Area and the City of Duluth. The remainder of the rules
are:
    (i) Those portions of APC-4, APC-24, and APC-32 which control
emissions of sulfur dioxide, nitrogen dioxide, and carbon monoxide; (ii)
the amendments to APC-33; and (iii) APC-8, APC-12, APC-13, APC-15, APC-
16, APC-19 and APC-39.
    (22) On April 28, 1983, Minnesota submitted its Lead SIP. Additional
information was submitted on February 15, 1984, and February 21, 1984.
    (23) On May 20, 1985, and on April 17, 1986, the State submitted a
carbon monoxide plan for the intersection of Snelling and University
Avenues in the City of St. Paul. The plan committed to improved signal
progression through the intersection by December 31, 1987, and a parking
ban on University Avenue within 1 block in either direction of the
intersection with Snelling Avenue by December 31, 1989.
    (i) Incorporation by reference.
    (A) Amendment to Air Quality Control Plan for Transportation for the
Metropolitan Council of the Twin Cities Area dated January 28, 1985.
    (B) Letter from Minnesota Pollution Control Agency, dated April 17,
1986, and letter from the City of St. Paul, dated April 1, 1986,
committing to implementing of transportation control measures.
    (24) On January 7, 1985, the State of Minnesota submitted a
consolidated permit rule (CPR) to satisfy the requirements of 40 CFR
51.160 through 51.164 for a general new source review (NSR) program,
including lead. On October 25, 1985, the State submitted a Memorandum of
Agreement (MOA) which remedied certain deficiencies (40 CFR 52.1225(d)).
On October 1, 1986, and January 14, 1987, the State committed to
implement its NSR program using USEPA's July 8, 1985 (50 FR 27892),
regulations for implementing the stack height requirements of Section
123 of the Clean Air Act (40 CFR 52.1225(e)). USEPA is approving the
above for general NSR purposes for all sources, except it is
disapproving them for those few sources subject to an NSPS requirement
(40 CFR Part 60) and exempted from review under 6 MCAR section 4.4303
B.3. For these sources, NSR Rule APC 3 (40 CFR 52.1220(c)(5)), will
continue to apply. Additionally, USEPA is taking no action on the CPR in
relationship to the requirements of Section 111, Part C, and Part D of
the Clean Air Act.
    (i) Incorporation by reference.
[[Page 136]]
    (A) Within Title 6 Environment, Minnesota Code of Administrative
Rules, Part 4 Pollution Control Agency (6 MCAR 4), Rule 6 MCAR 4 section
4.0002, Parts A, B, C, and E--Definitions, Abbreviations, Applicability
of Standards, and Circumvention (formerly APC 2) Proposed and Published
in Volume 8 of the State of Minnesota STATE REGISTER (8 S.R.) on October
17, 1983, at 8 S.R. 682 and adopted as modified on April 16, 1984, at 8
S.R. 2275.
    (B) Rules 6 MCAR section 4.4001 through section 4.4021--Permits
(formerly APC 3)--Proposed and Published on December 19, 1983, at 8 S.R.
1419 (text of rule starting at 8 S.R. 1420) and adopted as modified on
April 16, 1984, at 8 S.R. 2278.
    (C) Rules 6 MCAR section 4.4301 through section 4.4305--Air Emission
Facility Permits--Proposed and Published on December 19, 1983, at 8 S.R.
1419 (text of rule starting at 8 S.R. 1470) and adopted as proposed on
April 16, 1984, at 8 S.R. 2276.
    (D) Rules 6 MCAR section 4.4311 through section 4.4321--Indirect
Source Permits (formerly APC 19)--Proposed and Published on December 19,
1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1472) and adopted
as modified on April 16, 1984, at 8 S.R. 2277.
    (25) On July 9, 1986, the State of Minnesota submitted Rules
7005.2520 through 7005.2523, submitted to replace the rule APC-29 in the
existing SIP (see paragraph (20)). This submittal also included State
permits for three sources, but these permits were withdrawn from USEPA
consideration on February 24, 1992. This submittal provides for
regulation of particulate matter from grain handling facilities, and was
submitted to satisfy a condition on the approval of Minnesota's Part D
plan for particulate matter.
    (i) Incorporation by reference.
    (A) Minnesota Rule 7005.2520, Definitions; Rule 7005.2521, Standards
of Performance for Dry Bulk Agricultural Commodity Facilities; Rule
7005.2522, Nuisance; and Rule 7005.2523, Control Requirements Schedule,
promulgated by Minnesota on January 16, 1984, and effective at the State
level on January 23, 1984.
    (ii) Additional Material.
    (A) Appendix E to Minnesota's July 9, 1986, submittal, which is a
statement signed on April 18, 1986, by Thomas J. Kalitowski, Executive
Director, Minnesota Pollution Control Agency, interpreting Rules
7005.2520 through 7005.2523 in the context of actual barge loading
practices in Minnesota.
    (26) On March 13, 1989, the State of Minnesota requested that EPA
revise the referencing of regulations in the SIP to conform to the
State's recodification of its regulations. On November 26, 1991, and
September 18, 1992, the State submitted an official version of the
recodified regulations to be incorporated into the SIP. The recodified
regulations are in Chapter 7001 and Chapter 7005 of Minnesota's
regulations. Not approved as part of the SIP are recodified versions of
regulations which EPA previously did not approve. Therefore, the SIP
does not include Rules 7005.1550 through 7005.1610 (National Emission
Standards for Hazardous Air Pollutants (NESHAP) for asbestos), Rules
7005.2300 through 7005.2330 (limits for iron and steel plants), Rules
7005.2550 through 7005.2590 (NESHAP for beryllium), Rules 7005.2650
through 7005.2690 (NESHAP for mercury), Rule 7005.0116 (Opacity Standard
Adjustment) and Rule 7005.2910 (Performance Test Methods for coal
handling facilities). Similarly, the SIP continues to exclude the
exemption now in Rule 7001.1210 as applied to small sources subject to
new source performance standards, and the SIP is approved only for
``existing sources'' in the case of Rules 7005.1250 through 7005.1280
(Standards of Performance for Liquid Petroleum Storage Vessels), Rules
7005.1350 through 7005.1410 (Standards of Performance for Sulfuric Acid
Plants), Rules 7005.1450 through 7005.1500 (Standards of Performance for
Nitric Acid Plants), and Rules 7005.2100 through 7005.2160 (Standards of
Performance for Petroleum Refineries). The SIP also does not include
changes in the State's Rule 7005.0100 (relating to offsets) that were
withdrawn by the State on February 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,
[[Page 137]]
and in Chapter 7001 as submitted September 18, 1992, except for those
regulations that EPA has not approved as identified above.
    (27) On August 16, 1982, the MPCA submitted an amendment to the St.
Cloud Area Air Quality Control Plan for Transportation as a State
Implementation Plan revision. This revision to the SIP was adopted by
the Board of the Minnesota Pollution Control Agency on July 27, 1982. On
August 31, 1989, the Minnesota Pollution Control Agency submitted a
revision to the Minnesota State Implementation Plan (SIP) for carbon
monoxide deleting the Lake George Interchange roadway improvement
project (10th Avenue at First Street South) from its St. Cloud
transportation control measures. This revision to the SIP was approved
by the Board on June 27, 1989.
    (i) Incorporation by reference.
    (A) Letter dated August 16, 1982, from Louis J. Breimburst,
Executive Director, Minnesota Pollution Control Agency to Valdas V.
Adamkus, Regional Administrator, United States Environmental Protection
Agency--Region 5 and its enclosed amendment to the Air Quality Plan for
Transportation for the St. Cloud Metropolitan Area entitled, ``Staff
Resolution,'' measures 1, 4 and 5 adopted by the Minnesota Pollution
Control Agency on July 27, 1982.
    (B) Letter dated August 31, 1989, from Gerald L. Willet,
Commissioner, Minnesota Pollution Control Agency to Valdas V. Adamkus,
Regional Administrator, United States Environmental Protection Agency--
Region 5.
    (28) On November 9, 1992, the State of Minnesota submitted the Small
Business Stationary Source Technical and Environmental Compliance
Assistance plan. This submittal satisfies the requirements of section
507 of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the
Legislature, and signed into Law on April 29, 1992.
    (29) On November 26, 1991, August 31, 1992, November 13, 1992,
February 3, 1993, April 30, 1993, and October 15, 1993, the State of
Minnesota submitted revisions to its State Implementation Plans (SIPs)
for particulate matter for the Saint Paul and Rochester areas.
    (i) Incorporation by reference.
    (A) An administrative order for Ashbach Construction Company, dated
August 25, 1992, submitted August 31, 1992, for the facility at
University Avenue and Omstead Street.
    (B) An administrative order for Commercial Asphalt, Inc., dated
August 25, 1992, submitted August 31, 1992, for the facility at Red Rock
Road.
    (C) An administrative order for Great Lakes Coal & Dock Company
dated August 25, 1992, submitted August 31, 1992, for the facility at
1031 Childs Road.
    (D) An administrative order for Harvest States Cooperatives dated
January 26, 1993, submitted February 3, 1993, for the facility at 935
Childs Road.
    (E) An administrative order for LaFarge Corporation dated November
30, 1992, submitted in a letter dated November 13, 1992, for the
facility at 2145 Childs Road.
    (F) An administrative order for the Metropolitan Waste Control
Commission and the Metropolitan Council dated November 30, 1992,
submitted in a letter dated November 13, 1992, for the facility at 2400
Childs Road.
    (G) An administrative order for North Star Steel Company dated April
22, 1993, submitted April 30, 1993, for the facility at 1678 Red Rock
Road.
    (H) An administrative order for PM Ag Products, Inc., dated August
25, 1992, submitted August 31, 1992, for the facility at 2225 Childs
Road.
    (I) An administrative order for Rochester Public Utilities dated
November 30, 1992, submitted in a letter dated November 13, 1992, for
the facility at 425 Silver Lake Drive.
    (J) An amendment to the administrative order for Rochester Public
Utilities, dated October 14, 1993, submitted October 15, 1993, for the
facility at 425 Silver Lake Drive.
    (K) An administrative order for J.L. Shiely Company dated August 25,
1992, submitted August 31, 1992, for the facility at 1177 Childs Road.
    (ii) Additional materials.
    (A) A letter from Charles Williams to Valdas Adamkus dated November
26, 1991, with attachments.
[[Page 138]]
    (B) A letter from Charles Williams to Valdas Adamkus dated August
31, 1992, with attachments.
    (C) A letter from Charles Williams to Valdas Adamkus dated November
13, 1992, with attachments.
    (D) A letter from Charles Williams to Valdas Adamkus dated February
3, 1993, with attachments.
    (E) A letter from Charles Williams to Valdas Adamkus dated April 30,
1993, with attachments.
    (F) A letter from Charles Williams to Valdas Adamkus dated October
15, 1993, with attachments.
    (30) On June 4, 1992, March 30, 1993, and July 15, 1993, the State
of Minnesota submitted revisions to its State Implementation Plans
(SIPs) for sulfur dioxide for Air Quality Control Region (AQCR) 131
(excluding the Dakota County Pine Bend area and an area around Ashland
Refinery in St. Paul Park).
    (i) Incorporation by reference.
    (A) An administrative order, received on June 4, 1992, for FMC
Corporation and U.S. Navy, located in Fridley, Anoka County, Minnesota.
The administrative order became effective on May 27, 1992. Amendment
One, which was received on March 30, 1993, became effective on March 5,
1993. Amendment Two, which was received on July 15, 1993, became
effective on June 30, 1993.
    (B) An administrative order, received on June 4, 1992, for Federal
Hoffman, Incorporated, located in Anoka, Anoka County, Minnesota. The
administrative order became effective on May 27, 1992. Amendment one,
received on July 15, 1993, became effective on June 30, 1993.
    (C) An administrative order, received on June 4, 1992, for GAF
Building Materials Corporation (Asphalt Roofing Products Manufacturing
Facility) located at 50 Lowry Avenue, Minneapolis, Hennepin County,
Minnesota. The administrative order became effective on May 27, 1992.
Amendment One, received on July 15, 1993, became effective on June 30,
1993.
    (D) An administrative order, received on June 4, 1992, for Northern
States Power Company-Riverside Generating Plant, located in Minneapolis,
Hennepin County, Minnesota. The administrative order became effective on
May 27, 1992. Amendment One, received on July 15, 1993, became effective
on June 30, 1993.
    (E) An administrative order for Minneapolis Energy Center, received
on July 15, 1993, Inc.'s Main Plant, Baker Boiler Plant, and the Soo
Line Boiler Plant all located in Minneapolis, Hennepin County,
Minnesota. The administrative order became effective on June 30, 1993.
    (ii) Additional material.
    (A) A letter from Charles Williams to Valdas Adamkus dated May 29,
1992, with enclosures providing technical support (e.g., computer
modeling) for the revisions to the administrative orders for five
facilities.
    (B) A letter from Charles Williams to Valdas Adamkus dated March 26,
1993, with enclosures providing technical support for an amendment to
the administrative order for FMC Corporation and U.S. Navy.
    (C) A letter from Charles Williams to Valdas Adamkus dated July 12,
1993, with enclosures providing technical support for amendments to
administrative orders for four facilities and a reissuance of the
administrative order to Minneapolis Energy Center, Inc.
    (31) In a letter dated October 30, 1992, the MPCA submitted a
revision to the Carbon Monoxide State Implementation Plan for Duluth,
Minnesota. This revision contains a maintenance plan that the area will
use to maintain the CO NAAQS. The maintenance plan contains park and
ride lots and an oxygenated fuels program as the contingency measure.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosures entitled Appendix E.
    (ii) Additional information.
    (A) Letter dated November 10, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (B) Letter dated December 22, 1993, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to
[[Page 139]]
Valdas Adamkus, Regional Administrator, U.S. Environmental Protection
Agency, Region 5.
    (32) In a letter dated October 30, 1992, the MPCA submitted a
revision to the Carbon Monoxide State Implementation Plan for Duluth,
Minnesota. This revision removes a transportation control measure (TCM)
from the State Implementation Plan. The TCM is an increased turning
radius at 14th Avenue and 3rd Street East.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosure entitled Appendix D.
    (ii) Additional information.
    (A) Letter dated November 10, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (33) On August 5, 1992, and August 26, 1993, the State of Minnesota
submitted its ``Offset Rules'' as revisions to its State Implementation
Plan (SIP) for new source review in nonattainment areas.
    (i) Incorporation by reference.
    (A) Rules 7005.3020, 7005.3030, and 7005.3040, with amendments
effective August 24, 1992.
    (B) Amendments to Rule 7005.3040, effective June 28, 1993.
    (ii) Additional materials.
    (A) A letter from Charles Williams to Valdas Adamkus dated August 5,
1992, with attachments.
    (B) A letter from Charles Williams to Valdas Adamkus dated August
26, 1993, with attachments.
    (34) On November 9, 1992, the State of Minnesota submitted the
Oxygenated Gasoline Program. This submittal satisfies the requirements
of section 211(m) of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Minnesota Laws Chapter 2509, sections 1 through 31, except for
sections 29 (b) and (c), enacted by the Legislature and signed into Law
on April 29, 1992.
    (ii) Additional material.
    (A) Letter dated August 12, 1994, from the Minnesota Pollution
Control Agency (MPCA), to the United States Environmental Protection
Agency that withdraws the MPCA Board resolution dated October 27, 1992,
and any reference to it, from the oxygenated gasoline State
Implementation Plan revision request of 1992.
    (35) On July 29, 1992, February 11, 1993, and February 25, 1994, the
State of Minnesota submitted revisions to its State Implementation Plans
(SIPs) for sulfur dioxide for Dakota County Pine Bend area of Air
Quality Control Region (AQCR) 131.
    (i) Incorporation by reference.
    (A) For Continental Nitrogen and Resources Corporation, located in
Rosemount, Dakota County, Minnesota:
    (1) An administrative order, dated and effective July 28, 1992,
submitted July 29, 1992.
    (2) Amendment One to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
    (B) For Northern States Power Company, Inver Hills Generating
Facility, located in Dakota County, Minnesota:
    (1) An administrative order, dated and effective July 28, 1992,
submitted July 29, 1992.
    (2) Amendment one to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
    (C) For Koch Refining Company and Koch Sulfuric Acid Unit, located
in the Pine Bend area of Rosemount, Dakota County, Minnesota:
    (1) An administrative order, identified as Amendment One to Findings
and Order by Stipulation, dated and effective March 24, 1992, submitted
July 29, 1992.
    (2) Amendment two to the administrative order, dated and effective
January 22, 1993, submitted February 11, 1993.
    (3) Amendment three to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
    (ii) Additional material.
    (A) A letter from Charles Williams to Valdas Adamkus dated July 29,
1992, with enclosures providing technical
[[Page 140]]
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.
    Editorial Note: At 60 FR 21451, May 2, 1995 the following paragraph
(c)(37) was added to Sec. 52.1220.
    (37) On November 23, 1993, the State of Minnesota submitted updated
air permitting rules.
    (i) Incorporation by reference.
    (A) Rules 7007.0050 through 7007.1850, effective August 10, 1993.
    (B) Rules 7001.0020, 7001.0050, 7001.0140, 7001.0180, 7001.0550,
7001.3050, 7002.0005, 7002.0015, and 7005.0100, effective August 10,
1993.
    (38) On December 22, 1992 and September 30, 1994, the State of
Minnesota submitted revisions to its State Implementation Plans (SIPs)
for sulfur dioxide for the St. Paul Park area of Air Quality Control
Region (AQCR) 131.
    (i) Incorporation by reference.
    (A) For Ashland Petroleum Company, located in St. Paul Park,
Minnesota:
    (1) An administrative order, dated and effective December 15, 1992,
submitted December 22, 1992.
    (2) Amendment One to the administrative order, dated and effective
September 30, 1994, submitted September 30, 1994.
    (ii) Additional material.
    (A) A letter from Charles Williams to Valdas Adamkus dated December
22, 1992, with enclosures providing technical support (e.g., computer
modeling) for the revision to the administrative order for Ashland
Petroleum Company.
    (B) A letter from Charles Williams to Valdas Adamkus dated September
30, 1994, with enclosures, submitting Amendment One to the
administrative order for Ashland Petroleum Company.
    (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.
[[Page 141]]
    (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.
    (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.
[[Page 142]]
    (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) Approval--On December 31, 1998, the Minnesota Pollution Control
Agency submitted a request for a revision to the Minnesota sulfur
dioxide (SO<INF>2</INF>) State Implementation Plan (SIP) for Marathon
Ashland Petroleum LLC (Marathon). The site-specific SIP revision for
Marathon was submitted in the form of an Administrative Order (Order),
and referred to as Amendment Four.
    (i) Incorporation by reference.
    (A) For Marathon Ashland Petroleum, LLC, located in St. Paul Park,
Minnesota:
    (1) Amendment Four to the administrative order, dated and effective
December 22, 1998, and submitted December 31, 1998.
    (ii) Additional material.
    (A) A letter from Peder A. Larson to David Ullrich, dated December
31, 1998, submitting Amendment Four for Marathon Ashland Petroleum, LLC.
    (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 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
[[Page 143]]
section is removed from the SIP without replacement.
[37 FR 10874, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1220, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
    Effective Date Note:  At 65 FR 32030, May 22, 2000, Sec. 52.1220 was
amended by adding paragraph (c)(53), effective July 21, 2000.
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  EPA-approved Minnesota State regulations.
    The following table identifies the State regulations submitted to
and approved by EPA as revisions to the Minnesota State Implementation
Plan (SIP). This table is for informational purposes only and does not
have any independent regulatory effect. This table also does not include
administrative orders that have been approved into the SIP. To determine
regulatory requirements for a specific situation consult the plan
identified in Sec. 52.1220. To the extent that this table conflicts with
Sec. 52.1220, Sec. 52.1220 governs.
                                    Table 52.1222.--EPA Approved Regulations
----------------------------------------------------------------------------------------------------------------
                                  Minnesota rule                       Effective      Relevant para.s in Sec.
       Rule description              numbers        Contents of SIP       date              52.1220 \1\
----------------------------------------------------------------------------------------------------------------
Definitions and Abbreviations.  7005.0100-.0110..  Full rules except     10/18/93  b,c20,c40.
                                                    def'n of NESHAP.
Air Emission Permits..........  7007.0050-.1850..  Full rules.......      8/10/93  b,c3,c5, c24,c26,c39.
Offsets.......................  7007.4000-.4030..  Full rules.......     10/18/93  c33.
Ambient Air Quality Standards.  7009.0010-.0080..  All except            10/18/93  b,c3,c26.
                                                    7009.0030 and
                                                    7009.0040.
Air Pollution Episodes........  7009.1000-.1110..  Full rules.......     10/18/93  c1,c21.
Applicability.................  7011.0010, .0020.  Full rules.......     10/18/93  b,c20
Opacity.......................  7011.0100-.0120..  All except            10/18/93  b,c3,c20.
                                                    7011.0120.
Fugitive Particulate..........  7011.0150........  Full rules.......     10/18/93  b.
Indirect Heating Equipment....  7011.0500-.0550..  Full rules.......     10/18/93  b,c3,c20,c21
Direct Heating Equipment......  7011.0600-.0620..  Full rules.......     10/18/93  c20,c21.
Industrial Process Equipment..  7011.0700-.0735..  Full rules.......     10/18/93  b,c20
Portland Cement Plants........  7011.0800-.0825..  All except            10/18/93  c20,c40.
                                                    7011.0810.
Asphalt Concrete Plants.......  7011.0900-.0920..  All except            10/18/93  c20,c40.
                                                    7011.0910.
Grain Elevators...............  7011.1000-.1015..  All except            10/18/93  c20,c25,c40.
                                                    7011.1005(2).
Coal Handling Facilities......  7011.1100-.1140..  All except            10/18/93  c21.
                                                    7011.1130.
Incinerators..................  7011.1201-.1207..  All rules for         10/18/93  b,c20,c40.
                                                    ``existing
                                                    sources'' \2\.
Sewage Sludge Incinerators....  7011.1300-.1325..  All rules for         10/18/93  c20,c40
                                                    ``existing
                                                    sources''.
Petroleum Refineries..........  7011.1400-.1430..  All rules for         10/18/93  c20,c21.
                                                    ``existing
                                                    sources''.
Liquid Petroleum and VOC        7011.1500-.1515..  All rules for         10/18/93  b,c21.
 Storage Vessels.                                   ``existing
                                                    sources''.
Sulfuric Acid Plants..........  7011.1600-.1630..  All except            10/18/93  b,c3,c21,c40
                                                    7011.1610.
Nitric Acid Plants............  7011.1700-.1725..  All except            10/18/93  b,c3,c21,c40.
                                                    7011.1710.
[[Page 144]]
Inorganic Fibrous Materials...  7011.2100-.2105..  All rules........     10/18/93  c20.
Stationary Internal Combustion  7011.2300........  Entire rule......     10/18/93  b,c21.
 Engine.
CEMS..........................  7017.1000........  Entire Rule......     10/18/93  c20.
Performance Tests.............  7017.2000........  Entire Rule......     10/18/93  c20.
Notifications.................  7019.1000........  Entire Rule......     10/18/93  c20.
Reports.......................  7019.2000........  Entire Rule......     10/18/93  c20.
Emission Inventory............  7019.3000, .3010.  All rules........     10/18/93  c20,c40.
Motor Vehicles................  7023.1010-7023.11  All rules except      November  c51
                                 05.                Part 7023.1010,      29, 1999
                                                    Subp. 35(B),
                                                    Part 7023.1030,
                                                    Subp. 11(B,C),
                                                    and Part
                                                    7023.1055, Subp.
                                                    1 (E)(2).
Open Burning..................  Portions of        All submitted             1993  b,c21,c26, c40.
                                 Chapter 17 and     portions of
                                 88 of MN           Sections 17.135,
                                 Statutes.          88.01, 88.02,
                                                    88.03, 88.16,
                                                    88.17, and
                                                    88.171.
----------------------------------------------------------------------------------------------------------------
\1\ Recodifications affect essentially all rules but are shown only for substantively revised rules.
\2\ ``Existing'' sources are sources other than those subject to a new source performance standard.
[60 FR 27413, May 24, 1995, as amended at 64 FR 58347, Oct. 29, 1999]
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
[[Page 145]]
Regional Administrator shall be retained by the owner or operator for 2
years after the date on which the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
    (5) Authority of the Regional Administrator to make available
information and data was delegated to the Minnesota Pollution Control
Agency effective October 6, 1977.
[37 FR 10874, May 31, 1972, as amended at 40 FR 55330, Nov. 28, 1975; 43
FR 10, Jan. 3, 1978; 51 FR 40676, Nov. 7, 1986]
Sec. 52.1225  Review of new sources and modifications.
    (a) Part D--Approval. The State of Minnesota has satisfied the
requirements of sections 173 and 189(a)(1)(A) for permitting of major
new sources and modifications in nonattainment areas.
    (b)-(d) [Reserved]
    (e) The State of Minnesota has committed to conform to the Stack
Height Regulations, as set forth in 40 CFR part 51. In a January 14,
1987, letter to David Kee, USEPA, Thomas J. Kalitowski, Executive
Director, Minnesota Pollution Control Agency, stated:
    Minnesota does not currently have a stack height rule, nor do we
intend to adopt such a rule. Instead, we will conform with the Stack
Height Regulations as set forth in the July 8, 1985, Federal Register in
issuing permits for new or modified sources. In cases where that rule is
not clear, we will contact USEPA Region V and conform to the current
federal interpretation of the item in question.
[53 FR 17037, May 13, 1988, as amended at 59 FR 21941, Apr. 28, 1994; 60
FR 21451, May 2, 1995]
Secs. 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 (PM<INF>10</INF>) 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 PM<INF>10</INF> at 52 FR
24681.
[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]
Secs. 52.1231-52.1232  [Reserved]
Sec. 52.1233  Operating permits.
    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.
[60 FR 21451, May 2, 1995]
Sec. 52.1234  Significant deterioration of air quality.
    (a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan does not include approvable procedures
for preventing the significant deterioration of air quality.
[[Page 146]]
    (b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Minnesota.
    (c) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of Minnesota shall be
submitted to the Minnesota Pollution Control Agency, Division of Air
Quality, 520 Lafayette Road, St. Paul, Minnesota 55155.
[45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988]
Sec. 52.1235  [Reserved]
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 Secs. 52.26 and 52.28 are hereby incorporated and made a
part of the applicable plan for the State of Minnesota.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Minnesota.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
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.
[59 FR 47807, Sept. 19, 1994, as amended at 62 FR 55172, Oct. 23, 1997;
64 FR 58354, Oct. 29, 1999]
                         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 paragraphs (c) and (d) of this section with
an EPA approval date prior to July 1, 1999, was approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of the approval, and notice of any
change in the material will be published in the
[[Page 147]]
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after July 1, 1999, will be incorporated by reference
in the next update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an
exact duplicate of the officially promulgated State rules/regulations
which have been approved as part of the State implementation plan as of
July 1, 1999.
    (3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta,
GA 30303; the Office of Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC.; or at the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW., Washington,
DC. 20460.
    (c) EPA approved regulations.
[[Page 148]]
                                      EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
       State citation             Title/subject       effective      EPA approval date           Comments
                                                         date
----------------------------------------------------------------------------------------------------------------
APC-S-1....................       Air Emission Regulations for the Prevention, Abatement, and Control of Air
                                                                 Contaminants
Section 1..................  General...............     01/09/94  02/12/96
                                                                  61 FR 5295............
Section 2..................  Definitions...........     01/09/94  02/12/96
                                                                  61 FR 5295............
Section 3..................  Specific Criteria for      09/21/96  07/15/97
                              Sources of                          62 FR 37726...........
                              Particulate Matter.
Section 4..................  Specific Criteria for      01/09/94  02/12/96
                              Sources of Sulfur                   61 FR 5295............
                              Compounds.
Section 5..................  Specific Criteria for      01/09/94  02/12/96
                              Sources of Chemical                 61 FR 5295............
                              Emissions.
Section 6..................  New Sources...........     01/09/94  02/12/96                Subsection 2 Other
                                                                  61 FR 5295............   Limitations and
                                                                                           Subsection 3 NSPS
                                                                                           have not been
                                                                                           Federally approved.
Section 7..................  Exceptions............     02/04/72  05/31/72
                                                                  37 FR 10875...........
Section 9..................  Stack Height               05/01/86  09/23/87
                              Considerations.                     51 FR 35704...........
Section 10.................  Provisions for Upsets,     01/09/94  02/12/96
                              Startups, and                       61 FR 5295............
                              Shutdowns.
Section 11.................  Severability..........     01/09/94  02/12/96
                                                                  61 FR 5295............
APC-S-2....................       Mississippi commission On Environmental Quality Permit Regulations for the
                                                Construction and/or Operation of Air Equipment
Section I..................  General Requirements..     01/09/94  05/02/95
                                                                  60 FR 21442...........
Section II.................  General Standards          01/09/94  05/02/95
                              Applicable to All                   60 FR 21442...........
                              Permits.
Section III................  Standards for Granting     01/09/94  05/02/95
                              a State Permit to                   60 FR 21442...........
                              Operate An Existing
                              Source.
Section IV.................  Application for Permit     01/09/94  05/02/95
                              to Construct and                    60 FR 21442...........
                              State Permit to
                              Operate New Facility.
Section V..................  Public Participation       01/09/94  05/02/95
                              and Public                          60 FR 21442...........
                              Availability of
                              Information.
Section VI.................  Application Review....     01/09/94  05/02/95
                                                                  60 FR 21442...........
Section VII................  Compliance Testing....     01/09/94  05/02/95
                                                                  60 FR 21442...........
Section VIII...............  Emissions Evaluation       01/09/94  05/02/95
                              Report.                             60 FR 21442...........
Section IX.................  Procedures for Renewal     01/09/94  05/02/95
                              of State Permit to                  60 FR 21442...........
                              Operate.
Section X..................  Standards for Renewal      01/09/94  05/02/95
                              of State Permit to                  60 FR 21442...........
                              Operate.
Section XI.................  Reporting and Record       01/09/94  05/02/95
                              Keeping.                            60 FR 21442...........
[[Page 149]]
Section XII................  Emission Reduction         01/09/94  05/02/95
                              Schedule.                           60 FR 21442...........
Section XIII...............  Exclusions, Variances,     01/09/94  05/02/95
                              and General Permits.                60 FR 21442...........
Section XIV................  Permit Transfer.......     01/09/94  05/02/95
                                                                  60 FR 21442...........
Section XV.................  Severability..........     01/09/94  05/02/95
                                                                  60 FR 21442...........
APC-S-3....................             Regulations for Prevention of Air Pollution Emergency Episodes
Section 1..................  General...............     02/04/72  05/31/72
                                                                  37 FR 10875...........
Section 2..................  Definitions...........     02/04/72  05/31/72
                                                                  37 FR 10875...........
Section 3..................  Episode Criteria......     06/03/88  11/13/89
                                                                  54 FR 47211...........
Section 4..................  Emission Control           02/04/72  05/31/72
                              Action Programs.                    37 FR 10875...........
Section 5..................  Emergency Orders......     06/03/88  11/13/89
                                                                  54 FR 47211...........
APC-S-5....................       Regulations for the Prevention of Significant Deterioration of Air Quality
All........................    ....................     09/21/96  07/15/97
                                                                  62 FR 37726...........
----------------------------------------------------------------------------------------------------------------
[[Page 150]]
    (d) EPA-approved State Source specific requirements.
                              EPA-Approved Mississippi Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                       State         EPA
            Name of source                Permit     effective     approval                Comments
                                          number        date         date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------
    (e) [Reserved]
[62 FR 35442, July 1, 1997, as amended at 62 FR 37726, July 15, 1997; 62
FR 40139, July 25, 1997; 64 FR 35009, June 30, 1999]
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
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds the plans satisfy all requirements or Part D,
Title I, of the Clean Air Act as amended in 1977.
[45 FR 2032, Jan. 10, 1980]
Sec. 52.1273  [Reserved]
Sec. 52.1275  Legal authority.
    (a) The requirements of Sec. 51.230(d) of this chapter are not met
since statutory authority to prevent construction, modification, or
operation of a facility, building, structure, or installation, or
combination thereof, which indirectly results or may result in emissions
of any air pollutant at any location which will prevent the maintenance
of a national air quality standard is not adequate.
    (b) The requirements of Sec. 51.230(f) of this chapter are not met,
since section 7106-117 of the Mississippi Code could, in some
circumstances, prohibit the disclosure of emission data to the public.
Therefore, section 7106-117 is disapproved.
[39 FR 7282, Feb. 25, 1974, as amended at 39 FR 34536, Sept. 26, 1974;
51 FR 40676, Nov. 7, 1986]
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
[[Page 151]]
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.
    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.
[54 FR 25456, June 15, 1989]
Sec. 52.1279  [Reserved]
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 Bureau of Pollution
Control, Department of Natural Resources, P.O. Box 10385, Jackson,
Mississippi 39209.
[43 FR 26410, June 19, 1978, as amended at 45 FR 34272, May 22, 1980; 45
FR 52741, Aug. 7, 1980; 55 FR 41692, Oct. 15, 1990]
Sec. 52.1281  Original identification of plan section.
    (a) This section identifies 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.
    (b) The plan was officially submitted on February 4, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) A change in the Opacity Regulation, section 2, Appendix C;
addition of testing methods, section 8, Appendix C; addition of Permit
System, Appendix G and deletion of SO<INF>2</INF> regulation, section 4,
Appendix C submitted on May 4, 1972, by the Mississippi Air and Water
Pollution Control Commission.
    (2) Telegram concerning adoption of plan changes submitted on May
15, 1972, by the Mississippi Air and Water Pollution Control Commission.
    (3) House Bill number 680 submitted on May 17, 1972, by the
Governor.
    (4) Compliance schedule revisions submitted on March 6, 1973, by the
Mississippi Air and Water Pollution Control Commission.
    (5) Compliance schedule revisions submitted on August 9, 1973, by
the Mississippi Air and Water Pollution Control Commission.
    (6) AQMA identification material submitted on March 14, 1974, by the
Mississippi Air and Water Pollution Control Commission.
[[Page 152]]
    (7) Compliance schedules submitted on January 20, 1975, by the
Mississippi Air and Water Pollution Control Commission.
    (8) Revised regulations for the incineration of cotton ginning
waste, submitted on August 30 and November 14, 1977, by the Mississippi
Air and Water Pollution Control Commission.
    (9) Revised regulations for open burning, submitted on October 31,
1977, by the Mississippi Air and Water Pollution Control Commission.
    (10) Revised permit regulations, submitted on March 16, 1978, by the
Mississippi Air and Water Pollution Control Commission.
    (11) Implementation plan revisions for the Jones County, Mississippi
total suspended particulate nonattainment area, submitted on March 13,
1979, by the Mississippi Air and Water Pollution Control Commission.
    (12) Revised regulation APC S-1, section 4.2(b), for emissions of
sulfur oxides from the incineration of gas streams containing hydrogen
sulfide, submitted on July 3, 1978; and permits containing limits on
sulfur oxide emissions from individual flares, submitted on September
13, 1979, by the Mississippi Bureau of Pollution Control (see Federal
Register of July 10, 1980).
    (13) Air Quality Surveillance Plan, submitted on June 1, 1982, by
the Mississippi Department of Natural Resources.
    (14) Incorporation by reference of NSPS and NESHAPS (revised
definition of ``person'', addition of paragraph 3 to section 6 of APC-S-
1, addition of section 8 to APC-S-1, and addition of subparagraph 2.6.3
to APC-S-2), submitted on September 8, 1981, by the Mississippi Bureau
of Pollution Control.
    (15) Revised SO<INF>2</INF> limit for United Cement Company's
Artesia kiln, and NSPS enabling regulation submitted on December 10,
1982, and adoption of six categories of NSPS submitted on December 23,
1982, by the Mississippi Bureau of Pollution Control.
    (16) Revision to ``Air Quality Regulations'' and amendment to
``Permit Regulations for the Construction and/or Operation of Air
Emission Equipment'' were submitted by the Mississippi Department of
Natural Resources on May 11, 1984.
    (i) Incorporation by reference. (A) May 11, 1984 letter from the
Mississippi Department of Natural Resources to EPA amending Regulations
APC-S-1 and APC-S-2.
    (B) A revision adopted on May 9, 1984, adds Paragraph 3 to
Mississippi's ``Air Quality Regulations,'' APC-S-1, Section 1
``General.''
    (C) A revision adopted on May 9, 1984, amends Mississippi's ``Permit
Regulations for the Construction and/or Operation of Air Emission
Equipment,'' APC-S-2, Paragraph 2.6.2.1.
    (ii) Other materials--none.
    (17) Implementation plan for lead, submitted on May 9, 1984, by the
Mississippi Department of Natural Resources.
    (18) Part D and other new source review provisions were submitted by
the Mississippi Department of Natural Resources on November 25, 1981.
    (i) Incorporation by reference.
    (A) Letter dated November 25, 1981 from Mississippi Department of
Natural Resources, and Mississippi Regulation APC-S-2, section 2.4.8,
``Additional Requirements for a Construction Permit for a New Facility
Significantly Impacting an area in which a National Ambient Air Quality
Standard is being Exceeded or will be Exceeded'', was adopted by the
Mississippi Commission on Natural Resources on November 12, 1981.
Subsection 2.4.8.1, 2.4.8.3, and 2.4.8.4 are incorporated by reference.
    (ii) Additional material.
    (A) Letter to Jack Ravan from Charlie E. Blalock, dated November 25,
1985, interpreting Mississippi regulations with respect to source
coverage and stack heights.
    (19) Stack height regulations were submitted to EPA on April 1, 1986
by the Mississippi Department of Natural Resources.
    (i) Incorporation by reference.
    (A) Mississippi Department of Natural Resources, Bureau of Pollution
Control, Appendix C-5, Air Emission Regulations, Regulation APC-S-1,
Section 9, which was adopted on March 26, 1986.
[[Page 153]]
    (B) Letter of April 1, 1986 from Mississippi Department of National
Resources.
    (ii) Additional material--none.
    (20) PM<INF>10</INF> revisions for the State of Mississippi which
were submitted by the Mississippi Department of Natural Resources on
July 26, 1988.
    (i) Incorporation by reference.
    (A) Revised regulations which became State-effective on June 3,
1988:
    1. Air Emission Regulations, APC-S-1, Section 2, (16)-(27).
    2. Permit Regulations . . ., APC-S-2, 2.4.8.1(a), (b), (e), (f) and
2.4.8.3.
    3. Regulations for the Prevention of Air Pollution Emergency
Episodes, APC-S-3, Section 3 and Section 5.
    (ii) Additional material.
    (A) Letter of July 26, 1988, from the Mississippi Department of
Natural Resources, submitting the Mississippi SIP revisions.
    Revised SIP narrative:
    (B) Section 1.15  Notification of Public Hearing for Plan Revision
for PM<INF>10</INF> Requirements
    (C) Section 3.6  Legal Authority for the PM<INF>10</INF> Plan
Revision
    (D) Section 5.5  Control Strategy for the Development of Emission
Regulations for PM<INF>10</INF>
    (E) Section 6.9  Control Regulations for PM<INF>10</INF> Revisions
    (F) Chapter 9.0  Air Monitoring
    (G) Section 14.1.4  Health Effects of the PM<INF>10</INF> Plan
Revisions
    (H) Section 14.3.4  Economic Effects of the PM<INF>10</INF> Plan
Revisions
    (I) Section 14.5.4  Social Effects of the PM<INF>10</INF> Plan
Revisions
    (J) Section 14.6.4  Air Quality Effects of the PM<INF>10</INF>
Revisions
    (21) Revisions to APC-S-5 of the Mississippi Air Pollution Control
Act which were submitted on July 16, 1990.
    (i) Incorporation by reference. (A) Regulation APC-S-5, Regulations
for the Prevention of Significant Deterioration of Air Quality,
effective on July 29, 1990.
    (ii) Other material. (A) Letter of July 16, 1990, from the
Mississippi Department of Environmental Quality.
    (22) Prevention of Significant Deterioration regulation revision to
include Nitrogen Dioxide increments for the State of Mississippi which
was submitted by the Mississippi Department of Environmental Quality on
June 14, 1991.
    (i) Incorporation by reference.
    (A) Revision to Regulation APC-S-5, Paragraph 1, Regulations for the
Prevention of Significant Deterioration of Air Quality, which became
State effective on May 28, 1991.
    (ii) Other material.
    (A) Letter of June 14, 1991 from the Mississippi Department of
Environmental Quality.
    (B) Letter of March 8, 1991, from the Mississippi Department of
Environmental Quality regarding minimum program elements.
    (23) The Mississippi Department of Environmental Quality has
submitted revisions to chapter 15 of the Mississippi Statute on November
19, 1992. These revision address the requirements of section 507 of
title V of the CAA and establish the Small Business Stationary Source
Technical and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) Mississippi SIP chapter 15 effective December 19, 1992.
    (ii) Additional information.
    (A) January 20, 1994, letter of clarification regarding the
appointment of the CAP.
    (24) The Mississippi Department of Environmental Quality submitted
revisions on June 14, 1991, to ``Permit Regulations for the construction
and/or Operation of Air Emissions Equipment'' of Regulation APC-S092.
These revisions incorporate ``moderate stationary sources'' into the
existing regulations which are required in 40 CFR part 51, subpart I.
    (i) Incorporation by reference.
    (A) Mississippi Commission on Environmental Quality Permit
Regulations for the Construction and/or Operation of Air Emissions
Equipment, Regulation APC-S092, effective on May 28, 1991.
    (B) Letter of June 21, 1994, from the Mississippi Office of the
Attorney General to the Environmental Protection Agency.
    (ii) Additional material. None.
    (25) Revisions to minor source operating permit rules submitted by
the Mississippi Department of Environmental Quality on January 26, 1994.
[[Page 154]]
    (i) Incorporation by reference.
    (A) Regulation APC-S-2, effective January 9, 1994.
    (ii) Other material. None.
    (26) The Mississippi Department of Environmental Quality has
submitted revision to Regulation APC-S-5. The purpose of this regulation
is to adopt by reference Federal regulations for the prevention of
significant deterioration of air quality as required by 40 CFR 51.166
and 52.21.
    (i) Incorporation by reference.
    (A) Regulations of the prevention of significant deterioration of
air quality--Regulation APC-S-5 effective January 9, 1994.
    (ii) Additional information--None.
    (27) Amendments to Regulation APC-S-1 ``Air Emission Regulations for
the Prevention, Abatement, and Control of Air Contaminants'' to be
consistent with federal regulations as specified in 40 CFR Part 257.
    (i) Incorporation by reference. Regulation APC-S-1 ``Air Emission
Regulations for the Prevention, Abatement, and Control of Air
Contaminants'' effective January 9, 1994, except SECTION 8. PROVISIONS
FOR HAZARDOUS AIR POLLUTANTS.
    (ii) Additional material. None.
[37 FR 10875, May 31, 1972. Redesignated and amended at 62 FR 35442,
July 1, 1997]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1281, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
                          Subpart AA--Missouri
Sec. 52.1319  Identification of plan--Conditional approval.
    (a) Elements of the maintenance plan revision to the State
Implementation Plan (SIP) submitted by the Governor's designee on March
23, 1998, which address contingency measures for the Kansas City Ozone
Maintenance Area are conditionally approved. This includes a commitment
to implement the additional reductions as expeditiously as practicable.
    (b) Full approval of the SIP is conditioned upon receipt of one of
the following by June 28, 2000: a letter from the Governor of Missouri
requesting that EPA require the sale of Federal reformulated gasoline
within the Missouri portion of the KCMA beginning April 15, 2000; an
equivalent alternative state fuel regulation; or a regulation requiring
Stage II vapor recovery systems at retail gasoline stations in the
Missouri portion of the KCMA. If the state fails to submit one of the
above requirements within the time specified, the conditional approval
automatically converts to a disapproval without further regulatory
action.
[64 FR 28757, May 27, 1999; 64 FR 32810, June 18, 1999]
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 July 1,
1999, was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after July 1, 1999, will be incorporated by reference in
the next update to the SIP compilation.
    (2) EPA Region VII 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 July
1, 1999.
    (3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region VII, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101; the Office of Federal Register, 800 North Capitol Street,
NW, Suite 700, Washington, DC; or at EPA Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW, Washington, DC
20460.
    (c) EPA-approved regulations.
[[Page 155]]
                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
     Missouri citation                Title           effective      EPA approval date          Explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
                                         Chapter 1--General Organization
----------------------------------------------------------------------------------------------------------------
10-1.010...................  General Organization..      10/1/82  7/21/83, 48 FR 33265..
----------------------------------------------------------------------------------------------------------------
  Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-2.030...................  Restriction of              11/1/79  5/22/81, 46 FR 27932..  9/27/84, 49 FR 38103
                              Emission of                                                  (correction).
                              Particulate Matter                                          10/5/89, 54 FR 41094
                              from Industrial                                              (correction).
                              Processes.
10-2.040...................  Maximum Allowable            9/4/84  1/24/85, 50 FR 3337...
                              Emission of
                              Particulate Matter
                              from Fuel Burning
                              Equipment Used for
                              Indirect Heating.
10-2.060...................  Restriction of               7/1/77  3/18/80, 45 FR 17145..
                              Emission of Visible
                              Air Contaminants.
10-2.080...................  Emission of Visible         2/25/70  3/18/80, 45 FR 17145..
                              Air Contaminants from
                              Internal Combustion
                              Engines.
10-2.090...................  Incinerators..........      2/25/70  3/18/80, 45 FR 17145..  The state has
                                                                                           rescinded this rule.
10-2.100...................  Open Burning                 4/2/84  8/31/84, 49 FR 34484..
                              Restrictions.
10-2.150...................  Time Schedule for           2/25/70  3/18/80, 45 FR 17145..
                              Compliance.
10-2.210...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from Solvent Metal                                           (correction).
                              Cleaning.
10-2.220...................  Liquefied Cutback            6/3/91  6/23/92, 57 FR 27939..
                              Asphalt Paving
                              Restricted.
10-2.230...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from Industrial                                              (correction).
                              Surface Coating
                              Operations.
10-2.260...................  Control of Petroleum       11/30/95  8/20/97, 62 FR 44219..
                              Liquid Storage,
                              Loading, and Transfer.
10-2.280...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from                                                         (correction).
                              Perchloroethylene Dry
                              Cleaning
                              Installations.
10-2.290...................  Control of Emissions        3/30/92  8/30/93, 58 FR 45451..  The state rule has
                              From Rotogravure and                                         Sections (6)(A) and
                              Flexographic Printing                                        (6)(B), which EPA has
                              Facilities.                                                  not approved.
                                                                                          9/6/94, 59 FR 43376
                                                                                           (correction).
10-2.300...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from the                                                     (correction).
                              Manufacturing of                                            Section (1)(A) is not
                              Paints, Varnishes,                                           a part of the SIP.
                              Lacquers, Enamels and
                              Other Allied Surface
                              Coating Products.
10-2.310...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from the Application                                         (correction).
                              of Automotive
                              Underbody Deadeners.
10-2.320...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from Production of                                           (correction).
                              Pesticides and
                              Herbicides.
10-2.330...................  Control of Gasoline         9/30/97  4/24/98, 63 FR 20318..
                              Reid Vapor Pressure.
10-2.340...................  Control of Emissions       10/15/91  6/23/92, 57 FR 27939..
                              from Lithographic
                              Printing Facilities.
10-2.360...................  Control of Emissions       11/30/95  7/20/98, 63 FR 38755..
                              from Bakery Ovens.
[[Page 156]]
10-2.390...................  Conformity to State        11/30/96  9/5/97, 62 FR 46880...  2/10/98, 63 FR 6645
                              Implementation Plans                                         (correction).
                              of Transportation
                              Plans, Programs, and
                              Projects Developed,
                              Funded, or Approved
                              Under Title 23 U.S.C.
                              or the Federal
                              Transit Act.
----------------------------------------------------------------------------------------------------------------
                   Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
----------------------------------------------------------------------------------------------------------------
10-3.010...................  Auto Exhaust Emission        2/1/78  3/18/80, 45 FR 17145..
                              Controls.
10-3.030...................  Open Burning                7/31/98  4/1/99, 64 FR 15688...
                              Restrictions.
10-3.040...................  Incinerators..........       2/1/78  3/18/80, 45 FR 17145..  The state has
                                                                                           rescinded this rule.
10-3.050...................  Restriction of              9/30/99  12/20/99, 64 FR 71037.
                              Emission of
                              Particulate Matter
                              From Industrial
                              Processes.
10-3.060...................  Maximum Allowable            9/4/84  1/24/85, 50 FR 3337...  EPA has not approved
                              Emissions of                                                 the exemption in
                              Particulate Matter                                           Section (7).
                              From Fuel Burning
                              Equipment.
10-3.080...................  Restriction of              4/30/96  11/27/98, 63 FR 65559.
                              Emission of Visible
                              Air Contaminants.
----------------------------------------------------------------------------------------------------------------
    Chapter 4--Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
----------------------------------------------------------------------------------------------------------------
10-4.030...................  Restriction of              11/1/79  5/22/81, 46 FR 27932..  9/24/84, 49 FR 38103
                              Emission of                                                  (correction).
                              Particulate Matter                                          10/5/89, 54 FR 41094
                              From Industrial                                              (correction).
                              Processes.
10-4.040...................  Maximum Allowable            9/4/84  1/24/85, 50 FR 3337...
                              Emission of
                              Particulate Matter
                              From Fuel Burning
                              Equipment Used for
                              Indirect Heating.
10-4.060...................  Restrictions of              7/1/77  3/18/80, 45 FR 17145..
                              Emission of Visible
                              Air Contaminants.
10-4.080...................  Incinerators..........     12/16/69  3/18/80, 45 FR 17145..  The state has
                                                                                           rescinded this rule.
10-4.090...................  Open Burning                 4/2/84  8/31/84, 49 FR 34484..
                              Restrictions.
10-4.140...................  Time Schedule for          12/15/69  3/18/80, 45 FR 17145..
                              Compliance.
----------------------------------------------------------------------------------------------------------------
   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-5.030...................  Maximum Allowable            9/4/84  1/24/85, 50 FR 3337...
                              Emission of
                              Particulate Matter
                              from Fuel Burning
                              Equipment Used for
                              Indirect Heating.
10-5.040...................  Use of Fuel in Hand-        9/18/70  3/18/80, 45 FR 17145..
                              Fired Equipment
                              Prohibited.
10-5.050...................  Restriction of              11/1/79  5/22/81, 46 FR 27932..  9/27/84, 49 FR 38103
                              Emission of                                                  (correction).
                              Particulate Matter                                          10/5/89, 54 FR 41094
                              From Industrial                                              (correction).
                              Processes.
10-5.060...................  Refuse Not To Be            9/18/70  3/18/80, 45 FR 17145..  The state has
                              Burned in Fuel                                               rescinded this rule.
                              Burning Installations.
10-5.070...................  Open Burning               01/29/95  2/17/00, 65 FR 8063...
                              Restrictions.
10-5.080...................  Incinerators..........      9/18/70  3/18/80, 45 FR 17145..  The state has
                                                                                           rescinded this rule.
10-5.090...................  Restriction of               7/1/77  4/9/80, 45 FR 24140...  7/11/80, 45 FR 46806
                              Emission of Visible                                          (correction).
                              Air Contaminants.
10-5.120...................  Information on Sales        9/18/70  3/18/80, 45 FR 17145..
                              of Fuels to be
                              Provided and
                              Maintained.
[[Page 157]]
10-5.130...................  Certain Coals to be         9/18/70  3/18/80, 45 FR 17145..
                              Washed.
10-5.180...................  Emission of Visible         9/18/70  3/18/80, 45 FR 17145..
                              Air Contaminants from
                              Internal Combustion
                              Engines.
10-5.220...................  Control of Petroleum     August 30,  May 18, 2000..........
                              Liquid Storage,               1999
                              Loading, and Transfer.
10-5.240...................  Additional Air Quality      9/18/70  3/18/80, 45 FR 17145..
                              Control Measures May
                              Be Required When
                              Sources Are Clustered
                              in a Small Land Area.
10-5.250...................  Time Schedule for           1/18/72  3/18/80, 45 FR 17145..
                              Compliance.
10-5.290...................  More Restrictive             5/3/82  8/30/82, 47 FR 38123..  The state has deleted
                              Emission Limitations                                         all provisions to
                              for Sulfur Dioxide                                           N.L. Industries,
                              and Particulate                                              which is no longer in
                              Matter in the South                                          operation, and has
                              St. Louis Area.                                              made significant
                                                                                           changes to the
                                                                                           provisions affecting
                                                                                           Carondelet Coke.
10-5.295...................  Control of Emissions       February  May 18, 2000..........
                              From Aerospace            29, 2000
                              Manufacturing and
                              Rework Facilities.
10-5.300...................  Control of Emissions        5/30/98  5/18/00...............
                              From Solvent Metal
                              Cleaning.
10-5.310...................  Liquefied Cutback            3/1/89  3/5/90, 55 FR 7712....
                              Asphalt Restricted.
10-5.320...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from                                                         (correction).
                              Perchloroethylene Dry
                              Cleaning
                              Installations.
10-5.330...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from Industrial                                              (correction).
                              Surface Coating
                              Operations.
10-5.340...................  Control of Emissions        3/30/92  8/30/93, 58 FR 45451..  The state rule has
                              From Rotogravure and                                         Section (6)(A)(B),
                              Flexographic Printing                                        which EPA has not
                              Facilities.                                                  approved.
                                                                                          9/6/94, 59 FR 43376
                                                                                           (correction).
10-5.350...................  Control of Emissions       11/29/91  8/24/94, 59 FR 4348...  04/3/95, 60 FR 16806
                              From Manufacture of                                          (Correction Notice).
                              Synthesized
                              Pharmaceutical
                              Products.
10-5.360...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from Polyethylene Bag                                        (Correction Notice).
                              Sealing Operations.
10-5.370...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from the Application                                         (Correction Notice).
                              of Deadeners and
                              Adhesives.
10-5.380...................  Motor vehicle              12/30/99  May 18, 2000, 65 FR     ......................
                              emissions inspection.                31482.
10-5.390...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from Manufacturing of                                        (Correction Notice).
                              Paints, Varnishes,
                              Lacquers, Enamels and
                              Other Allied Surface
                              Coating Products.
10-5.410...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              From Manufacture of                                          (Correction Notice).
                              Polystyrene Resin.
10-5.420...................  Control of Equipment         3/1/89  3/5/90, 55 FR 7712....
                              Leaks from Synthetic
                              Organic Chemical and
                              Polymer Manufacturing
                              Plants.
10-5.440...................  Control of Emissions       12/30/96  2/17/00, 65 FR 8063...
                              from Bakery Ovens.
10-5.442...................  Control of Emissions       05/28/95  2/17/00, 65 FR 8063...
                              from Offset
                              Lithographic Printing
                              Operations.
10-5.450...................  Control of VOC             05/28/95  2/17/00, 65 FR 8063...
                              Emissions from
                              Traffic Coatings.
[[Page 158]]
10-5.451...................  Control of Emissions       11/30/95  2/17/00, 65 FR 8063...
                              from Aluminum Foil
                              Rolling.
10-5.455...................  Control of Emission        02/28/97  2/17/00, 65 FR 8063...
                              from Solvent Cleaning
                              Operations.
10-5.480...................  Conformity to State        11/30/96  9/5/97, 62 FR 46880...  2/10/98, 63 FR 6645
                              Implementation Plans                                         (correction).
                              of Transportation
                              Plans, Programs, and
                              Projects Developed,
                              Funded, or Approved
                              Under Title 23 U.S.C.
                              or the Federal
                              Transit Act.
10-5.490...................  Municipal Solid Waste      12/30/96  2/17/00, 65 FR 8063...
                              Landfills.
10-5.500...................  Control of Emissions       February  May 18, 2000..........
                              From Volatile Organic     29, 2000
                              Liquid Storage.
10-5.510...................  Control of Emissions        2/29/00  5/18/00, 65 FR 31484..
                              of Nitrogen Oxides.
10-5.520...................  Control of Volatile        February  May 18, 2000..........
                              Organic Compound          29, 2000
                              Emissions From
                              Existing Major
                              Sources.
10-5.530...................  Control of Volatile        February  May 18, 2000..........
                              Organic Compound          29, 2000
                              Emissions From Wood
                              Furniture
                              Manufacturing
                              Operations.
10-5.540...................  Control of Emissions       February  May 18, 2000..........
                              From Batch Process        29, 2000
                              Operations.
10-5.550...................  Control of Volatile        February  May 18, 2000..........
                              Organic Compound          29, 2000
                              Emissions From
                              Reactor Processes and
                              Distillation
                              Operations Processes
                              in the Synthetic
                              Organic Chemical
                              Manufacturing
                              Industry.
----------------------------------------------------------------------------------------------------------------
    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 Quality...      4/18/88  7/31/89, 54 FR 31524..  The state adopted and
                                                                                           submitted a revised
                                                                                           ozone standard and a
                                                                                           lead standard which
                                                                                           EPA never acted on.
10-6.020...................  Definitions and common      5/30/99  1/12/00, 65 FR 1790...
                              reference tables.
10-6.030...................  Sampling Methods for       10/31/98  4/1/99, 64 FR 15688...  ......................
                              Air Pollution Sources.
10-6.040...................  Reference Methods.....      4/18/88  7/31/89, 54 FR 31524..  Section 7, pertaining
                                                                                           to percent sulfur in
                                                                                           liquid hydrocarbons,
                                                                                           is not part of the
                                                                                           SIP.
10-6.050...................  Start-up, Shutdown,         11/1/79  3/22/81, 46 FR 27932..  9/27/84, 49 FR 38103
                              and Malfunction                                              (correction).
                              Conditions.
10-6.060...................  Construction Permits        3/31/98  12/22/98, 63 FR 70665.  Section 9, pertaining
                              Required.                                                    to hazardous air
                                                                                           pollutants, is not
                                                                                           part of the SIP.
[[Page 159]]
10-6.065...................  Operating Permits.....      4/30/98  12/20/99, 64 FR 71037.  The state rule has
                                                                                           Sections (4)(A),
                                                                                           (4)(B), and (4)(H)
                                                                                           which are part of the
                                                                                           basic state operating
                                                                                           permits and not
                                                                                           approved into the
                                                                                           SIP. Section (6)
                                                                                           contains provisions
                                                                                           pertaining only to
                                                                                           Missouri's Part 70
                                                                                           program and is not
                                                                                           approved as a
                                                                                           revision to the SIP.
10-6.110...................  Submission of Emission     12/30/98  12/23/99..............  Section (5), Emission
                              Data, Emission Fees                                          Fees, is part of the
                              and Process                                                  Title V program and
                              Information.                                                 has not been approved
                                                                                           as part of the SIP.
10-6.120...................  Restriction of              5/31/96  3/5/97, 62 FR 9970....
                              Emissions of Lead
                              from Primary Lead
                              Smelter-Refinery
                              Installations.
10-6.130...................  Controlling Emissions       4/18/88  7/31/89, 54 FR 31524..
                              During Episodes of
                              High Air Pollution.
10-6.140...................  Restriction of               5/1/86  3/31/89, 54 FR 13184..
                              Emissions Credit for
                              Reduced Pollutant
                              Concentrations from
                              the Use of Dispersion
                              Techniques.
10-6.150...................  Circumvention.........      8/15/90  4/17/91, 56 FR 15500..
10-6.170...................  Restriction of              8/30/98  3/31/00, 65 FR 17166..
                              Particulate Matter to
                              the Ambient Air
                              Beyond the Premises
                              of Origin.
10-6.180...................  Measurement of             11/19/90  7/23/91, 56 FR 33714..
                              Emissions of Air
                              Contaminants.
10-6.210...................  Confidential                1/27/95  2/29/96, 61 FR 7714...
                              Information.
10-6.260...................  Restriction of              7/31/96  8/27/98, 63 FR 45727..  EPA did not approve
                              Emission of Sulfur                                           section (4) of the
                              Compounds.                                                   state rule.
10-6.300...................  Conformity of General       8/31/96  5/14/97, 62 FR 26395..
                              Federal Actions to
                              State Implementation
                              Plans.
10-6.330...................  Charcoal Kilns........      6/30/98  12/8/98, 63 FR 67591..
----------------------------------------------------------------------------------------------------------------
   Missouri Department of Public Safety Division 50--State Highway Patrol Chapter 2--Motor Vehicle Inspection
----------------------------------------------------------------------------------------------------------------
50-2.010...................  Definitions...........      4/11/82  8/12/85, 50 FR 32411..
50-2.020...................  Minimum Inspection         10/11/82  8/12/85, 50 FR 32411..
                              Station Requirements.
50-2.030...................  Inspection Station         12/11/77  8/12/85, 50 FR 32411..
                              Classification.
50-2.040...................  Private Inspection          5/31/74  8/12/85, 50 FR 32411..
                              Stations.
50-2.050...................  Inspection Station         11/11/79  8/12/85, 50 FR 32411..
                              Permits.
50-2.060...................  Display of Permits,        11/31/74  8/12/85, 50 FR 32411..
                              Signs and Poster.
50-2.070...................  Hours of Operation....     11/11/83  8/12/85, 50 FR 32411..
50-2.080...................  Licensing of Inspector/     4/13/78  8/12/85, 50 FR 32411..
                              Mechanics.
50-2.090...................  Inspection Station          8/11/78  8/12/85, 50 FR 32411..
                              Operational
                              Requirements.
50-2.100...................  Requisition of              6/12/80  8/12/85, 50 FR 32411..
                              Inspection Stickers
                              and Decals.
50-2.110...................  Issuance of Inspection     12/11/77  8/12/85, 50 FR 32411..
                              Stickers and Decals.
50-2.120...................  MVI-2 Form............     11/11/83  8/12/85, 50 FR 32411..
50-2.130...................  Violations of Laws or       5/31/74  8/12/85, 50 FR 32411..
                              Rules Penalty.
50-2.260...................  Exhaust System........      5/31/74  8/12/85, 50 FR 32411..
50-2.280...................  Air Pollution Control      12/11/80  8/12/85, 50 FR 32411..
                              Devices.
50-2.290...................  Fuel Tank.............       5/3/74  8/12/85, 50 FR 32411..
[[Page 160]]
50-2.350...................  Applicability of Motor       5/1/84  8/12/85, 50 FR 32411..
                              Vehicle Emission
                              Inspection.
50-2.360...................  Emission Fee..........      11/1/83  8/12/85, 50 FR 32411..
50-2.370...................  Inspection Station         12/21/90  10/13/92, 57 FR 46778.
                              Licensing.
50-2.380...................  Inspector/Mechanic          11/1/83  8/12/85, 50 FR 32411..
                              Licensing.
50-2.390...................  Safety/Emission             11/1/83  8/12/85, 50 FR 32411..
                              Stickers.
50-2.400...................  Emission Test               6/15/87  9/15/88, 53 FR 35820..  Subsections (3)(B)3,
                              Procedures.                                                  (4)(A), (4)(B),
                                                                                           (4)(B)1 and 2,
                                                                                           (4)(B)5, and a
                                                                                           portion of (4)(B)6
                                                                                           are not approved as
                                                                                           part of the SIP.
50-2.401...................  General Specifications     12/21/90  10/13/92, 57 FR 46778.
50-2.402...................  MAS Software Functions     12/21/90  10/13/92, 57 FR 46778.  The SIP does not
                                                                                           include Section (6),
                                                                                           Safety Inspection.
50-2.403...................  Missouri Analyzer          12/21/90  10/13/92, 57 FR 46778.  The SIP does not
                              System (MAS) Display                                         include Section
                              and Program                                                  (3)(B)4, Safety
                              Requirements.                                                Inspection Sequences
                                                                                           or (3)(M)5(II),
                                                                                           Safety Inspection
                                                                                           Summary.
50-2.404...................  Test Record                12/21/90  10/13/92, 57 FR 46778.  The SIP does not
                              Specifications.                                              include Section (5),
                                                                                           Safety Inspection
                                                                                           Results.
50-2.405...................  Vehicle Inspection         12/21/90  10/13/92, 57 FR 46778.
                              Certificate, Vehicle
                              Inspection Report,
                              and Printer Function
                              Specifications.
50-2.406...................  Technical                  12/21/90  10/13/92, 57 FR 46778.
                              Specifications for
                              the MAS.
50-2.407...................  Documentation,             12/21/90  10/13/92, 57 FR 46778.
                              Logistics and
                              Warranty Requirements.
50-2.410...................  Vehicles Failing           12/21/90  10/13/92, 57 FR 46778.
                              Reinspection.
50-2.420...................  Procedures for             12/21/90  10/13/92, 57 FR 46778.
                              Conducting Only
                              Emission Tests.
----------------------------------------------------------------------------------------------------------------
                                       Kansas City Chapter 8--Air Quality
----------------------------------------------------------------------------------------------------------------
8-2........................  Definitions...........     12/10/98  12/22/99..............
8-5........................  Emission of                12/10/98  12/22/99..............  Only subsections 8-
                              Particulate Matter.                                          5(c)(1)b, 8-5(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 2A--
   Air Pollution Control
         Standards
----------------------------------------------------------------------------------------------------------------
Article I..................  Definitions...........     10/31/96  4/22/98, 63 FR 19823..  Only Section 2A-2 is
                                                                                           approved by EPA.
Article VII................  Stack Emission Test        10/31/96  4/22/98, 63 FR 19823..  Only Section 2A-25 is
                              Method.                                                      approved by EPA.
Article IX.................  Incinerator...........     10/31/96  4/22/98, 63 FR 19823..  Only Sections 2A-34
                                                                                           through 38 are
                                                                                           approved by EPA.
Article XX.................  Test Methods and           10/31/96  4/22/98, 63 FR 19823..  Only Sections 2A-51,
                              Tables.                                                      55, and 56 are
                                                                                           approved by EPA.
----------------------------------------------------------------------------------------------------------------
                                          St Louis City Ordinance 59270
----------------------------------------------------------------------------------------------------------------
Section 4..................  Definitions...........     10/31/96  4/22/98, 63 FR 19823..
Section 12.................  Open Burning               10/31/96  4/22/98, 63 FR 19823..
                              Restrictions.
----------------------------------------------------------------------------------------------------------------
[[Page 161]]
----------------------------------------------------------------------------------------------------------------
                                                      State
     Name of source         Order/permit number     effective      EPA approval date           Explanation
                                                       date
----------------------------------------------------------------------------------------------------------------
ASARCO Inc. Lead Smelter  Order..................      8/13/80  4/27/81, 46 FR 23412...
 Glover, MO.
St. Joe Lead (Doe Run)    Order..................      3/21/84  6/11/84, 49 FR 24022...
 Company Lead Smelter
 Herculaneum, MO.
AMAX Lead (Doe Run)       Order..................      9/27/84  1/7/85, 50 FR 788......
 Company Lead Smelter
 Boss, MO.
Gusdorf Operating Permit  Permit Nos: 04682-04693
 11440 Lackland Road St
 Louis County, MO.
4/29/80 (St Louis         10/15/84, 49 FR 40164..
 County).
Doe Run Lead Smelter      Consent Order..........       3/9/90  3/6/92, 57 FR 8077.....
 Herculaneum, MO.
Doe Run Lead Smelter      Consent Order..........      8/17/90  3/6/92, 57 FR 8077.....
 Herculaneum, MO.
Doe Run Lead Smelter      Consent Order..........       7/2/93  5/5/95, 60 FR 22334....
 Herculaneum, MO.
Doe Run Lead Smelter      Consent Order                4/28/94  5/5/95, 60 FR 22334....  In a notice published
 Herculaneum, MO.          (Modification).                                                on 8/15/97 at 62 FR
                                                                                          43647, EPA required
                                                                                          implementation of the
                                                                                          contingency measures.
Doe Run Lead Smelter      Consent Order               11/23/94  5/5/95, 60 FR 22334....
 Herculaneum, MO.          (Modification).
Doe Run Buick Lead        Consent Order..........       7/2/93  8/4/95, 60 FR 39851....
 Smelter Boss, MO.
Doe Run Buick Lead        Consent Order                9/29/94  8/4/95, 60 FR 39851....
 Smelter Iron County, MO.  (Modification).
ASARCO Glover Lead        Consent Decree CV596-        7/30/96  3/5/97, 62 FR 9970.....
 Smelter Glover, MO.       98CC with exhibits A-G.
Eagle-Picher              Consent Agreement......     08/26/99  4/24/00, 65 FR 21651...
 Technologies Joplin, MO.
----------------------------------------------------------------------------------------------------------------
                                        St Louis City Incinerator Permits
----------------------------------------------------------------------------------------------------------------
Washington University     Pathological                 2/20/97  4/22/98, 63 FR 19823...
 School of Medicine.       Incinerator (RETORT)
                           Permit No. 96-10-083.
Washington University     Medical Waste                2/20/97  4/22/98, 63 FR 19823...
 School of Medicine.       Incinerator Permit No.
                           96-10-084.
St Louis University.....  Medical Waste                9/22/92  4/22/98, 63 FR 19823...
                           Incinerator.
----------------------------------------------------------------------------------------------------------------
[[Page 162]]
                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable
    Name of nonregulatory SIP        geographic or      State submittal    EPA approval date      Explanation
            provision             nonattainment Area         date
----------------------------------------------------------------------------------------------------------------
Kansas City and Outstate Air      Kansas City and     1/24/72...........  5/31/72, 37 FR
 Quality Control Regions Plan.     Outstate.                               10875.
Implementation Plan for the       St. Louis.........  1/24/72...........  5/31/72, 37 FR
 Missouri portion of the St.                                               10875.
 Louis Interstate Air Quality
 Control Region.
 Effects of adopting Appendix B   St. Louis.........  3/27/72...........  5/31/72, 37 FR
 to NO \2\ emissions.                                                      10875.
CO air quality data base........  St. Louis.........  5/2/72............  5/31/72, 37 FR
                                                                           10875.
Budget and manpower projections.  Statewide.........  2/28/72...........  10/28/72, 37 FR
                                                                           23089.
Emergency episode manual          Kansas City.......  5/11/72...........  10/28/72, 37 FR
                                                                           23089.
Amendments to Air Conservation    Statewide.........  7/12/72...........  10/28/72, 37 FR
 Law.                                                                      23089.
Air monitoring plan.............  Outstate..........  7/12/72...........  10/28/72, 37 FR
                                                                           23089.
Amendments to Air Conservation    Statewide.........  8/8/72............  10/28/72, 37 FR
 Law.                                                                      23089.
Transportation control strategy.  Kansas City.......  5/11/73, 5/21/73,.  6/22/73, 38 FR
                                                                           16566.
Analysis of ambient air quality   Kansas City.......  4/11/74...........  3/2/76, 41 FR 8962
 data and recommendation to not
 designate the area as an air
 quality maintenance area.
Recommendation to designate air   St. Louis,          5/6/74............  9/9/75, 40 FR
 quality maintenance areas.        Columbia,                               41950.
                                   Springfield.
Plan to attain the NAAQS........  Kansas City St.     7/2/79 4/9/80, 45   24140.............  Correction notice
                                   Louis.              FR.                                     published 7/11/
                                                                                               80.
Schedule for I/M program and      St. Louis.........  9/9/80............  3/16/81, 46 FR
 commitment regarding difficult                                            16895.
 transportation control measures
 (TCMs).
Lead SIP........................  Statewide.........  9/2/80, 2/11/81, 2/ 4/27/81, 46 FR      Correction notice
                                                       13/81.              23412.              published 5/15/
                                                                          7/19/84, 49 FR       81.
                                                                           29218.
Report on recommended I/M         St. Louis.........  12/16/80..........  8/27/81, 46 FR      No action was
 program.                                                                  43139.              taken on the
                                                                                               specific
                                                                                               recommendations
                                                                                               in the report.
Report outlining commitments to   St. Louis.........  2/12/81, 4/28/81..  11/10/81, 46 FR
 TCMs, analysis of TCMs, and                                               55518.
 results of CO dispersion
 modeling.
1982 CO and ozone SIP...........  St. Louis.........  12/23/82, 8/24/83.  10/15/84, 49 FR
                                                                           40164.
Air quality monitoring plan.....  Statewide.........  6/6/84............  9/27/84, 49 FR
                                                                           38103.
Vehicle I/M program.............  St. Louis.........  8/27/84...........  8/12/85, 50 FR
                                                                           32411.
Visibility protection plan......  Hercules Glades     5/3/85............  2/10/86, 51 FR
                                   and Mingo                               4916.
                                   Wildlife Area.
Plan for attaining the ozone      St. Louis.........  8/1/85............  9/3/86, 51 FR
 standard by December 31, 1987.                                            31328.
PM \10\ plan....................  Statewide.........  3/29/88, 6/15/88..  7/31/89, 54 FR
                                                                           31524.
Construction permit fees          Statewide.........  1/24/89, 9/27/89..  1/9/90, 55 FR 735.
 including Chapter 643 RSMo.
PSD NO<INF>X</INF> requirements including a  Statewide.........  7/9/90............  3/5/91, 56 FR 9172
 letter from the state
 pertaining to the rules and
 analysis.
Lead plan.......................  Herculaneum.......  9/6/90, 5/8/91....  3/6/92, 57 FR 8076
Ozone maintenance plan..........  Kansas City.......  10/9/91...........  6/23/92, 57 FR
                                                                           27939.
Small business assistance plan..  Statewide.........  3/10/93...........  10/26/93, 58 FR
                                                                           57563.
Part D Lead plan................  Herculaneum.......  7/2/93, 6/30/94,    5/5/95, 60 FR
                                                       11/23/94.           22274.
[[Page 163]]
Intermediate permitting program   Statewide.........  3/31/94, 11/7/94,   9/25/95, 60 FR
 including three letters                               10/3/94, 2/10/95.   49340.
 pertaining to authority to
 limit potential to emit
 hazardous air pollutants.
Part D lead plan................  Bixby.............  7/2/93, 6/30/94...  8/4/95, 60 FR
                                                                           39851.
Transportation conformity plans   St. Louis, Kansas   2/14/95...........  2/29/96, 61 FR
 including a policy agreement      City.                                   7711.
 and a letter committing to
 implement the state rule
 consistent with the Federal
 transportation conformity rule.
Emissions inventory update        Kansas City.......  4/12/95...........  4/25/96, 61 FR
 including a motor vehicle                                                 18251.
 emissions budget.
Part D Lead Plan................  Glover............  8/14/96...........  3/5/97, 62 FR 9970
CO Maintenance Plan.............  St. Louis.........  6/13/97, 6/15/98..  1/26/99, 64 FR
                                                                           3855.
1990 Base Year Inventory........  St. Louis.........  01/20/95..........  2/17/00, 65 FR
                                                                           8063.
15% Rate-of-Progress Plan.......  St. Louis.........  11/12/99..........  5/18/00...........
Implementation plan for the       St. Louis.........  11/12/99..........  May 18, 2000, 65
 Missouri inspection/.                                                     FR 31482.
maintenance program.............
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
[64 FR 34719, June 29, 1999, as amended at 64 FR 71037, 71040, Dec. 20,
1999; 64 FR 71666, Dec. 22, 1999; 64 FR 72035, Dec. 23, 1999; 65 FR
1790, Jan. 12, 2000; 65 FR 8063, Feb. 17, 2000; 65 FR 17166, Mar. 31,
2000; 65 FR 21650, Apr. 24, 2000; 65 FR 31482-31491, May 18, 2000]
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 NO<INF>2</INF>
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
[[Page 164]]
Kansas City area was submitted on May 11, 1972, by the State Air
Conservation Commission. (Non-regulatory)
    (5) Amendments to the Air Conservation Law, Chapter 203, and plans
for air monitoring for outstate Missouri were submitted July 12, 1972,
by the Air Conservation Commission.
    (6) The following amendments to the St. Louis and Kansas City
outstate plans were submitted August 8, 1972, by the State ACC: Air
Conservation Law, Chapter 203; Kansas City Ordinance, Chapter 18;
Regulations XVIII, XX, XXVI (St. Louis); Regulations X, XII, XVII
(Kansas City) and Regulations S-11, S-X111 and S-X11 (outstate).
    (7) Letters discussing transportation control strategy for Kansas
City Interstate AQCR submitted by the State ACC on May 11 and 21, 1973.
(Non-regulatory)
    (8) Alert plan for St. Louis County and outstate Missouri was
submitted on May 24, 1973, by the ACC. (Regulatory)
    (9) Copy of the State's analysis of ambient air quality in the
Missouri portion of the Metropolitan Kansas City Interstate Air Quality
Control Region and recommendation that the area not be designated as an
Air Quality Maintenance Area submitted by the Missouri Air Conservation
Commission on April 11, 1974. (Non-regulatory)
    (10) Copy of the State's analysis of the Missouri portion of the
Metropolitan St. Louis Interstate Standard Metropolitan Statistical Area
(SMSA), the Columbia SMSA and the Springfield SMSA and recommendations
for the designation of Air Quality Maintenance Areas submitted by the
Missouri Air Conservation Commission on May 6, 1974. (Non-regulatory)
    (11) Compliance Schedules were submitted by the Missouri Air
Conservation Commission on June 3 and October 1, 1976.
    (12) Compliance Schedules were submitted by the Missouri Air
Conservation Commission on November 23, 1976.
    (13) On August 28, 1978, the following revisions were submitted by
the Missouri Department of Natural Resources:
    (i) The recodification of Missouri regulations of July 1, 1976, now
contained in Title 10, Division 10 of the Code of State Regulations.
    (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 SO<INF>2</INF> 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 SO<INF>2</INF> 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
[[Page 165]]
Clean Air Act, as amended in 1977. Included in the plan are the
following approved regulations as amended, in part, in subsequent
submittals:
    (i) Rule 10 CSR 10-2.210 and 10 CSR 10-5.300 Control of Emissions
from Solvent Metal Cleaning are approved as RACT;
    (ii) Rule 10 CSR 10-2.220 and 10 CSR 10-5.310 Liquified Cutback
Asphalt Paving Restriated are approved as RACT;
    (iii) Rule 10 CSR 10-5.220 Control of Petroleum Liquid Storage,
Loading and Transfer (St. Louis) is approved as RACT.
    (iv) Rule 10 CSR 10-2.260 Control of Petroleum Liquid Storage,
Loading and Transfer (Kansas City) is approved as RACT;
    (v) Rule 10 CSR 10-5.030 Maximum Allowable Emission of Particulate
Matter from Fuel Burning Equipment Used for Indirect Heating is approved
as RACT;
    (vi) Rule 10 CSR 10-5.090 Restriction of Emission of Visible Air
Contaminants is approved as RACT;
    (vii) Rule 10 CSR 10-5.290 More Restrictive Emission Limitations for
Sulfur Dioxide and Particulate Matter in South St. Louis is approved as
RACT;
    (viii) Rule 10 CSR 10-2.040 Maximum Allowable Emission of
Particulate Matter from Fuel Burning Equipment Used for Indirect Heating
is approved as RACT;
    (ix) Rule 10 CSR 10-2.240 Restriction of Emissions of Volatile
Organic Compounds from Petroleum Refinery Sources is approved as RACT;
    (x) Rule 10 CSR 10-2.250 Control of Volatile Leaks from Petroleum
Refinery Equipment is approved as RACT; and
    (xi) Rule 10 CSR 10-2.230 and 10 CSR 10-5.330 Control of Emissions
from Industrial Surface Coating Operations is approved as RACT.
    (17) On July 2, 1979, the Missouri Department of Natural Resources
submitted variances (compliance schedules) for Union Electric Company's
Labadie power plant, River Cement Company, and Monsanto Company's Queeny
plant. The compliance schedules require these sources to comply with
revised Rule 10 CSR 10-5.090. In addition, the Labadie power plant is
required to come into compliance with Rule 10 CSR 10-5.030.
    (18) On April 7, 1980 the State of Missouri submitted plan revisions
for the review and permitting of sources of air 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;
[[Page 166]]
    (ii) Amendments to Rule 10 CSR 10-2.260 and to Rule 10 CSR 10-5.220,
Control of Petroleum Liquid Storage, Loading and Transfer, are approved
as RACT;
    (iii) Amendments to Rule 10 CSR 10-6.020, Definitions, and to Rule
10 CSR 10-6.030, Sampling Methods for Air Pollution Sources, and to Rule
10 CSR 10-6.040, Reference Methods, are approved as RACT;
    (iv) Rule 10 CSR 10-2.280 and Rule 10 CSR 10-5.320, Control of
Emissions from Perchloroethylene Dry Cleaning Installations, are
approved as RACT;
    (v) Rule 10 CSR 10-2.290, Control of Emissions from Rotogravure and
Flexographic Printing Facilities, is approved as RACT;
    (vi) Rule 10 CSR 10-5.350, Control of Emissions from the Manufacture
of Synthesized Pharmaceutical Products, is approved as RACT;
    (vii) Rule 10 CSR 10-5.340, Control of Emissions from Rotogravure
and Flexographic Printing Facilities is approved as RACT.
    (26) On September 2, 1980, the Missouri Department of Natural
Resources submitted the State Implementation Plan for Lead. On February
11 and 13, 1981, the Missouri Department of Natural Resources submitted
two letters containing additional information concerning the State
Implementation Plan for Lead.
    (27) On September 5, 1980, the state of Missouri submitted a plan
revision which involved provisions for start-up, shutdown, and
malfunction conditions. Included in the plan are new Missouri Rule 10
CSR 10-6.050, Start-up Shutdown, and MalfunctionConditions; and
revisions to Rule 10 CSR 10-6.020, Defintions and Amended Start-up,
Shutdown and Malfunction Provisions in Rules 10 CSR 10-2.030, 10-3.050,
10-3.060, 10-3.080, 10-4.030, 10-4.040, and 10-5.050.
    (28) Revisions to Rule 10 CSR 10-6.060 Permits Required, submitted
on April 7, 1981.
    (29) A revision to Rule 10 CSR 10-5.220 Control of Petroleum Liquid
Storage, Loading and Transfer (St. Louis), submitted on April 14, 1981,
amending the emission limit in Section 3, is approved as RACT.
    (30) A report on the recommended type of I/M program, stringency
factor, vehicle test mix, and program resources and justification,
submitted on December 16, 1980, is approved as meeting the applicable
condition on the 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
[[Page 167]]
10-6.060, Permits Required, and Amendments to Rule 10 CSR 10.6020,
Definitions, involving the review and permitting of new sources of air
pollution. Included in the plan are provisions relating to the
attainment area (PSD) new source review. The plan also includes new
source review provisions of nonattainment areas in the State.
    (38) Revisions to Rules 10 CSR 10-2.280 (Kansas City) and 10 CSR 10-
5.320 (St. Louis), both entitled Control of Emissions from
Perchloroethylene Dry Cleaning Installations, and 10 CSR 10-5.290, More
Restrictive Emission Limitations for Sulfur Dioxide and Particulate
Matter in the South St. Louis Area, submitted on July 13, 1982, are
approved.
    (39) [Reserved]
    (40) The 1982 carbon monoxide and ozone state implementation plan
revisions were submitted by the Department of Natural Resources on
December 23, 1982. A revised version of the 1982 carbon monoxide and
ozone plan was submitted by the Department of Natural Resources on
August 24, 1983. This version contained updated inventories, attainment
demonstrations and schedules to adopt rules. The submission included new
rule 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag Sealing
Operations. (No action was taken with respect to provisions dealing with
control strategy demonstration, reasonable further progress and
inspection and maintenance of motor vehicles.)
    (41) Revised rule 10 CSR 10-1.010, General Organization, was
submitted by the Missouri Department of Natural Resources on December
30, 1982.
    (42) [Reserved]
    (43) On March 26, 1984, the Missouri Department of Natural Resources
submitted a revision to the September 2, 1980, lead State Implementation
Plan pertaining to item 4 of the consent order for the St. Joe Lead
Company. The revision consists of a substitution of equivalent control
measures for item 4.
    (44) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of
Emission of Particulate Matter from Industrial Processes, for the St.
Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by
the Missouri Department of Natural Resources on July 1, 1983.
    (45) The Missouri Department of Natural Resources submitted
revisions to regulations 10 CSR 10-2.100, 3.030, 4.090, and 5.070
requiring operating permits for open burning of untreated wood 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-
[[Page 168]]
5.380, ``Motor Vehicle Emissions Inspections'', published in the
Missouri Register January 3, 1982;
    (B) Missouri Revised Statutes, Sections 307.350 through 307.395,
``Motor Vehicle Safety Inspection'', as revised September 1983;
    (C) Regulations 11 CSR 50-2.010 through 11 CSR 50-2.410, ``Missouri
Motor Vehicle Inspection Regulations'', as revised July 1, 1982.
    (ii) Additional material. (A) I/M Implementation Schedule.
    (B) Highway Patrol Forms.
    (C) Missouri Certified Emission Analyzers.
    (D) Missouri Department of Revenue Policy.
    (E) Highway Patrol QC Manual.
    (F) EPA Approval of RACT Compliance.
    (G) Public Awareness Materials.
    (52) [Reserved]
    (53) A rule requiring sources to keep records and report data and
requiring emission data to be made public was submitted January 22,
1985, by the Department of Natural Resources. This rule replaces
previous rules 10 CSR 10-2.130, 3.130, 4.120, and 5.210, all entitled
``Submission of Emission Information'' which were approved as parts of
the State Implementation Plan; and previous rules 10 CSR 10-2.180,
3.120, 4.170, and 5.270, all entitled ``Public Availability of Emission
Data'' which were not approved prior to the submission of this
replacement rule.
    (i) Incorporation by reference. A new regulation 10 CSR 10-6.110
published in the Missouri Register November 1, 1984.
    (54) A new rule, Controlling Emissions During Episodes of High Air
Pollution Potential, was submitted by the Department of Natural
Resources on January 22, 1985.
    (i) Incorporation by reference. 10 CSR 10-6.130, Controlling
Emissions During Episodes of High Air Pollution Potential, adopted by
the Missouri Air Conservation Commission and effective on October 11,
1984.
    (ii) Additional material. The State has rescinded rules 10 CSR 10-
2.170, 3.110, 4.160, and 5.260, all entitled ``Rules for Controlling
Emission During Periods of High Air Pollution Potential.''
    (55) [Reserved]
    (56) The Missouri Department of Natural Resources submitted the
Protection of Visibility Plan, 1985, on May 3, 1985.
    (i) Incorporation by reference.
    (A) Amendments to Missouri Rule 10 CSR 10-6.020, Definitions, and
Rule 10 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
[[Page 169]]
ambient ozone concentrations to the National Ambient Air Quality
Standard for ozone.
    (59) A new rule, Control of Emissions from the Production of Maleic
Anhydride, was submitted by the Department of Natural Resources on
January 21, 1986.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.400, Control of Emissions from the Production of
Maleic Anhydride, adopted by the Missouri Air Conservation Commission
and effective on October 26, 1985.
    (60) A plan revision to correct motor vehicle inspection and
maintenance testing deficiencies was submitted by the Department of
Natural Resources on December 29, 1987.
    (i) Incorporation by reference. (A) Regulations 11 CSR 50-2.370 and
11 CSR 50-2.400, effective June 25, 1987.
    (61) On June 9, 1986, the state of Missouri submitted an amendment
to Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading,
and Transfer. This amendment requires the control of volatile organic
compound emissions from the refueling of motor vehicles in the St. Louis
Metropolitan Area.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading,
and Transfer, revised paragraphs 4, 5, 6, 7, 8, and 9, published in the
Missouri Register on May 1, 1985.
    (62) A new rule, Control of Equipment Leaks from Synthetic Organic
Chemical and Polymer Manufacturing Plants, was submitted by the
Department of Natural Resources on November 19, 1986.
    (i) Incorporation by reference, 10 CSR 10-5.420, Control of
Equipment Leaks from Synthetic Organic Chemical and Polymer
Manufacturing Plants, effective on September 26, 1986.
    (63) An amendment to the rule, Restriction of Emissions of Sulfur
Compounds, was submitted by the Department of Natural Resources on
November 19, 1986.
    (i) Incorporation by reference.
    (A) Amended Regulation 10 CSR 10-3.100, Restriction of Emission of
Sulfur Compounds adopted October 16, 1986, and effective on November 28,
1986.
    (64) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of
Emission of Particulate Matter from Industrial Processes, for the St.
Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by
the Missouri Department of Natural Resources on October 22, 1987.
    (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
[[Page 170]]
Metal Cleaning, effective December 12, 1987.
    (G) Revisions to Rules 10 CSR 10-2.290, Control of Emissions from
Rotogravure and Flexographic Printing Facilities, and 10 CSR 10-6.020,
Definitions, effective December 24, 1987.
    (66) The Missouri Department of Natural Resources submitted
revisions to its state implementation plan to incorporate
PM<INF>10</INF> 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 PM<INF>10</INF> 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
[[Page 171]]
Surface Coating Products; 10 CSR 10-5.420, Control of Equipment Leaks
from Synthetic Organic Chemical and Polymer Manufacturing Plants; and 10
CSR 6.020, Definitions; effective March 11, 1989.
    (C) Rescinded Rule 10 CSR 10-5.400, Control of Emissions from
Production of Maleic Anhydride, effective March 11, 1989.
    (72) The Missouri Department of Natural Resources submitted new rule
10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating
Operations, and amendments to rule 10 CSR 10-6.020, Definitions, on
January 11, 1990.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-5.330, Control of Emissions from Industrial
Surface Coating Operations, effective November 26, 1989.
    (B) Rescinded rule 10 CSR 10-5.330, Control of Emissions from
Industrial Surface Coating Operations, effective November 26, 1989.
    (C) Revisions to rule 10 CSR 10-6.020, Definitions, effective
November 26, 1989.
    (73) A rule revision to establish gasoline tank truck certification
requirements in ozone nonattainment areas was submitted by the
Department of Natural Resources on July 17, 1990.
    (i) Incorporation by reference.
    (A) Revision to rule 10 CSR 10-2.260 and 10 CSR 10-5.220 both titled
``Control of Petroleum Liquid Storage, Loading, and Transfer'' effective
May 24, 1990.
    (74) Revisions to the circumvention plan submitted by the Missouri
Department of Natural Resources on September 6, 1990.
    (i) Incorporation by reference.
    (A) Rule at 10 CSR 10-6.150, Circumvention, effective November 30,
1990.
    (B) Rescission of rules 10 CSR 10-2.140, Circumvention; CSR 10-
4.130, Circumvention; and 10 CSR 10-5.230, Circumvention, effective
September 28, 1990.
    (75) Plan revisions were submitted by the Missouri Department of
Natural Resources on September 25, 1990, which implement EPA's October
17, 1988, PSD NO<INF>x</INF> 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
NO<INF>x</INF> 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
[[Page 172]]
which demonstrates continued attainment of the NAAQS for ozone through
the year 2002. Rule revisions were also submitted on October 9, 1991.
    (i) Incorporation by reference.
    (A) Revised regulations 10 CSR 10-6.020, Definitions, and 10 CSR 10-
2.220, Liquefied Cutback Asphalt Paving Restricted, effective August 30,
1991; and new regulation 10 CSR 10-2.340, Control of Emissions from
Lithographic Printing Facilities, effective December 9, 1991.
    (ii) Additional material.
    (A) State of Missouri Implementation Plan, Kansas City Metropolitan
Area Maintenance Provisions, October 1991.
    (78) The Missouri Department of Natural Resources submitted new rule
10 CSR 10-6.180, Measurement of Emissions of Air Contaminants, on March
4, 1991.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.180 entitled ``Measurement of Emissions of
Air Contaminants'' published November 19, 1990, effective December 31,
1990.
    (79) The Missouri Department of Natural Resources submitted an
amendment on March 19, 1992, to add sampling methods to rule 10 CSR 10-
6.030 ``Sampling Methods for Air Pollution Sources.'' On November 20,
1991, Missouri submitted administrative amendments to rule 10 CSR 10-
6.030 which renumber and reorganize sections within that rule. Rules
which reference the renumbered sections of 10 CSR 10-6.030 were also
administratively amended and submitted.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.030 ``Sampling Methods for Air
Pollution Sources'' effective September 30, 1991.
    (B) Administrative amendments to the sampling citations in the
following rules which are affected by the administrative amendments to
10 CSR 10-6.030: 10 CSR 10-2.210, effective December 12, 1987; 10 CSR
10-2.230, effective November 24, 1988; 10 CSR 10-2.260, effective May
24, 1990; 10 CSR 10-2.280, effective May 13, 1982; 10 CSR 10-2.290,
effective December 24, 1987; 10 CSR 10-2.300, effective December 12,
1987; 10 CSR 10-2.310, effective November 23, 1987; 10 CSR 10-2.320,
effective November 23, 1987; 10 CSR 10-3.160, effective 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
[[Page 173]]
the St. Louis Metropolitan Area, respectively, on July 9, 1992.
    (i) Incorporation by reference.
    (A) Rescission of rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10 CSR
10-5.200 entitled ``Measurement of Emissions of Air Contaminants''
rescinded April 9, 1992.
    (82) Revisions to the Missouri State Implementation Plan
establishing a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program were submitted by the
Director of the Missouri Department of Natural Resources on March 10,
1993.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental
Compliance Program dated November 1992 and adopted February 18, 1993.
    (83) A revision to the Missouri State Implementation Plan (SIP) to
incorporate the lead nonattainment areas into the existing new source
review (NSR) program was submitted by the state on March 15, 1993. This
revision changes the applicability requirements by changing the
definition of nonattainment area in the state regulations to include
lead nonattainment areas, and to delete the Kansas City area as a
nonattainment area in light of its attainment of the ozone standard.
    (i) Incorporation by reference.
    (A) Revision to rule 10 C.S.R. 10-6.020, definitions, effective
February 26, 1993.
    (84) The Missouri Department of Natural Resources submitted rule
revisions pertaining to rotogravure and flexographic printing facilities
in Kansas City, Missouri, and St. Louis, Missouri; and an amendment to
the sampling methods rule which adds a compliance test method for the
capture efficiency of air pollution control devices. These amendments
were submitted September 16 and September 23, 1992.
    (i) Incorporation by reference.
    (A) Revised regulations 10 CSR 10-2.290 (except section (6),
Compliance Dates) and 10 CSR 10-5.340 (except section (6), Compliance
Dates), both entitled Control of Emissions from Rotogravure and
Flexographic Printing Facilities, effective February 6, 1992.
    (B) Revised regulation 10 CSR 10-6.030 (section (20)), effective
April 9, 1992.
    (85)  [Reserved]
    (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.
[[Page 174]]
    (A) Revisions to the Doe Run Herculaneum Work Practice Manual
submitted on July 2, 1993.
    (B) Revisions to the Doe Run Herculaneum Work Practice Manual
submitted on June 30, 1994.
    (88) This revision submitted by the Missouri Department of Natural
Resources on March 31, 1994, relates to intermediate sources, and the
EPA is not approving the basic operating permit program. This revision
establishes a mechanism for creating federally enforceable limitations.
Emission limitations and related provisions which are established in
Missouri operating permits as federally enforceable conditions shall be
enforceable by EPA. EPA reserves the right to deem permit conditions not
federally enforceable. Such a determination will be made according to
appropriate procedures and be based upon the permit, permit approval
procedures, or permit requirements which do not conform with the
operating permit program requirements or the requirements of EPA's
underlying regulations.
    (i) Incorporation by reference.
    (A) 10 C.S.R. 10-6.065 (sections 1, 2, 3, 4(C)-(P), 5, and 7)
Operating Permits, effective May 9, 1994.
    (ii) Additional material.
    (A) Letter from Missouri to EPA Region VII dated November 7, 1994,
regarding how Missouri intends to satisfy the requirements set forth in
the Clean Air Act Amendments at sections 112(l)(5)(A), (B), and (C).
    (B) Two letters from Missouri to EPA Region VII dated October 3,
1994, and February 10, 1995, supplementing the November 7, 1994, letter
and clarifying that Missouri does have adequate authority to limit
potential-to-emit of hazardous air pollutants through the state
operating permit program.
    (89) In submittals dated July 2, 1993; June 30, 1994; and November
23, 1994, the Missouri Department of Natural Resources (MDNR) submitted
a State Implementation Plan (SIP) to satisfy Federal requirements for an
approvable nonattainment area lead SIP for the Doe Run primary and
secondary smelter near Bixby, Missouri (Doe Run-Buick). Although
Missouri rule 10 CSR 10-6.120 contains requirements which apply
statewide to primary lead smelting operations, EPA takes action on this
rule insofar as it pertains to the Doe Run-Buick facility. Plan
revisions 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.
[[Page 175]]
    (C) Policy agreement, entered into between the Missouri Department
of Natural Resources, the Mid-America Regional Council, and the Highway
and Transportation Commission of the state of Missouri, dated August 31,
1993.
    (D) Letter from the state of Missouri to EPA, dated December 7,
1995, in which the state commits to implementing its state rule
consistent with the Federal Transportation Conformity rule, as amended
on August 29, 1995, with regards to the granting of an NO<INF>x</INF>
waiver and the NO<INF>x</INF> 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.
[[Page 176]]
    (A) Missouri Rule 10 CSR 10-6.110, ``Emission Data, Emission Fees,
and Process Information,'' effective December 30, 1995.
    (101) On January 10, 1997, and February 2, 1997, the Missouri
Department of Natural Resources submitted revised rules pertaining to
transportation conformity.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-2.390, entitled Conformity to State
Implementation Plans of Transportation Plans, Programs, and Projects
Developed, Funded or Approved Under Title 23 U.S.C. or the Federal
Transit Act, effective December 30, 1996.
    (B) Regulation 10 CSR 10-5.480, entitled Conformity to State
Implementation Plans of Transportation Plans, Programs, and Projects
Developed, Funded or Approved Under Title 23 U.S.C. or the Federal
Transit Act, effective December 30, 1996.
    (102) Revised regulations for the control of fugitive particulate
matter emissions were submitted by the Missouri Department of Natural
Resources (MDNR) on September 25, 1990, and on November 20, 1996.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-6.170, entitled Restriction of Particulate
Matter Beyond the Premises of Origin, effective November 30, 1990, as
amended October 30, 1996.
    (B) Rescission of regulation 10 CSR 10-2.050, entitled Preventing
Particulate Matter From Becoming Airborne, effective September 28, 1990.
    (C) Rescission of regulation 10 CSR 10-3.070, entitled Restriction
of Particulate Matter From Becoming Airborne, effective September 28,
1990.
    (D) Rescission of regulation 10 CSR 10-4.050, entitled Preventing
Particulate Matter From Becoming Airborne, effective September 28, 1990.
    (E) Rescission of regulation 10 CSR 10-5.100, entitled Preventing
Particulate Matter From Becoming Airborne, effective on September 28,
1990.
    (ii) Additional material.
    (A) Letter from Missouri submitted on February 24, 1997, pertaining
to the submission of supplemental documentation.
    (103) Revisions to the Missouri plan were submitted by the Governor
on March 20, 1997.
    (i) Incorporation by reference.
    (A) St. Louis City Ordinance 59270, Section 4--Definitions, numbers
80. ``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]
[[Page 177]]
    (105) Revision to the Missouri SIP submitted by the Missouri
Department of Natural Resources on November 13, 1997.
    (i) Incorporation by reference.
    (A) Missouri Rule, 10 CSR 10-2.330, Control of Gasoline Reid Vapor
Pressure, effective October 30, 1997.
    (106) On December 17, 1996, the Missouri Department of Natural
Resources submitted a revised rule pertaining to capture efficiency.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.030 entitled, ``Sampling Methods
for Air Pollution Sources,'' effective November 30, 1996.
    (107) New regulation for control of volatile organic emissions from
Kansas City commercial bakeries submitted by the Missouri Department of
Natural Resources March 13, 1996.
    (i) Incorporation by reference.
    (A) Rule 10 CSR 10-2.360 entitled ``Control of Emissions from Bakery
Ovens,'' effective December 30, 1995.
    (108) On August 12, 1997, the Missouri Department of Natural
Resources (MDNR) submitted a new rule which consolidated the
SO<INF>2</INF> 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 and amended at 64 FR 34719,
June 29, 1999]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1322, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
[[Page 178]]
Sec. 52.1323  Approval status.
    (a) With the exceptions set forth in this subpart, the Administrator
approves Missouri's plans for the attainment and  maintenance  of  the
national standards. Continued satisfaction of the requirements of Part D
for the ozone portion of the SIP depends on the adoption and submittal
of RACT requirements by July 1, 1980, for the sources covered by CTGs
issued between January 1978 and January 1979 and adoption and submittal
by each successive January of Additional RACT requirements for sources
covered by CTGs issued the previous January. New source review permits
issued pursuant to section 173 of the Clean Air Act will not be deemed
valid by EPA unless the provisions of Section V of the emission offset
interpretive rule published on January 16, 1979 (44 FR 3274) are met.
    (b) The Administrator approves Rule 10 CSR 10-2.290 as identified
under Sec. 52.1320, paragraph (c)(65), with the understanding that any
alternative compliance plans issued under this rule must be approved by
EPA as individual SIP revisions. In the absence of such approval, the
enforceable requirements of the SIP would be the reduction requirements
stated in the rule.
    (c) The Administrator approves Rule 10 CSR 10-2.230 as identified
under Sec. 52.1320, paragraph (c)(70), with the understanding that any
alternative compliance plans issued under this rule must be approved by
EPA as individual SIP revisions. In the absence of such approval, the
enforceable requirements of the SIP would be the emission limits stated
in the rule.
    (d) The Administrator approves Rule 10 CSR 10-5.340 as identified
under Sec. 52.1320, paragraph (c)(71), with the understanding that any
alternative compliance plans issued under this rule must be approved as
individual SIP revisions. In the absence of such approval, the
enforceable requirements of the SIP would be the reduction requirements
stated in the rule.
    (e) The Administrator approves Rule 10 CSR 10-5.330 as identified
under Sec. 52.1320, paragraph (c)(72), under the following terms, to
which the state of Missouri has agreed: Subsections (5)(B)3 and (7)(B)
of the rule contain provisions whereby the director of the Missouri Air
Pollution Control Program has discretion to establish compliance
determination procedures and equivalent alternative emission limits for
individual sources. Any such director discretion determinations under
this rule must be submitted to EPA for approval as individual SIP
revisions. In 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.
[[Page 179]]
In a letter to Mr. Dennis Grams, Regional Administrator, EPA, dated
December 7, 1995, Mr. David Shorr, Director, MDNR, stated:
    We commit to initiating a change in the wording in the above
paragraphs [paragraphs (3)(C)4. and (9)(B)] of Missouri rule 10 CSR 10-
6.300, and to submit the change to EPA within one year from the date of
this letter [December 7, 1995]. We intend that the change will give our
rule the same stringency as the General Conformity Rule.
    (i) Emission limitations and related provisions which are
established in Missouri's operation permits as federally enforceable
conditions shall be enforceable by EPA. EPA reserves the right to deem
permit conditions not federally enforceable. Such a determination will
be made according to appropriate procedures, and be based upon the
permit, permit approval procedures, or permit requirements which do not
conform with the operating permit program requirements or the
requirements of EPA's underlying regulations.
    (j) The state of Missouri revised 10 CSR 10-6.300 to remove language
in paragraphs (3)(C)4 and (9)(B) which made the language more stringent
than that contained in the Federal general conformity rule. This
fulfills the requirements of the conditional approval granted effective
May 10, 1996, as published on March 11, 1996.
    (k) The state of Missouri revised 10 CSR 10-2.390 for Kansas City
and 10 CSR 10-5.480 for St. Louis to update the transportation
conformity requirements contained in 40 CFR Part 51, Subpart T,
effective November 14, 1995.
    (l) The Administrator conditionally approves Missouri emergency rule
10 CSR 10-2.330 under Sec. 52.1320(c)(98). Full approval is contingent
on the state submitting the permanent rule, to the EPA, by November 30,
1997.
    (m) The Administrator approves Missouri rule 10 CSR 10-2.330 under
Sec. 52.1320(c)(105). This fulfills the requirements of the conditional
approval granted effective November 10, 1997, as published on October 9,
1997.
[37 FR 10876, May 31, 1972, as amended at 45 FR 24153, Apr. 9, 1980; 45
FR 30630, May 9, 1980; 49 FR 29221, July 19, 1984; 51 FR 31330, Sept. 3,
1986; 51 FR 36012, Oct. 8, 1986; 55 FR 7713, Mar. 5, 1990; 55 FR 46206,
Nov. 2, 1990; 57 FR 8077, Mar. 6, 1992; 57 FR 27942, June 23, 1992; 60
FR 22277, May 5, 1995; 60 FR 49343, Sept. 25, 1995; 61 FR 9644, Mar. 11,
1996; 62 FR 26396, May 14, 1997; 62 FR 46881, Sept. 5, 1997; 62 FR
52661, Oct. 9, 1997; 63 FR 20320, Apr. 24, 1998]
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
[[Page 180]]
owner or operator (Sec. 51.230(f) of this chapter).
    (3) Kansas City Health Department:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) of
this chapter).
    (4) Independence Health Department:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) of
this chapter).
    (ii) Authority to make emission data available to the public is
lacking since section 11.161 of the code of the city of Independence
requires confidential treatment in certain circumstances if the data
relate to secret processes or trade secrets affecting methods or results
of manufacture (Sec. 51.230(f) of this chapter).
    (5) Springfield Department of Health:
    (i) Authority to abate emissions on an emergency basis is lacking
(Sec. 51.230(c) of this chapter).
    (ii) Authority to require recordkeeping is lacking (Sec. 51.230(e)
of this chapter).
    (iii) Authority to make emission data available to the public is
inadequate because section 2A-42 of the Springfield City Code requires
confidential treatment of such data in certain circumstances
(Sec. 51.230(f) of this chapter).
    (c) The provisions of Sec. 51.230(d) of this chapter are not met
since statutory, authority to prevent construction, modification, or
operation of a facility, building, structure, or installation, or
combination thereof, which indirectly results or may result in emissions
of any air pollutant at any location which will prevent the maintenance
of a national air quality standard is not adequate.
[37 FR 23090, Oct. 28, 1972, as amended at 39 FR 7282, Feb. 25, 1974; 51
FR 13001, Apr. 17, 1986; 51 FR 40676, Nov. 7, 1986; 52 FR 24367, June
30, 1987]
Secs. 52.1326-52.1334  [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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
                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.
[[Page 181]]
    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 in the Finding Aids
section of this volume.
Secs. 52.1336-52.1338  [Reserved]
Sec. 52.1339  Visibility protection.
    (a) The requirements of section 169A of the Clean Air Act are not
met because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
    (b) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated into the applicable plan for the State of Missouri.
[52 FR 45138, Nov. 24, 1987]
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]
                           Subpart BB--Montana
Sec. 52.1370  Identification of plan.
    (a) Title of plan: ``Implementation Plan for Control of Air
Pollution in Montana.''
    (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)
[[Page 182]]
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--SO<INF>2</INF>;
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 SO<INF>2</INF> 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
(SO<INF>2</INF>).
    (12) On January 19, 1983, Montana submitted revisions to the State
Implementation Plan to meet the requirements of Part C, Subpart 1, and
section 110 of the Clean Air Act.
    (13) On July 20, 1982 Montana submitted revisions which amended the
State's rules relating to malfunctions.
    (14) Revisions to the SIP for Missoula and Billings Carbon Monoxide
(CO) and Missoula Total Suspended Particulate (TSP) Attainment Plans
were submitted by the Governor on August 14, 1981. A revision specifying
a list of statewide source test procedures was submitted by the Governor
on September 21, 1981.
    (i) Incorporation by reference.
    (A) Letter from Governor Ted Schwinden to EPA Region VIII Regional
Administrator dated September 21, 1981, and document entitled ``Montana
SDHED-AQB Sampling and Analytical Procedures'' as part of the SIP,
adopted December 31, 1972.
    (B) Missoula City Council Resolution Number 4146 approving
amendments to Missoula Total Suspended Particulate and Carbon Monoxide
Air Quality Attainment Plans, adopted on May 4, 1981.
    (C) Missoula Board of County Commissioners Resolution number 81-73
approving changes in the Missoula TSP and CO State Implementation Plan,
adopted on May 13, 1981.
    (ii) Additional material.
    (A) ``Missoula SIP Revisions; Revision to Total Suspended
Particulates Stategies and Strategy Development and Implementation for
Carbon Monoxide,'' 1981.
    (B) Certification of approval by Montana Board of Health and
Environmental Sciences on May 28, 1981 of the ``Transportation Control
Plan'' (July, 1980) prepared by Billings-Yellowstone City-County
Planning Board.
    (C) Billings-Yellowstone City-County Planning Board ``Transportation
Control Plan'', July, 1980, approved on May 28, 1981.
    (15) On September 29, 1983, the Governor submitted the Montana State
Implementation Plan revision for lead.
    (16) A revision to the East Helena nonattainment plan for sulfur
dioxide (SO<INF>2</INF>) 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.
[[Page 183]]
    (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.
    (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 (NO<INF>2</INF>) 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.
[[Page 184]]
    (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, 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.
    (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.
[[Page 185]]
    (29) The Governor of Montana submitted a portion of the requirements
for the moderate nonattainment area PM<INF>10</INF> 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 PM<INF>10</INF> nonattainment area SIP
requirements due for Butte on November 15, 1991.
    (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.
    (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 PM<INF>10</INF> 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
PM<INF>10</INF> 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.
[[Page 186]]
    (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 PM<INF>10</INF> 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 PM<INF>10</INF>
nonattainment area SIP requirements due for Columbia Falls on November
15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed November 15, 1991, between the Montana
Department of Health and Environmental Sciences, the Flathead County
Commission, and the Kalispell City Council and the Columbia Falls City
Council, which delineates responsibilities and authorities between the
MDHES and Flathead County.
    (B) Board order issued on November 15, 1991, by the Montana Board of
Health and Environmental Sciences approving the Flathead County Air
Pollution Control Program.
    (C) Flathead County Board of Commissioners Resolution No. 867,
adopting the Flathead County Air Pollution Control Program and Flathead
County Air Pollution Control Regulations, with the exception of rules
501 through 506, signed October 3, 1991.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air
Quality Permit  2667-M, with a final modification date of January 24,
1992, for Plum Creek Manufacturing, Inc. Columbia Falls Operations.
    (B) Montana Smoke Management Plan, effective April 28, 1988, which
addresses prescribed burning requirements.
    (C) Federal tailpipe standards, which provide an ongoing benefit due
to fleet turnover.
    (32) On November 6, 1992, Stan Stephens, the Governor of Montana,
submitted a SIP revision to the Implementation Plan for the Control of
Air Pollution. This revision establishes and requires the implementation
of an oxygenated fuels program in Missoula County as required by section
211(m) of the Clean Air Act Amendments of 1990.
    (i) Incorporation by reference.
    (A) Missoula City-County Rule 1429, which establishes and requires
the implementation of an oxygenated fuel program, as adopted June 9,
1992.
    (ii) Additional materials.
    (A) Letter dated November 6, 1992, from Governor Stan Stephens
submitting the oxygenated gasoline program SIP revision.
    (B) Stipulation signed June 12, 1991 between the Montana Department
of Health and Environmental Sciences and the Missoula City-County Air
Pollution Control Board, which delineates the responsibilities and
authorities between the two entities.
    (C) Board order issued September 25, 1992 by the Montana Board of
Health and Environmental Sciences approving amendments to Missoula City-
County
[[Page 187]]
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 PM<INF>10</INF> 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 PM<INF>10</INF> 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.
    (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 PM<INF>10</INF> 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 PM<INF>10</INF> moderate nonattainment area SIP.
    (i) Incorporation by reference.
[[Page 188]]
    (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 PM<INF>10</INF> 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 PM<INF>10</INF> and CO
contingency measure selection process.
    (C) Missoula  City-County  Rule 1401(7), effective November 19,
1993, which addresses PM<INF>10</INF> 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 PM<INF>10</INF> 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 PM<INF>10</INF> contingency
measures for Butte, Montana in a letter dated August 26, 1994. This
submittal also contained revisions to the attainment and maintenance
demonstrations for the moderate PM<INF>10</INF> 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 PM<INF>10</INF>
contingency measure.
    (B) Butte/Silver Bow Ordinance No. 468, effective May 20, 1994,
which addresses PM<INF>10</INF> 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 SIP revision meeting the
requirements for the primary SO<INF>2</INF> NAAQS State Implementation
Plan (SIP) for the East Helena, Montana nonattainment area with a letter
dated March 30, 1994. The submittal was to satisfy those SO<INF>2</INF>
nonattainment area SIP requirements due for East Helena on May 15, 1992.
    (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 SO<INF>2</INF> 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 SO<INF>2</INF> 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
[[Page 189]]
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 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 PM<INF>10</INF> 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
PM<INF>10</INF> contingency measures and minor revisions to the
attainment and maintenance demonstrations for the moderate
PM<INF>10</INF> 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,
[[Page 190]]
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 PM<INF>10</INF>
moderate nonattainment area SIP.
    (i) Incorporation by reference.
    (A) Board order issued on September 16, 1994 by the Montana Board of
Health and Environmental Sciences approving the amendments to Missoula
City-County Air Pollution Control Program Chapters IX and XVI regarding,
among other things, emergency procedures, paving of private roads,
driveways, and parking lots, National standards of performance for new
stationary sources, National Emission Standards for Hazardous Air
Pollutants, and solid fuel burning devices.
    (B) Missoula City-County Rule 401, Missoula County Air Stagnation
Plan, effective September 16, 1994.
    (C) Missoula City-County Rule 1401, Prevent Particulate Matter from
Being Airborne, effective September 16, 1994.
    (D) Missoula City-County Rule 1423, Standard of Performance for New
Stationary Sources, effective September 16, 1994.
    (E) Missoula City-County Rule 1424, Emission Standards for Hazardous
Air Pollutants, effective September 16, 1994.
    (F) Missoula City-County Rule 1428, Solid Fuel Burning Devices,
effective September 16, 1994.
    (G) Missoula City-County Air Pollution Control Program Chapter XVI,
Amendments and Revisions, effective September 16, 1994.
    (42) On May 22, 1995, the Governor of Montana submitted revisions to
the prevention of significant deterioration regulations in the
Administrative Rules of Montana to incorporate changes in the Federal
PSD permitting regulations for PM-10 increments.
    (i) Incorporation by reference
    (A) Revisions to the Administrative Rules of Montana (ARM), rules
16.8.945(3)(c), 16.8.945(21)(d), 16.8.945(24)(d), 16.8.947(1),
16.8.953(7)(a), and 16.8.960(4), effective 10/28/94.
    (43) On May 22, 1995, the Governor of Montana submitted revisions to
the plan, which included revisions to the State's open burning
regulation and other minor administrative revisions.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of Montana (ARM),
16.8.1301-1310, effective September 9, 1994; and
    (B) Revisions to the ARM, 16.8.708, 16.8.946, 16.8.1120, 16.8.1429,
16.8.1702, 16.8.1802, and 16.8.2003, effective October 28, 1994.
    (44) The Governor of Montana submitted PM<INF>10</INF> 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 PM<INF>10</INF>
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
[[Page 191]]
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)-(47) [Reserved]
    (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.
[37 FR 10877, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1370, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.1371  Classification of regions.
    The Montana Emergency Episode Plan was revised with a July 8, 1997
submittal by the Governor. The July 8, 1997 Emergency Episode Plan
classifies the Air Quality Control Regions (AQCR) as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Pollutant
                                                                    ------------------------------------------------------------------------------------
                 Air quality control regions (AQCR)                    Particulate                         Nitrogen          Carbon
                                                                          matter        Sulfur oxide       dioxide          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               II              III              III              III
Miles City Intrastate AQCR 143.....................................             III              III              III              III              III
Missoula Intrastate AQCR 144.......................................              II              III              III              III              III
--------------------------------------------------------------------------------------------------------------------------------------------------------
[64 FR 68038, Dec. 6, 1999]
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.
    On July 8, 1997, the Governor of Montana submitted revisions to the
SIP narrative for the Missoula carbon monoxide control plan.
[64 FR 68038, Dec. 6, 1999]
Sec. 52.1374  Control strategy: Particulate matter.
    On July 8, 1997, the Governor of Montana submitted minor revisions
to the Columbia Falls, Butte and Missoula PM-10 SIPS.
[64 FR 68038, Dec. 6, 1999]
Sec. 52.1375  [Reserved]
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
[[Page 192]]
attain and maintain the sulfur dioxide secondary NAAQS. Therefore, the
SIP for the area was due November 15, 1993. The SIP was not submitted by
that date.
[61 FR 16062, Apr. 11, 1996]
Sec. 52.1377  [Reserved]
Sec. 52.1378  General requirements.
    (a) The requirements of Sec. 51.116(c) of this chapter are not met
since the legal authority to provide for public availability of emission
data is inadequate.
    (b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
    (2) Commencing after the initial nonecessary by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55331, Nov. 28, 1975;
51 FR 40676, Nov. 7, 1986]
Sec. 52.1379  Legal authority.
    (a) The requirements of Sec. 51.230(f) of this chapter are not met,
since section 69-3918 of the Montana Clean Air Act could, in some
circumstances prohibit the disclosure of emission data to the public.
Therefore, section 69-3918 is disapproved.
[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]
Secs. 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 of significant deterioration of air
quality. The provisions of Sec. 52.21 (b) through (w) are hereby
incorporated by reference 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.
[[Page 193]]
    (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]
Sec. 52.1384  Emission control regulations.
    (a)-(b)  [Reserved]
    (c) The provisions in 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 of Montana on May 17, 1994 and which
allow 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.
[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]
Secs. 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) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated into the applicable plan for the State of Montana.
[52 FR 45138, Nov. 24, 1987]
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.
    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.
[62 FR 65616, Dec. 15, 1997]
                          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), (d), and (e) of this section
with an EPA approval date prior to July 1, 1998, was
[[Page 194]]
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 July 1, 1998, will be incorporated by reference in
the next update to the SIP compilation.
    (2) EPA Region VII certifies that the rules/regulations provided by
the EPA in the SIP compilation at the addresses in paragraph (b)(3) are
an exact duplicate of the officially promulgated state rules/regulations
which have been approved as part of the SIP as of July 1, 1998.
    (3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region VII, Air
Planning and Development Branch, 726 Minnesota Avenue, Kansas City,
Kansas 66101; the Office of Federal Register, 800 North Capitol Street,
N.W., Suite 700, Washington, D.C.; or at the EPA Air and Radiation
Docket and Information Center, Air Docket (6102), 401 M Street, SW.,
Washington, DC 20460.
    (c) EPA-approved regulations.
                                                           EPA--Approved Nebraska Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     State
           Nebraska Citation                      Title            effective               EPA approval date                         Comments
                                                                      date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    STATE OF NEBRASKA
                                                           DEPARTMENT OF ENVIRONMENTAL QUALITY
--------------------------------------------------------------------------------------------------------------------------------------------------------
129-1..................................              Definitions       9/7/97  1/20/00, 65 FR 3134......................
129-2..................................      Definition of Major       9/7/97  1/20/00, 65 FR 3134......................
                                                          Source
129-3..................................    Region and Subregions      6/26/94  1/04/95, 60 FR 372.......................
129-4..................................      Ambient Air Quality      6/26/94  1/04/95, 60 FR 372.......................
                                                       Standards
129-5..................................         Operating Permit       9/7/97  1/20/00, 65 FR 3134......................  Section 001.02 is not SIP
                                                                                                                           approved.
129-6..................................      Emissions Reporting       9/7/97  1/20/00, 65 FR 3134......................
129-7..................................      Operating Permits--       9/7/97  1/20/00, 65 FR 3134......................
                                                     Application
129-8..................................         Operating Permit       9/7/97  1/20/00, 65 FR 3134......................
                                                         Content
129-9..................................        General Operating      5/29/95  10/18/95, 60 FR 53872....................
                                         Permits for Class I and
                                                      II Sources
129-10.................................    Operating Permits for       9/7/97  1/20/00, 65 FR 3134......................
                                               Temporary Sources
129-11.................................      Operating Permits--      5/29/95  10/18/95, 60 FR 53872....................
                                              Emergency; Defense
129-12.................................         Operating Permit      5/29/95  2/09/96, 61 FR 4899......................
                                          Renewal and Expiration
129-13.................................        Class I Operating      5/29/95  10/18/95, 60 FR 53872....................
                                             Permit--EPA Review;
                                         Affected States Review;
                                                 Class II Permit
129-14.................................          Permits--Public      5/29/95  10/18/95, 60 FR 53872....................
                                                   Participation
129-15.................................         Operating Permit      5/29/95  10/18/95, 60 FR 53872....................
                                         Modification; Reopening
                                                       for Cause
129-16.................................      Stack Heights; Good      6/26/94  1/04/95, 60 FR 372.......................
                                            Engineering Practice
                                                           (GEP)
129-17.................................   Construction Permits--       9/7/97  1/20/00, 65 FR 3134......................
                                                   When Required
129-19.................................            Prevention of      5/29/95  2/09/96, 61 FR 4899......................
                                                     Significant
                                            Deterioration of Air
                                                         Quality
129-20.................................   Particulate Emissions;      6/26/94  1/04/95, 60 FR 372.......................
                                                 Limitations and
                                           Standards (Exceptions
                                            Due to Breakdowns of
                                          Scheduled Maintenance:
                                                 See Chapter 34)
[[Page 195]]
129-21.................................             Controls for      6/26/94  1/05/95, 60 FR 372.......................
                                                   Transferring,
                                          Conveying, Railcar and
                                           Truck Loading at Rock
                                           Processing Operations
                                                  in Cass County
129-22.................................   Incinerators; Emission       9/7/97  1/20/00, 65 FR 3134......................
                                                       Standards
129-24.................................          Sulfur Compound      6/26/94  1/04/95, 60 FR 372.......................
                                             Emissions, Existing
                                                Sources Emission
                                                       Standards
129-25.................................          Nitrogen Oxides       9/7/97  1/20/00, 65 FR 3134......................
                                         (Calculated as Nitrogen
                                             Dioxide); Emissions
                                          Standards for Existing
                                              Stationary Sources
129-30.................................  Open Fires, Prohibited;      6/26/94  1/04/95, 60 FR 372.......................
                                                      Exceptions
129-32.................................    Dust; Duty to Prevent      6/26/94  1/04/95, 60 FR 372.......................
                                                       Escape of
129-33.................................         Compliance; Time      6/26/94  1/04/95, 60 FR 372.......................
                                                    Schedule for
129-34.................................        Emission Sources;       9/7/97  1/20/00, 65 FR 3134......................
                                             Testing; Monitoring
129-35.................................   Compliance; Exceptions       9/7/97  1/20/00, 65 FR 3134......................
                                                 Due to Startup,
                                                    Shutdown, or
                                                     Malfunction
129-36.................................     Control Regulations;      6/26/94  1/04/95, 60 FR 372.......................
                                             Circumvention, When
                                                        Excepted
129-37.................................              Compliance;      6/26/94  1/04/95, 60 FR 372.......................
                                                  Responsibility
129-38.................................      Emergency Episodes;      6/26/94  1/04/95, 60 FR 372.......................
                                         Occurrence and Control,
                                               Contingency Plans
129-39.................................   Visible Emissions from      6/26/94  1/04/95, 60 FR 372.......................
                                            Diesel-powered Motor
                                                        Vehicles
129-40.................................       General Conformity      5/29/95  2/12/96, 61 FR 5297......................
129-41.................................        General Provision       9/7/97  1/20/00, 65 FR 3134......................
129-42.................................        Consolidated with      5/29/95  2/09/96, 61 FR 4899......................
                                                      Chapter 41
129-43.................................        Consolidated with      5/29/95  2/09/96, 61 FR 4899......................
                                                      Chapter 41
129-44.................................        Consolidated with      5/29/95  2/09/96, 61 FR 4899......................
                                                      Chapter 41
Appendix I.............................       Emergency Emission      6/26/94  1/04/94, 60 FR 372.......................
                                                      Reductions
Appendix II............................            Hazardous Air       9/7/97  1/20/00, 65 FR 3134......................
                                               Pollutants (HAPS)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       TITLE 115--RULES OF PRACTICE AND PROCEDURE
--------------------------------------------------------------------------------------------------------------------------------------------------------
115-1..................................     Definitions of Terms      8/08/93  1/04/95, 60 FR 372.......................
115-2..................................               Filing and      8/08/93  1/04/95, 60 FR 372.......................
                                                  Correspondence
115-3..................................           Public Records      8/08/93  1/04/95, 60 FR 372.......................
                                                    Availability
115-4..................................           Public Records      8/08/93  1/04/95, 60 FR 372.......................
                                                 Confidentiality
115-5..................................          Public Hearings      8/08/93  1/04/95, 60 FR 372.......................
115-6..................................     Voluntary Compliance      8/08/93  1/04/95, 60 FR 372.......................
115-7..................................          Contested Cases      8/08/93  1/04/95, 60 FR 372.......................
115-8..................................     Emergency Proceeding      8/08/93  1/04/95, 60 FR 372.......................
                                                        Hearings
115-9..................................      Declaratory Rulings      8/08/93  1/04/95, 60 FR 372.......................
115-10.................................               Rulemaking      8/08/93  1/04/95, 60 FR 372.......................
115-11.................................                Variances      8/08/93  1/04/95, 60 FR 372.......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 196]]
                                                 Lincoln-Lancaster County Air Pollution Control Program
                                                        Article 1--Administration and Enforcement
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1..............................                   Intent      5/16/95  2/14/96, 61 FR 5701......................
Section 2..............................   Unlawful Acts--Permits      5/16/95  2/14/96, 61 FR 5701......................
                                                        Required
Section 3..............................  Violations--Hearing--Or      5/16/95  2/14/96, 61 FR 5701......................
                                                            ders
Section 4..............................         Appeal Procedure      5/16/95  2/14/96, 61 FR 5701......................
Section 5..............................                 Variance      5/16/95  2/14/96, 61 FR 5701......................
Section 7..............................   Compliance--Actions to      5/16/95  2/14/96, 61 FR 5701......................
                                          Enforce--Penalties for
                                                  Non-Compliance
Section 8..............................  Procedure for Abatement      5/16/95  2/14/96, 61 FR 5701......................
Section 9..............................             Severability      5/16/95  2/14/96, 61 FR 5701......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Article 2--Regulations and Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1..............................              Definitions      8/11/98  1/20/00, 65 FR 3134......................
Section 2..............................   Major Sources--Defined      8/11/98  1/20/00, 65 FR 3134......................
Section 4..............................      Ambient Air Quality      5/16/95  2/14/96, 61 FR 5701......................
                                                       Standards
Section 5..............................  Operating Permits--When      8/11/98  1/20/00, 65 FR 3134......................
                                                        Required
Section 6..............................    Emissions Reporting--      8/11/98  1/20/00, 65 FR 3134......................
                                                   When Required
Section 7..............................      Operating Permits--      8/11/98  1/20/00, 65 FR 3135......................
                                                     Application
Section 8..............................       Operating Permit--      8/11/98  1/20/00, 65 FR 3135......................
                                                         Content
Section 9..............................        General Operating      5/19/95  2/14/96, 61 FR 5701......................
                                         Permits for Class I and
                                                      II Sources
Section 10.............................    Operating Permits for      5/16/95  2/14/96, 61 FR 5701......................
                                              Temporary Services
Section 11.............................      Emergency Operating      5/16/95  2/14/96, 61 FR 5701......................
                                                Permits--Defense
Section 12.............................         Operating Permit      5/16/95  2/14/96, 61 FR 5701......................
                                          Renewal and Expiration
Section 14.............................          Permits--Public      5/16/95  2/14/96, 61 FR 5701......................
                                                   Participation
Section 15.............................         Operating Permit      8/11/98  1/20/00, 65 FR 3135......................
                                         Modifications--Reopenin
                                                     g for Cause
Section 16.............................     Stack--Heights--Good      5/16/95  2/14/96, 61 FR 5701......................
                                            Engineering Practice
                                                           (GEP)
Section 17.............................   Construction Permits--      8/11/98  1/20/00, 65 FR 3135......................
                                                   When Required
Section 19.............................            Prevention of      5/16/95  2/14/96, 61 FR 5701......................
                                                     Significant
                                            Deterioration of Air
                                                         Quality
Section 20.............................  Particulate Emissions--      3/31/97  1/20/00, 65 FR 3135......................
                                                 Limitations and
                                                       Standards
Section 22.............................    Incinerator Emissions      5/16/95  2/14/96, 61 FR 5701......................
Section 24.............................          Sulfur Compound      5/16/95  2/14/96, 61 FR 5701......................
                                             Emissions--Existing
                                               Sources--Emission
                                                       Standards
Section 25.............................          Nitrogen Oxides      5/16/95  2/14/96, 61 FR 5701......................
                                         (Calculated as Nitrogen
                                             Dioxide)--Emissions
                                          Standards for Existing
                                              Stationary Sources
Section 32.............................    Dust--Duty to Prevent      3/31/97  1/20/00, 65 FR 3135......................
                                                       Escape of
Section 33.............................         Compliance--Time      5/16/95  2/14/96, 61 FR 5701......................
                                                    Schedule for
[[Page 197]]
Section 34.............................       Emission Sources--      5/16/95  2/14/96, 61 FR 5701......................
                                             Testing--Monitoring
Section 35.............................   Compliance--Exceptions      5/16/95  2/14/96, 61 FR 5701......................
                                         Due to Startup Shutdown
                                                  or Malfunction
Section 36.............................    Control Regulations--      5/16/95  2/14/96, 61 FR 5701......................
                                             Circumvention--When
                                                        Expected
Section 37.............................  Compliance--Responsibil      5/16/95  2/14/96, 61 FR 5701......................
                                           ity of Owner/Operator
                                               Pending Review by
                                                        Director
Section 38.............................     Emergency Episodes--      5/16/95  2/14/96, 61 FR 5701......................
                                         Occurrence and Control--
                                               Contingency Plans
Appendix I.............................       Emergency Emission      5/16/95  2/14/96, 61 FR 5701......................
                                           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 3135......................
                                                Regulations with
                                                      Exceptions
41-4...................................   Enforcement--Generally      5/29/95  2/14/96, 61 FR 5701......................
41-5...................................   Same Health Department      5/29/95  2/14/96, 61 FR 5701......................
41-6...................................   Residential Exemptions      5/29/95  2/14/96, 61 FR 5701......................
41-9...................................                Penalties      5/29/95  2/14/96, 61 FR 5701......................
41-10..................................        Civil Enforcement      5/29/95  2/14/96, 61 FR 5701......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Article II--Permitting of Air Contaminant Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
41-23..................................          Prerequisite to      5/29/95  2/14/96, 61 FR 5701......................
                                                        Approval
41-27..................................      Signature Required;      5/29/95  2/14/96, 61 FR 5701......................
                                                       Guarantee
41-38..................................                    Funds      5/29/95  2/14/96, 61 FR 5701......................
41-40..................................    Fees--When Delinquent      5/29/95  2/14/96, 61 FR 5701......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Article IV--Waste Incinerators Division 1. Generally
--------------------------------------------------------------------------------------------------------------------------------------------------------
41-60..................................              Definitions      5/29/95  2/14/96, 61 FR 5701......................
41-61..................................               Violations      5/26/70  5/31/72, 37 FR 10842.....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Article IV--Waste Incinerators Division 2. Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
41-70..................................          New or Modified      5/29/95  2/14/96, 61 FR 5701......................
                                                      Facilities
41-71..................................      Existing Facilities      5/29/95  2/14/96, 61 FR 5701......................
41-72..................................         Emission Testing      5/29/95  2/14/96, 61 FR 5701......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Article IV--Waste Incinerators Division 3. Design
--------------------------------------------------------------------------------------------------------------------------------------------------------
41-80..................................    New or Modified Waste      5/29/95  2/14/96, 61 FR 5701......................
                                                    Incinerators
41-81..................................    Existing Incinerators      5/29/95  2/14/96, 61 FR 5701......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      EPA-Approved Nebraska Source-Specific Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       State
              Name of source                Permit   effective               EPA approval date                                 Comments
                                             No.       date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gould, Inc...............................      677     11/9/83  1/31/85, 50 FR 4510........................
[[Page 198]]
Asarco, Inc..............................     1520      6/6/96  3/20/97, 62 FR 13329.......................  The EPA did not approve paragraph 19.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date         Comments
            provision               nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
Air Quality Implementation Plan..  Statewide..........         1/28/72  5/31/72, 37 FR
                                                                         10842.
Confirmation That the State Does   Statewide..........         4/25/72  5/31/72, 37 FR
 Not Have Air Quality Control                                            10842.
 Standards Based on Attorney
 General's Disapproval.
Request for Two-Year Extension to  Omaha..............         1/24/72  7/27/72, 37 FR
 Meet the Primary NO<INF>X</INF> Standard.                                          15080.
Clarification of Section 11 of     Statewide..........         2/16/72  7/27/72, 37 FR
 the State's Plan.                                                       15080.
Letters Clarifying the             Omaha..............         10/2/72  5/14/73, 38 FR
 Application of the States                                               12696.
 Emergency Episode Rule.
Analysis of Ambient Air Quality    Omaha, Lincoln,              5/9/74  6/2/75, 40 FR 23746
 in Standard Metropolitan           Sioux City.
 Statistical Areas and
 Recommendations for Air Quality
 Maintenance Areas.
Amended State Law (LB1029) Giving  Statewide..........         2/10/76  6/23/76, 41 FR
 the Department of Environmental                                         25898.
 Quality Authority to Require
 Monitoring of Emissions,
 Reporting of Emissions and
 Release of Emissions Data.
Air Monitoring Plan..............  Statewide..........         6/19/81  10/6/81, 46 FR
                                                                         49122.
TSP Nonattainment Plan...........  Douglas and Cass            9/25/80  3/28/83, 48 FR
                                    Counties.                   8/9/82   12715.
Plan for Intergovernmental         Statewide..........          8/9/82  7/5/83, 48 FR 30631
 Consultation and Coordination
 and for Public Notification.
Lead Plan........................  Statewide except             1/9/81  11/29/83, 48 FR      The plan was
                                    Omaha.                      8/5/81   53697.               approved except
                                                               1/11/83                        that portion
                                                                                              pertaining to
                                                                                              Omaha.
Lead Nonattainment Plan..........  Omaha..............         7/24/84  1/31/85, 50 FR 4510
                                                              11/17/83
                                                                8/1/84
CO Nonattainment Plan............  Omaha..............          4/3/85  9/15/86, 51 FR
                                                                         32640.
CO Nonattainment Plan............  Lincoln............          4/3/85  9/19/86, 51 FR
                                                                         33264.
Revised Lead Nonattainment Plan..  Omaha..............          2/2/87  8/3/87, 52 FR 28694
Letter Pertaining to NO<INF>X</INF> Rules     Statewide..........          3/8/91  7/2/91, 56 FR 30335  State submittal
 and Analysis Which Certifies the                                                             date is date of
 Material Became Effective on                                                                 the letter.
 February 20, 1991.
Small Business Assistance Program  Statewide..........        11/12/92  8/30/93, 58 FR
                                                                         45452.
Class II Operating Permit Program  Statewide..........         2/16/94  1/4/95, 60 FR 372..
 Including Letter 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.
Letter from City of Omaha          Omaha, Lincoln.....         9/13/95  2/14/96, 61 FR 5725  State submittal
 Regarding Authority to Implement                              11/9/95                        dates are dates of
 Section 112(l) and Letter from                                                               letters.
 the State Regarding Rule
 Omissions and PSD Program
 Implementation.
[[Page 199]]
Lincoln Municipal Code, Chapter    City of Lincoln....          2/5/99  1/20/00, 65 FR 3135
 8.06.140 and 8.06.145.
Lancaster Co. Resolution 5069,     Lancaster County...          2/5/99  1/20/00, 65 FR 3135
 Sections 12 and 13.
----------------------------------------------------------------------------------------------------------------
[64 FR 7103, Feb. 12, 1999, as amended at 65 FR 3133, Jan. 20, 2000]
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<INF>10</INF> State implementation plan development in
          group II areas.
    The state of Nebraska committed to conform to the PM<INF>10</INF>
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 PM<INF>10</INF> 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
PM<INF>10</INF> SIP development, the State of Nebraska commits to
perform the following PM<INF>10</INF> monitoring and SIP development
activities for these Group II areas:
    (1) Gather ambient PM<INF>10</INF> data, at least to the extent
consistent with minimum EPA requirements and guidance.
    (2) Analyze and verify the ambient PM<INF>10</INF> data and report
24-hour exceedances of the National Ambient Air Quality Standard for
PM<INF>10</INF> 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
PM<INF>10</INF> SIP Development Guideline, or when an exceedance of the
annual PM<INF>10</INF> 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
[[Page 200]]
section, or within 37 months of promulgation of the PM<INF>10</INF>
standards, whichever comes first, determine whether measures in the
existing SIP will assure timely attainment and maintenance of the
PM<INF>10</INF> standards and immediately notify the Regional Office.
    (5) Within 6 months of the notification referred to in paragraph
(a)(4) of this section, adopt and submit to EPA a PM<INF>10</INF>
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 PM<INF>10</INF>
standards, the inventory will be completed as part of the PM<INF>10</INF>
SIP for that area on a schedule consistent with that outlined in
paragraphs 3, 4, and 5. If the PM<INF>10</INF> 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
PM<INF>10</INF> 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
[[Page 201]]
standards based on the enclosed disapproval of the State Attorney
General was submitted on April 25, 1972 by the Nebraska Department of
Environmental Control. (Non-regulatory)
    (4) Revision of Rules 3 through 18 and Rule 21 and 22 submitted on
June 9, 1972, by the Governor.
    (5) Amendments to the Omaha Air Pollution Control Ordinance 26350
submitted on June 29, 1972, by the Governor.
    (6) Letters submitted September 26 and 27, 1972, from the State
Department of Environmental Control revising Rule 3 and Rule 5 of the
State Rules and Regulations.
    (7) Letters clarifying the application of the State emergency
episode, rule 22(a), submitted October 2, 1972, by the State Department
of Environmental Control. (Non-regulatory).
    (8) Revision of the State air regulations to expand emission
limitations to apply State-wide, change procedures for preconstruction
review of new sources, change procedures for disapproving construction
permits for new or modified sources and add new sulfur oxide emission
standards was submitted on February 27, 1974, by the Nebraska Department
of Environmental Control.
    (9) Copy of the State's analysis of ambient air quality in Standard
Metropolitan Statistical Areas in the State and recommendations for
designation of Air Quality Maintenance Areas submitted by the Department
of Environmental Control on May 9, 1974. (Non-regulatory)
    (10) Compliance schedules were submitted by the Department of
Environmental Control on September 13, 1974.
    (11) Compliance schedules were submitted by the Department of
Environmental Control on February 21, 1975.
    (12) Compliance schedules were submitted by the Department of
Environmental Control on May 23, 1975.
    (13) Revision of regulations to include the second group of New
Source Performance Standards and provide for granting of post-attainment
variances and releasing of emission data was submitted on August 5,
1975, by the Governor.
    (14) Compliance schedules were submitted by the Governor on August
27, 1975.
    (15) Compliance schedules were submitted by the Governor on January
1, 1976.
    (16) Compliance schedules were submitted by the Department of
Environmental Control on January 15, 1976.
    (17) Amended State law (LB1029) giving the Department of
Environmental Control authority to require monitoring of emissions,
require reporting of emissions and release emission data was submitted
by the Governor on February 10, 1976.
    (18) Compliance schedules were submitted by the Governor on April
23, 1976.
    (19) Compliance schedules were submitted by the Governor on October
27, 1976.
    (20) Revised Rule 17, requiring continuous opacity monitoring by
power plants, was submitted on November 2, 1976, by the Governor.
    (21) A plan revision to meet the requirements of 40 CFR 58.20,
dealing with statewide air quality monitoring and data reporting, was
submitted by the Governor on June 19, 1981.
    (22) Revised Rule 13, granting an increase in the visible emission
limitations for existing teepee waste wood burners and alfalfa
dehydrators, was submitted by the Governor on December 29, 1977.
    (23) Revision to the SIP concerning the adoption of the Lancaster
County Air Pollution Control Resolution was submitted by the Governor on
April 4, 1977.
    (24) Revision to the SIP concerning the adoption of the revised
local air pollution control ordinances for the cities of Omaha and
Lincoln was submitted by the Governor on December 27, 1977.
    (25) State plan revisions and corrections thereto to attain the
National Ambient Air Quality Standards for total suspended particulate
in Douglas and Cass Counties, designated as nonattainment under section
107 of the Clean Air Act Amendments of 1977, were submitted by the
Governor on September 25, 1980, and on August 9, 1982. Included in the
plan are revised Rule 6, and new Rule 5A.
[[Page 202]]
    (26) New Rule 18, ``Compliance; Exceptions Due to Startup, Shutdown,
or Malfunction,'' was submitted by the Governor on August 9, 1982.
    (27) A plan revision to provide for Intergovernmental Consultation
and Coordination and for Public Notification was submitted to EPA by the
Governor of Nebraska on August 9, 1982.
    (28) A plan revision for attaining and maintaining the National
Ambient Air Quality Standard for Lead in the State of Nebraska was
submitted to EPA on January 9, 1981, by the Governor. Additional
material was submitted by the State on August 5, 1981 and January 11,
1983. All portions of the submittals are approved except the control
strategy for Omaha and the request for a two year extension to attain
the lead standard in Omaha.
    (29) Revisions to Rule 1, ``Definitions,'' and to Rule 4, ``New and
Complex Sources; Standards of Performance, Application for Permit, When
Required;'' and a new regulation: Rule 4.01, ``Prevention of Significant
Deterioration of Air Quality,'' were submitted by the Governor on May
23, 1983; clarifying letter dated May 30, 1984.
    (30) On July 24, 1984, Nebraska submitted a lead SIP for Omaha.
Additional portions of the Omaha lead SIP were submitted by the State on
November 17, 1983, and August 1, 1984. EPA withheld action on the
enforceable control measures contained in the Omaha lead SIP, but
approved all other portions.
    (31) Revisions to Chapter 10 ``Incinerators; Emission Standards;''
Chapter 12 ``Sulfur Compound Emissions; Emission Standards;'' Chapter 14
``Open Fires, Prohibited; Exceptions;'' and Chapter 20 ``Emission
Sources; Testing: Monitoring'' were submitted by the Governor on October
6, 1983.
    (32) Revisions to Chapter 1, ``Definitions''; Chapter 4, ``Reporting
and Operating Permits for Existing Sources; When Required''; and Chapter
5, ``New, Modified, and Reconstructed Sources; Standards of Performance,
Application for Permit, When Required'', were submitted by the Governor
on October 6, 1983. These revisions deleted the review requirements for
complex sources of air pollution for the entire State. These review
requirements were adopted by the State on February 22, 1974 (submitted
on February 27, 1974) and were approved by EPA on September 9, 1975. See
paragraph (c)(8) above. Approval action was taken on the deletion of
these requirements except as they pertain to the Lincoln and Omaha CO
nonattainment areas.
    (33) A State Implementation Plan revision to provide for attainment
of the carbon monoxide standard in Omaha was submitted by Governor
Kerrey on April 3, 1985. Action was also taken to delete review
requirements for complex sources of air pollution in Omaha; see
paragraph (c)(32) of this section.
    (i) Incorporation by reference.
    (A) An RFP curve from page 27 of the Carbon Monoxide State
Implementation Plan for Omaha, Nebraska, dated January 18, 1985.
    (ii) Additional material.
    (A) Narrative submittal entitled ``Carbon Monoxide State
Implementation Plan for Omaha, Nebraska'', including an attainment
demonstration.
    (B) Emission Inventory for carbon monoxide sources.
    (34) A State Implementation Plan revision to provide for attainment
of the carbon monoxide standard in Lincoln was submitted by Governor
Kerrey on April 3, 1985. Action was also taken to delete review
requirements for complex sources of air pollution in Lincoln; see
paragraph (c)(32) of this section.
    (i) Incorporation by reference.
    (A) An RFP table from page 18 of the State Implementation Plan
Revision for Carbon Monoxide for Lincoln, Nebraska, adopted on March 1,
1985.
    (ii) Additional material.
    (A) Narrative submittal entitled, ``State Implementation Plan
Revision for Carbon Monoxide for Lincoln, Nebraska'', including an
attainment demonstration.
    (B) Emission Inventory for carbon monoxide sources.
    (35) On February 2, 1987, Nebraska submitted revisions to the lead
SIP for Omaha. The revisions contained a revised demonstration of
attainment of the lead standard in Omaha, a revised control strategy to
provide the lead emission reductions claimed in the
[[Page 203]]
demonstration of attainment, and Administrative Order No. 753 dated
August 22, 1985, as amended by Amended Administrative Order No. 753
dated May 9, 1986, and by Second Amended Administrative Order No. 753
dated November 12, 1986. All items in the revisions were approved.
    (i) Incorporation by reference.
    (A) Administrative Order 753 dated August 22, 1985, issued by the
Nebraska Department of Environmental Control to ASARCO Incorporated.
    (B) Amended Administrative Order 753 dated May 9, 1986, issued by
the Nebraska Department of Environmental Control to ASARCO Incorporated.
    (C) Second Amended Administrative Order 753 dated November 12, 1986,
issued by the Nebraska Department of Environmental Control to ASARCO
Incorporated.
    (ii) Additional material.
    (A) 1986 Revised Demonstration of Attainment and Control Measures
for the Nebraska State Implementation Plan for Lead--Omaha, submitted by
ASARCO Incorporated, October 3, 1986.
    (36) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025,
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice
(GEP)'', were submitted by the Governor on May 6, 1986.
    (i) Incorporation by reference.
    (A) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025,
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice
(GEP)'', effective May 5, 1986.
    (ii) Additional material.
    (A) None.
    (37) Revised Title 129 of Nebraska Air Pollution Control rules and
regulations pertaining to PM<INF>10</INF> 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 NO<INF>x</INF> 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
NO<INF>x</INF> 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
[[Page 204]]
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, SO<INF>2</INF> rule corrections, and the use of enhanced
monitoring.
    (i) Incorporation by reference.
    (A) Revised rules ``Title 129--Nebraska Air Quality Regulations,''
effective December 17, 1993. This revision approves all chapters except
for parts of Chapters 5, 7, 8, 9, 10, 11, 12, 13, 14, and 15 that
pertain to Class I permits; Chapter 17 as it relates to hazardous air
pollutants; and excludes Chapters 23, 25, 26, 27, 28, 29, and 31.
    (B) ``Title 115--Rules of Practice and Procedure,'' effective August
8, 1993, and submitted as an SIP revision on February 16, 1994.
    (ii) Additional material.
    (A) Letter from Nebraska to EPA Region VII dated February 16, 1994,
regarding a commitment to submit information to the RACT/BACT/LAER
Clearinghouse as required in section 173(d) of the Clean Air Act.
    (B) Letter from Nebraska to EPA Region VII dated June 10, 1994,
regarding the availability of state operating permits to EPA and
specified emissions limitations in permits.
    (C) Letter from Nebraska to EPA Region VII dated November 7, 1994,
regarding the increase in New Source Review (NSR) permitting thresholds.
    (42) A Plan revision was submitted by the Nebraska Department of
Environmental Quality on June 14, 1995, which incorporates by reference
EPA's regulations relating to determining conformity of general Federal
actions to State or Federal Implementation Plans.
    (i) Incorporation by reference.
    (A) A revision to title 129, adding chapter 40, entitled ``General
Conformity'' was adopted by the Environmental Quality Council on
December 2, 1994, and became effective on May 29, 1995.
    (43) On June 14, 1995, the Director of the Nebraska Department of
Environmental Quality submitted revisions to the State Implementation
Plan (SIP) to modify the Class II operating permit program.
    (i) Incorporation by reference.
    (A) Revised rules ``Title 129--Nebraska Air Quality Regulations,''
effective May 29, 1995. This revision applies to chapters 5, 7, 12, 17,
19, 25, 41 and deletes chapters 42, 43 and 44.
    (ii) Additional material.
    (A) None.
    (44) On May 31 and June 2, 1995, the Director of the Nebraska
Department of Environmental Quality (NDEQ) submitted revisions to the
SIP to update the local ordinances of the Lincoln-Lancaster County
Health Department and city of Omaha, respectively, and to create
Federally enforceable Class II operating permit programs for these
agencies.
    (i) Incorporation by reference.
    (A) 1993 Lincoln-Lancaster County Air Pollution Control Program,
Version March 1995, effective May 16, 1995. This includes the following
citations: Article I (except Section 6); Article II, Sections 1-12, 14-
17, 19-20, 22, 24-25, 32-38; and Appendix I.
    (B) Ordinance No. 33102 dated November 2, 1993, which adopts Chapter
41, Article I, Sections 41-4 through 41-6; 41-9; 41-10; Article II,
Sections 41-23; 41-27; 41-38; and 41-40 and Article IV of the Omaha
Municipal Code. Ordinance No. 33506 dated March 21, 1995, amends Chapter
41, Article I, Sections 41-2 and 41-9 of the Omaha Municipal Code and
adopts Title 129, Nebraska Air Quality Regulations, approved December 2,
1994.
    (ii) Additional material.
    (A) Letter from the city of Omaha dated September 13, 1995,
regarding adequate authority to implement section 112(l).
    (B) Letter from the NDEQ dated November 9, 1995, regarding rule
omissions and PSD.
    (45) A revision to the Nebraska SIP to reduce lead emissions in the
Omaha lead nonattainment area sufficient to bring that area back into
attainment with the lead National Ambient Air Quality Standard.
    (i) Incorporation by reference.
    (A) Amended Complaint and Compliance Order Case No. 1520, signed
June 6,
[[Page 205]]
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 and amended at 64 FR 7103, Feb.
12, 1999]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1420, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
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]
Secs. 52.1428-52.1435  [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 below.
    EPA is retaining Sec. 52.21 (b) through (w) 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]
                           Subpart DD--Nevada
Sec. 52.1470  Identification of plan.
    (a) Title of plan: ``Air Quality Implementation Plan for the State
of Nevada.''
    (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.
    (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.
    (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.
    (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.
    (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 Nevade 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:
[[Page 206]]
    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.
    (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.
    (13) Amendments to the NAQR and the control strategy submitted on
October 7, 1976, by the Governor.
    (i) Article 7--Particulate Matter: 7.2.7; Table 4.2--Emissions
Inventory Summary for Particulates.
    Table 5.2--Summary of Control Strategy Analysis for Particulates.
    (14) The following amendments to the plan were submitted on December
29, 1978, by the Governor.
    (i) Nevada State Emergency Episode Plan Sections: 6.1.4, 6.1.5,
6.5.2.2; Tables: 6.1, 6.2 (Stages 1, 2, and 3), 6.3; Air Pollution
Episode Notice; Episode Communication Checklist.
    (ii) Nevada Revised Statutes Policy Declarations; Definitions:
    445.401, 445.406, 445.411, 445.416, 445.421, 445.424, 445.427,
445.431, 445.441, 445.446; State Environmental Commission: 445.451,
445.456, 445.461, 445.466, 445.471, 445.472, 445.473, 445.474, 445.476;
Local Hearing Boards: 445.486; Enforcement Provisions: 445.491, 445.496,
445.497, 445.498, 445.499, 445.501; Variances: 445.506, 445.511,
445.516, 445.521; Hearings, Orders Respecting Violations: 445.529; Local
Air Pollution Control Programs: 445.546, 445.551, 445.556, 445.561,
445.566; Miscellaneous Provisions: 445.571, 445.581, 445.586, 445.596,
445.598; Penalties: 445.601; Deletions: Senate Bill 275, Sections 8.5,
17(1-4, 6, 7), 27, 38.
    (A) Previously approved on July 10, 1980 and now deleted without
replacement Statutes 445.506, 445.511, 445.516, and 445.521.
    (iii) Nonattainment area plans for Mason Valley/Fernley Area, Lander
County, Carson Desert, Winnemucca Segment, Truckee Meadows, and Las
Vegas Valley.
    (iv) Nevada Revised Statutes, Engine Emission Controls:
    445.610, 445.620, 445.625, 445.630, 445.640, 445.650, 445.660,
445.670, 445.680, 445.690, 445.700, 445.705, and 445.710.
    (v) Nevada Air Quality Regulations for Mobile Equipment:
    Article 1--Sections 1.1 to 1.38; Article 2--Sections 2.1 to 2.2;
Article 3--Sections 3.1 to 3.14.6; and Article 4--Sections 4.1 to 4.20.
    (vi) Nevada Revised Statute 445.493, Limitations on Enforcement of
Regulations as to Indirect Sources and Authority to Review New Indirect
Sources.
    (vii) Amendments to the Nevada Air Quality Regulations:
    Article 1, Rules 1.44, 1.53, 1.60, 1.98.1; Article 2, Rules 2.2.2,
2.11.7, 2.17.3.2 a/b, 2.17.4, 2.17.4.1, 2.17.9.8, 2.17.10, 2.17.10.1;
Article 3, Rules 3.1.1, 3.1.2, 3.1.3, 3.4.11; Article 4, Rule 4.3.[6]4;
Article 5, Rule 5.2.4; Article 6, Rule 6.3; Article 7 Rules 7.1.[3]2,
7.3.3; Article 8, Rules 8.2.1.1, 8.2.1.2, 8.2.2, and Article 12, Rule
12.1.
    (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.
    (15) Redesignation of the Clark-Mohave Interstate AQCR submitted on
March 23, 1979, by the Governor.
[[Page 207]]
    (16) The following amendments to the plan were submitted on July 24,
1979, by the Governor.
    (i) Amendments to the Nevada Air Quality Regulations:
    Article I--Definition: No. 2--LAER.
    (ii) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations:
    Section 15--Source Registration, 15.1, 15.2, 15.3, 15.4, 15.5, 15.6,
15.7, 15.8, 15.9, 15.10, 15.11, and 15.12; Section 50--Storage of
Petroleum Products; Section 51--Petroleum Product Loading into Tank
Trucks, and Trailers; and Section 52--Handling of Gasoline at Service
Stations, Airports and Storage Tanks.
    (iii) Amendments to the Washoe County District Board of Health Air
Pollution Control Regulations:
    Definitions, Sections 010.011, 010.014, 010.028, 010.057, 010.059,
010.071, 010.072, 010.091, 010.106, 010.107B, 010.108, 010.116, 010.117,
010.136, 010.148, 010.149, 010.151, 010.166, 010.197, and 010.1751;
Source Registration and Operation, Sections 030.000, 030.005, 030.010,
030.015, 030.025, 030.030, 030.110, 030.115 (1 and 5)B, 030.120,
030.1201, 030.205, 030.210, 030.215, 030.245, and 030.250; Section
040.070--Storage of Petroleum Products; Section 040.075--Gasoline
Loading into Tank Trucks and Trailers; Section 040.080--Gasoline
unloading from Tank Trucks and Trailers into Storage Tanks; Section
040.085--Organic Solvents; and Section 040.090--Cut-Back Asphalt.
    (iv) Paving schedules for the following Nonattainment Area Plans:
Mason Valley/Fernley Area, Carson Desert, Winnemucca Segment, and Lander
County.
    (v) Amendments to the Las Vegas Valley Nonattainment Area Plan: Two
memoranda of understanding between Clark County, the Health District,
and the Transportation Policy Committee.
    (vi) Nevada Revised Statutes, Engine Emission Control: 445.632,
445.634, 445.635, and 445.644.
    (vii) Lake Tahoe Basin Nonattainment Area Plan.
    (viii) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations:
    Section 2, Rules 2.1, 2.2, 2.3; Section 3, Rule 3.1; Section 4,
Rules 4.1--4.11; Section 5, Rule 5.1; Section 6, Rule 6.1; Section 7,
Rules 7.1--7.19; Section 8, Rules 8.1, 8.2, 8.7 (deletion); Section 9,
Rules 9.1--9.3; Section 10; Section 16, Rules 16.1,--16.5, 16.6
(Operating Permits), 16.6 (Emission of Visible Air Contaminants)
(deletion), 16.7--16.9; Section 17, Rules 17.1.--17.8; Section 18, Rules
18.1--18.12; Section 23, Rules 23.1--23.5; Section 24, Rules 24.1--24.5;
Section 25, Rules 25.1, 25.2, 25.4 (deletion); Section 26, Rules 26.1--
26.3; Section 27, Rules 27.1, 27.2, 27.3, 27.4; Section 28, Rules 28.1,
28.2; Section 29; Section 30, Rules 30.1--30.7; Section 31; Section 32,
Rules 32.1, 32.2; Section 40, Rule 40.1; Section 41, Rules 41.1--41.4;
Section 42, Rules 42.1--42.4; Section 43, Rule 43.1; Section 70, Rules
70.1--70.6; Sections 80, and 81.
    (A) Previously approved on August 27, 1981 and now deleted without
replacement Section 9, Rules 9.2 to 9.3.
    Editorial Note: At 47 FR 27071, June 23, 1982, the following
paragraph (c)(16)(viii) was added to Sec. 52.1470.
    (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.
    (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).
[[Page 208]]
    (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.
    (19) The following amendments to the plan were submitted on June 24,
1980, by the Governor.
    (i) Section 10--State of Nevada Ambient Air Quality Monitoring and
Surveillance.
    (ii) Amendment to the Nevada Air Quality Regulations: Article 4,
Rule 4.3.6.
    (iii) Clark County, Nevada Lead SIP.
    (20) The following amendment to the plan was submitted on August 19,
1980 by the Governor.
    (i) Request for Extension of the Carbon Monoxide Attainment Date for
the Truckee Meadows Nonattainment Area.
    (21) The following amendments to the plan were submitted on October
13, 1980, by the Governor.
    (i) Amendments to the Nevada Revised Statutes: 704.820 through
704.900 (Utility Environmental Protection Act).
    (ii) Rule 25, of General Order No. 3, Nevada Public Service
Commission.
    (22) The following amendments to the plan were submitted on November
5, 1980, by the Governor.
    (i) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations: Section 4, Rules 4.12, 4.12.1-4.12.3.
    (ii) Amendments to the Nevada Air Quality Regulations: Article 7,
Rules 7.2.5, 7.2.5.1, 7.2.9; and Article 8, Rule 8.3.4.
    (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.
    (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,
[[Page 209]]
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, 445.575, 445,754, 445,764, 445,844, and 445,845.
    (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)).
    (ii) The Truckee Meadows Air Quality Implementation Plan 1982 Update
except for the attainment and RFP demonstrations and Legally Enforceable
Measures portions of the plan.
    (iii) Amendments related to Nevada's inspection and maintenance (I/
M) program.
    (A) State legislation (AB 677) which defers the start-up of the
annual I/M program from July 1, 1983 to October 1, 1983.
    (B) An I/M public education plan.
    (C) Revisions to the Engine Emission Control Regulations (Nevada
Administrative Code 455.851 to 445.945).
    (27) The following amendments to the plan were submitted on December
9, 1982, by the State:
    (i) Emission reduction estimates and/or changes in vehicular
activity for the adopted control measures.
    (ii) A modeling analysis indicating 1982 attainment.
    (iii) Documentation of the modeling analysis including air quality,
traffic and meteorological data:
    (iv) Evidence of implementation and/or future commitments for the
adopted control measures.
    (v) Appendix of previous reports, measured data and other official
correspondence including:
    (A) Resource commitments from the responsible agencies for
implementing the RFP,
    (B) 1979 and 1980 Annual Reports for the Lake Tahoe Air Basin, and
    (C) 1981 Nevada Air Quality Report.
    (28) The following amendments to the plan were submitted on December
16, 1982 by the State:
    (i) Additional evidence of commitment to the control evidence by the
responsible state and/or local agencies,
    (ii) Additional supporting documentation for the 1982 attainment
modeling analysis which included revised technical data on measured and
modeled CO traffic volumes, and a revised narrative on the calibration
constant and the impacts to the model.
    (29) The following amendments to the plan were submitted on January
28, 1983 by the State:
    (i) Response to EPA's preliminary evaluation, specifying
documentation for calibrating the model, the mobile source emission
factors, and additional traffic data.
    (ii) Conversion factors for the model.
    (iii) A revised 1982 attainment modeling analysis and supporting
documentation including:
    (A) 1979, 1980-82 traffic data for the Stateline Area, (Appendix A);
    (B) Stateline Cold Start/Hot Start Analysis, (Appendix B);
    (C) Portions of the Highway 50 Corridor Study, June 1979 (Appendix
C);
    (D) Reference from Transportation and Traffic Engineering Handbook,
(1979), (Appendix D); and
    (E) Revised Caline 3 and Mobile 2 modeling analysis using both 27%
and 50% cold start factors, (Appendix E).
    (30) The following amendments to the plan were submitted on May 5,
1983 by the State:
    (i) ``Stateline, Nevada, 1983 Carbon Monoxide Study''--a traffic,
ambient air monitoring and predictive modeling report, and
    (ii) A revised analysis of the Caline 3 model verifying 1982
attainment, based on data collected in February and March 1983.
    (31) The following amendments to the plan were submitted on May 30,
1984, by the Governor.
    (i) Washoe County, Nevada Lead SIP Revision.
    (32) The Las Vegas Valley 1982 Air Quality Implementation Plan
(AQIP) Update for carbon monoxide submitted by the Governor on June 23,
1982.
    (33) On January 11, 1985, the following amendments to the plan were
submitted by the State.
    (i) Incorporation by reference.
[[Page 210]]
    (A) Las Vegas Valley Air Quality Implementation Plan, Post 1982
Update for Ozone adopted on October 16, 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) On January 17, 1997, regulations for the following Health
District were submitted by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Air Pollution Control District.
    (1) Section 58 revised on December 21, 1995.
    (37) On March 15, 1999, regulations for the following Health
District were submitted by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Air Pollution Control District.
    (1) Sections 0 and 12 revised on April 23, 1998.
    (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.
[37 FR 10878, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1470, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.1471  Classification of regions.
    The Nevada plan is evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Las Vegas Intrastate......................................           I         IA       III         I          I
Northwest Nevada Intrastate...............................           I        III       III       III        III
Nevada Intrastate.........................................          IA         IA       III       III        III
----------------------------------------------------------------------------------------------------------------
[45 FR 7545, Feb. 4, 1980]
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.
[[Page 211]]
    (1) Truckee Meadows for O<INF>3.
    </INF>(2) Las Vegas Valley for O<INF>3.
</INF>[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 27069, June 23,
1982]
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 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  Control strategy and regulations: Sulfur oxides.
    (a) The requirements of subpart G of this chapter are not met since
the plan does not adequately provide for attainment and maintenance of
the National Ambient Air Quality Standards for sulfur oxides in the
Nevada Intrastate Region.
    (b) Article 8.1.3 of Nevada's ``Air Quality Regulations'' (emission
limitation for sulfur from existing copper smelters), which is part of
the sulfur oxides control strategy, is disapproved since it does not
provide the degree of control needed to attain and maintain the National
Ambient Air Quality Standards for sulfur oxides in the Nevada Intrastate
Region.
[[Page 212]]
    (c) Regulation for control of fugitive sulfur oxides emissions
(Nevada Intrastate Region). (1) The owner or operator of the Kennecott
Copper Company smelter located in White Pine County, Nevada, in the
Nevada Intrastate Region shall utilize best engineering techniques for
reducing escape of pollutants to the atmosphere and to capture sulfur
oxides emissions and vent them through a stack or stacks. Such
techniques shall include, but not be limited to:
    (i) Installing and operating hoods on all active matte tapholes,
matte launders, slag skim bays, slag handling operations, and holding
ladles on each reverberatory furnace;
    (ii) Installing tight fitting hoods on each active converter and
operating such hoods except during pouring and charging operations;
    (iii) Maintaining all ducts, flues, and stacks in a leak-free
condition;
    (iv) Maintaining all reverberatory furnaces and converters under
normal operating conditions in such a fashion that out-leakage of gases
will be prevented to the maximum extent possible;
    (v) Wherever feasible, ducting emissions through the tallest stack
or stacks serving the facility; and
    (vi) Wherever feasible, passing the effluents from all hooding
through the tallest stack or stacks serving the facility.
    (2) (i) If the owner or operator of the smelter subject to this
paragraph is not in compliance with the provisions of paragraph (c)(1)
of the section the following compliance schedule shall apply:
    (a) 30 days after the effective date of this regulation. Let
contracts or issue purchase orders for hoods and flues for control of
fugitive sulfur oxides emissions or provide evidence that such contracts
have been let.
    (b) July 1, 1975. Initiate on-site construction and/or installation
of emission control equipment.
    (c) July 1, 1976. Complete on-site construction and/or installation
of emission control equipment.
    (d) January 1, 1977. Achieve final compliance with requirements of
paragraph (c)(1) of this section.
    (ii) The owner or operator of the smelter subject to the
requirements of this paragraph shall certify to the Administrator within
five days after the deadline for each increment of progress, whether or
not the required increment of progress has been met.
    (iii) If the source subject to this paragraph is presently in
compliance with the requirements of paragraph (c)(1) of this section,
the owner or operator of such source may certify such compliance to the
Administrator within thirty (30) days of the effective date of this
paragraph. If such certification is acceptable to the Administrator, the
applicable requirements of this paragraph shall not apply to the
certifying source. The Administrator may request whatever supporting
information he considers necessary to determine the validity of the
certification.
    (3) The owner or operator of the smelter subject to this paragraph
may submit to the Administrator, no later than thirty (30) days after
the effective date of this paragraph, a proposed alternative compliance
schedule. No such compliance schedule may provide for final compliance
after January 1, 1977. If approved by the Administrator, such schedule
shall satisfy the compliance schedule requirements of this paragraph for
the affected source.
    (d) Regulation for control of sulfur dioxide emissions (Nevada
Intrastate Region). (1) The owner or operator of the Kennecott Copper
Company smelter located in White Pine County, Nevada, in the Nevada
Intrastate Region shall comply with all the requirements of this
paragraph, except as provided in paragraph (e) of this section.
    (2) (i) After July 31, 1977, the owner or operator of the smelter
subject to this paragraph shall not discharge or cause the discharge of
sulfur dioxide into the atmosphere in excess of 10,150 pounds per hour
(4,603 kg/hr.) maximum 6-hour average as determined by the method
specified in paragraph (d)(4) of this section.
    (ii) The limitation specified in paragraph (d)(2)(i) of this section
shall apply to the sum total of sulfur dioxide emissions from the
smelter processing units and sulfur oxides control and removal
equipment, but not including uncaptured fugitive emissions and
[[Page 213]]
those emissions due solely to the use of fuel for space heating or steam
generation.
    (3) (i) The owner or operator of the smelter to which this paragraph
is applicable shall, no later than 30 days following the effective date
of this paragraph, submit to the Administrator for approval a proposed
compliance schedule that demonstrates compliance with paragraph (d)(2)
of this section as expeditiously as practicable but not later than July
31, 1977.
    (ii) The compliance schedule submitted to the Administrator pursuant
to paragraph (d)(3)(i) of this section shall provide for increments of
progress toward compliance. The dates for achievement of such increments
of progress shall be specified. Increments of progress shall include,
but not be limited to, the following:
    (a) Submittal of final control plan to the Administrator for meeting
the requirements of paragraph (d)(2) of this section.
    (b) Letting of necessary contracts or process changes, or issuance
of orders for the purchase of component parts, to accomplish emission
control or process modification;
    (c) Initiation of on-site construction or installation of emission
control equipment or process modification;
    (d) Completion of on-site construction or installation of emission
control equipment or process modification;
    (e) Full compliance with the requirements of paragraph (d)(2) of
this section.
    (iii) The owner or operator of the smelter subject to the
requirements of this subparagraph shall certify to the Administrator
within five days after the deadline for each increment of progress,
whether or not the required increment of progress has been met.
    (iv) Notice must be given to the Administrator at least 10 days
prior to conducting a performance test to afford him the opportunity to
have an observer present.
    (v) If the source subject to this paragraph is currently in
compliance with the requirement of paragraph (d)(2) of this section, the
owner or operator of such source may certify such compliance to the
Administrator within thirty (30) days of the effective date of this
paragraph. If such certification is acceptable to the Administrator, the
applicable requirements of this paragraph (d)(3) of this section shall
not apply to the certifying source. The Administrator may request
whatever supporting information he considers necessary to determine the
validity of the certification.
    (4)(i) The owner or operator of the smelter to which this paragraph
is applicable shall install, calibrate, maintain, and operate a
measurement system(s) for continuously monitoring sulfur dioxide
emissions and stack gas volumetric flow rates in each stack which emits
5 percent or more of the total potential (without emission controls)
hourly sulfur oxides emissions from the source. For the purpose of this
paragraph, ``continuous monitoring'' means the taking and recording of
at least one measurement of sulfur dioxide concentration and stack gas
flow rate reading from the effluent of each affected stack in each 15-
minute period.
    (ii) Within nine months after the effective date of this paragraph,
and at other such times in the future as the Administrator may specify,
the sulfur dioxide concentration measurement system(s) installed and
used pursuant to this paragraph shall be demonstrated to meet the
measurement system performance specifications prescribed in Appendix D
to this part.
    (iii) Within nine months after the effective date of this paragraph,
and at other such times in the future as the Administrator may specify,
the stack gas volumetric flow rate measurement system(s) installed and
used pursuant to this paragraph shall be demonstrated to meet the
measurement system performance specifications prescribed in Appendix E
to this part.
    (iv) The Administrator shall be notified at least ten (10) days in
advance of the start of the field test period required in Appendices D
and E to this part to afford the Administrator the opportunity to have
an observer present.
    (v) The sampling point for monitoring emissions shall be in the duct
at the centroid of the cross section if the cross sectional area is less
than 4.647 m <SUP>2</SUP> (50 ft. <SUP>2</SUP>) or at a point no closer
to
[[Page 214]]
the wall than 0.914 m (3 ft.) if the cross sectional area is 4.647 m
<SUP>2</SUP> (50 ft. <SUP>2</SUP>) or more. The monitor sample point
shall be in an area of small spatial concentration gradient and shall be
representative of the concentration in the duct.
    (vi) The measurement system(s) installed and used pursuant to this
section shall be subjected to the manufacturer's recommended zero
adjustment and calibration procedures at least once per 24-hour
operating period unless the manufacturer specifies or recommends
calibration at shorter intervals, in which case such specifications or
recommendations shall be followed. Records of these procedures shall be
made which clearly show instrument readings before and after zero
adjustment and calibration.
    (vii) Six-hour average sulfur dioxide emission rates shall be
calculated in accordance with paragraph (d)(5) of this section, and
recorded daily.
    (viii) The owner or operator of the smelter subject to this
paragraph shall maintain a record of all measurements required by this
paragraph. Measurement results shall be expressed as pounds of sulfur
dioxide emitted per six hour period. A 6-hour average value calculated
pursuant to paragraph (d)(5)(i) of this section shall be reported as of
each hour for the preceding 6-hour period. Results shall be summarized
monthly and shall be submitted to the Administrator within fifteen (15)
days after the end of each month. A record of such measurements shall be
retained for at least two years following the date of such measurements.
    (ix) The continuous monitoring and recordkeeping requirements of
this paragraph shall become applicable nine months after the effective
date of this regulation.
    (5) (i) Compliance with the requirements of paragraph (d)(2) of this
section shall be determined using the continuous measurement system(s)
installed, calibrated, maintained and operated in accordance with the
requirements of paragraph (d)(4) of this section. For all stacks
equipped with the measurement system(s) required by paragraph (d)(4) of
this section, a 6-hour average sulfur dioxide emission rate shall be
calculated as of the end of each clock hour, for the preceding six
hours, in the following manner:
    (a) Divide each 6-hour period into 24 15-minute segments.
    (b) Determine on a compatible basis a sulfur dioxide concentration
and stack gas flow rate measurement for each 15-minute period for each
affected stack. These measurements may be obtained either by continuous
integration of sulfur dioxide concentration and stack gas flow rate
measurements (from the respective affected facilities) recorded during
the 15-minute period or from the arithmetic average of any number of
sulfur dioxide concentration and stack gas flow readings equally spaced
over the 15-minute period. In the later case, the same number of
concentration readings shall be taken in each 15-minute period and the
readings shall be similarly spaced within each 15-minute period.
    (c) Calculate the arithmetic average (lbs SO<INF>2</INF>/hr) from
all 24 emission rate measurements in each 6-hour period for each stack.
    (d) Total the average sulfur dioxide emission rates for all affected
stacks.
    (ii) Notwithstanding the requirements of paragraph (d)(5)(i) of this
section, compliance with the requirements of paragraph (d)(2) of this
section shall also be determined by using the methods described below at
such times as may be specified by the Administrator. For all stacks
equipped with the measurement system(s) required by paragraph (d)(4) of
this section, a 6-hour average sulfur dioxide emission rate (lbs
SO<INF>2</INF>/hr) shall be determined as follows:
    (a) The test of each stack emission rate shall be conducted while
the processing units vented through such stack are operating at or above
the maximum rate at which they will be operated and under such other
conditions as the Administrator mayspecify.
    (b) Concentrations of sulfur dioxide in emissions shall be
determined by using Method 8 as described in part 60 of this chapter.
The analytical and computational portions of Method 8 as they relate to
determination of sulfuric acid mist and sulfur trioxide as well as
isokinetic sampling may be omitted from the over-all test procedure.
[[Page 215]]
    (c) Three independent sets of measurements of sulfur dioxide
concentrations and stack gas volumetric flow rates shall be conducted
during three 6-hour periods for each stack. Each 6-hour period will
consist of three consecutive 2-hour periods. Measurements of emissions
from all stacks on the smelter premises need not be conducted
simultaneously. All tests must be completed within a 72-hour period.
    (d) In using Method 8, traversing shall be conducted according to
Method 1 as described in part 60 of this chapter. The minimum sampling
volume for each two hour test shall be 40 ft <SUP>3</SUP> corrected to
standard conditions, dry basis.
    (e) The volumetric flow rate of the total effluent from each stack
evaluated shall be determined by using Method 2 as described in part 60
of this chapter and by traversing according to Method 1. Gas analysis
shall be performed by using the integrated sample technique of Method 4
as described inpart 60 of this chapter except that stack gases arising
only from a sulfuric acid production unit may be considered to have zero
moisture content.
    (f) The gas sample shall be extracted at a rate proportional to the
gas velocity at the sampling point.
    (g) For each two hour test period, the sulfur dioxide emission rate
for each stack shall be determined by multiplying the stack gas
volumetric flow rate (ft <SUP>3</SUP>/hr at standard conditions, dry
basis) by the sulfur dioxide concentration (lb/ft <SUP>3</SUP> at
standard conditions, dry basis). The emission rate in lbs/hr-maximum 6-
hour average for each stack is determined by calculating the arithmetic
average of the results of the three 2-hour tests.
    (h) The sum total of sulfur dioxide emissions from the smelter
premises in lbs/hr is determined by adding together the emission rates
(lbs/hr) from all stacks equipped with the measurement system(s)
required by paragraph (d)(4) of this section.
    (e) Alternate regulation for control of sulfur dioxide emissions
(Nevada Intrastate Region). (1) The owner or operator of the Kennecott
Copper Company smelter located in White Pine County, Nevada, in the
Nevada Intrastate Air Quality Control Region may apply to the
Administrator for approval to meet the requirements of this paragraph.
Upon such approval, granted pursuant to paragraph (e)(3) of this
section, the requirements of paragraph (d) shall not be applicable
during the period of such approval, and all requirements of this
paragraph shall apply.
    (2) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in the Act, part 51 or
Sec. 52.01 of this chapter.
    (i) The term ``supplementary control system'' means any system which
limits the amount of pollutant emissions during periods when
meteorological conditions conducive to ground-level concentrations in
excess of national standards exist or are anticipated.
    (ii) The term ``ambient air quality violation'' means any single
ambient concentration of sulfur dioxide that exceeds any National
Ambient Air Quality Standard for sulfur dioxide at any point in a
designated liability area, as specified in paragraph(e)(8) of this
section.
    (iii) The term ``isolated source'' means a source that will assume
legal responsibility for all violations of the applicable national
standards in its designated liability area, as specified in paragraph
(e)(8) of this section.
    (iv) The term ``designated liability area'' means the geographic
area within which emissions from a source may significantly affect the
ambient air quality.
    (3)(i) The application for permission to comply with this paragraph
shall be submitted to the Administrator no later than sixty (60) days
following the effective date of this paragraph and shall include the
following:
    (a) A short description of the type and location of the smelter; the
process, equipment, raw materials and fuels used; the stacks employed;
and emissions to the atmosphere from various points on the smelter
premises.
    (b) A general description and the location of other sources of air
pollution and of the uses of land, and the topography in the vicinity of
the smelter.
    (c) A summary of all ambient air quality data in the vicinity of the
smelter collected by or under contract to smelter.
[[Page 216]]
    (d) A description of the methods of constant emission reduction that
are or will be applied and the degree of emission reduction achieved or
expected due to their application.
    (e) A description of the investigations that the owner or operator
has made, and the results thereof, as to the availability of constant
emission reduction methods that would meet the requirements of paragraph
(d)(2) of this section and a discussion of the reasons why
anypotentially available methods cannot reasonably be used.
    (f) A specific description of the research, investigations, or
demonstrations that the owner or operator will conduct or support for
the purpose of developing constant emission reduction technology
applicable to the smelter. Such description shall include the resources
to be committed, qualifications of the participants, a description of
the facilities to be utilized and milestone dates.
    (g) A detailed description of all other measures the owner or
operator will apply, in addition to those described in paragraph
(e)(3)(i)(d) of this section, to provide for attainment and maintenance
of the air quality standards. These measures include but need not be
limited to supplementary control systems, tall stacks and other
dispersion techniques. Each measure to be applied shall be described in
sufficient detail to allow the Administrator to determine its
effectiveness in reducing ambient concentrations.
    (h) A written commitment by the owner or operator of the source
subject to this paragraph agreeing to assume liability for all
violations of National Ambient Air Quality Standards within the
designated liability area.
    (i) Such other pertinent information as the Administrator may
require.
    (ii) Upon receipt of the information specified in paragraph
(e)(3)(i) of this section, and after making a determination of its
adequacy, the Administrator promptly shall, after thirty (30) days
notice, conduct a public hearing on the application submitted by the
owner or operator. The Administrator shall make available to the public
the information contained in the application. Within thirty (30) days
after the hearing, the Administrator shall notify the owner or operator
of the smelter and other interested parties of his decision as to
whether to grant or deny the application. If he denies the application,
he will set forth his reasons. If he approves the application the owner
or operator shall comply with all provisions of paragraph (e) of this
section and need not comply with provisions of paragraph (d) of this
section except as provided in paragraph (e)(16) of this section.
    (iii) Approval of the application to abide by the provisions of
paragraph (e) will be granted if it can be satisfactorily demonstrated
to the Administrator that control measures in addition to the available
constant emission controls are required and if the specific measures
submitted pursuant to paragraph (e)(3)(i)(g) of this section will
provide for the attainment and maintenance of the National Ambient Air
Quality Standards.
    (4)(i) The owner or operator of the smelter subject to this
paragraph shall not discharge or cause the discharge of sulfur dioxide
into the atmosphere in excess of:
    (a) 2,600 parts per million-maximum 6-hour average, from any single
absorption sulfuric acid producing facility designed for the removal of
sulfur dioxide, as determined by the method specified in paragraph
(e)(6) (i) or (iii) of this section,and
    (b) 29,000 pounds per hour (13,154 kg/hr) maximum 6-hour average, as
determined by the method specified in paragraph (e)(6) (ii) or (iv) of
this section. Such limitation shall apply to the sum total of sulfur
dioxide emissions from the smelter processing units and sulfur oxides
control and removal equipment but not including uncaptured fugitive
emissions and those emissions due solely to use of fuel for space
heating or steam generation.
    (ii) All emissions from the converters, with the exception of the
uncaptured fugitive emissions, shall be processed through a facility for
the removal of sulfur dioxide which meets the requirements of paragraph
(e)(4)(i)(a) of this section.
[[Page 217]]
    (5) (i) The owner or operator of the smelter to which this paragraph
is applicable shall install, calibrate, maintain and operate a
measurement system(s) for continuously monitoring sulfur dioxide
emissions and stack gas volumetric flow rates in each stack which emits
5 percent or more of the total potential (without emission controls)
hourly sulfur oxide emissions from the source. For the purpose of this
paragraph, ``continuous monitoring'' means taking and recording of at
least one measurement of sulfur dioxide concentration and stack gas flow
rate reading from the effluent of each affected stack in each 15-minute
period.
    (ii) No later than the date specified in paragraph (e)(14)(i)(b)(5)
of this section and at such other times in the future as the
Administrator may reasonably specify, the sulfur dioxide concentration
measurement system(s) installed and used pursuant to this paragraph
shall be demonstrated to meet the measurement system performance
specifications prescribed in Appendix D to this part.
    (iii) No later than the date specified in paragraph (e)(14)(i)(b)(5)
of this section and at such other times in the future as the
Administrator may reasonably specify, the stack gas volumetric flow rate
measurement system(s) installed and used pursuant to this paragraph
shall be demonstrated to meet the measurement system performance
specifications prescribed in Appendix E to this part.
    (iv) The Administrator shall be notified at least 10 days in advance
of the start of the field test period required in Appendices D and E to
this part to afford the Administrator the opportunity to have an
observer present.
    (v) The sampling point for monitoring emissions shall be in the duct
at the centroid of the cross section if the cross sectional area is less
than 4.647 m <SUP>2</SUP> (50 ft <SUP>2</SUP>) or at a point no closer
to the wall than 0.914 m (3 ft) if the cross sectional area is 4.647 m
<SUP>2</SUP> (50 ft <SUP>2</SUP>) or more. The monitor sample point
shall be an area of small spatial concentration gradient and shall be
representative of the concentration in the duct.
    (vi) The measurement system(s) installed and used pursuant to this
section shall be subjected to the manufacturer's recommended zero
adjustment and calibration procedures at least once per 24-hour
operating period unless the manufacturer specifies or recommends
calibration at shorter intervals, in which case such specifications or
recommendations shall be followed. Records of these procedures shall be
made which clearly show instrument readings before and after zero
adjustment and calibration.
    (vii) Six-hour average sulfur dioxide concentration and emission
rates shall be calculated in accordance with paragraph (e)(6) of this
section and recorded daily.
    (viii) The owner or operator of the smelter subject to this
paragraph shall maintain a record of all measurements required by this
paragraph. Measurement results shall be expressed in the units
prescribed by the emission limitations in paragraph (e)(4) of this
section. Six-hour average values calculated pursuant to paragraphs
(e)(6) (i) and (ii) of this section shall be reported as of each hour
for the preceding six hours. The results shall be summarized monthly and
shall be submitted to the Administrator within fifteen (15) days of the
end of each month. A record of such measurements shall be retained for
at least two years following the date of such measurements.
    (6)(i) Compliance with the requirements of paragraph (e)(4)(i)(a) of
this section shall be determined using the continuous measurements
system(s) installed, calibrated, maintained and operated in accordance
with the requirements of paragraph (e)(5) of this section. For the
stack(s) equipped with the measurement system(s) required by paragraph
(e)(5) of this section and serving the sulfur dioxide removal device a
6-hour average sulfur dioxide concentration shall be calculated as of
the end of each clock hour for the preceding six hours, in the following
manner:
    (a) Divide each 6-hour period into twenty-four 15-minute segments.
    (b) Determine on a compatible basis a sulfur dioxide concentration
measurement for each 15-minute period. These measurements may be
obtained either by continuous integration of all measurements (from the
respective affected
[[Page 218]]
facility) recorded during the 15-minute period or from the arithmetic
average of any number of sulfer dixide concentration redings equally
spaced over the 15-minute period. In the latter case, the same number of
concentration readings shall be taken in each 15-minute period and the
readings shall be similarly spaced within each 15-minute period.
    (c) Calculate the arithmetic average of all 24 concentration
measurements in each 6-hour period.
    (ii) Compliance with the requirements of paragraph (e)(4)(i)(b) of
this section shall be determined using the continuous measurement
system(s) installed, calibrated, maintained and operated in accordance
with the requirements of paragraph (e)(5) of this section. For all
stacks equipped with the measurement system(s) required by paragraph
(e)(5) of this section, a 6-hour average sulfur dioxide emission rate
shall be calculated as of the end of each clock hour for the preceding
six hours, in the following manner:
    (a) Divide each 6-hour period into twenty-four 15-minute segments.
    (b) Determine on a compatible basis a sulfur dioxide concentration
and stack gas flow rate measurement for each 15-minute period for each
affected stack. These measurements may be obtained either by continuous
integration of sulfur dioxide concentrations and stack gas flow rate
measurements (from the respective affected facilities) recorded during
the 15-minute period or from the arithmetic average of any number of
sulfur dioxide concentration and stack gas flow rate readings equally
spaced over the 15-minute period. In the latter case, the same number of
concentration readings shall be taken in each 15-minute period and the
readings shall be similarly spaced within each 15-minute period.
    (c) Calculate the arithmetic average (lbs SO<INF>2</INF>/hr) of all
24 emission rate measurements in each 6-hour period for each stack.
    (d) Total the average sulfur dioxide emission rates for all affected
stacks.
    (iii) Notwithstanding the requirements of paragraph (e)(6)(i) of
this section, compliance with the requirements of paragraph (e)(4)(i)(a)
of this section shall also be determined by using the methods described
below at such times as may be specified by the Administrator. For each
stack serving any process designed for the removal of sulfur dioxide a
6-hour average sulfur dioxide concentration shall be determined as
follows:
    (a) The test of each stack emission concentration shall be conducted
while the processing units vented through such stack are operating at or
above the maximum rate at which such will be operated and under such
other conditions as the Administrator may specify.
    (b) Concentrations of sulfur dioxide in emissions shall be
determined by using Method 8 as described in part 60 of this chapter.
The analytical and computational portions of Method 8 as they relate to
determination of sulfuric acid mist and sulfur trioxide as well as
isokinetic sampling may be omitted from the over-all test procedure.
    (c) Three independent sets of measurements of sulfur dioxide
concentration shall be conducted during three 6-hour periods of each
stack. Each 6-hour period will consist of three consecutive 2-hour
periods. Measurements of emissions from all stacks on the smelter
premises need not be conducted simultaneously. All tests must be
completed within a 72-hour period.
    (d) In using Method 8, traversing shall be conducted according to
Method 1 as described in part 60 of this chapter. The minimum sampling
volume for each two hour test shall be 40 ft <SUP>3</SUP> corrected to
standard conditions, dry basis.
    (e) The velocity of the total effluent from each stack evaluated
shall be determined by using Method 2 as described in part 60 of this
chapter and traversing according to Method 1. Gas analysis shall be
performed by using the integrated sample technique of Method 3 as
described in part 60 of thi8s chapter. Moisture content can be
considered to be zero.
    (f) The gas sample shall be extracted at a rate proportional to gas
velocity at the sampling point.
    (g) The sulfur dioxide concentration in parts per million-maximum 6-
hour average for each stack is determined by calculating the arithmetic
average of the results of the three 2-hour tests.
[[Page 219]]
    (iv) Notwithstanding the requirements of paragraph (e)(6)(ii) of
this section, compliance with the requirements of paragraph (e)(4)(i)(b)
of this section shall also be determined by using the methods described
below at such times as may be specified by the Administrator. For all
stacks equipped with the measurement system(s) required by paragraph
(e)(5) of this section, a 6-hour average sulfur dioxide emission rate
(lbs SO<INF>2</INF>/hr) shall be determined as follows:
    (a) The test of each stack emission rate shall be conducted while
the processing units vented through such stack are operating at or above
the maximum rate at which they will be operated and under such other
conditions as the Administrator shall specify.
    (b) Concentrations of sulfur dioxide in emissions shall be
determined by using Method 8 as described in part 60 of this chapter.
The analytical, and computational portions of Method 8 as they relate to
determination of sulfuric acid mist and sulfur trioxide as well as
isokinetic sampling may be omitted from the over-all test procedure.
    (c) Three independent sets of measurements of sulfur dioxide
concentrations and stack gas volumetric flow rates shall be conducted
during three consecutive 2-hour periods for each stack. Measurements
need not necessarily be conducted simultaneously of emissions from all
stacks on the smelter premises.
    (d) In using Method 8, Traversing shall be conducted according to
Method 1 as described in part 60 of this chapter. The minimum sampling
volume for each 2-hour test shall be 40 ft <SUP>3</SUP> corrected to
standard conditions, dry basis.
    (e) The volumetric flow rate of the total effluent from each stack
evaluated shall be determined by using Method 2 as described in part 60
of this chapter and by traversing according to Method 1. Gas analysis
shall be performed by using the integrated sample technique of Method 3
as described in part 60 of this chapter. Moisture content shall be
determined by use of Method 4 as described in part 60 of this chapter
except that stack gases arising only from a sulfuric acid production
unit may be considered to have zero moisture content.
    (f) The gas sample shall be extracted at a rate proportional to the
gas velocity at the sampling point.
    (g) For each 2-hour test period, the sulfur dioxide emission rate
for each stack shall be determined by multiplying the stack gas
volumetric flow rate (ft <SUP>3</SUP>/hr at standard conditions, dry
basis) by the sulfur dioxide concentration (lb/ft <SUP>3</SUP> at
standard conditions, dry basis). The emission rate in lbs/hr-maximum 6-
hour average for each stack is determined by calculating the arithmetic
average of the results of the three 2-hour tests.
    (h) The sum total of sulfur dioxide emissions from the smelter
premises in lbs/hr is determined by adding together the emission rates
(lbs/hr) from all stacks equipped with the measurement system(s)
required by paragraph (e)(5) of this section.
    (7) The owner or operator of the smelter subject to this paragraph,
in addition to meeting the emission limitation requirements of paragraph
(e)(4) of this section, shall employ supplementary control systems and/
or such additional control measures as may be necessary to assure the
attainment and maintenance of the National Ambient Air Quality Standards
for sulfur dioxide.
    (i) Such measures will be limited to those specified in the
application submitted pursuant to paragraph (e)(3)(i)(g) of this
section.
    (ii) Sulfur oxides emissions shall be curtailed whenever the
potential for violating any National Ambient Air Quality Standard for
sulfur dioxide is indicated at any point in a designated liability area
by either of the following:
    (a) Air quality measurement.
    (b) Air quality prediction.
    (8)(i) For the purposes of this paragraph the designated liability
area shall be a circle with a radius of fifteen (15) statute miles (24
km) with the center point of such circle coinciding with the tallest
stack serving the affected facility. The owner or operator of the
smelter subject to this paragraph may submit a detailed report which
justifies redefining the designated liability area specified by the
Administrator. Such a
[[Page 220]]
justification shall be submitted with the application submitted pursuant
to paragraph (e)(3)(i) of this section and shall describe and delineate
the requested designated liability area and discuss in detail the method
used and the factors taken into account in the development of such area.
Upon receipt and evaluation of such report, and after the public hearing
described in paragraph (e)(3)(ii) of this section, the Administrator
shall issue his final determination.
    (ii) If new information becomes available which demonstrates that
the designated liability area should be redefined, the Administrator
shall consider such and if appropriate, after notice and comment,
redefine the designated liability area.
    (9) (i) The owner or operator of the smelter subject to the
paragraph shall submit with the application submitted pursuant to
paragraph (e)(3)(i) of this section, a detailed plan for the
establishment of a supplementary control system and/or such other
measures as may be proposed. Such plan shall describe all air quality
and emission monitoring and meteorological equipment to be used,
including instruments installed pursuant to paragraph (e)(5) of this
section for continuously monitoring and recording sulfur dioxide
emissions and stack gas flow rate, the methods that will be used to
determine emission rates to be achieved in association with various
meteorological and air quality situations, and the general plan of
investigations to be followed in developing the system and the
operational manual.
    (ii) Such plan shall include detailed specifications of any
modifications to existing equipment including new stacks, stack
extensions, stack heating systems or any process changes to be applied.
    (iii) The monitoring described in the detailed plan submitted in
accordance with this subparagraph and the appropriate recordkeeping
requirements of paragraph (e)(12) of this section shall commence and
become applicable as of the date specified in paragraph (e)(14)(i)(b)(5)
of this section.
    (10) The owner or operator of the smelter subject to this paragraph
shall submit to the Administrator a comprehensive report of a study
which demonstrates the capability of the supplementary control system,
in conjunction with any other control measures, to reduce air pollution
levels. The report shall describe a study conducted during a period of
at least 120 days during which the supplementary control system was
being developed and operated and shall be submitted no later than the
date specified in paragraph (e)(14)(i)(b)(6) of this section. The report
shall:
    (i) Describe the emission monitoring system and the air quality
monitoring network.
    (ii) Describe the meteorological sensing network and the
meteorological prediction program.
    (iii) Identify the frequency, characteristics, times of occurrence
and durations of meteorological conditions associated with high ground-
level concentrations.
    (iv) Describe the methodology (e.g., disperson modeling and measured
air quality data) by which the source determines the degree of control
needed under each meteorological situation.
    (v) Describe the method chosen to vary the emission rate, the basis
for the choice, and the time required to effect a sufficient reduction
in the emission rate to avoid violations of National Ambient Air Quality
Standards.
    (vi) Contain an estimate of the frequency that emission rate
reduction is required to prevent National Ambient Air Quality Standards
from being exceeded and the basis for the estimate.
    (vii) Include data and results of objective reliability tests.
``Reliability,'' as the term is applied here, refers to the ability of
the supplementary control system to protect against violations of the
National Ambient Air Quality Standards.
    (viii) Demonstrate that the supplementary control system and other
measures expected to be employed after the date specified in paragraph
(e)(14)(i)(b)(6) of this section will result in attainment and
maintenance of National Ambient Air Quality Standards.
    (11) The owner or operator of the smelter subject to this paragraph
shall submit to the Administrator an operational manual for the
supplementary control system. Such manual shall be
[[Page 221]]
submitted no later than the date specified in paragraph (e)(14)(i)(b)(6)
of this section and is subject to the approval of the Administrator as
satisfying the specific requirements of this paragraph. Such approval
shall not relieve the owner or operator of the smelter subject to this
paragraph from its assumed liability for violations of any National
Ambient Air Quality Standards for sulfur oxides in the designated
liability area. Prior to making his final decision, the Administrator
shall, after reasonable notice, provide an opportunity of not less than
forty-five (45) days for public inspection and comment upon the manual.
Such manual shall:
    (i) Specify the number, type, and location of ambient air quality
monitors, instack monitors and meteorological instruments to be used.
    (ii) Describe techniques, methods, and criteria to be used to
anticipate the onset of meteorological situations associated with
ground-level concentrations in excess of National Ambient Air Quality
Standards and to systematically evaluate and, as needed, improve the
reliability of the supplementary control system.
    (iii) Describe the criteria and procedures that will be used to
determine the degree of emission control needed for each class of
meteorological and air quality situations.
    (iv) Specify maximum emission rates which may prevail during all
probable meteorological and air quality situations, which rates shall be
such that National Ambient Air Quality Standards will not be exceeded in
the designated liability area. Such emission rates shall be determined
by in-stack monitors. Data from such monitors shall be the basis for
determining whether the emission rate provisions of the approved
operational manual are adhered to.
    (v) Describe specific actions that will be taken to curtail
emissions when various meteorological conditions described in paragraph
(c)(11)(ii) of this section exist or are predicted and/or when specified
air quality levels occur.
    (vi) Identify the company personnel responsible for initiating and
supervising the actions that will be taken to curtail emissions. Such
personnel must be responsible, knowledgeable and able to apprise the
Administrator of the status of the supplementary control system at any
time the source is operating.
    (vii) Be modified only if approval by the Administrator is first
obtained.
    (12) The owner or operator of the smelter subject to this paragraph
shall:
    (i) Maintain, in a usable manner, records of all measurements and
reports prepared as part of the supplementary control system described
in the approved operational manual. Such records shall be retained for
at least two years.
    (ii) Submit, on a monthly basis, the hour by hour measurements made
of air quality, emissions and meteorological parameters, and all other
measurements made on a periodic basis, as part of the approved
supplementary control system.
    (iii) Submit a monthly summary indicating all places, dates, and
times when National Ambient Air Quality Standards for sulfur oxides were
exceeded and the concentrations of sulfur dioxide at such times.
    (iv) Notify the Administrator of any violation of National Ambient
Air Quality Standards within 24 hours of the occurrence of such
violation.
    (v) Submit a monthly summary report describing and analyzing how the
supplementary control system was operated as related to the approved
operations manual and how the system will be improved, if necessary, to
prevent violations of the National Ambient Air Quality Standards for
sulfur oxides or to prevent any other conditions which are not in
accordance with the approved operational manual.
    (13)(i) The owner or operator of the smelter subject to this
paragraph shall participate in a research program to develop and apply
constant emission reduction technology adequate to attain and maintain
the national standards. Such program shall be carried out in accordance
with the plan submitted pursuant to paragraph (e)(3)(i)(f) of this
section.
    (ii) The owner or operator of the smelter subject to this paragraph
shall submit annual reports on the progress of the research and
development program required by paragraph (e)(13)(i) of
[[Page 222]]
this section. Each report shall also include, but not be limited to, a
description of the projects underway, information on the qualifications
of the personnel involved, information on the funds and personnel that
have been committed, and an estimated date for the installation of the
constant emission reduction technology necessary to attain and maintain
the National Ambient Air Quality Standards.
    (14) (i) The owner or operator of the smelter subject to this
paragraph shall comply with the compliance schedules specified below.
    (a) Compliance schedule for meeting the emission reduction
requirements of paragraph (e)(4) of this section:
    (1) No later than thirty (30) days after the date of approval to
meet the requirements of this paragraph--submit a final plan and
schedule to the Administrator for meeting the requirements of paragraph
(e)(4) of this section.
    (2) No later than thirty (30) days after the date of approval to
meet the requirements of this paragraph--let contracts or issue purchase
order for emission control systems or process modifications or provide
evidence that such contracts have been let.
    (3) July 1, 1975. Initiate on-site construction or installation of
emission control equipment or process change.
    (4) July 1, 1976. Complete on-site construction or installation of
constant emission control equipment or process change.
    (5) January 1, 1977. Achieve final compliance with the requirements
of paragraph (4) of this paragraph (e)(14)(i)(a).
    (b) Compliance schedule for implementing a supplementary control
system or other measures which meet the requirements of paragraphs (e)
(7), (9), (10), and (11) of this section.
    (1) No later than sixty (60) days after approval to meet the
requirements of this paragraph--submit to the Administrator a detailed
schedule for establishment and implementation of the supplementary
control system and other measures in accordance with paragraph (e)(9) of
this section.
    (2) No later than ninety (90) days after approval to meet the
requirements of this paragraph--let contracts or issue purchase orders,
or provide evidence that such contracts have been let, for ambient air
quality monitors, meteorological instruments, and other component parts
necessary to establish a supplementary control system.
    (3) No later than ninety (90) days after approval to meet the
requirements of this paragraph--let contracts or issue purchase orders,
or provide evidence that such contracts have been let, for any stack
extensions or modifications of equipment approved pursuant to paragraph
(e)(3) of this section.
    (4) November 1, 1975. Complete installation of air quality and
emission monitors and meteorological equipment.
    (5) January 1, 1976. Complete installation of any stack extensions
or modifications of equipment approved pursuant to paragraph (e)(3) of
this section.
    (6) May 1, 1976. Submit to the Administrator the comprehensive
report on the supplementary control system required by paragraph (e)(10)
of this section, and submit to the Administrator for his approval the
operational manual required by paragraph (e)(11) of this section.
    (7) January 1, 1977. The National Ambient Air Quality Standards for
sulfur dioxide shall not be violated in the designated liability area.
    (ii) Any owner or operator subject to the requirements of this
subparagraph shall certify to the Administrator within five (5) days
after the deadline for each increment of progress whether or not the
required increment of progress has been met.
    (iii) Notice must be given to the Administrator at least ten (10)
days prior to conducting a performance test to afford him the
opportunity to have an observer present.
    (iv) If the source subject to this paragraph is presently in
compliance with any of the increments of progress set forth in this
paragraph, the owner or operator of such source shall certify such
compliance to the Administrator within thirty (30) days of the effective
date of this paragraph. The Administrator may request whatever
supporting information he considers necessary to determine the validity
of the certification.
    (v) The owner or operator of the smelter subject to this paragraph
may
[[Page 223]]
submit to the Administrator proposed alternative compliance schedules.
Each such proposed compliance schedule shall be submitted with the
application submitted pursuant to paragraph (e)(3)(i) of this section.
No such compliance schedule may provide for final compliance after
January 1, 1977. If approved by the Administrator, such schedule shall
replace the compliance schedule set forth in this paragraph.
    (vi) Any such compliance schedule submitted to the Administrator
shall provide for increments of progress toward compliance. The dates
for achievement of such increments of progress shall be specified.
Increments of progress shall include, but not be limited to, the
increments specified in the appropriate compliance schedule set forth in
paragraphs (e)(14)(i) (a) and (b) of this section.
    (15) (i) The Administrator shall annually review the supplementary
control system and shall deny continued use of the supplementary control
system if he determines that:
    (a) The review indicates that constant emission control technology
has become available or that other factors which may bear on the
conditions for use of a supplementary control system have changed to the
extent that continued use of the supplementary control system would no
longer be deemed approvable within the intent of paragraph (e)(3) of
this section; or
    (b) The source owner or operator has not demonstrated good faith
efforts to follow the stated program for developing constant emission
reduction procedures; or
    (c) The source owner or operator has not developed and employed a
control program that is effective in preventing violations of National
Ambient Air Quality Standards.
    (ii) Prior to denying the continued use of a supplementary control
system pursuant to paragraph (e)(15)(i) of this section, the
Administrator shall notify the owner or operator of the smelter subject
to this paragraph of his intent to deny such continued use, together
with:
    (a) The information and findings on which such intended denial is
based.
    (b) Notice of opportunity for such owner or operator to present,
within thirty (30) days, additional information or arguments to the
Administrator prior to his final determination.
    (iii) The Administrator shall notify the owner or operator of the
smelter subject to this paragraph of his final determination within
thirty (30) days after the presentation of additional information or
arguments, or thirty (30) days after the final datee specified for such
presentation if no presentation is made. If the continued usee of the
supplementary control system is denied, the final determination shall
set forth the specific grounds for such denial.
    (16) Upon denial of the continued use of a supplementary control
system pursuant to paragraph (e)(15) of this section all the
requirements of paragraph (d) of this section shall be immediately
applicable to the owner or operator of the Kennecott Copper Company
smelter located in White Pine County, Nevada, in the Nevada Intrastate
Region and compliance therewith shall be achieved in accordance with
such schedule as the Administrator shall order.
    (17) The owner or operator of the smelter subject to this paragraph
shall be in violation of a requirement of an applicable implementation
plan and subject to the penalties specified in section 113 of the Clean
Air Act if:
    (i) An increment of the compliance schedules set forth in paragraph
(e)(14) of this section is not met by the date specified; or
    (ii) The total sulfur dioxide concentration determined according to
paragraph (e)(6) (i) or (iii) of this section exceeds the emission
limitation set forth in paragraph (e)(4)(i)(a) of this section; or
    (iii) The total sulfur dioxide emission rate determined according to
paragraph (e)(6) (ii) or (iv) of this section exceeds the emission
limitation set forth in paragraph (e)(4)(i)(b) of this section; or
    (iv) Any National Ambient Air Quality Standards for sulfur oxides
are violated in the designated liability area; or
    (v) Operations of the supplementary control system are not conducted
in accordance with the approved operational manual; or
[[Page 224]]
    (vi) Such owner or operator fails to submit any of the information
required by this paragraph.
[40 FR 5511, Feb. 6, 1975, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.1476  Control strategy: Particulate matter.
    (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 standards for particulate matter in the Northwest Nevada and
Nevada Intrastate Regions.
    (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]
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]
Secs. 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 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.
[[Page 225]]
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) Section 25, Rules 25.1-25.1.4.
[49 FR 10259, Mar. 20, 1984]
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(b) through (w) 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]
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]
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 Secs. 52.26 and 52.28 are hereby incorporated and made a
part of the applicable plan for the State of Nevada.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Nevada.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
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
[[Page 226]]
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]
                        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) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on February 28, 1994, April 19, 1994,
April 21, 1994, August 18, 1994, and letters dated May 19, 1994 and June
28, 1994, submitted by the New Hampshire Air Resources Division.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated
February 28, 1994, April 19, 1994, April 21, 1994, and August 18, 1994.
    (B) Chapter 353 of the laws of 1993, An Act establishing an enhanced
emissions inspection and maintenance program and requiring a diesel
emissions study, effective July 3, 1993.
    (C) Enhanced Emissions Inspection and Maintenance Rules, New
Hampshire Department of Safety, adopted February 17, 1994, effective
January 1, 1995.
    (ii) Additional materials.
    (A) Nonregulatory portions of the letter with attachments from the
New Hampshire Air Resources Division dated February 28, 1994.
    (B) Nonregulatory portions of the letter with attachments from the
New Hampshire Air Resources Division dated April 19, 1994.
    (C) Letter with attachments from the New Hampshire Air Resources
Division dated April 21, 1994.
    (D) Letter from the New Hampshire Air Resources Division dated May
19, 1994.
    (E) Letter with attachment from the New Hampshire Air Resources
Division dated June 28, 1994.
    (F) Letter with attachments from the New Hampshire Air Resources
Division dated August 18, 1994.
    (b)-(c)  [Reserved]
    (3) Revision to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on June 14, 1995.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated June
14, 1995, submitting a revision to the New Hampshire State
Implementation Plan.
[59 FR 50506, Oct. 4, 1994, as amended at 59 FR 51517, Oct. 12, 1994; 60
FR 47290, Sept. 12, 1995]
Sec. 52.1520  Identification of plan.
    (a) Title of plan: ``State of New Hampshire Implementation Plan.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Miscellaneous non-regulatory additions to the plan correcting
minor deficiencies submitted on February 23,
[[Page 227]]
1972, by the New Hampshire Air Pollution Control Agency.
    (2) Non-regulatory provisions for retention and availability of air
quality data submitted on March 23, 1972, by the New Hampshire Air
Pollution Control Agency.
    (3) Attainment dates of national primary and secondary air quality
standards submitted on August 8, 1972, by the New Hampshire Air
Pollution Control Agency.
    (4) Revision of regulation No. 5, section 111.A, limiting sulfur
content of fuels submitted on September 26, 1972, by the New Hampshire
Air Pollution Control Agency.
    (5) Compliance schedules submitted on February 14, 1973, by the New
Hampshire Air Pollution Control Agency.
    (6) Compliance schedules submitted on March 22, 1973, by the New
Hampshire Air Pollution Control Agency.
    (7) Revision exempting steam locomotives from the plan submitted on
April 3, 1973, by the New Hampshire Air Pollution Control Agency.
    (8) Regulation No. 20 requiring review of indirect sources submitted
on December 13, 1973, by New Hampshire Air Pollution Control Agency.
    (9) AQMA identification material submitted on May 20, 1974, by the
New Hampshire Air Pollution Control Agency.
    (10) Miscellaneous revisions to Regulation numbers, 4, 6, 8, 10, 11,
13, 14, and 17 submitted on June 6, 1974, by the New Hampshire Air
Pollution Control Agency.
    (11) Revision to Regulation 18, ``Requirements for Recordkeeping at
Facilities which Discharge Air Contaminants,'' submitted on May 28,
1975, by the New Hampshire Air Pollution Control Agency.
    (12) Attainment plans to meet the requirements of Part D for carbon
monoxide for Metropolitan Manchester and ozone for AQCR 121, programs
for the review of construction and operation of new and modified major
stationary sources of pollution in both attainment and non-attainment
areas and certain miscellaneous provisions were submitted on May 29,
1979, November 6, 1979, and March 17, 1980.
    (13) Attainment plans to meet the requirements of Part D for total
suspended particulates and sulfur dioxide in Berlin were submitted by
the Governor of New Hampshire on September 19, 1979.
    (14) Revisions to Regulation 5, Prevention, Abatement, and Control
of Sulfur Emission from Stationary Combustion Equipment, submitted by
the Governor of New Hampshire on July 12, 1973 and April 11, 1975.
    (15) A plan to provide comprehensive public participation and an
analysis of the effects of the New Hampshire 1979 SIP revisions were
submitted on February 28, 1980.
    (16) Revised regulations to assure reasonable further progress and
compliance by owners of proposed new sources with Federal as well as
state regulations were submitted on July 8, 1980.
    (17) A comprehensive air quality monitoring plan, intended to meet
requirements of 40 CFR part 58, was submitted by the New Hampshire Air
Resource Agency Director on January 30, 1980.
    (18) A plan to attain and maintain the National Ambient Air Quality
Standard for lead and to amend the state's air quality standards was
submitted on April 15, 1980. A letter further explaining the state
procedures for review of new major sources of lead emissions and
confirming the use of reference methods was submitted on December 9,
1980 by the Director of the Air Resources Agency.
    (19) Revisions to meet the requirements of Part D and certain other
sections of the Clean Air Act, as amended, for attaining carbon monoxide
standards in the City of Manchester which were submitted on January 12,
1981 and February 18, 1981. The revisions supplement the 1979 CO
attainment plan (Sec. 52.1520(c)(12)) and include three air quality-
improving transportation projects and a schedule for submitting a plan
which will demonstrate attainment by no later than December 31, 1987.
    (20) Revisions to meet ozone attainment requirements of Part D (VOC
Control Regulations) were submitted on August 17, 1981 and are approved
as follows: Regulations Air 1204.03, 1204.11(d), 1204.12, 1204.13,
1204.18 and 1204.21.
[[Page 228]]
    (21) Operating permits with compliance schedules for VOC sources
were submitted May 2, 1980, May 16, 1980, November 20, 1981 and January
8, 1982. Approved are operating permits for Mobil Oil Corporation; ATC
Petroleum, Inc.; Velcro USA, Inc.; and Nashua Corporation's facility at
Nashua.
    (22) Revisions to (i) provide a new format and renumber the SIP
regulations with associated miscellaneous language changes for purposes
of consistency; (ii) to delete redundant regulations and definitions;
(iii) amend several regulations; and (iv) to add additional regulations
submitted by the New Hampshire Air Resources Commission on June 17, 1982
and August 31, 1982. The federally-approved regulations of the New
Hampshire SIP are as follows:
    <bullet> CHAPTER 100, PART Air 101, Sections Air 101.04-101.26,
101.28-101.30, 101.32-101.49, 101.51, 101.53-101.56, 101.58-101.62,
101.64-101.69, 101.74-101.75, 101.77, 101.79-101.89, 101.91-101.96,
101.98.
    <bullet> CHAPTER Air 200, PART Air 205.
    <bullet> CHAPTER Air 300, PARTs Air 301-303.
    <bullet> CHAPTER Air 400, PARTs Air 401; 402, Sections Air 402.01,
402.03, 402.04; PARTs Air 403-405.
    <bullet> CHAPTER Air 600, PARTs Air 601-616.
    <bullet> CHAPTER Air 700, PARTs Air 701-706.
    <bullet> CHAPTER Air 800, PARTs Air 801-802.
    <bullet> CHAPTER Air 900, PARTs Air 901-903.
    <bullet> CHAPTER Air 1000, PART Air 1001.
    <bullet> CHAPTER Air 1200, PART Air 1201, Sections 1201.01-1201.06,
1201.08-1201.11; PARTs Air 1202; 1203; 1204, Sections 1204.01-1204.16,
1204.18-1204.21; PARTs Air 1205; 1207; 1208.
    (23) Carbon monoxide attainment plan revisions for the City of
Manchester which meet the requirements of Part D of the Act for 1982 SIP
revisions. The revisions were submitted on October 5, 1982 and December
20, 1982 by the New Hampshire Air Resources Agency.
    (24) A revision specifying the State will follow Federal permit
notice and hearing procedures for applications subject to PSD
requirements was submitted by the Air Resources Commission on November
19, 1982.
    (25) Revisions to the State Implementation Plan for ozone,
consisting of emission limits and compliance schedules for Oak Materials
Group, Ideal Tape Co., Markem Corp., Essex Group, and Nashua Corp.'s
Merrimack Facility, were submitted on December 23, 1982, December 30,
1982, January 19, 1983, and March 18, 1983.
    (26) Revisions to CHAPTER Air 400, Section Air 402.02 (formerly
Regulation 5). raising the allowable sulfur-in-oil limit for all but ten
sources, were submitted by New Hampshire on July 12, 1973, April 11,
1975, December 21, 1982 and March 29, 1983. The excluded sources are:
    1. International Packings Corp., Bristol.
    2. Dartmouth College, Hanover.
    3. Hinsdale Products Co., Inc., Hinsdale.
    4. Groveton Paper Co., Northumberland.
    5. James River Corp./Cascade Division, Gorham.
    6. Velcro USA, Inc., Manchester.
    7. ATC Petroleum, Newington.
    8. Anheuser-Busch, Inc., Merrimack.
    9. Hoague-Sprague Corp., West Hopkinton.
    10. Public Service Co., Manchester Steam, Manchester.
    (27) Amendments to Regulation Air 1204.02(c), defining
``equivalent'' to include ``solids-applied basis'' and Air 1204.21(j),
altering the maximum time for compliance schedule extensions from
December 31, 1987 to July 1, 1985 were submitted on August 9, 1983. An
additional regulation, Air 1204.17, ``Emission Standards for
Miscellaneous Metal Parts and Products'' was submitted on August 17,
1981.
    (28) Revisions to Air 1204.01, updating the list of volatile organic
compounds exempted from PART Air 1204, and a revision to Air 101.74,
`Process weight' were submitted on November 10, 1983.
    (29) Revisions raising the allowable sulfur-in-oil limit to 2.0% for
five sources excluded from revisions to CHAPTER Air 400, Section 402.02
(identified at subparagraph (c)(26) above), submitted on November 1,
1983. The five sources, and the source specific emission limits where
applicable, are:
    1. International Packings Corp., Bristol.
    2. Velcro USA, Inc., Manchester.
    3. Dartmouth College, Hanover (Limited to a maximum allowable hourly
production of 164,000 pounds of steam.).
    4. Sprague Energy-Atlantic Terminal Corp., Newington (Limited to
firing any three of four boilers, or if all four boilers are fired, the
sulfur content is limited 1.5%.).
    5. Hoague-Sprague Corp., Hopkinton (Limited to firing any one of two
boilers.)
    (30) Revisions to Air 1201.05 adding paragraph (e), concerning
hazardous
[[Page 229]]
waste incinerators, was submitted on April 9, 1984. Approval of this
regulation shall not be construed to supercede New Source Performance
Standards; National Emission Standards for Hazardous Air Pollutants; and
the regulations controlling emissions from major new or modified
stationary sources in attainment and non-attainment areas.
    (31) Revisions raising the allowable sulfur-in-oil limit to 2.0% for
two sources excluded from revisions to CHAPTER Air 400, Section 402.02
(identified at paragraph (c)(26) of this section), submitted on January
13, 1984. The two sources, and the source specific restrictions at each,
are:
    (i) Manchester Steam Station, Public Service Company of N.H.,
Manchester (The auxiliary boiler is allowed to burn 2.0% sulfur oil as
long as the main boilers remain inactive. If either or both of the main
boilers are reactivated, the maximum sulfur content of oil burned in any
boiler shall not exceed 1.7% by weight. In addition, each main boiler
shall not operate until its stack height is increased to 45 m.)
    (ii) Hinsdale Products Co., Inc., Hinsdale (Limited to a maximum
hourly fuel firing rate of 213 gallons.)
    (32) A revision submitted on December 22, 1983 which requires Markem
Corporation to install an incinerator. The installation of the
incinerator must be completed by July 1, 1985.
    (33) The TSP plan to attain primary standards in Berlin, New
Hampshire and the administrative order issued May 2, 1984 to the James
River Corporation which were submitted by the Air Resources Agency on
May 9, 1984.
    (34) Revisions to Part (Air) 610 of Chapter 600, ``Statewide Permit
System'' for the preconstruction permitting of new major sources and
major modifications in nonattainment areas submitted on April 9, 1984
and September 10, 1984 by the New Hampshire Air Resources Commission.
    (35) A revision to approve operating limits for boilers at Dartmouth
College, submitted on May 19, 1986 by the Director of the New Hampshire
Air Resources Agency.
    (i) Incorporation by reference.
    (A) Permits to Operate issued by the State of New Hampshire Air
Resources Agency to Dartmouth College, No. PO-B-1501.5, No. PO-B-1502.5,
and No. PO-B-1503.5, and Temporary Permit TP-B-150.2, 3, and 4, dated
January 6, 1986.
    (36) Approval of a revision to allow the James River Corporation
(Cascade Mill), Gorham, to burn oil having a 2.2% sulfur-by-weight limit
in accordance with previously approved SIP regulation Chapter Air 400,
Section Air 402.02, submitted on February 11, 1985. This sources was
excluded from revisions pertaining to New Hampshire regulation Chapter
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this
section), but New Hampshire has now submitted adequate technical support
for approval.
    (37) Revisions to the State Implementation Plan submitted on April
26, 1985, January 20, 1986 and May 12, 1987 by the Air Resources
Commission.
    (i) Incorporation by reference.
    (A) Letter dated April 26, 1985 from the New Hampshire Air Resources
Commission submitting revisions to the State Implementation Plan for EPA
approval.
    (B) Revisions to New Hampshire Code of Administrative Rules, Part
Air 704.01, ``Permit Review Fee for Large Fuel Burning Devices,'' Part
Air 704.02, ``Permit Review Fee for All Other Devices,'' Part Air
706.01, ``Renewal Review Fee For Large Fuel Burning Devices,'' Part Air
706.02, ``Renewal Review Fee For All Other Devices,'' Part Air 1202,
``Fuel Burning Devices,'' effective on December 27, 1984.
    (C) Certification from the State of New Hampshire dated April 26,
1985.
    (D) Letter from the State of New Hampshire dated January 20, 1986.
    (E) Letter from the State of New Hampshire dated May 12, 1987.
    (38) Approval of a revision to allow the James River Corporation,
Groveton, to burn oil having a 2.2% sulfur-by-weight limit in accordance
with previously approved SIP regulation CHAPTER Air 400, Section Air
402.02, submitted on January 22, 1986. This source was previously
excluded from revisions pertaining to New Hampshire regulation CHAPTER
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this
section), but New Hampshire has now submitted adequate technical support
for approval.
[[Page 230]]
    (i) Incorporation by reference.
    (A) The conditions in the following five Permits to Operate issued
by the State of New Hampshire Air Resources Agency on September 6, 1985,
to the James River Corporation--Groveton Group: Permit No. PO-B-1550,
Conditions 5B, 5C, and 5D; Permit No. PO-B-213, Conditions 2 and 5A;
Permit No. PO-B-214, Conditions 2 and 5A; Permit No. PO-B-215,
Conditions 2 and 5A; and Permit No. PO-BP-2240, Condition 5B. These
conditions limit the sulfur-in-fuel content at the James River
Corporation, Groveton, to 2.2% sulfur by weight.
    (39) Attainment plans for carbon monoxide for the City of Nashua
including an extension of the attainment date to December 31, 1990 as
submitted on September 12, 1985, December 3, 1985, October 7, 1986,
March 6, 1987, May 12, 1987 and October 15, 1987.
    (i) Incorporation by reference. (A) The New Hampshire Code of
Administrative Rules, Department of Safety, Chapter 900, Emission
Inspections, Part Saf-M, 901, Part Saf-M 902, Part Saf-M 903, Part Saf-M
904, Part Saf-M 905, Part Saf-M 906,Part Saf-M 907, Part Saf-M 908, Part
Saf-M 909, and Part Saf-M 910, effective October 6, 1986.
    (B) Section 715.02 Introductory Text and paragraph (1) of Part Saf-
M-715, and Sec. 716.01 Introductory Text and paragraph (g) of Part Saf-
M-716, submitted to New Hampshire Department of Safety by the State of
New Hampshire on August 14, 1985.
    (ii) Additional material. (A) A letter from Governor John H. Sununu
to Michael R. Deland, dated March 6, 1987, committing to take
legislative measures to convert the Inspection/Maintenance program in
the Nashua area to the use of computerized emission analyzers in the
event that the program is found to not be achieving the necessary
emission reductions.
    (B) Narrative submittals, including an attainment demonstration.
    (40) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on July 6, 1989.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated July
6, 1989 submitting revisions to the New Hampshire State Implementation
Plan.
    (B) Revisions to New Hampshire's Rule Env-A 303.01 entitled
``Particulate Matter,'' effective April 21, 1989.
    (C) Revisions to New Hampshire's Rule Env-A 1001.02 entitled
``permissible Open Burning,'' effective May 26, 1989.
    (41) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on February 12, 1991.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated
February 12, 1991 submitting a revision to the New Hampshire State
Implementation Plan.
    (B) Env-A 802.09 and Env-A 802.10 of the New Hampshire
Administrative Rules Governing the Control of Air Pollution entitled
``Continuous Emission Monitoring'' and ``CEM Recordkeeping
Requirements,'' respectively. These regulations were effective on
December 27, 1990.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (42) [Reserved]
    (43) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on November 21, 1989.
    (i) Incorporation by reference.
    (A) Letter form the New Hampshire Air Resources Division dated
November 21, 1989 submitting a revision to the New Hampshire State
Implementation Plan.
    (B) Amendments to regulations for the State of New Hampshire's
Administrative Rules Governing Air Pollution in Chapters Env-A 100, 800,
900 and 1200 which were effective November 16, 1989.
    (C) Letter from Robert W. Varney, Commissioner of the Department of
Environmental Services of New Hampshire, to John B. Hammond, Acting
Director of the New Hampshire Office of Legislative Services, dated
November 15, 1989, adopting final rules.
    (44) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on September 12, 1990.
    (i) Incorporation by reference.
[[Page 231]]
    Letter from the New Hampshire Air Resources Division dated September
12, 1990 submitting a revision to the New Hampshire State Implementation
Plan that withdraws nine source-specific operating permits incorporated
by reference at 40 CFR 52.1520(c)(21), (c)(25) and (c)(32).
    (ii) Additional materials.
    Letter from the New Hampshire Air Resources Division dated July 2,
1991 submitting documentation of a public hearing.
    (45) Revisions to the State Implementation Plan consisting of a
readoption of the Rules Governing the Control of Air Pollution for the
State of New Hampshire submitted by the New Hampshire Air Resources
Division on February 12, 1991.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated
February 12, 1991 submitting revisions to the New Hampshire State
Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air
Pollution for the State of New Hampshire effective on December 27, 1990:
    <bullet> Chapter Env-A 100: Sections Env-A 101.01-.20, 101.22-.26,
101.28-.32, 101.34-50, 101.52, 101.54-.57, 101.59-.62, 101.64-.97 and
101.99.
    <bullet> Chapter Env-A 200: Parts Env-A 201-205; Part Env-A 207;
Section Env-A 209.05; and Part Env-A 210.
    <bullet> Chapter Env-A 300: Parts Env-A 301-303.
    <bullet> Chapter Env-A 400: Part Env-A 401-404; Sections Env-A 401-
404; Sections Env-A 405.01-.05(b) and 405.06.
    <bullet> Chapter Env-A 600: Parts Env-A 601-602; Sections Env-A
603.01-.02(o) and 603.03(a)-(e); and Parts Env-A 604-616.
    <bullet> Chapter Env-A 700: Parts Env-A 701-705.
    <bullet> Chapter Env-A 800: Parts Env-A 801-802; and Part Env-A 804.
    <bullet> Chapter Env-A 900` Parts Env-A 901-903.
    <bullet> Chapter Env-A 1000: Part Env-A 1001.
    <bullet> Chapter Env-A 1200: Parts Env-A 1201-1203; Sections
1204.01-.11 and 1204.13-.19; Part Env-A 1205; Sections Env-A 1206.01-.02
and 1206.04-.06; and Parts Env-A 1207-1208.
    (ii) Additional materials.
    (A) Letters from the New Hampshire Air Resources Division dated May
7, August 20, and August 26, 1991, March 6, and May 6, 1992 withdrawing
certain portion of the February 12, 1991 SIP submittal.
    (46) Revisions to the State Implementation Plan consisting of
amendments to Chapter Env-A 1204.12 Emission Control Methods for Cutback
and Emulsified Asphalt submitted by the New Hampshire Air Resources
Division on May 15, 1992.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated May
15, 1992 submitting a revision to the New Hampshire State Implementation
Plan.
    (B) The following portions of the Rules Governing the Control of Air
Pollution for the State of New Hampshire effective on January 17, 1992:
Chapter Env-A 1200: PART Env-A 1204.12 Emission Control Methods for
Cutback and Emulsified Asphalt.
    (47) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on May 15, 1992.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated May
15, 1992 submitting a revision to the New Hampshire State Implementation
Plan.
    (B) The following portions of the Rules Governing the Control of Air
Pollution for the State of New Hampshire effective on January 17, 1992:
--Chapter Env-A 800: Part Env-A 805
--Chapter Env-A 1200: Sections Env-A 1204.02, 1204.04, 1204.05-1204.08,
    1204.14-1204.15.
    (48)  [Reserved]
    (49) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on June 17, 1994, and December 21,
1992.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated June
17, 1994, and December 21, 1992, submitting revisions to the New
Hampshire State Implementation Plan.
    (B) Regulations Chapter Env-A 1200, Part Env-A 1211, ``Nitrogen
Oxides (NO<INF>X</INF>),'' effective on May 20, 1994, and Chapter Env-A
900, Part Env-A 901, sections Env-A 901.06 ``NO<INF>X</INF>
Recordkeeping Requirements,'' and Env-A 901.07, ``NO<INF>X</INF>
Reporting Requirements,'' effective on November 13, 1992.
    (50) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on July 7, 1995, September 18, 1995,
and October 18, 1995.
    (i) Incorporation by reference.
[[Page 232]]
    (A) Letters from the New Hampshire Air Resources Division dated July
7, 1995, September 18, 1995, and October 18, 1995, submitting revisions
to the New Hampshire State Implementation Plan.
    (B) New Hampshire NO<INF>X</INF> RACT Order ARD-95-001, concerning
Groveton Paperboard Corporation, effective on May 10, 1995.
    (C) New Hampshire NO<INF>X</INF> RACT Order ARD-95-002, concerning
Plymouth Cogeneration Limited Partnership, effective September 12, 1995.
    (D) New Hampshire NO<INF>X</INF> RACT Order ARD-95-003, concerning
Waterville Valley Ski Area Limited, effective September 19, 1995.
    (51) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on December 9, 1996, June 28, 1996,
October 24, 1996, and July 10, 1995.
    (i) Incorporation by reference. (A) Letters from the New Hampshire
Air Resources Division dated December 9, 1996, June 28, 1996, October
24, 1996, July 10, 1995 and December 21, 1992 submitting revisions to
the New Hampshire State Implementation Plan (SIP), and a letter dated
November 21, 1997 withdrawing Env-A 1204.06 from the SIP submittal.
    (B) Regulations Part Env-A 801 ``Purpose;'' Part Env-A 802 ``Testing
and Monitoring for Stationary Sources: General Requirements;'' Part Env-
A 902 ``Malfunctions and Breakdowns of Air Pollution Control
Equipment;'' and Part Env-A 903 ``Compliance Schedules'' all effective
November 15, 1992.
    (C) Regulations Part Env-A 803 ``VOC Testing;'' Part Env-A 804
``Capture Efficiency;'' Sections Env-A 901.01 through 901.05, 901.08 and
901.09 of Part Env-A 901 ``Recordkeeping and Reporting by Sources;'' and
Part Env-A 1204 ``Stationary Sources of Volatile Organic Compounds
(VOCs) (except 1204.06),'' all effective on August 31, 1995.
    (D) New Hampshire VOC RACT Order ARD-94-001, concerning L.W.
Packard, effective May 5, 1995.
    (E) New Hampshire VOC RACT Order ARD-95-010, concerning Kalwall in
Manchester, NH, effective September 10, 1996.
    (F) New Hampshire VOC RACT Order ARD-96-001, concerning Textile
Tapes Corporation, NH, effective October 4, 1996.
    (52) A revision to the New Hampshire SIP regarding ozone monitoring.
The State of New Hampshire will modify its SLAMS and its NAMS monitoring
system to include a PAMS network design and establish monitoring sites.
The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference.
    (A) State of New Hampshire Photochemical Assessment Monitoring
Stations--Network Plan--Network Overview.
    (ii) Additional material.
    (A) NH-DES letter dated December 13, 1994, and signed by Thomas M.
Noel, Acting Director, NH-DES.
    (53) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on August 29, 1996. This revision is
for the purpose of satisfying the rate-of-progress requirement of
section 182(b) and the contingency measure requirement of section
172(c)(9) of the Clean Air Act, for the Portsmouth-Dover-Rochester
serious ozone nonattainment area, and the New Hampshire portion of the
Boston-Lawrence-Worcester serious ozone nonattainment area.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated
August 29, 1996 submitting a revision to the New Hampshire State
Implementation Plan.
    (54) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on April 14, 1997, May 6, 1997, and
September 24, 1997.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated
April 14, 1997, May 6, 1997, and September 24, 1997 submitting revisions
to the New Hampshire State Implementation Plan.
    (B) New Hampshire NO<INF>X</INF> RACT Order ARD-97-001, concerning
Public Service Company of New Hampshire in Bow, effective on April 14,
1997.
    (C) New Hampshire NO<INF>X</INF> RACT Order ARD-95-011, concerning
Hampshire Chemical Corporation, effective on May 6, 1997.
[[Page 233]]
    (D) New Hampshire NO<INF>X</INF> RACT Order ARD-97-003, concerning
Crown Vantage, effective September 24, 1997.
    (55)-(57) [Reserved]
    (58) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on November 25, 1992.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated
November 24, 1992 submitting a revision to the New Hampshire State
Implementation Plan.
    (B) Part Env-A 1205 ``Volatile Organic Compounds (VOC): Gasoline
Dispensing Facilities and Gasoline Tank Trucks,'' effective in the State
of New Hampshire on August 17, 1992.
    (ii) Additional materials.
    (A) New Hampshire Department of Environmental Services ``Stage II
Equivalency Demonstration,'' dated November 1992.
    (B) Nonregulatory portions of the submittal.
    (59)-(60) [Reserved]
    (61) Revisions to the State Implementation Plan submitted by the New
Hampshire Department of Environmental Services on July 9, 1998.
    (i) Additional materials.
    (A) ``New Hampshire Stage II Comparability Analysis,'' prepared by
the New Hampshire Department of Environmental Services, dated July 1,
1998.
    (62) Revisions to the State Implementation Plan submitted by the New
Hampshire Department of Environmental Services on June 7, 1994.
    (i) Additional materials.
    (A) Letter from the New Hampshire Department of Environmental
Services dated June 7, 1994 submitting a revision to the New Hampshire
State Implementation Plan.
    (B) ``Clean Fuel Fleet Equivalency Demonstration,'' prepared by the
New Hampshire Department of Environmental Services, dated May, 1994.
    (63) Revisions to the State Implementation Plan Submitted by the New
Hampshire Department of Environmental Services on July 10, 1996.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Department of Environmental
Services dated July 10, 1996 submitting a revision to the New Hampshire
State Implementation Plan.
    (B) Part Env-A 1502 of Chapter Env-A 1500 of the New Hampshire Code
of Administrative Rules titled ``Conformity of General Federal
Actions,'' adopted in the State of New Hampshire on April 25, 1996.
    (64) [Reserved]
    (65) Revisions to the State Implementation Plan submitted by the New
Hampshire Department of Environmental Services on August 16, 1999.
    (i) Incorporation by reference.
    New Hampshire regulation Chapter Env-A 3600, entitled ``National Low
Emission Vehicle (National LEV) Program'' adopted July 21, 1999.
    (ii) Additional material.
    Letter from the New Hampshire Department of Environmental Services
dated August 16, 1999 submitting the Low Emission Vehicle program as a
revision to the State Implementation Plan.
[37 FR 10879, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1520, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
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   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Androscoggin Valley Interstate............................          IA         IA       III       III        III
Central New Hampshire Intrastate..........................         III        III       III       III        III
Merrimack Valley-Southern New Hampshire Interstate........           I          I       III       III        III
----------------------------------------------------------------------------------------------------------------
[37 FR 10879, May 31, 1972, as amended at 45 FR 24876, Apr. 11, 1980]
[[Page 234]]
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]
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.
----------------------------------------------------------------------------------------------------------------
                                          TSP                      SO<INF>2</INF>
     Nonattainment areas <SUP>1</SUP>     -------------------------------------------------    NO<INF>2</INF>         CO         O<INF>3</INF>
                                  Primary    Secondary     Primary    Secondary
----------------------------------------------------------------------------------------------------------------
Androscoggin Valley Interstate
 AQCR 107:
  Berlin......................  g.........  f            f           f           a          a          a
  Remainder of AQCR...........  a.........  b            a           b           a          a          a
Merrimack Valley-SO NH
 Interstate 121:
  Keene.......................  a.........  b            a           b           a          a          d
  Manchester..................  a.........  c            a           b           a          h          d
  Nashua......................  a.........  b            a           b           a          e          d
  Remainder of AQCR...........  a.........  b            a           b           a          a          d
AQCR 149......................  a.........  b            a           b           a          a          a
----------------------------------------------------------------------------------------------------------------
a. Air quality level presently below primary standards or area is unclassifiable.
b. Air quality level presently below secondary standards or area is unclassifiable.
c. Eighteen month extension for plan submittal granted; attainment date not yet proposed.
d. December 31, 1982.
e. Redesignation to non-attainment. Nine months granted for submission of an attainment plan; attainment date
  not yet proposed.
f. December 31, 1981.
g. August 31, 1985.
h. December 31, 1987.
\1\ Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to
  the 1977 Clean Air Act Amendments remain obligated to comply with those requirements by the earlier deadlines.
  The earlier attainment dates are set out at 40 CFR 52.1523 (1978).
[45 FR 24876, Apr. 11, 1980, as amended at 50 FR 51250, Dec. 16, 1985;
51 FR 21550, June 13, 1986]
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
[[Page 235]]
sources identified below are promulgated herein in satisfaction of the
requirements of subpart N of this chapter. All regulations cited are air
pollution control regulations ofthe State, unless otherwise noted.
----------------------------------------------------------------------------------------------------------------
                                                          Regulation                          Final compliance
              Source                      Location         involved      Effective date             date
----------------------------------------------------------------------------------------------------------------
Brown Co.:
  (a) No. 11 Kraft recovery.......  Berlin, N.H.........          15  Immediately.........  Jan. 1973.
  (b) No. 11 Kraft recovery.......  ......do............          15  ......do............  Jan. 1974.
  (c) No. 8 Kraft recovery boiler   ......do............          15  ......do............  July 1974.
   main stack.
  (d) No. 8 Kraft recovery smelt    ......do............          15  ......do............  Dec. 1974.
   tank vent.
  (e) Heavy black liquor oxidation  ......do............          15  ......do............  June 1974.
  (f) No. 1 lime kiln stack.......  ......do............          15  ......do............  Jan. 1973.
  (g) No. 2 lime kiln stack.......  ......do............          15  ......do............  Dec. 1974.
----------------------------------------------------------------------------------------------------------------
[38 FR 12713, May 14, 1973, as amended at 38 FR 16145, June 20, 1973; 38
FR 22744, Aug. 23, 1973; 49 FR 38102, Sept. 27, 1984; 51 FR 40676,
40677, Nov. 7, 1986; 54 FR 25259, June 14, 1989]
Sec. 52.1525  EPA-approved New Hampshire state regulations.
    The following table identifies that State regulations which have
been submitted to and approved by EPA as revisions to the New Hampshire
State Implementation Plan. This table is for informational purposes only
and does not have any independent regulatory effect. To determine
regulatory requirements for a specific situation consult the plan
identified in Sec. 52.1520. To the extent that this table conflicts with
Sec. 52.1520, Sec. 52.1520 governs.
[[Page 236]]
                                          Table 52.1525--EPA-Approved Rules and Regulations \1\--New Hampshire
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date
          Title/subject               State citation       adopted      Date approved EPA     Federal Register         52.1520             Comments
                                        chapter \2\         State                                 citation
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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.
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 237]]
                                   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.
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 NO<INF>X</INF>
                                    A 901, section Env-                                                                               recordkeeping
                                    A 901.06.                                                                                         requirements.
                                   CH Air 900, Part Env-    11/13/92  4/9/97..............  62 FR 17092.........  (c)(49)            Adds NO<INF>X</INF> reporting
                                    A 901, section Env-                                                                               requirements.
                                    A 901.07.
[[Page 238]]
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     CH air 900, Part Env-    11/13/92  3/10/98.............  63 FR 11600.........  c(51)              Adds recordkeeping
 Air 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         CH Air 1000.........     12/17/81  3/15/83.............  48 FR 10830.........  (c)(22)            Part Air 1002 is
 Control of Open Source Air                                                                                                           not part of the
 Pollution.                                                                                                                           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         CH Air 1200.........      6/17/82  3/15/83.............  48 FR 10830.........  (c)(22)            Section Air 1201.07
 Control 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 NO<INF>X</INF> RACT
                                    A 1211.                                                                                           requirements.
[[Page 239]]
Stationary Sources of Volatile     CH air 1204, Part         8/21/95  3/10/98.............  63 FR 11600.........  c(51)              Adds VOC RACT
 Organic Compounds.                 Env-A 1204 (except                                                                                requirements.
                                    1204.09).                                                                                         Limited approval
                                                                                                                                      only of Env-A
                                                                                                                                      1204.27
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 NO<INF>X</INF>
                                                                                                                                      RACT order for
                                                                                                                                      Groveton
                                                                                                                                      Paperboard Corp.,
                                                                                                                                      in Groveton, NH.
                                   Order ARD-95-002....      9/12/95  4/9/97..............  62 FR 17093.........  (c)(50)            Source specific NO<INF>X</INF>
                                                                                                                                      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 NO<INF>X</INF>
                                                                                                                                      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 NO<INF>X</INF>
                                                                                                                                      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 NO<INF>X</INF>
                                                                                                                                      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 NO<INF>X</INF>
                                                                                                                                      RACT order for
                                                                                                                                      Crown Vantage in
                                                                                                                                      Berlin, NH.
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These regulations are applicable statewide unless otherwise noted in the COMMENTS 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, as amended at 50 FR 10005, Mar. 13, 1985; 52
FR 3118, Feb. 2, 1987; 52 FR 12164, Apr. 15, 1987; 52 FR 35082, Sept.
17, 1987; 52 FR 47393, Dec. 14, 1987; 56 FR 27199, June 13, 1991; 56 FR
40253, Aug. 14, 1991; 57 FR 36605, Aug. 14, 1992; 58 FR 4904, Jan. 19,
1993; 58 FR 29974, May 25, 1993; 59 FR 42768, Aug. 19, 1994; 62 FR
17092, Apr. 9, 1997; 63 FR 11604, Mar. 10, 1998; 63 FR 26460, May 13,
1998; 64 FR 44420, Aug. 16, 1999; 65 FR 12480, Mar. 9, 2000; 65 FR
37833, June 16, 2000
[[Page 240]]
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:
    <bullet> Chapter Env-A 100: Sections Env-A 101.21, .27, .33, .51,
.53, .58., .63 and
    <bullet> 98; and Parts Env-A 102-103
    <bullet> Chapter Env-A 200: Part Env-A 206; Part Env-A 208; and
Sections 209.01-.04
    <bullet> Chapter Env-A 300: Part Env-A 304
    <bullet> Chapter Env-A 400: Section Env-A 405.05(c)-(d) and Part
Env-A 406
    <bullet> Chapter Env-A 500: Parts Env-A 501-506
    <bullet> Chapter Env-A 600: Sections Env-A 603.02(p), 603.03(f)-(g)
    <bullet> Chapter Env-A 800: Part Env-A 803
    <bullet> Chapter Env-A 1000: Part Env-A 1002
    <bullet> Chapter Env-A 1100:Part Env-A 1101
    <bullet> Chapter Env-A 1200: Sections Env-A 1206.03
    <bullet> Chapter Env-A 1300; Parts Env-A 1301-1305
[48 FR 10833, Mar. 15, 1983, as amended at 48 FR 48665, Oct. 20, 1983;
50 FR 51250, Dec. 16, 1985; 57 FR 36607, Aug. 14, 1993]
Sec. 52.1528  [Reserved]
Sec. 52.1529  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 (b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of New Hampshire.
    (c) The revisions promulgated on October 17, 1988 (53 FR 40671) to
Secs. 52.21 (b) through (w) including increment provisions for nitrogen
dioxide are hereby incorporated and made a part of the applicable State
Implementation Plan for the State of New Hampshire. The effective date
of the revisions promulgated on October 17, 1988 to Secs. 52.21 (b)
through (w) are hereby advanced from November 19, 1990 to October 17,
1989 in the State of New Hampshire.
[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 54
FR 32972, Aug. 11, 1989]
Sec. 52.1530  Requirements for State implementation plan revisions
          relating to new motor vehicles.
    New Hampshire must comply with the requirements of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.1531  Visibility protection.
    (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 Secs. 52.26 and 52.28 are hereby incorporated and made a
part of the applicable plan for the State of New Hampshire.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of New
Hampshire.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.1532  Stack height review.
    The State of New Hampshire has declared to the satisfaction of EPA
that no existing emission limitations have been affected by stack height
credits greater than good engineering practice or any other prohibited
dispersion technique as defined in EPA's stack height regulations, as
revised on July 8, 1985. This declaration was submitted to EPA on March
21, 1986. The State has further declared in a letter from Dennis
Lunderville, dated July 25, 1986, that, ``As part of our new source
review activities under the New Hampshire SIP and our delegated PSD
authority, the New Hampshire Air Resources Agency will follow EPA's
stack height regulation as revised in the Federal Register on July 8,
1985 (50 FR 27892).'' Thus, New Hampshire has satisfactorily
demonstrated that its regulations meet 40 CFR 51.118 and 51.164.
[52 FR 49407, Dec. 31, 1987]
[[Page 241]]
Sec. 52.1533  Emission inventories.
    (a) The Governor's designee for the State of New Hampshire submitted
a 1990 base year emission inventory for the entire state on January 26,
1993 as a revision to the State Implementation Plan (SIP). Subsequent
revisions to the State's 1990 inventories were made, the last of which
occurred on August 29, 1996. The 1990 base year emission inventory
requirement of section 182(a)(1) of the Clean Air Act, as amended in
1990, has been satisfied for the three nonattainment areas in the State.
The three areas are the Portsmouth-Dover-Rochester serious area, the New
Hampshire portion of the Boston-Lawrence-Worcester serious area, and the
Manchester marginal area.
    (b) The inventory is for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventory
covers point, area, non-road mobile, on-road mobile, and biogenic
sources.
    (c) The Portsmouth-Dover-Rochester serious nonattainment area
includes all of Strafford County and part of Rockingham County. The New
Hampshire portion of the Boston-Lawrence-Worcester serious area includes
portions of Hillsborough and Rockingham Counties. The Manchester
marginal area contains all of Merrimack County and portions of
Hillsborough and Rockingham Counties.
[62 FR 55525, Oct. 27, 1997]
                         Subpart FF--New Jersey
Sec. 52.1570  Identification of plan.
    (a) Title of plan: ``New Jersey State Implementation Plan to meet
National Air Quality Standards.''
    (b) The plan was officially submitted on January 26, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Miscellaneous non-regulatory additions to the plan submitted on
April 17, 1972, by the New Jersey Department of Environmental
Protection.
    (2) List of permits issued to sources allowing them particulate
emissions in excess of 25 tons per year submitted on May 15, 1972, by
the New Jersey Department of Environmental Protection.
    (3) Legal opinion of State Attorney General on State's authority to
make available to the public emission data reported by sources submitted
on June 23, 1972, by the New Jersey Department of Law and Public Safety.
    (4) Copies of the permits and certificates issued to sources
exceeding 25 tons per year of particulate emissions submitted on July 6,
1972, by the New Jersey Department of Environmental Protection.
    (5) Revisions correcting deficiencies in the new source review
procedure submitted on March 22, 1973, by the Governor.
    (6) Legal opinion of the State Attorney General on the State's
authority to deny a permit to construct or modify a source submitted on
April 18, 1973, by the New Jersey Department of Environmental
Protection.
    (7) Revision to sulfur-in-fuel regulation, section 7:1-3.1 of New
Jersey Air Pollution Control Code, submitted on November 20, 1973, by
the New Jersey Department of Environmental Protection.
    (8) Revision to the control of open burning regulation, section
7:27-2.1 of the New Jersey Air Pollution Control Code, submitted on
November 19, 1975, by the New Jersey Department of Environmental
Protection.
    (9) Letter, dated January 16, 1976, from the New Jersey Department
of Environmental Protection stating that there would be no net increase
in hydrocarbon emissions as a result of the revisions to N.J.A.C. 7:27-
2.1.
    (10) Regulation entitled: ``Control and Prohibition of Air Pollution
by Volatile Organic Substances,'' New Jersey Administrative Code
(N.J.A.C.) 7:27-16.1 et seq., submitted on January 8, 1976 by the New
Jersey Department of Environmental Protection.
    (11) Technical justification supporting N.J.A.C. 7:27-16 et seq.
submitted on March 3, 1976.
    (12) Revisions consisting of 16 administrative orders issued
pursuant to the New Jersey Administrative Code (N.J.A.C.) 7:27-9.5(a)
and technical support for these orders received on April 27, 1976 from
the New Jersey Department of Environmental Protection.
[[Page 242]]
    (13) An administrative order directed to Hunt-Wesson Foods, Inc. in
Bridgeton, Cumberland County and issued pursuant to the New Jersey
Administrative Code (N.J.A.C.) 7:27-9.5(a), dated June 15, 1976, and
technical support for this order received by EPA on April 27, 1976, both
from the New Jersey Department of Environmental Protection.
    (14) Revision to the Permits and Certificates regulation of the New
Jersey Air Pollution Control Code, N.J.A.C. 7:27-8.1 et seq., submitted
on June 8, 1976 by the New Jersey Department of Environmental
Protection.
    (15) Revision consisting of an administrative order issued on
September 14, 1976 to Owens Illinois, Inc., Cumberland County, New
Jersey pursuant to the New Jersey Administrative Code (N.J.A.C.) 7:27-
9.5(a) and submitted on September 17, 1976 by the New Jersey Department
of Environmental Protection.
    (16) A revision submitted by the New Jersey Department of
Environmental Protection consisting of an October 27, 1976 letter
indicating the extension, to July 12, 1977, of ``variances'' to the
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-9.1 et
seq., Sulfur in Fuel, for 18 facilities; and supplemental technical
information submitted in a November 22, 1976 letter. The extended
``variances'' including all their terms and conditions are made a part
of the New Jersey State Implementation Plan. The facilities affected by
these ``variances'', their location and applicable sulfur in fuel oil
limitation until July 12, 1977 are as follows:
------------------------------------------------------------------------
                                                               Sulfur in
                                                               fuel oil
               Source                        Location         limitation
                                                               (percent
                                                              by weight)
------------------------------------------------------------------------
National Bottle Corp................  Salem City, Salem             2.0
                                       County.
E. I. du Pont de Nemours & Co.......  Deepwater, Salem              1.5
                                       County.
Heinz-USA...........................  Salem City, Salem             2.0
                                       County.
B. F. Goodrich Chemical Co..........  Pedricktown, Salem            1.5
                                       County.
Anchor Hocking Corp.................  Salem City, Salem             2.0
                                       County.
Atlantic City Electric Deepwater      Penns Grove, Salem            1.5
 Station.                              County.
E. I. du Pont de Nemours & Co.......  Carney's Point, Salem         1.5
                                       County.
Mannington Mills, Inc...............  Salem City, Salem             2.0
                                       County.
Atlantic City Electric B. L. England  Beesley Point, Cape           2.0
 Station.                              May County.
Hunt Wesson Foods, Inc..............  Bridgeton City,               2.5
                                       Cumberland County.
Kerr Glass Manufacturing Corp.......  Millville City,               2.5
                                       Cumberland County.
Owens Illinois, Inc., Kimble          Vineland City,                2.5
 Products Division.                    Cumberland County.
Leone Industries....................  Bridgeton City,               2.5
                                       Cumberland County.
Owens Illinois, Inc.................  ......do..............        1.5
Progresso Food Corp.................  Vineland City,                2.5
                                       Cumberland County.
Bridgeton Dying & Finishing Corp....  Bridgeton City,               2.5
                                       Cumberland County.
Whitehead Bros. Co..................  Haleyville, Cumberland        2.5
                                       County.
Vineland Chemical Co................  Vineland City,                2.5
                                       Cumberland County.
------------------------------------------------------------------------
    (17) A revision submitted by the New Jersey Department of
Environmental Protection consisting of a January 10, 1978 letter
indicating the extension, to July 12, 1978, of ``variances'' to the
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27--9.1 et
seq., Sulfur in Fuel, for 17 facilities and accompanying supplemental
information. The extended ``variances'' including all their terms and
conditions are made a part of the New Jersey State implementation plan.
The facilities affected by these ``variances,'' their locations, and
applicable sulfur-in-fuel-oil limitations until July 12, 1978 are as
follows:
------------------------------------------------------------------------
                                                               Sulfur in
                                                               fuel oil
               Source                        Location         limitation
                                                               (percent
                                                              by weight)
------------------------------------------------------------------------
National Bottle Corp................  Salem City, Salem             2.0
                                       County.
E. I. du Pont de Nemours & Co.......  Deepwater, Salem              1.5
                                       County.
Heinz-U.S.A.........................  Salem City, Salem             2.0
                                       County.
B. F. Goodrich Chemical Co..........  Pedricktown, Salem            1.5
                                       County.
Anchor Hocking Corp.................  Salem City, Salem             2.0
                                       County.
Atlantic City Electric, Deepwater     Penns Grove, Salem            1.5
 Station.                              County.
E. I. du Pont de Nemours & Co.......  Carney's Point, Salem         1.5
                                       County.
Mannington Mills, Inc...............  Salem City, Salem             2.0
                                       County.
Atlantic City Electric, B. L.         Beesley Point, Cape           2.0
 England Station.                      May County.
[[Page 243]]
Kerr Glass Manufacturing Corp.......  Millville City,               2.5
                                       Cumberland County.
Owens Illinois, Inc., Kimble          Vineland City,                2.5
 Products Division.                    Cumberland County.
Leone Industries....................  Bridgeton, Cumberland         2.5
                                       County.
Progresso Food Corp.................  Vineland City,                2.5
                                       Cumberland County.
Bridgeton Dyeing & Finishing Corp...  Bridgeton City,               2.5
                                       Cumberland County.
Vineland Chemical Co................  Vineland City,                2.5
                                       Cumberland County.
Hunt-Wesson Foods, Inc..............  Bridgeton, Cumberland         2.5
                                       County.
Owens Illinois, Inc.................  ......do..............        1.5
------------------------------------------------------------------------
    (18) A revision submitted by the New Jersey Department of
Environmental Protection consisting of a June 26, 1978 letter indicating
the extension, to January 12, 1979 or until such time as the State
places into effect revised permanent sulfur-in-fuel-oil regulations, of
``variances'' to the provisions of the New Jersey Administrative Code
(N.J.A.C.) 7:27-9.1 et seq., Sulfur in Fuel, for 17 facilities and
accompanying supplemental information. The extended ``variances''
including all their terms and conditions are made a part of the New
Jersey State Implementation Plan. The facilities affected by these
``variances'', their locations, and applicable sulfur-in-fuel-oil
limitations until January 12, 1979 or until such time as the State
places into effect and EPA approves revised permanent sulfur-in-fuel-oil
regulations are as follow:
------------------------------------------------------------------------
                                                               Sulfur in
                                                               fuel oil
               Source                        Location         limitation
                                                               (percent
                                                              by weight)
------------------------------------------------------------------------
National Bottle Corp................  Salem City, Salem             2.0
                                       County.
E. I. du Pont de Nemours & Co.......  Deepwater, Salem              1.5
                                       County.
Heinz--U.S.A........................  Salem City, Salem             2.0
                                       County.
B. F. Goodrich Chemical Co..........  Pedricktown, Salem            1.5
                                       County.
Anchor Hocking Corp.................  Salem City, Salem             2.0
                                       County.
Atlantic City Electric, Deepwater     Penns Grove, Salem            1.5
 Station.                              County.
E. I. du Pont de Nemours & Co.......  Carney's Point, Salem         1.5
                                       County.
Mannington Mills, Inc...............  Salem City, Salem             2.0
                                       County.
Atlantic City Electric, B. L.         Beesley Point, Cape           2.0
 England Station.                      May County.
Kerr Glass Manufacturing Corp.......  Milville City,                2.5
                                       Cumberland County.
Owens Illinois, Inc., Kimble          Vineland City,                2.5
 Products Division.                    Cumberland County.
Leone Industries....................  Bridgeton, Cumberland         2.5
                                       County.
Progresso Food Corp.................  Vineland City,                2.5
                                       Cumberland County.
Bridgeton Dyeing and Finishing Corp.  Bridgeton City,               2.5
                                       Cumberland County.
Vineland Chemical Co................  Vineland City,                2.5
                                       Cumberland County.
Hunt-Wesson Foods, Inc..............  Bridgeton, Cumberland         2.5
                                       County.
Owens Illinois, Inc.................  ......do..............        1.5
------------------------------------------------------------------------
    (19) A revision submitted by the New Jersey Department of
Environmental Protection on July 6, 1978 consisting of amendments to the
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-10.1 et
seq., Sulfur in Coal, and accompanying supplemental information.
    (20) A revision consisting of all but one of the sections of the
revised regulation, N.J.A.C. 7:27-6.1 et seq., submitted by the New
Jersey Department of Environmental Protection with a March 31, 1977
cover letter which also transmitted the basis and background document
and the Report of the Public Hearing. The one section that is not
approved as submitted by the State is Section 6.5, ``Variances.''
    (21) A revision submitted by the New Jersey Department of
Environmental Protection on August 10, 1978 consisting of amendments to
the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-9.1
et seq., Sulfur in Fuels, and accompanying supplemental information.
    (22) A comprehensive revision for nonattainment areas entitled,
``Proposed New Jersey State Implementation Plan for the Attainment and
Maintenance of Air Quality Standards,'' submitted, as required by Part D
of the Clean Air Act, on December 29, 1978 by the New Jersey Department
of Environmental Protection.
    (23) Supplementary submittals, pertaining to the plan revision for
nonattainment areas required by Part D of
[[Page 244]]
the Clean Air Act, from the New Jersey Department of Environmental
Protection as follows:
    A package dated April 17, 1979 from the New Jersey Department of
Environmental Protection to EPA entitled, ``N.J. SIP Supplement 1,'' and
covering the State's schedule for future actions, expected costs and
sources of funding, ongoing consultation process, graphical
representation of reasonable further progress, schedule for promulgation
of emission offset rule, commitment to adoption of tall stack policy and
comments on EPA's proposed tall stack policy, discussion and schedule
for resolution of the Bridgeton particulate downwash problem, summary of
particulate emissions inventories for non-attainment areas, request for
extension for submittal of SIP for secondary TSP standard, and expanded
explanation of current I/M program.
    A Supplement 2 to the proposed SIP revision consisting of a cover
letter dated June 20, 1979 and four attachments from the New Jersey
Department of Environmental Protection to EPA covering a proposed
version of the State's new source review regulation, a discussion of
reasonable further progress with respect to volatile organic substance
sources, the design values for ozone in the Metropolitan New York and
Metropolitan Philadelphia Interstate Air Quality Control Regions, and a
proposed version of the State's regulation for the control of volatile
organic substances (VOS).
    A submittal dated July 5, 1979 from the New Jersey Department of
Environmental Protection to EPA covering the State's draft regulation
controlling VOS, operating and maintenance procedures for open top tanks
and surface cleaners covered under the State's draft VOS control
regulation, and evaporative losses from VOS storage tanks.
    A package consisting of a cover letter dated October 3, 1979 from
the New Jersey Department of Environmental Protection to EPA and an
accompanying report covering an analysis of the Bridgeton particulates
downwash problem and the State's effort to execute memoranda of
understanding with its Metropolitan Planning Organization.
    A cover letter received by EPA dated October 19, 1979 from the New
Jersey Department of Environmental Protection together with the State's
adopted regulation for control of VOS, N.J.A.C. 7:27-16.1 et seq., and
``Report of Public Hearing and Basis for promulation .
    A package consisting of a letter dated January 9, 1980 from the New
Jersey Department of Environmental Protection to EPA covering the
conditions on SIP approval which were listed by EPA in the proposed
rulemaking notice for the SIP revision and four references covering the
October 3, 1979 Bridgeton particulates analysis, an updated Bridgeton
particulates analysis, and an energy analysis of certain VOS controls
called for in N.J.A.C. 7:27-16.1 et seq. justifying the State's position
on seasonal variances for certain VOS sources.
    (24) A supplementary submittal, dated February 27, 1980 from the New
Jersey Department of Environmental Protection consisting of five
memoranda of understanding among the New Jersey Departments of
Environmental Protection and Transportation and the following
metropolitan planning organizations:
Atlantic County Urban Area Transportation Study
Cumberland County Urban Area Transportation Study
Delaware Valley Regional Planning Commission
Philipsburg Urban Area Transportation Study
Wilmington Metropolitan Area Planning Council
    (25) Supplementary submittals, dated March 5, April 9 and April 10
from the New Jersey Department of Environmental Protection consisting of
test methods to be used in determining compliance with the provisions of
N.J.A.C. 7:27-16.1 et seq., ``Control and Prohibition of Air Pollution
by Volatile Organic Substances.''
    (26) A supplementary submittal, dated April 22, 1980, from the New
Jersey Department of Environmental Protection and the New Jersey
Department of Transportation consisting of three documents entitled
``The Transportation Planning Process in New Jersey,'' ``Summary of
Financial Resources for Transportation-Air Quality Planning,'' and
``Program for Selection of Needed Transportation Control Measures, April
1980.''
    (27) A supplementary submittal dated August 5, 1980 from the New
Jersey Department of Environmental Protection consisting of revisions to
Subchapter 18 of the New Jersey Administrative Code, entitled, ``Control
and Prohibitions of Air Pollution from Ambient Air Quality in
Nonattainment Areas'' (Emission Offset Rule), N.J.A.C. 7:27-18.1 et seq.
    (28) A supplementary submittal from the State of New Jersey
Department of Environmental Protection, consisting of an Ambient Air
Quality Monitoring SIP revision dated August 1.
[[Page 245]]
    (29) A June 30, 1980 submittal by the New Jersey Department of
Environmental Protection (NJDEP) consisting of an Amended Consent Order
entered into by NJDEP and the Atlantic City Electric Company. This
revision to the New Jersey State Implementation Plan establishes a
construction and testing schedule designed to bring units 1 and 2 at
Atlantic City Electric Company's B.L. England Generating Station at
Beesley's Point, New Jersey, into compliance with New Jersey
Administrative Code (N.J.A.C.) 7:27-3.1 et seq., Control and Prohibition
of Smoke from Combustion of Fuel; N.J.A.C. 7:27-4.1 et seq., Control and
Prohibition of Particulates from Combustion of Fuel; and N.J.A.C. 7:27-
10.1 et seq., Sulfur in Coal, by March 31, 1982 and June 1, 1982,
respectively.
    (30) A supplementary submittal dated April 27, 1981, from the New
Jersey Department of Environmental Protection consisting of newly
adopted revisions to a regulation concerning the Control and Prohibition
of Open Burning, N.J.A.C. 7:27-21 et seq., an Order of Adoption, the
Report of Public Hearing, and the Basis for the Proposed Amendments.
    (31) A supplementary submittal dated July 8, 1981, from the New
Jersey Department of Environmental Protection consisting of newly
adopted revisions to Subchapter 10, Sulfur in Solid Fuels, N.J.A.C.
7:27-10.1 et seq., an Order of Adoption, the Report of Public Hearing,
and the Basis for the Proposed Amendments.
    (32) Revisions submitted on March 17, 1982 and April 27, 1982 by the
New Jersey State Department of Environmental Protection which grant
``cullet variances'' to furnace number 2 of the Anchor Hocking
Corporation's Salem plant and furnaces G, Y, J, K, L, M, R of the Owens-
Illinois, Inc. Vineland plant. The ``cullet variances'' will remain in
effect for up to two years from August 10, 1982.
    (33) A revision submitted by the New Jersey Department of
Environmental Protection on December 16, 1982 consisting of amendments
to the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-
9.1 et seq., Sulfur in Fuels, to provide for ``sulfur dioxide bubbles''
and ``clean conversion incentives.''
    (34) Revisions to the New Jersey State Implementation Plan submitted
on November 23, 1982, January 18, 1983, February 14, 1983, July 11,
1983, July 28, 1983 and September 26, 1983 by the New Jersey Department
of Environmental Protection.
    (35) A supplementary submittal dated July 11, 1983, from the
Department of Environmental Protection consisting of adopted revisions
to: Subchapter 3--``Control and Prohibition of Smoke from Combustion of
Fuel,'' dated October 12, 1977, Subchapter 4--``Control and Prohibition
of Particles from Combustion of Fuel,'' dated October 12, 1977, and
Subchapter 5--``Prohibition of Air Pollution,'' dated October 12, 1977,
of Title 7, Chapter 27 of the New Jersey Administrative Code; the
proposed Regulatory Amendments; the Report of the Public Hearing; and
the Order of Adoption.
    (36) A revision submitted by the New Jersey Department of
Environmental Protection to allow U.S. Gypsum Co. temporarily to burn
fuel oil with a sulfur content of 2.0 percent, by weight, at either
Boiler 1, 2, or 3 at its Clark, New Jersey plant. The New Jersey
submittal consists of an April 14, 1983 letter transmitting a State
issued February 14, 1983 Public Notice and a letter dated March 14, 1983
transmitting an Administrative consent order detailing procedures to be
used by the State to determine compliance. This revision will remain in
effect until March 31, 1985 or until Boiler 4 is ready to burn coal,
whichever occurs first.
    (37) Three permanently adopted regulations were submitted on January
27, 1984 and February 1, 1984 regarding the operation of the inspection
and maintenance program. These regulations pertain specifically to
operating procedures for private inspection stations (New Jersey
Administrative Code (N.J.A.C.) 13:20-33.1, 33.2, 33.50, and 33.51.),
mechanic certification requirements (N.J.A.C. 13:20-32.4, 32.14, and
32.15), and specifications for exhaust gas analyzers (N.J.A.C. 7:27-
15.1).
[[Page 246]]
    (38) The New Jersey State Implementation Plan for attainment and
maintenance of the lead standards was submitted on May 1 and August 15,
1984, and on April 22, April 29, May 17, and July 16, 1985 by the New
Jersey Department of Environmental Protection.
    (i) Incorporated by reference.
    (A) Revisions to N.J.A.C. 7:27-8, ``Permits and Certificates,''
effective April 5, 1985.
    (B) Revisions to N.J.A.C. 7:27-13, ``Ambient Air Quality
Standards,'' effective June 25, 1985.
    (C) Revisions to N.J.A.C. 7:27-18, ``Control and Prohibition of Air
Pollution from New or Altered Sources Affecting Ambient Air Quality
(Emission Offset Rule),'' effective March 11, 1985.
    (D) A July 16, 1985 letter from the Department of Environmental
Protection; with attachment of letter dated July 15, 1985, contains
schedules for revising N.J.A.C. 7:27-6, ``Control and Prohibition of
Particles from Manufacturing Process,'' to incorporate maximum allowable
emission rates for lead and for adopting a new section, N.J.A.C. 7:27-
19, to govern the combustion of liquid fuels, if necessary.
    (E) ``RACT-plus studies'' to determine strategies to eliminate
violation of the lead standards in the vicinity of Heubach, Inc., Newark
and Delco Remy, New Brunswick will be completed by November 1, 1985 and
control measures will be selected by January 1986.
    (ii) Additional material.
    (A) Narrative submittal of the Lead SIP, including attainment
demonstration, air quality data and summary of both current and
projected lead emissions.
    (39) A revision to the plan for attainment of the particulate matter
standards submitted by the New Jersey Department of Environmental
Protection on February 21, March 14, and November 18, 1985.
    (i) Incorporation by reference.
    (A) Revisions to N.J.A.C. 7:27-14, ``Control and Prohibition of Air
Pollution from Diesel-Powered Motor Vehicles,'' effective July 1, 1985.
    (B) Adoption of a new section of N.J.A.C. 7:27B-4 entitled ``Air
Test Method 4, Testing Procedures for Motor Vehicles,'' effective July
1, 1985.
    (C) The following sections of N.J.A.C. 16:53 ``Autobus
Specifications which was effective on October 17, 1983:
Subchapter 3, Autobus Specifications
    3.23  Certificate of Inspection
    3.24  Maintenance and inspection
    3.27  Exhaust Systems
Subchapter 6, Autobus Specifications for Small Bus
    6.15  Exhaust System
    6.21  Certificate of Inspection
    6.30  Maintenance and inspection
Subchapter 7, Specifications for Special Autobus Type Recreational
Vehicles
    7.14  Exhaust Systems
    7.17  Certificate of Inspection
    7.23  Maintenance and inspection
Subchapter 8, Specifications for Sedan Type Autobuses
    8.15  Exhaust System
    8.22  Certificate of Inspection
    8.25  Maintenance and inspection
    (40) A revision to the New Jersey State Implementation Plan for
attainment and maintenance of the ozone standards was submitted on April
22, 1985 by the New Jersey Department of Environmental Protection.
    (i) Incorporated by reference.
    (A) Table 2 in section 18.4(b) of N.J.A.C. 7:27-18, ``Control and
Prohibition of Air Pollution from New or Altered Sources Affecting
Ambient Air Quality (Emission Offset Rule),'' effective March 11, 1985.
    (41) A revision to the New Jersey State Implementation Plan (SIP)
for lead was submitted on December 1, 1986, by the New Jersey Department
of Environmental Protection.
    (i) Incorporated by reference.
    (A) The following operating permit amendments for the Delco Remy
facility in New Brunswick:
------------------------------------------------------------------------
         Permit amendment numbers              Permit amendment dates
------------------------------------------------------------------------
286-1166 through 286-1184.................   All permits effective 9/24/
                                             86.
------------------------------------------------------------------------
    (B) The following operating permit amendments for the Heubach Inc.
facility in Newark:
------------------------------------------------------------------------
         Permit amendment numbers              Permit amendment dates
------------------------------------------------------------------------
286-0523 through 286-0531.................  All permits effective 4/30/
                                             86.
286-0286, 286-0287, 286-0289, 286-0290....  All permits effective 2/26/
                                             86.
------------------------------------------------------------------------
    (ii) Additional material.
[[Page 247]]
    (A) Technical documentation of ambient modeling and monitoring for
lead in the vicinity of Delco Remy, New Brunswick.
    (B) Technical documentation of ambient modeling and monitoring for
lead in the vicinity of Heubach Inc., Newark.
    (42) A revision to the New Jersey State Implementation Plan (SIP)
for lead submitted on July 23, 1987 by the New Jersey Department of
Environmental Protection (NJDEP) and finalized on September 25, 1987.
    (i) Incorporation by reference.
    (A) A March 4, 1986 Administrative Order and Notice of Civil
Administrative Penalty Assessment (Log  A860244) from the New Jersey
Department of Environmental Protection to the United States Metals
Refining Company (USMR).
    (B) Letter of March 11, 1987 from Greenberg and Prior, attorneys for
USMR, to Anthony J. McMahon, Department of Environmental Protection,
Trenton, New Jersey.
    (ii) Additional material.
    (A) July 1987 Modeling Analysis for the Anchor Abrasives facility.
    (B) Summary of public comments and response to comments for the
revision of the N.J. SIP for lead in the vicinity of USMR.
    (C) USMR's comments on the revised N.J. SIP for lead in the vicinity
of USMR.
    (43) [Reserved]
    (44) A revision to the State Implementation Plan for Ozone submitted
on October 13, 1987 by the New Jersey Department of Environmental
Protection.
    (i) Incorporation by reference.
    Subchapter 2A of chapter 26, title 7 of the New Jersey
Administrative Code, ``Additional, Specific Disposal Regulations for
Sanitary Landfills,'' effective June 1, 1987.
    (ii) Additional material.
    New Jersey Department of Environmental Protection memorandum on
landfill gas emissions and control, dated October 7, 1987.
    (45) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone submitted on January 27, 1989 by the New Jersey State Department
of Environmental Protection (NJDEP) for its state gasoline volatility
program, including any waivers that may be granted under the program by
the state. In 1989, the control period will begin on June 30.
    (i) Incorporation by reference. Subchapter 25 of chapter 27, title 7
of the New Jersey Administrative Code entitled ``Control and Prohibition
of Air Pollution by Vehicular Fuels,'' adopted on January 27, 1989 and
effective on February 21, 1989.
    (ii) Additional material. April 27, 1989 letter from Christopher
Daggett, NJDEP, to William Muszynski, EPA Region II.
    (46) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning motor vehicle refueling controls dated February 22,
1988, submitted by the New Jersey Department of Environmental Protection
(NJDEP).
    (i) Incorporation by reference:
    Amendments to sections 16.1 and 16.3 of subchapter 16 of title 7 of
the New Jersey Administrative Code, entitled ``Control and Prohibition
of Air Pollution by Volatile Organic Substances,'' effective January 19,
1988.
    (ii) Additional material:
    (A) February 22, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad
Simon, EPA, requesting EPA approval of the amendments to subchapter 16.
    (B) April 18, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad
Simon, EPA, providing copies of the test methods and permit approval
conditions applicable to Stage II vapor recovery systems in New Jersey.
    (d) Plan revisions were submitted on September 26, 1972.
    (47) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning the motor vehicle inspection and maintenance (I/M)
program dated March 6, 1987, submitted by the New Jersey Department of
Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Amendments to title 7, chapter 27, subchapter 15 of the New
Jersey Administrative Code, entitled ``Control and Prohibition of Air
Pollution From Gasoline-Fueled Motor Vehicles,'' effective January 21,
1985.
[[Page 248]]
    (B) Amendments to title 13, chapter 20, subchapter 28 of the New
Jersey Administrative Code, entitled ``Enforcement Service Inspection of
New Passenger Vehicles and New Motorcycles,'' effective January 21,
1985.
    (ii) Additional material.
    (A) July 24, 1990 letter from David West, NJDEP, to Rudolph
Kapichak, EPA, submitting the results of the study by Pacific
Environmental Services on the health risks of performing the fuel inlet
restrictor inspections.
    (B) July 1, 1990 letter from David West, NJDEP, to Rudolph Kapichak,
EPA, notifying of the resumption of fuel inlet restrictor inspections.
    (48) A revision submitted on June 3, 1988 by the New Jersey
Department of Environmental Protection (NJDEP) to revise its
implementation plan to include revised testing procedures.
    (i) Incorporation by reference: New Jersey Administrative Code
7:27B-3, ``Air Test Method 3--Sampling and Analytical Procedures for the
Determination of Volatile Organic Substances from Source Operations,''
effective 9/8/86.
    (ii) Additional material: October 15, 1990 letter from William
O'Sullivan, NJDEP to William S. Baker, EPA.
    (49) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning the control of fugitive gasoline vapors resulting from
the loading of marine transport vessels, dated June 20, 1990, submitted
by the New Jersey Department of Environmental Protection and Energy
(NJDEPE).
    (i) Incorporation by reference.
    (A) Amendments to Title 7, Chapter 27, Subchapter 16 of the New
Jersey Administrative Code, entitled ``Control and Prohibition of Air
Pollution by Volatile Organic Substances,'' effective February 6, 1989.
    (B) Amendment to Title 7, Chapter 27, Subchapter 16 of the New
Jersey Administrative Code, entitled ``Control and Prohibition of Air
Pollution by Volatile Organic Substances,'' effective December 4, 1989.
    (ii) Additional material.
    (A) June 20, 1990, letter from Anthony J. McMahon, NJDEPE, to Conrad
Simon, EPA, requesting EPA approval of the amendments to subchapter 16.
    (50) Regulation entitled ``Volatile Organic Substances in Consumer
Products'' N.J.A.C. 7-27-23.1 et seq., dated July 30, 1990, submitted by
the New Jersey Department of Environmental Protection and Energy
(NJDEPE).
    (i) Incorporation by reference: (A) Title 7, Chapter 27, Subchapter
23 of the New Jersey Administrative Code, entitled ``Volatile Organic
Substances in Consumer Products'' effective February 21, 1989.
    (B) Amendment to Title 7, Chapter 27, Subchapter 23 of the New
Jersey Administrative Code, entitled ``Volatile Organic Substances in
Consumer Products'' effective December 12, 1989.
    (C) Amendment to Title 7, Chapter 27, Subchapter 23 of the New
Jersey Administrative Code, entitled ``Volatile Organic Substances in
Consumer Products'' effective August 9, 1990.
    (ii) Additional material: (A) July 30, 1990 letter from Anthony J.
McMahon, NJDEPE, to Conrad Simon, EPA, requesting EPA approval of
Subchapter 23.
    (51) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from
stationary sources, dated March 31, 1987, December 7, 1989, and March
13, 1992, submitted by the New Jersey State Department of Environmental
Protection and Energy (NJDEPE).
    (i) Incorporation by reference.
    (A) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code Subchapter 16, ``Control and Prohibition of Air
Pollution by Volatile Organic Substances,'' effective September 22,
1986,
    (B) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code Subchapter 16, ``Control and Prohibition of Air
Pollution by Volatile Organic Substances,'' effective June 19, 1989,
    (C) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code: Subchapter 8, ``Permits and Certificates, Hearings,
and Confidentiality,'' effective March 2, 1992; Subchapter 16, ``Control
and Prohibition of Air Pollution by Volatile Organic Compounds,''
effective March 2, 1992, Subchapter 17, ``Control and Prohibition of
[[Page 249]]
Air Pollution by Toxic Substances,'' effective March 2, 1992; Subchapter
23, ``Prevention of Air Pollution by Architectural Coatings and Consumer
Products,'' effective March 2, 1992; Subchapter 25, ``Control and
Prohibition of Air Pollution from Vehicular Fuels,'' effective March 2,
1992; and Subchapter 3, ``Air Test Method 3: Sampling and Analytic
Procedures for the Determination of Volatile Organic Compounds from
Source Operations,'' effective March 2, 1992.
    (ii) Additional material.
    (A) March 31, 1987, letter from Jorge Berkowitz, NJDEP, to Conrad
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (B) December 7, 1989, letter from Anthony McMahon, NJDEP, to Conrad
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (C) March 13, 1992, letter from Nancy Wittenberg, NJDEPE, to Conrad
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (52) Amendments submitted on April 21, 1993 by the New Jersey
Department of Environmental Protection and Energy to New Jersey Air Code
7:27-25 revising the testing requirements to gasoline providers in New
Jersey are subject.
    (i) Incorporation by reference:
    (A) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code Subchapter 25, ``Control and Prohibition of Air
Pollution from Vehicular Fuels,'' effective September 3, 1991.
    (53) A revision to the New Jersey State Implementation Plan (SIP)
for an Emission Statement Program dated February 19, 1993, submitted by
the New Jersey Department of Environmental Protection and Energy.
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 21, of the New Jersey
Administrative Code entitled, ``Emission Statements,'' effective March
15, 1993.
    (ii) Additional information:
    (A) May 24, 1993 letter from John Elston to Conrad Simon, EPA,
transmitting supporting documentation necessary for approval of the SIP
revisions. These items included:
    (1) Notice of Adoption, March 15, 1993.
    (2) Justification of Gasoline Dispensing Facility Exemption.
    (B) October 29, 1993 letter from John Elston to Conrad Simon, EPA,
transmitting legislative language to reflect change in New Jersey's Air
Pollution Control Act regarding confidentiality provisions.
    (C) February 3, 1994 letter from John Elston to Conrad Simon, EPA,
requesting the use of EPA's Emission Statement waiver provision.
    (54) Revisions to the New Jersey State Implementation Plan (SIP) for
carbon monoxide concerning the control of carbon monoxide from mobile
sources, dated November 15, 1992 and November 21, 1994 submitted by the
New Jersey State Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Chapter 27, Title 7 of the New Jersey Administrative Code
Subchapter 18, ``Control and Prohibition of Air Pollution from New or
Altered Sources Affecting Ambient Air Quality (Emission Offset Rules),''
effective March 15, 1993.
    (ii) Additional material.
    (A) November 21, 1994, Technical update to the New Jersey Carbon
Monoxide SIP.
    (55)-(56)  [Reserved]
    (57) The redesignation and maintenance plan for Camden County and
the Nine not-classified areas (the City of Trenton, the City of
Burlington, the Borough of Penns Grove (part), the Borough of Freehold,
the City of Morristown, the City of Perth Amboy, the City of Toms River,
the Borough of Somerville, and the City of Atlantic City) submitted by
the New Jersey Department of Environmental Protection on September 28,
1995, as part of the New Jersey SIP. The 1990 Baseline CO Emission
Inventory for the State of New Jersey was submitted on November 15, 1992
and a Technical Update was submitted on November 21, 1994.
    (i) Incorporation by reference.
    (A) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation And Maintenance Plan For Camden County,'' section 5.f,
effective date September 28, 1995.
    (B) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation and Maintenance Plan for the
[[Page 250]]
Nine Not-Classified Nonattainment Areas,'' section 5.f, effective date
September 28, 1995.
    (ii) Additional material.
    (A) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation And Maintenance Plan For Camden County'' with appendices,
September 28, 1995.
    (B) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation and Maintenance Plan for the Nine Not-Classified
Nonattainment Areas'' with appendices, September 28, 1995.
    (58) Revisions to the New Jersey State Implementation Plan (SIP) for
carbon monoxide concerning the oxygen content of motor vehicle gasoline,
dated November 15, 1992 submitted by the New Jersey State Department of
Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code Chapter 27, Subchapter 25, ``Control and Prohibition
of Air Pollution by Vehicular Fuels,'' effective October 5, 1992 (as
limited in Sec. 52.1605).
    (59) Revisions to the State Implementation Plan submitted by the New
Jersey Department of Environmental Protection on May 26, 1995, November
8, 1995, January 10, 1996 and October 10, 1996.
    (i) Incorporation by reference.
    (A) Conditions of Approval Documents (COAD):
    The following facilities have been issued conditions of approval
documents by New Jersey:
    (1) Edgeboro Disposal's landfill gas flares, Middlesex County, NJ
COAD approval dated April 13, 1995, revised October 19, 1995 (effective
November 6, 1995).
    (2) E.I. duPont DeNemours and Co.'s carbon regeneration furnace,
Salem County, NJ COAD approval dated June 7, 1995.
    (3) Hoeganaes Corp.'s electric arc furnace and tunnel kiln,
Burlington County, NJ COAD approval dated February 3, 1995.
    (4) E.I. duPont DeNemours and Co.'s hazardous waste incinerator,
Salem County, NJ COAD approval dated July 7, 1995.
    (5) Rollins Environmental Services' hazardous waste incinerator,
Gloucester County, NJ COAD approval dated May 25, 1995.
    (6) American Ref-Fuel's Municipal Waste Incinerator, Essex County,
NJ NO<INF>X</INF> RACT approval dated February 6, 1995.
    (7) Union County Utilities Authority's Municipal Waste Incinerator,
Union County; NJ NO<INF>X</INF> RACT approval dated May 10, 1994 with an
attached permit to construct, operate, and a PSD permit dated December
29, 1989.
    (8) PSE&G's Hudson Station Unit No. 2 utility boiler, Hudson County,
NJ COAD approval dated May 9, 1995.
    (9) Algonquin Gas Transmission Co.'s simple cycle combustion
turbines, Morris County, NJ COAD approval dated March 31, 1995.
    (10) Hoffmann-La Roche's combined cycle combustion turbines, Essex
County, NJ COAD approval dated May 8, 1995.
    (11) International Flavors and Fragrances' non-utility boiler Number
5, Monmouth County, NJ COAD approval dated June 9, 1995.
    (12) Parsippany-Troy Hills Township Sewer Authority's sewage sludge
incinerators, Morris County, NJ COAD approval dated October 13, 1995.
    (13) Johnson Matthey's multi-chamber metals recovery furnace,
Gloucester County, NJ COAD approval dated June 13, 1995.
    (14) 3M Company's rotary kiln and dryers, Somerset County, NJ COAD
approval dated May 4, 1995.
    (15) Sandoz Pharmaceuticals Corporation's trash fired boiler, Morris
County, NJ COAD approval dated March 23, 1995.
    (16) General Motors Corporation's non-utility boiler (No.4), Mercer
County, NJ COAD approval dated June 22, 1995.
    (17) General Motors Corporation's Topcoat system, Union County, NJ
COAD approval dated November 6, 1995.
    (18) United States Pipe and Foundry Company's cupolas and annealing
ovens (No. 2 and No. 3), Burlington County, NJ COAD approval dated
October 16, 1995.
[[Page 251]]
    (19) Griffin Pipe Products Company's cupola and annealing furnace,
Burlington County, NJ COAD approval dated December 14, 1995.
    (20) Texas Eastern Transmission Corporation's internal combustion
engines, Hunterdon County, NJ COAD approval dated May 9, 1995.
    (21) Texas Eastern Transmission Corporation's internal combustion
engines, Union County, NJ COAD approval dated May 9, 1995.
    (ii) Additional information. Documentation and information to
support NO<INF>X</INF> RACT facility-specific emission limits or
alternative emission limits in four letters addressed to Regional
Administrator Jeanne M. Fox from New Jersey Commissioner Robert C.
Shinn, Jr. dated:
    (A) May 26, 1995 for two SIP revisions;
    (B) November 8, 1995 for eight SIP revisions;
    (C) January 10, 1996 for ten SIP revisions; and
    (D) October 10, 1996 for two SIP revisions.
    (60) A revision to the New Jersey State Implementation Plan (SIP)
for ozone for adoption of rules for application of reasonably available
control technology (RACT) for oxides of nitrogen (NO<INF>X</INF> dated
November 15, 1993, submitted by the New Jersey Department of
Environmental Protection and Energy.
    (i) Incorporation by reference.
    (A) Title 7, Chapter 27, Subchapter 19, of the New Jersey
Administrative Code entitled ``Control and Prohibition of Air Pollution
from Oxides of Nitrogen,'' effective December 20, 1993.
    (ii) Additional information:
    (A) November 15, 1993 letter from Jeanne Fox, NJDEPE, to William J.
Muszynski, EPA, requesting EPA approval of Subchapter 19.
    (61)  [Reserved]
    (62) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from consumer
and commercial products, dated January 25, 1996 submitted by the New
Jersey Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Title 7, Chapter 27, Subchapter 24, of the New Jersey
Administrative Code entitled ``Control and Prohibition of Volatile
Organic Compounds from Consumer and Commercial Products'' effective
November 6, 1995.
    (ii) Additional material.
    (A) January 25, 1996 letter from Robert C. Shinn, Jr., NJDEP, to
Jeanne M. Fox, EPA, requesting EPA approval of Subchapter 24.
    (63) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from
stationary sources, dated November 15, 1993 and two revisions dated June
21, 1996 submitted by the New Jersey Department of Environmental
Protection (NJDEP).
    (i) Incorporation by reference:
    (A) Amendments effective December 20, 1993 to Title 7, Chapter 27 of
the New Jersey Administrative Code Subchapter 16, ``Control and
Prohibition of Air Pollution by Volatile Organic Compounds.''
    (B) Amendments effective June 20, 1994 to Title 7, Chapter 27 of the
New Jersey Administrative Code: Subchapter 8, ``Permits and
Certificates'' (sections 8.1 and 8.2), Subchapter 16, ``Control and
Prohibition of Air Pollution by Volatile Organic Compounds,'' Subchapter
17, ``Control and Prohibition of Air Pollution by Toxic Substances,''
Subchapter 23, ``Prevention of Air Pollution From Architectural Coatings
and Consumer Products,'' and Subchapter 25, ``Control and Prohibition of
Air Pollution by Vehicular Fuels.'' Amendments effective June 20, 1994
to Title 7, Chapter 27B, Subchapter 3 of the New Jersey Administrative
Code Air Test Method 3--``Sampling and Analytical Procedures for the
Determination of Volatile Organic Compounds from Source Operations.''
    (C) Amendments effective December 5, 1994 to Title 7, Chapter 27 of
the New Jersey Administrative Code Subchapter 16, ``Control and
Prohibition of Air Pollution by Volatile Organic Compounds.''
    (D) Amendments effective May 15, 1995 to Title 7, Chapter 27 of the
New Jersey Administrative Code Subchapter 16, ``Control and Prohibition
of
[[Page 252]]
Air Pollution by Volatile Organic Compounds.''
    (E) Amendments effective July 17, 1995 to Title 7, Chapter 27 of the
New Jersey Administrative Code Subchapter 16, ``Control and Prohibition
of Air Pollution by Volatile Organic Compounds.''
    (ii) Additional material:
    (A) November 15, 1993 letter from Jeanne Fox, NJDEP, to William J.
Muszynski, EPA, requesting EPA approval of Subchapter 16.
    (B) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne
M. Fox, EPA, requesting EPA approval of Subchapters 8, 16, 17, 23, 25
and Air Test Method 3.
    (C) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne
M. Fox, EPA, requesting EPA approval of Subchapter 16.
    (64) Revisions to the State Implementation Plan submitted by the New
Jersey Department of Environmental Protection on June 18, 1996, July 10,
1996, December 17, 1996 and May 2, 1997.
    (i) Incorporation by reference.
    (A) Conditions of Approval Documents (COAD) or Facility Wide Permit.
The following facilities have been issued COADs or facility wide permits
by New Jersey:
    (1) Geon Company's direct-fired dryers, Salem County, NJ facility
wide permit dated January 30, 1997. Incorporation by reference includes
only the pages with permit limits related to the dryers.
    (2) PQ Corporation/Industrial Chemicals' Sodium Silicate Furnace,
Middlesex County, NJ COAD approval dated December 2, 1994.
    (3) Air Products and Chemicals' Hazardous Waste Incinerator,
Gloucester County, NJ COAD approval dated January 25, 1996.
    (4) Stony Brook Regional Sewerage Authority's sewage sludge
incinerators, Mercer County, NJ COAD approval dated October 27, 1995 and
modified on May 16, 1996.
    (5) Township of Wayne, Mountain View Water Pollution Control
Facility's sewage sludge incinerators, Passaic County, NJ COAD approval
dated September 20, 1996.
    (6) Atlantic States Cast Iron Pipe Company's cupola and annealing
oven, Warren County, NJ COAD approval dated November 22, 1994.
    (7) Warren County Resource Recovery Facility's Municipal Waste
Incinerators, Warren County, NJ COAD dated August 1, 1996.
    (8) Hercules Incorporated's Nitration System, Acid Concentrators,
and Open Pit Burner, Union County, NJ COAD dated May 1, 1996.
    (9) US Department of Navy, Naval Air Warfare Center Aircraft
Division's jet engine test cells, Mercer County, NJ COAD approval dated
October 31, 1995.
    (10) Atlantic Electric Company's Utility Boiler #8, Salem County, NJ
COAD approval dated February 25, 1997.
    (11) U.S. Generating Company--Carneys Point Generating Plant's
auxiliary boiler, Salem County, NJ COAD approval dated February 2, 1996.
    (12) U.S. Generating Company--Logan Generating Plant's auxiliary
boiler, Salem County, NJ COAD approval dated February 2, 1996.
    (13) Schering Corporation's heat recovery steam generator with duct
burner, Union County, NJ COAD approval dated January 5, 1996.
    (14) [Reserved]
    (15) Elizabethtown Water Company's internal combustion engines,
Somerset County, NJ COAD approval dated May 8, 1996.
    (ii) Additional information--Documentation and information to
support NO<INF>x</INF> RACT facility-specific emission limits,
alternative emission limits, or repowering plan in four letters
addressed to Regional Administrator Jeanne M. Fox from New Jersey
Commissioner Robert C. Shinn, Jr. dated:
    (A) June 18, 1996 for four SIP revisions,
    (B) July 10, 1996 for three SIP revisions,
    (C) December 17, 1996 for five SIP revisions,
    (D) May 2, 1997 for three SIP revisions.
    (65) Revision to the New Jersey State Implementation Plan (SIP) for
ozone, submitting a New Jersey Clean Fleets program with Ozone Transport
Commission Low Emission Vehicle (OTC-LEV) program as an effective
backstop, substituted for the Clean Fuel Fleet program, dated February
15, 1996,
[[Page 253]]
March 29, 1996, and March 6, 1997, submitted by the New Jersey
Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference. Title 7, Chapter 27, Subchapter 26,
``Ozone Transport Commission Low Emission Vehicles Program,'' effective
December 18, 1995.
    (ii) Additional material.
    (A) Letter dated February 15, 1996 from NJDEP Commissioner Shinn to
Region 2 Administrator Jeanne M. Fox transmitting first version of NJCF
program.
    (B) Letter dated March 29, 1996 from NJDEP Commissioner Shinn to
Region 2 Administrator Jeanne M. Fox supplementing February 15, 1996
submittal.
    (C) ``SIP Revision for the Attainment and Maintenance of the Ozone
National Ambient Air Quality Standards, New Jersey Clean Fleets (NJCF)
SIP,'' March 6, 1997.
    (1) NJCF Appendix D: ``New Jersey Clean Fleets (NJCF) Program (1996
Action Plan Recommendations).''
    (2) NJCF Appendix H: Response to Public Comments, NJCF Program,
dated February 14, 1997.
    (3) February 20, 1998 letter from Sharon Haas, Principal
Environmental Specialist, NJDEP, to George Krumenacker, Transportation
Services Specialist I, Bureau of Transportation Services, New Jersey
Department of Treasury.
    (4) March 25, 1998 Memo from Colleen Woods, Acting Director, Motor
Vehicle Services, to Sharon Haas, Principal Environmental Specialist,
NJDEP.
    (66) A revision to the New Jersey State Implementation Plan (SIP)
for ozone concerning revisions to the rule for requiring reasonably
available control technology (RACT) for sources emitting oxides of
nitrogen (NO<INF>x</INF>) dated March 24, 1995, submitted by the New
Jersey Department of Environmental Protection.
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 19, of the New Jersey
Administrative Code entitled ``Control and Prohibition of Air Pollution
from Oxides of Nitrogen,'' effective April 17, 1995.
    (ii) Additional information:
    (A) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne
M. Fox, EPA, requesting EPA approval of revisions to Subchapter 19.
    (67) Revision to the New Jersey State Implementation Plan (SIP) for
ozone, submitting amended New Jersey Ozone Transport Commission--Low
Emission Vehicle (OTC-LEV) program, Opting into the National Low
Emission Vehicle (National LEV) Program, dated February 22, 1999,
submitted by the New Jersey Department of Environmental Protection
(NJDEP).
    (i) Incorporation by reference: Title 7, Chapter 27, Subchapter 26,
``Ozone Transport Commission--Low Emission Vehicles Program,'' effective
March 1, 1999.
    (ii) Additional information: Letter from the New Jersey Department
of Environmental Protection Commissioner Shinn, dated February 22, 1999,
submitting a revision to the New Jersey State Implementation Plan for
the National Low Emission Vehicle program.
    (68) Revisions to the New Jersey State Implementation Plan (SIP) for
carbon monoxide concerning the oxyfuel program, dated August 7, 1998,
submitted by the New Jersey State Department of Environmental Protection
(NJDEP).
    (i) Incorporation by reference:
    Amendments to Title 7, Chapter 27 of the New Jersey Administrative
Code Subchapter 25, ``Control and Prohibition of Air Pollution by
Vehicular Fuels,'' effective August 17, 1998 (as limited in section
52.1605).
[37 FR 10880, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1570, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.1571  Classification of regions.
    The New Jersey plan was evaluated on the basis of the following
classifications:
[[Page 254]]
----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
New Jersey-New York-Connecticut Interstate...........           I          I         I         I             I
Metropolitan Philadelphia Interstate.................           I          I       III         I             I
Northeast Pennsylvania-Upper Delaware Valley                    I         II       III       III           III
 Interstate..........................................
New Jersey Intrastate................................         III         IA       III         I           III
----------------------------------------------------------------------------------------------------------------
[37 FR 10880, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]
Sec. 52.1572  Extensions.
    Pursuant to section 186(a)(4) of the Clean Air Act, as amended in
1990, the Regional Administrator hereby extends for one year (until
December 31, 1996) the attainment date for the New York-Northern New
Jersey-Long Island Consolidated Metropolitan Statistical Carbon Monoxide
nonattainment area.
[61 FR 56900, Nov. 5, 1996]
Sec. 52.1573  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves New Jersey's plans for attainment and maintenance of the
national ambient air quality standards under section 110 of the Clean
Air Act. Furthermore, the Administrator finds that the plan satisfies
all requirements of Part D, Title I, of the Clean Air Act, as amended in
1977, except as noted below in Sec. 52.1581. In addition, continued
satisfaction of the requirements of Part D for the ozone portion of the
SIP depends on the adoption and submittal of RACT requirements by July
1, 1980 for the sources covered by CTGs issued between January, 1978 and
January, 1979 and adoption and submittal by each subsequent January of
additional RACT requirements for sources covered by CTGs issued by the
previous January.
[45 FR 15541, Mar. 11, 1980]
Sec. 52.1574  General requirements.
    (a) The requirements of Sec. 51.116(c) of this chapter are not met
since the legal authority to provide for public availability of emission
data is inadequate.
    (b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
    (2) Commencing after the initial 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
[[Page 255]]
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 34537, Sept. 26, 1974, as amended at 40 FR 55331, Nov. 28, 1975;
51 FR 40676, Nov. 7, 1986]
Sec. 52.1575  Legal authority.
    (a) The requirements of Sec. 51.230(f) of this chapter are not met,
since section 26:2C-9 of the New Jersey Air Pollution Control Law could,
in some circumstances, prohibit the disclosure of emission data to the
public. Therefore, section 26:2C-9 is disapproved.
[39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.1576  Control strategy: Nitrogen dioxide.
    (a) The requirements of Sec. 52.14(c)(3) of this chapter as of May
8, 1974 (39 FR 16346), are not met since the plan does not provide for
the degree of nitrogen oxides emission reduction attainable through the
application of reasonably available control technology in the New Jersey
portions of the New Jersey-New York-Connecticut Region.
[37 FR 10880, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 51
FR 40677, Nov. 7, 1986]
Sec. 52.1577  Compliance schedules.
    (a) [Reserved]
    (b) The requirements of Sec. 51.261 of this chapter are not met
since Chapter 7, section 7.1(c) of New Jersey's ``Air Pollution Control
Code'' permits certain sources to defer compliance with Chapter 7 until
after the required date for attainment of the national standards for
particulate matter.
    (c) The requirements of Sec. 51.262(a) of this chapter are not met
since Chapter 7 of New Jersey's ``Air Pollution Control Code'' does not
provide for periodic increments of progress toward compliance for those
sources with compliance schedules extending over a period of 18 or more
months.
    (d) Regulation for increments of progress. (1) Except as provided in
paragraph (d)(2) of this section, the owner or operator of any
stationary source in the State of New Jersey to which an exception
extending beyond January 31, 1974, is applicable under Chapter 7,
section 7.1(c) of the New Jersey Air Pollution Control Code shall, no
later than 120 days following the effective date of this paragraph,
submit to the Administrator for approval, a proposed compliance schedule
that demonstrates compliance with the emission limitations prescribed by
Chapter 7 of the New Jersey Air Pollution Control Code as expeditiously
as practicable but no later than July 31, 1975. The compliance schedule
shall provide for periodic increments of progress towards compliance.
The dates for achievement of such increments shall be specified.
Increments of progress shall include, but not be limited to: Submittal
of the final control plan to the Administrator; letting of necessary
contracts for construction or process changes or issuance of orders for
the purchase of component parts to accomplish emission control or
process modification; initiation of onsite construction or installation
of emission control equipment or process change; completion of onsite
construction or installation of emission control equipment or process
modification; and final compliance.
    (2) Where any such owner or operator demonstrates to the
satisfaction of the Administrator that compliance with the applicable
regulations will be achieved on or before January 31, 1974, no
compliance schedule shall be required.
    (3) Any owner or operator required to submit a compliance schedule
pursuant to this paragraph shall within 5 days after the deadline for
each increment of progress, certify to the Administrator whether or not
the required increment of the approved compliance schedule has been met.
[[Page 256]]
    (4) Any compliance schedule adopted by the State and approved by the
Administrator shall satisfy the requirements of this paragraph for the
affected source.
[37 FR 10880, May 31, 1972, as amended at 37 FR 23090, Oct. 28, 1972; 38
FR 12713, May 14, 1973; 40 FR 30962, July 24, 1975; 51 FR 40676, 40677,
Nov. 7, 1986; 54 FR 25258, June 14, 1989]
Sec. 52.1578  Review of new sources and modifications.
    (a) Subchapter 18 of the New Jersey Administrative Code, entitled,
``Control and Prohibitions of Air Pollution from Ambient Air Quality in
Nonattainment Areas (Emission Offset Rule),'' N.J.A.C. 7:27-18.1 et
seq., as submitted to EPA on August 5, 1980 by the New Jersey Department
of Environmental Protection, is approved for the entire State of New
Jersey, with the following provisions:
    (1) The definition of ``significant emission increase'' as it
appears in section 7:27-18.1, entitled, ``Definitions,'' is disapproved.
The following definition of ``significant emission increase'' is
applicable: ``An increase, since December 21, 1976, in the rate of
allowable emissions, including fugitive pollutant emissions, at a
facility of any criteria pollutant greater than or equal to 50 tons per
year, 1,000 pounds per day, or 100 pounds per hour, not including
decreases in the rates of allowable emissions except where such
decreases are contemporaneous with emission increases. The increase in
the rates of allowable emissions shall be the cumulative total of
increases from all new or altered equipment for which permits have been
issued on or after December 21, 1976 and for which permit applications
have been received by the Department, and the fugitive emissions
associated with that equipment. The hourly and daily rates shall apply
only with respect to a pollutant for which a national ambient air
quality standard for a period not exceeding 24 hours has been
established.
    (2) Subsection (e)(1) under section 7:27-18.2, entitled, ``General
Provisions,'' is disapproved and replaced with the following: ``The
requirements of paragraphs (c)(3), (c)(4), and (c)(5) of this section
shall again become applicable when proposed new construction or
alterations at the facility would cause the increase in the rate of
allowable emissions of that criteria pollutant to again exceed 50 tons
per year, 1,000 pounds per day, or 100 pounds per hour whichever is most
restrictive. The accumulation of increases in the rate of allowable
emissions shall resume from zero after each application of paragraphs
(c)(3) and (c)(4) of this section.''
[39 FR 7282, Feb. 25, 1974, as amended at 46 FR 21996, Apr. 15, 1981; 51
FR 40677, Nov. 7, 1986; 60 FR 33923, June 29, 1995]
Sec. 52.1579  Intergovernmental cooperation.
    (a) The requirements of subpart M of this chapter are not met since
the plan does not adequately describe the responsibilities of local
agencies.
[37 FR 10880, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.1580   Conditional approval.
    (a) Enhanced inspection and maintenance. (1) The State of New
Jersey's March 27, 1996 submittal for an enhanced motor vehicle
inspection and maintenance (I/M) program, as amended on November 27,
1996 and April 22, 1997, is conditionally approved based on certain
contingencies, for an interim period to last 18 months. If New Jersey
fails to start its program by November 15, 1997, the interim approval
granted under the provisions of the NHSDA, which EPA believes allows the
State to take full credit in its 15 percent plan for all of the emission
reduction credits in its proposal, will convert to a disapproval after a
finding letter is sent to the State by EPA. If the State fails to submit
to EPA the final modeling demonstrating that its program will meet the
relevant enhanced I/M performance standard by February 1, 1998, the
conditional approval will automatically convert to a disapproval as
explained under Section 110(k) of the Clean Air Act.
    (2) In addition to the above condition, the State must correct eight
minor, or de minimus, deficiencies related to the CAA requirements for
enhanced I/M. The minor deficiencies are listed in EPA's conditional
interim final rulemaking on New Jersey's
[[Page 257]]
motor vehicle inspection and maintenance program published on May 14,
1997. Although satisfaction of these deficiencies does not affect the
conditional interim approval status of the State's rulemaking, these
deficiencies must be corrected in the final I/M SIP revision to be
submitted at the end of the 18-month interim period.
    (3) EPA is also approving this SIP revision under Section 110(k),
for its strengthening effect on the plan.
    (b) [Reserved]
[62 FR 26405, May 14, 1997, as amended at 62 FR 35102, June 30, 1997; 64
FR 19916, Apr. 23, 1999]
Sec. 52.1581  [Reserved]
Sec. 52.1582  Control strategy and regulations: Ozone (volatile organic
          substances) and carbon monoxide.
    (a) Subchapter 16 of the New Jersey Administrative Code, entitled
``Control and Prohibition of Air Pollution by Volatile Organic
Substances,'' N.J.A.C. 7:27-16.1 et seq. as revised on December 31, 1981
and effective March 1, 1982, is approved with the following provisions
and conditions:
    (1) Subsections 16.6(c)(4) and 16.6(c)(5) are approved. The State
must comply with the public participation procedures it submitted to EPA
on December 19, 1980 and must supply to EPA a copy of each notice of a
proposed bubble that it supplies the public. In addition, the State must
promptly transmit to EPA notice setting forth each set of emission
limits approved by the state pursuant to subsections 16.6(c)(4) and
16.6(c)(5) as well as the emission limitations previously applicable.
Finally, the State must transmit any relevant additional material EPA
may request, and it must notify the public of an approved set of
emission limits at the time it transmits notice of those limits to EPA.
    (2) Emission limitations required by subsections 16.5(a), 16.6(a)
and 16.6(b) are applicable requirements of the New Jersey SIP for the
purposes of section 113 of the Clean Air Act and shall be enforceable by
EPA and by citizens in the same manner as other requirements of the SIP;
except that emission limitations adopted by the State under and which
comply with subsections 16.6(c) (4) and (5) shall be the applicable
requirements of the New Jersey SIP in lieu of those contained in
subsections 16.5(a), 16.6(a) and 16.6(b) and shall be enforceable by EPA
and by citizens, if the State meets the requirements set out in
paragraph (d)(1) of this section.
    (3) Although EPA approves the variance provisions in subchapter
7:27-16.9 and 7:27-16.10, in order to be considered as part of the SIP,
each variance issued under these provisions must be submitted to and
approved by EPA as a SIP revision.
    (4) The December 17, 1979 version of Subchapter 16 is approved as a
part of the SIP only to the extent that it addresses compliance dates
for Group I Control Techniques Guideline source categories.
    (b) Subchapter 17 of the New Jersey Administrative Code, entitled
``Control and Prohibition of Air Pollution by Toxic Substances,''
N.J.A.C. 7:27-17.1 et seq. as revised on October 17, 1979 and effective
December 17, 1979, is approved for the regulation of perchloroethylene
dry cleaners, as further clarified in a New Jersey Department of
Environmental Protection memorandum ``Subchapter 17 Requirements for
Perchloroethylene Dry Cleaning Systems'' dated October 25, 1982.
    (c) The November 15, 1993 SIP revision submitted by the New Jersey
Department of Environmental Protection and Energy demonstrates the
fulfillment of section 182(b)(2)(B) of the Clean Air Act for states to
adopt RACT regulations for all sources for which EPA has issued a CTG
before enactment of the 1990 Clean Air Act.
    (d)(1) The base year ozone precursor emission inventory requirement
of section 182(a)(1) of the 1990 Clean Air Act Amendments has been
satisfied for the Atlantic City, New York/ Northern New Jersey/Long
Island, Philadelphia/Wilmington/ Trenton, and Allentown/Bethlehem/Easton
areas of New Jersey. The inventory was submitted on November 15, 1993
and amended on November 21, 1994 by the New Jersey Department of
Environmental Protection as a revision to the ozone State Implementation
Plan (SIP). Revisions to the 1990 base year emission inventory dated
December 31, 1996 for the New York/Northern New Jersey/Long Island
[[Page 258]]
and Philadelphia/Wilmington/Trenton nonattainment areas of New Jersey
have been approved. Revisions to the 1990 base year emission inventory
dated February 10, 1999 for the New York/Northern New Jersey/Long Island
and Philadelphia/Wilmington/Trenton nonattainment areas of New Jersey
have been approved.
    (2) The base year carbon monoxide emission inventory requirement of
section 187(a)(1) of the 1990 Clean Air Act Amendments has been
satisfied for the entire State. The inventory was submitted on November
15, 1992 and amended on September 28, 1995 by the New Jersey Department
of Environmental Protection as a revision to the carbon monoxide State
Implementation Plan.
    (3) The 1996 and 1999 ozone projection year emission inventories
included in New Jersey's July 30, 1998 addendum and February 10, 1999
State Implementation Plan revision for the New York/Northern New Jersey/
Long Island and Philadelphia/Wilmington/Trenton nonattainment areas have
been approved.
    (4) The conformity emission budgets for the McGuire Air Force Base
included in New Jersey's December 31, 1996 State Implementation Plan
revision have been approved. The 1999 conformity emission budgets for
the North Jersey Transportation Planning Authority, South Jersey
Transportation Planning Organization and Delaware Valley Regional
Planning Commission included in New Jersey's July 30, 1998 addendum and
the February 10, 1999 State Implementation Plan revision have been
approved.
    (5) The photochemical assessment monitoring stations network
included in New Jersey's December 31, 1996 State Implementation Plan
revision for the New York/Northern New Jersey/Long Island and
Philadelphia/Wilmington/Trenton nonattainment areas has been approved.
    (6) The demonstration that emissions from growth in vehicle miles
traveled will not increase motor vehicle emissions and, therefore,
offsetting measures are not necessary which was included in New Jersey's
December 31, 1996 State Implementation Plan revision for the New York/
Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton
nonattainment areas has been approved.
    (7) The enforceable commitments to: participate in the consultative
process to address regional transport; adopt additional control measures
as necessary to attain the ozone standard, meet rate of progress
requirements, and eliminate significant contribution to nonattainment
downwind; identify any reductions that are needed from upwind areas for
the area to meet the ozone standard; and implement the Ozone Transport
Commission NO<INF>X</INF> Memorandum of Understanding included in New
Jersey's December 31, 1996 State Implementation Plan revision for the
New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/
Trenton nonattainment areas have been approved.
    (e) The State of New Jersey's March 27, 1996 submittal for an
enhanced motor vehicle inspection and maintenance (I/M) program, as
amended on November 27, 1996 and April 1997, is approved pursuant to
section 110 of the Clean Air Act, 42 U.S.C. 7410. However, since New
Jersey failed to start its program by November 15, 1997, the interim
approval granted under the provisions of Section 348 of the National
Highway Systems Designation Act of 1995 (NHSDA), 23 U.S.C. 348, which
allowed the State to take full credit in its 15 Percent ROP Plan for all
the emission reduction credits in its proposal, converted to a
disapproval when EPA sent finding letters to the State on December 12,
1997. The finding letters also informed the state that the underlying
enhanced I/M program approval, pursuant to Section 110 of the Act,
remained in effect as part of the federally enforceable SIP.
    (f) The State of New Jersey's June 5, 1998 submittal for the
conversion of the inspection frequency of the current inspection and
maintenance (I/M) program from annual to biennial in order to facilitate
the upgrade of the existing state lanes to accommodate the testing
equipment for the enhanced program has been approved by EPA. The State
will be adding a gas cap inspection to the current I/M program, which
will result in a net increase in overall emissions reductions.
[[Page 259]]
    (g) The 15 Percent Rate of Progress (ROP) Plans and the
recalculation of the 9 Percent ROP Plans included in the July 30, 1998
addendum and the February 10, 1999 State Implementation Plan revision
for the New York/Northern New Jersey/Long Island and Philadelphia/
Wilmington/Trenton nonattainment areas have been approved.
[46 FR 20556, Apr. 6, 1981, and 48 FR 51480, Nov. 9, 1983, as amended at
59 FR 49211, Sept. 21, 1994; 60 FR 51354, Oct. 2, 1995; 60 FR 62746,
Dec. 7, 1995; 61 FR 53628, Oct. 15, 1996; 61 FR 66607, Dec. 18, 1996; 62
FR 35103, June 30, 1997; 63 FR 45402, 45404, Aug. 26, 1998; 64 FR 19916,
Apr. 23, 1999]
Sec. 52.1583  Requirements for state implementation plan revisions
          relating to new motor vehicles.
    New Jersey must comply with the requirements of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
Secs. 52.1584-52.1600  [Reserved]
Sec. 52.1601  Control strategy and regulations: Sulfur oxides.
    (a) The applicable limitation on the sulfur content of fuel marketed
and used in New Jersey until and including March 15, 1974, as set forth
in N.J.A.C. subchapter 7:1-3.1 is approved, except that the use of coal
in the following utility plants and boiler units is not approved: <SUP>1
---------------------------------------------------------------------------
    1</SUP>  Action by the Administrator regarding coal conversion at
the listed plants and units is being held in abeyance until the
Administrator determines whether and to what extent that conversion
cannot be deferred, based on analysis of fuel allocations for residual
oil and coal in the Mid-Atlantic and New England States.
----------------------------------------------------------------------------------------------------------------
               Company                          Plant                     City                Boiler unit(s)
----------------------------------------------------------------------------------------------------------------
Atlantic City Electric...............  Deepwaters.............  Deepwaters.............  5/7, 7/9, 3/5, 4/6.
Public Service Electric & Gas........  Essex..................  Newark.................  All.
    Do...............................  Sewaren................  Woodbridge.............  Do.
    Do...............................  Bergen.................  Bergen.................  No. 1.
    Do...............................  Burlington.............  Burlington.............  1-4.
    Do...............................  Kearney................  Kearney................  All.
    Do...............................  Hudson.................  Jersey City............  No. 1.
Jersey Central Power & Light.........  Sayreville.............  Sayreville.............  All.
    Do...............................  E. H. Werner...........  South Amboy............  Do.
----------------------------------------------------------------------------------------------------------------
    (b) Before any steam or electric power generating facility in Zone
3, as defined in N.J.A.C. 7:27-10.1, burning fuel oil on June 4, 1979,
having a rated hourly gross heat input greater than 200,000,000 British
Thermal Units (BTU's), and capable of burning coal without major
reconstruction or construction, which facility was in operation prior to
May 6, 1968, or group of such facilities having a combined rated hourly
capacity greater than 450,000,000 BTU's may be permitted by the State to
convert to the use of coal, the State shall submit to EPA a copy of the
proposed permit together with an air quality analysis employing
methodology acceptable to EPA. If EPA determines, on the basis of the
submitted analysis, that the proposed coal conversion will not interfere
with the attainment or maintenance of air quality standards and will not
be the cause for any Prevention of Significant Deterioration (PSD)
increment to be exceeded, then the permit authorizing conversion may
become effective immediately upon the publication of such a
determination (as a Notice) in the Federal Register. If EPA determines
that the submitted analysis is inadequate or that it shows that the
proposed conversion will interfere with attainment or maintenance of air
quality standards or cause any PSD increment to be exceeded, then EPA
shall so inform the State of its determination, and the permit
authorizing conversion shall not become effective and conversion shall
not occur until an adequate analysis is submitted or, if necessary,
until a control strategy revision which would require any necessary
emission reductions is submitted by the State and placed into effect as
an EPA approved revision to the implementation plan. In addition,
[[Page 260]]
this same procedure shall apply to any State permit applied for that
would authorize a relaxation in the sulfur-in-coal limitation at any
such facility, as defined above in this paragraph, having already been
granted a permit to convert to coal.
    (c) The U.S. Gypsum Co. in Clark, New Jersey is permitted to burn
fuel oil with a sulfur content of 2.0 percent, by weight, at either
Boiler 1, 2 or 3 until March 31, 1985 or until Boiler 4 is ready to
burn coal, whichever occurs first. Such oil burning must conform with
New Jersey requirements and conditions as set forth in applicable
regulations and administrative orders.
[39 FR 1439, Jan. 9, 1974, as amended at 44 FR 31979, June 4, 1979; 44
FR 38471, July 2, 1979; 49 FR 30179, July 27, 1984]
Sec. 52.1602  [Reserved]
Sec. 52.1603  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(b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of New Jersey.
[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]
Sec. 52.1604  Control strategy and regulations: Total suspended
          particulates.
    (a) Any variance issued by the Department under N.J.A.C. Title 7,
Chapter 27, section 6.5, subsections (a), (b), or (c) shall not exempt
any person from the requirements otherwise imposed by N.J.A.C. 7:27-6.1
et seq.; Provided that the Administrator may approve such variance as a
plan revision when the provisions of this part, section 110(a)(3)(A) of
the Act, and 40 CFR, part 51 (relating to approval of and revisions to
State implementation plans) have been satisfied with respect to such
variance.
    (b) Particulates emissions from units 1 and 2 of the Atlantic City
Electric Company's B.L. England Generating Station are limited to an
emission rate of 0.5 lbs/million BTU until March 31, 1982 and June 1,
1982, respectively. The opacity associated with such emissions from
these units during this period shall not exceed 40 percent. On and after
March 31, 1982 for unit 1, and June 1, 1982 for unit 2, these units
shall be limited to an emission rate of 0.1 lbs/million BTU, and the
associated opacity shall not exceed 20 percent.
[44 FR 5427, Jan. 26, 1979 and 46 FR 26305, May 12, 1981]
[[Page 261]]
Sec. 52.1605  EPA-approved New Jersey regulations.
----------------------------------------------------------------------------------------------------------------
                                     State effective
         State regulation                 date            EPA approved date                 Comments
----------------------------------------------------------------------------------------------------------------
Title 7, Chapter 26
Subchapter 2A, ``Additional,       June 1, 1987......  June 29, 1990, 55 FR     ................................
 Specific Disposal Regulations                          26689.
 for Sanitary Landfills.''
Title 7, Chapter 27
Subchapter 1, ``General            May 1, 1956.......  June 29, 1990, 55 FR     ................................
 Provisions''.                                          26689.
Subchapter 2, ``Control and        June 8, 1981......  Sept. 30, 1981, 46 FR    ................................
 Prohibition of Open Burning''.                         47779.
Subchapter 3, ``pontrol and        Oct. 12, 1977.....  Jan. 27, 1984, 49 FR     ................................
 Prohibition of Smoke from                              3465.
 Combustion of Fuel''.
Subchapter 4, ``Control and        Oct. 12, 1977.....  ......do...............  ................................
 Prohibition of Particles from
 Combustion of Fuel''.
Subchapter 5, ``Prohibition of     Oct. 12, 1977.....  ......do...............  ................................
 Air Pollution.
Subchapter 6, ``Control and        May 23, 1977......  Jan. 26, 1979, 44 FR     Section 6.5, ``Variances,'' is
 Prohibition of Particles From                          5427.                    not approved (40 CFR
 Manufacturing Processes''                                                       52.1570(c)(20) and 52.1604(a)).
 (except section 6.5).                                                           Any State-issued variances must
                                                                                 be formally incorporated as SIP
                                                                                 revisions if EPA is to be bound
                                                                                 to their provisions (40 CFR
                                                                                 52.1604(a)).
Subchapter 7, ``Sulfur''.........  Mar. 1, 1967......  May 31, 1972, 37 FR      ................................
                                                        10880.
Subchapter 8, ``Permits and        Apr. 5, 1985......  Nov. 25, 1986, 51 FR
 Certificates, Hearings, and                            42573.
 Confidentiality''.
Section 8.11.....................  Mar. 2, 1992......  Apr. 15, 1994, 59 FR
                                                        17935.
Sections 8.1 and 8.2.............  June 20, 1994.....  August 7, 1997, 62 FR
                                                        42414.
Subchapter 9, ``Sulfur in Fuels''  Feb. 4, 1983......  July 8, 1983, 48 FR      Sulfur dioxide ``bubble''
                                                        31400.                   permits issued by the State
                                                                                 pursuant to Sec.  9.2 and not
                                                                                 waived under the provisions of
                                                                                 Sec.  9.4 become applicable
                                                                                 parts of the SIP only after
                                                                                 receiving EPA approval as a SIP
                                                                                 revision. ``Clean conversion
                                                                                 incentive'' permits issued
                                                                                 pursuant to Sec.  9.5 must
                                                                                 receive EPA approval as a SIP
                                                                                 revision to become applicable
                                                                                 parts of the SIP.
Subchapter 10, ``Sulfur in Solid   July 14, 1981.....  Nov. 3, 1981, 46 FR      Notification of ``large zone 3
 Fuels''.                                               54542.                   coal conversions'' must be
                                                                                 provided to EPA (40 CFR
                                                                                 52.1601(b)).
Subchapter 11, ``Incinerators''..  Aug. 15, 1968.....  May 31, 1972, 37 FR      ................................
                                                        10880.
Subchapter 12, ``Prevention and    Mar. 27, 1972.....  ......do...............  ................................
 Control of Air Pollution
 Emergencies''.
Subchapter 13, ``Ambient Air       June 25, 1985.....  Nov. 25, 1986, 51 FR     ................................
 Quality Standards''.                                   42573.
Subchapter 14, ``Control and       July 1, 1985......  June 13, 1986..........
 Prohibition of Air Pollution
 From Diesel-Powered Motor
 Vehicles.''
Subchapter 15, ``Control and       Jan. 21, 1985.....  Sept. 17, 1992, 57 FR     Variances adopted by the State
 Prohibition of Air Pollution                           42893.                   pursuant to Sec.  15.8 become
 From Light-Duty Gasoline-Fueled                                                 applicable only if approved by
 Motor Vehicles''.                                                               EPA as SIP revisions.
Subchapter 16, ``Control and       July 17, 1995.....  August 7, 1997, 62 FR    Earlier versions of Subchapter
 Prohibition of Air Pollution by                        42414.                   16 remain part of the SIP only
 Volatile Organic Compounds''.                                                   to the extent of determining
                                                                                 compliance dates which have
                                                                                 since passed.
Subchapter 17, ``Control and       June 20, 1994.....  August 7, 1997, 62 FR    Subchapter 17 is included in the
 Prohibition of Air Pollution by                        42414.                   SIP only as it relates to the
 Toxic Substances''.                                                             control of perchloroethylene.
[[Page 262]]
Subchapter 18, ``Control and       Mar. 15, 1993.....  July 25, 1996..........  See July 25, 1996, for items not
 Prohibition of Air Pollution                                                    included in this limited
 from New or Altered Sources                                                     approval.
 Affecting Ambient Air Quality
 (Emission Offset Rules).''.
Subchapter 19, ``Control and       Apr. 17, 1995.....  Mar. 29, 1999, 64 FR     ................................
 Prohibition of Air Pollution                           14834.
 from Oxides of Nitrogen.''.
Subchapter 21, ``Emission          Mar. 15, 1993.....  Aug. 4, 1994, 59 FR
 Statements;''.                                         39689.
Subchapter 23, ``Prevention of     June 20, 1994.....  August 7, 1997, 62 FR
 Air Pollution from Architectural                       42414.
 Coatings and Consumer Products''.
Subchapter 24, ``Control and       Nov. 6, 1995......  May 2, 1997, 62 FR       ................................
 Prohibition of Volatile Organic                        24036.
 Compounds from Consumer and
 Commercial Products.''.
    Subchapter 25, ``Control and   August 17, 1998...  November 22, 1999 and
     Prohibition of Air Pollution                       Federal Register.
     by Vehicular Fuels;''.
Subchapter 26, ``Ozone Transport   March 1, 1999.....  Nov. 3, 1999...........  Provides that for the duration
 Commission--Low Emission                                                        of New Jersey's participation
 Vehicles Program''.                                                             in National Low Emission
                                                                                 Vehicle (LEV), manufacturers
                                                                                 may comply with National LEV or
                                                                                 equally stringent mandatory
                                                                                 federal standards in lieu of
                                                                                 compliance with the California
                                                                                 LEV program adopted pursuant to
                                                                                 section 177. The regulations
                                                                                 accept National LEV as a
                                                                                 compliance alternative for
                                                                                 requirements applicable to
                                                                                 passenger cars, light light-
                                                                                 duty trucks, and light-duty
                                                                                 trucks designed to operate on
                                                                                 gasoline.
Title 7, Chapter 27B
Subchapter 3, ``Air Test Method    June 20, 1994.....  August 7, 1997, 62 FR
 3: Sampling and Analytic                               42414.
 Procedures for the Determination
 of Volatile Organic Compounds
 from Source Operations''.
Subchapter 4, ``Air Test Method    July 1, 1985......  June 13, 1986..........  Only Sections 1, 2, 3 and 4 of
 4, Testing Procedures for Motor                                                 Subchapter 4 are approved.
 Vehicles.''
Title 13, Chapter 20:
Subchapter 28, ``Enforcement       Jan. 21, 1985.....  September 17, 1992. 57
 Service Inspection of New                              FR 42893.
 Passenger Vehicles and New
 Motorcyles''.
Title 16, Chapter 53
``Autobus Specifications''.......  Sept. 26, 1983....  June 13, 1986..........  Only Sections 3.23, 3.24, 3.27,
                                                                                 6.15, 6.21, 6.30, 7.14, 7.17,
                                                                                 7.23, 8.15, 8.22, 8.25 are
                                                                                 approved.
----------------------------------------------------------------------------------------------------------------
[46 FR 57677, Nov. 25, 1981, and 46 FR 61266, Dec. 16, 1981, as amended
at 48 FR 31400, July 8, 1983; 48 FR 51480, Nov. 9, 1983; 49 FR 3465,
Jan. 27, 1984; 51 FR 21549, June 13, 1986; 51 FR 23418, June 27, 1986;
51 FR 42573, Nov. 25, 1986; 54 FR 25582, June 16, 1989; 55 FR 26689,
June 29, 1990; 56 FR 50518, Oct. 7, 1991; 57 FR 42893, Sept. 17, 1992;
57 FR 53441, Nov. 10, 1992; 58 FR 29977, May 25, 1993; 59 FR 17935, Apr.
15, 1994; 59 FR 39689, Aug. 4, 1994; 60 FR 32276, June 21, 1995; 61 FR
5302, Feb. 12, 1996; 61 FR 38594, July 25, 1996; 62 FR 3805, Jan. 27,
1997; 62 FR 24036, May 2, 1997; 62 FR 26854, May 15, 1997; 62 FR 42414,
Aug. 7, 1997; 63 FR 62954, Nov. 10, 1998; 64 FR 14834, Mar. 29, 1999; 64
FR 59642, Nov. 3, 1999; 64 FR 63692, Nov. 22, 1999]
[[Page 263]]
Sec. 52.1606  Visibility protection.
    (a) The requirements of section 169A of the Clean Air Act are not
met because the plan does not include approvable procedures meeting the
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in
mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The
provisions of Secs. 52.26 and 52.28 are hereby incorporated and made
part of the applicable plan for the State of New Jersey.
    (c)Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of New
Jersey.
[51 FR 23759, July 1, 1986, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.1607  Small business technical and environmental compliance
          assistance program.
    On January 11, 1993, the New Jersey Department of Environmental
Protection and Energy submitted a plan for the establishment and
implementation of a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program for incorporation in the New
Jersey state implementation plan. This plan satisfies the requirements
of section 507 of the Clean Air Act, and New Jersey must implement the
program as approved by EPA.
[59 FR 34386, July 5, 1994]
                         Subpart GG--New Mexico
Sec. 52.1620  Identification of plan.
    (a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for New Mexico under section 110 of the Clean
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
1999, was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after July 1, 1999, will be incorporated by reference in
the next update to the SIP compilation.
    (2) EPA Region 6 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an
exact duplicate of the officially promulgated State rules/regulations
which have been approved as part of the State implementation plan as of
July 1, 1999.
    (3) Copies of the materials incorporated by reference may be
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700,
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW., Washington,
DC. 20460; or at the Office of Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC.
    (c) EPA approved regulations.
                                       EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
                                               State
                                             approval/
   State citation         Title/subject      effective          EPA approval date                Comments
                                                date
----------------------------------------------------------------------------------------------------------------
          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------
Part 1.............  General Provisions....   10/27/95  11/25/97, 62 FR 50514...........  This date reflects a
                                                                                           recodification, not
                                                                                           EPA approval of
                                                                                           underlying
                                                                                           requirement.
Part 2.............  Definitions...........   11/30/95  11/25/97, 62 FR 50514
Part 3.............  Ambient Air Quality      11/30/95  11/25/97, 62 FR 50514
                      Standards.
Part 5.............  Source Surveillance...   11/30/95  11/25/97, 62 FR 50514
Part 7.............  Excess emissions         11/30/95  11/25/97, 62 FR 50514
                      during Malfunction,
                      Startup, Shutdown, or
                      Scheduled Maintenance.
Part 8.............  Emissions Leaving New    11/30/95  11/25/97, 62 FR 50514
                      Mexico.
[[Page 264]]
Part 10............  Woodwaste Burners.....   11/30/95  11/25/97, 62 FR 50514
Part 11............  Asphalt Process          11/30/95  11/25/97, 62 FR 50514
                      Equipment.
Part 12............  Cement Kilns..........   11/30/95  11/25/97, 62 FR 50514
Part 13............  Gypsum Processing        11/30/95  11/25/97, 62 FR 50514
                      Plants.
Part 14............  Particulate Emissions    11/30/95  11/25/97, 62 FR 50514
                      From Coal Burning
                      Equipment.
Part 15............  Pumice, Mica and         11/30/95  11/25/97, 62 FR 50514
                      Perlite Process
                      Equipment.
Part 16............  Nonferrous Smelters      11/30/95  11/25/97, 62 FR 50514
                      (New and Existing)-
                      Particulate Matter.
Part 17............  Nonferrous Smelters      11/30/95  11/25/97, 62 FR 50514
                      (Existing)-
                      Particulate Matter.
Part 18............  Oil Burning Equipment-   11/30/95  11/25/97, 62 FR 50514
                      Particulate Matter.
Part 19............  Potash, Salt or Sodium   11/30/95  11/25/97, 62 FR 50514
                      Sulfate Processing
                      Equipment-Particulate
                      Matter.
Part 20............  Lime Manufacturing       11/30/95  11/25/97, 62 FR 50514
                      Plants-Particulate
                      Matter.
Part 21............  Fugitive Particulate     11/30/95  11/25/97, 62 FR 50514
                      Matter Emissions from
                      Nonferrous Smelters.
Part 22............  Fugitive Particulate     11/30/95  11/25/97, 62 FR 50514
                      Matter Emissions from
                      Roads within the Town
                      of Hurley.
Part 30............  Kraft Mills...........   11/30/95  11/25/97, 62 FR 50514
Part 31............  Coal Burning Equipment-  11/30/95  11/25/97, 62 FR 50514
                      Sulfur Dioxide.
Part 32............  Coal Burning Equipment-  11/30/95  11/25/97, 62 FR 50514
                      Nitrogen Dioxide.
Part 33............  Gas Burning Equipment-   11/30/95  11/25/97, 62 FR 50514
                      Nitrogen Dioxide.
Part 34............  Oil Burning Equipment-   11/30/95  11/25/97, 62 FR 50514
                      Nitrogen Dioxide.
Part 40............  Sulfuric Acid            11/30/95  11/25/97, 62 FR 50514
                      Production Units-
                      Sulfur Dioxide, Acid
                      Mist and Visible
                      Emissions.
Part 41............  Nonferrous Smelters-     11/30/95  11/25/97, 62 FR 50514
                      Sulfur.
Part 60............  Open Burning..........   11/30/95  11/25/97, 62 FR 50514
Part 61............  Smoke and Visible        11/30/95  11/25/97, 62 FR 50514
                      Emissions.
Part 70............  Operating Permits.....   11/30/95  11/25/97, 62 FR 50514
Part 71............  Operating Permit         11/30/95  11/25/97, 62 FR 50514
                      Emission Fees.
Part 72............  Construction Permits..   11/30/95  11/25/97, 62 FR 50514...........  Subparts I, II, III,
                                                                                           and V in SIP.
Part 73............  Notice of Intent and     11/30/95  11/25/97, 62 FR 50514
                      Emissions Inventory
                      Requirements.
Part 74............  Prevention of             7/20/95  10/15/96, 61 FR 53639
                      Significant
                      Deterioration.
Part 75............  Construction Permit      11/30/95  11/25/97, 62 FR 50514
                      Fees.
Part 79............  Permits-Nonattainment    11/30/95  11/25/97, 62 FR 50514
                      Areas.
Part 80............  Stack Heights.........   11/30/95  11/25/97, 62 FR 50514
Part 98............  General Conformity....   08/02/96  9/9/98, 63 FR 48109.............  Conditional approval
                                                                                           expires on September
                                                                                           9, 1999.
Part 99............  Transportation           11/23/98  3/20/00, 65 FR 14877............  (1) No action is taken
                      Conformity.            and 09/08/                                    on sections 109. C.1,
                                                    99                                     114, 128.C-F, 137.E,
                                                                                           139.A.2, 140.A.1, and
                                                                                           147.B
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 11--Albuquerque/Bernalillo County
                                        Air Quality Control Board (AQCB)
----------------------------------------------------------------------------------------------------------------
Part 03............  Transportation           07/01/98  July 8, 1999. 64 FR 36790.......  (1) No action is taken
                      Conformity.                                                          on sections I.2.3.,
                                                                                           II.2.4, II.7.3-7.6,
                                                                                           II.16.5, II.18.1.B,
                                                                                           II.19.1.A, and
                                                                                           II.22.2. and (2) this
                                                                                           rule supersedes
                                                                                           Regulation 42
                                                                                           codified under
                                                                                           Albuquerque-
                                                                                           Bernalillo County,
                                                                                           Air Quality Control
                                                                                           Regulations.
----------------------------------------------------------------------------------------------------------------
[[Page 265]]
                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
                                               State
                                             approval/
   State citation         Title/subject      effective          EPA approval date                Comments
                                                date
----------------------------------------------------------------------------------------------------------------
   Regulation No.                   Albuquerque/Bernalillo County, Air Quality Control Regulations
----------------------------------------------------------------------------------------------------------------
 1.................  Resolutions...........   01/12/79  04/10/80, 45 FR 24468
 2.................  Definitions...........   03/16/89  12/21/93, 58 FR 67333
 3.................  Open Burning..........   01/12/79  04/10/80, 45 FR 24468
 4.................  Incinerators..........   01/12/79  04/10/80, 45 FR 24468
 5.................  Visible Air              01/12/79  04/10/80, 45 FR 24468
                      Contaminants.
 6.................  Orchard Heaters.......   01/12/79  04/10/80, 45 FR 24468
 7.................  Motor Vehicle Air        01/12/79  04/10/80, 45 FR 24468
                      Pollution Control
                      Devices.
 8.................  Airborne Particulate     03/17/83  02/23/93, 58 FR 10972
                      Matter.
 9.................  Process Equipment.....   01/12/79  04/10/80, 45 FR 24468
10.................  Kraft Mills...........   01/12/79  04/10/80, 45 FR 24468
11.................  Organic Fluids........   01/12/79  04/10/80, 45 FR 24468
12.................  Coal Burning             01/12/79  04/10/80, 45 FR 24468
                      Equipment--Nitrogen
                      Dioxide Emission
                      Limits.
13.................  Coal Burning             01/12/79  04/10/80, 45 FR 24468
                      Equipment--Sulfur
                      Dioxide Emission
                      Limits.
14.................  Coal Burning             01/12/79  04/10/80, 45 FR 24468
                      Equipment--Particulat
                      e Emission Limits.
15.................  Oil Burning Equipment--  01/12/79  04/10/80, 45 FR 24468
                      Nitrogen Dioxide
                      Emission Limits.
16.................  Oil Burning Equipment--  01/12/79  04/10/80, 45 FR 24468
                      Particulate Emission
                      Limits.
17.................  Oil Burning Equipment--  01/12/79  04/10/80 45 FR 24468
                      Sulfur Dioxide
                      Emission Limits.
18.................  Gas Burning Equipment--  01/12/79  04/10/80, 45 FR 24468
                      Nitrogen Dioxide
                      Emission Limits.
19.................  Breakdown, Abnormal      01/12/79  04/10/80, 45 FR 24468
                      Operating Conditions,
                      or Scheduled
                      Maintenance.
20.................  Permits...............   02/26/93  03/16/94, 59 FR 12172
21.................  Permit Fees...........   01/12/79  04/10/80, 45 FR 24468
22.................  Registration of Air      01/12/79  04/10/80, 45 FR 24468
                      Contaminant Sources.
23.................  Source Surveillance...   01/12/79  04/10/80, 45 FR 24468.
24.................  Variance Procedure....   01/12/79  04/10/80, 45 FR 24468
25.................  Administration and       01/12/79  04/10/80, 45 FR 24468
                      Enforcement.
26.................  Interpretation........   01/12/79  04/10/80, 45 FR 24468
27.................  Emergency Action Plan.   01/12/79  04/10/80, 45 FR 24468
28.................  Motor Vehicle            07/01/95  06/13/96, 61 FR 29970
                      Inspection.
29.................  Prevention Of            03/26/93  12/21/93, 58 FR 67333
                      Significant
                      Deterioration.
30--31.............  NSPS/NESHAPS..........  .........  ................................  REGS NOT IN SIP. See
                                                                                           Notice of Delegation
                                                                                           published 10/06/95,
                                                                                           60 FR 52329.
32.................  Construction Permits--   02/26/93  12/21/93, 58 FR 67329
                      Nonattainment Areas.
33.................  Stack Height             03/16/89  03/05/91, 56 FR 09175
                      Requirements.
34.................  Woodburning...........   11/27/91  11/23/93, 58 FR 62539
35.................  Alternative Fuels.....   11/10/93  05/05/94, 59 FR 23168
42.................  Transportation           11/09/94  11/08/95, 60 FR 56244             42.11 not approved by
                      Conformity.                                                          EPA.
43.................  General Conformity....   11/09/94  09/13/96, 61 FR 48407
----------------------------------------------------------------------------------------------------------------
                              EPA-Approved New Mexico Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                  State approval/    EPA approval
        Name of source           Permit number    effective date         date                Explanation
----------------------------------------------------------------------------------------------------------------
None.........................  ................  ................  ...............  ............................
----------------------------------------------------------------------------------------------------------------
[[Page 266]]
                         EPA Approved New Mexico Statutes in the Current New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                               State
                                             Approval/
   State citation         Title/subject                         EPA approval date                Comments
                                             effective
                                                date
----------------------------------------------------------------------------------------------------------------
                          NMSA 1978--New Mexico Statutes in the Current New Mexico SIP
----------------------------------------------------------------------------------------------------------------
74-1-4.............  Environmental            04/20/90  June 1, 1999....................
                      Improvement Board--
                      Creation--Organizatio
                      n.
74-2-1.............  Short Title...........   08/11/83  11/02/84, 49 FR 44101
74-2-2.............  Definitions...........   08/11/83  11/02/84, 49 FR 44101
74-2-3.............  State Air Pollution      08/11/83  11/02/84, 49 FR 44101
                      Control Agency.
74-2-4.............  Municipal or County      04/20/90  June 1, 1999
                      Air Quality Control
                      Board.
74-2-5.............  Duties and Powers of     08/11/83  11/02/84, 49 FR 44101
                      Board.
74-2-6.............  Adoption of              08/11/83  11/02/84, 49 FR 44101
                      Regulations Notice
                      and Hearings.
74-2-7.............  Permits...............   08/11/83  11/02/84, 49 FR 44101
74-2-8.............  Variances.............   08/11/83  11/02/84, 49 FR 44101
74-2-9.............  Variances--Judicial      08/11/83  11/02/84, 49 FR 44101
                      Review.
74-2-10............  Emergency Procedure...   08/11/83  11/02/84, 49 FR 44101
74-2-11............  Confidential             08/11/83  11/02/84, 49 FR 44101
                      Information.
74-2-11.1..........  Limitations on           08/11/83  11/02/84, 49 FR 44101
                      Regulations.
74-2-12............  Enforcement...........   08/11/83  11/02/84, 49 FR 44101
74-2-13............  Inspection............   08/11/83  11/02/84, 49 FR 44101
74-2-14............  Penalties.............   08/11/83  11/02/84, 49 FR 44101
74-2-15............  Additional Means of      08/11/83  11/02/84, 49 FR 44101
                      Enforcement.
74-2-15.1..........  Primary Nonferrous       08/11/83  11/02/84, 49 FR 44101
                      Smelter Orders.
74-2-16............  Declaratory Judgement    08/11/83  11/02/84, 49 FR 44101
                      of Regulation.
74-2-17............  Continuing Effect of     08/11/83  11/02/84, 49 FR 44101
                      Present Laws, Rules,
                      and Regulations.
Article 16,          New Mexico Conflict of   07/16/90  June 1, 1999....................
 Sections 10-16-1     Interest Act.
 through 10-16-16.
Article 16,          New Mexico               07/16/90  June 1, 1999....................
 Supplemental.        Environmental
                      Improvement Board
                      Code of Conduct.
----------------------------------------------------------------------------------------------------------------
  EPA Approved City of Albuquerque and Bernalillo County Ordinances for State Board Composition and Conflict of
                                               Interest Provisions
----------------------------------------------------------------------------------------------------------------
City of              Metropolitan             11/16/90  June 1, 1999....................
 Albuquerque,         Environmental Health
 Chapter 6, Article   Advisory Board.
 XVII Sections 6-17-
 1 to 6-17-3.
Bernalillo County    Metropolitan             08/05/74  June 1, 1999....................
 Commission           Environmental Health
 Ordinance 302.       Advisory Board.
Bernalillo County    Metropolitan             08/21/90  June 1, 1999....................  Amended Ordinance 302.
 Commission           Environmental Health
 Ordinance 90-19.     Advisory Board.
City of              Joint Air Quality        08/01/89  June 1, 1999....................
 Albuquerque,         Control Board
 Chapter 6, Article   Ordinance.
 XVI Sections 6-16-
 1 to 6-16-15.
[[Page 267]]
Bernalillo County    Joint Air Quality        12/27/88  June 1, 1999....................  Amended Ordinance 84-
 Commission           Control Board                                                        44.
 Ordinance 88-45.     Ordinance.
City of Albuquerque  Public Boards,           07/01/87  June 1, 1999....................
 Chapter 1, Article   Commissions and
 XII Sections 1-12-   Committees.
 1 to 1-12-3.
City of Albuquerque  Conflict of Interest..   07/01/85  June 1, 1999....................
 Chapter 2, Article
 III Sections 2-3-1
 to 2-3-13.
City of Albuquerque  Code of Ethics........   04/01/90  June 1, 1999....................
 Charter, Article
 XII.
Bernalillo County    Code of Ethics........   02/05/85  June 1, 1999....................
 Commission
 Ordinance 85-3.
City of Albuquerque  City Code of Conduct..   02/09/90  June 1, 1999....................
 Code of Conduct.
City of Albuquerque  Carbon monoxide           6/22/98  5/24/00, 65 FR 33460............  ......................
 request for          maintenance plan and
 redesignation.       motor vehicle
                      emission budgets.
----------------------------------------------------------------------------------------------------------------
            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                  Applicable
                                geographic or   State submittal/   EPA approval
    Name of SIP provision       nonattainment    effective date        date                 Explanation
                                     area
----------------------------------------------------------------------------------------------------------------
State Attorney Generals        Statewide......  09/04/72.......  04/09/79, 44 FR  Ref 52.1640(c)(4).
 Opinion.                                                         21020.
Revisions to New Source        Statewide......  01/03/73.......  04/09/79, 44 FR  Ref 52.1640(c)(5).
 Review and Source                                                21020.
 Surveillance.
Clarification of State permit  Statewide......  01/18/73.......  04/09/79, 44 FR  Ref 52.1640(c)(6).
 and Source Surveillance.                                         21020.
Revision for Attainment of     PM in            01/23/79.......  04/10/80, 45 FR  Ref 52.1640(c)(11).
 Standards.                     Albuquerque,                      24468 and 03/
                                Grant, Eddy                       26/81, 46 FR
                                and Lea                           18694.
                                counties;
                                Ozone in
                                Albuquerque;
                                SO2 in San
                                Juan and Grant
                                counties; and
                                CO in Las
                                Cruces,
                                Farmington,
                                and Santa Fe
                                counties.
[[Page 268]]
Ordinance for Motor Vehicle    Albuquerque....  07/02/79.......  04/10/80, 45 FR  Ref 52.1640(c)(12).
 Emission I/M program.                                            24468.
TSP Plan, RFP, and             Albuquerque....  08/02/79.......  04/10/80, 45 FR  Ref 52.1640(c)(13).
 Transportation Commitments.                                      24468.
Schedule for Albuquerque TSP   Albuquerque and  09/25/79.......  04/10/80, 45 FR  Ref 52.1640(c)(14).
 plan, revising permit          Grant county.                     24468.
 regulations, and extension
 request.
CO Strategies................  Farmington and   01/23/79.......  04/10/80, 45 FR  Ref 52.1640(c)(15).
                                Santa Fe                          24468.
                                counties.
Compliance schedules for       Eddy, Lea, and   07/25/79.......  12/24/80, 45 FR  Ref 52.1640(c)(16).
 several industries.            Grant counties.                   85006.
Revision for attainment of CO  Bernalillo       03/17/80.......  03/26/81, 46 FR  Ref 52.1640(c)(17).
 standard.                      county.                           18694.
Commitment to not issue        Nonattainment    05/20/80.......  03/26/81, 46 FR  Ref 52.1640(c)(18).
 permits to stationary          areas.                            18694.
 sources.
Commitment to submit I/M       Albuquerque,     10/10/80.......  03/26/81, 46 FR  Ref 52.1640(c)(19).
 enforcement plan.              Bernalillo                        18694.
                                county.
Revision to ambient            Statewide......  12/12/79.......  08/06/81, 46 FR  Ref 52.1640(c)(20).
 monitoring plan.                                                 40006.
Variance to regulation 506     Hidalgo Smelter  02/04/80.......  08/19/81, 46 FR  Ref 52.1640(c)(21).
 for Phelps Dodge Corp.         in Playas, NM.                    42065.
Revised SO2 control strategy.  San Juan county  02/12/81.......  08/27/81, 46 FR  Ref 52.1640(c)(22).
                                                                  43153.
Memorandum of understanding    Statewide......  04/16/81.......  08/27/81, 46 FR  Ref 52.1640(c)(22).
 between the State and                                            43153.
 Arizona Public Service
 Company.
Compliance schedule for units  Four Corners     03/31/80.......  03/30/82, 47 FR  Ref 52.1640(c)(23).
 4 and 5 of the Arizona         Power plant.                      13339.
 Public Service.
Variance to regulation 603     Four Corners     07/31/80.......  03/30/82, 47 FR  Ref 52.1640(c)(25).
 for units 3, 4, and 5 of the   Power plant.                      13339.
 Arizona Public Service.
New Mexico plan for Lead.....  Statewide......  05/19/80.......  05/05/82, 47 FR  Ref 52.1640(c)(27).
                                                                  19334 and 08/
                                                                  14/84, 49 FR
                                                                  32184.
Revision to SO2 control        Grant county...  05/12/81 and 08/ 05/05/82, 47 FR  Ref 52.1640(c)(28).
 strategy.                                       13/81.           19333.
Intergovernmental              N/A............  03/28/80.......  03/08/84, 49 FR  Ref 52.1640(c)(31).
 Consultation program.                                            08610.
Public Information and         Statewide......  12/20/79.......  08/24/83, 48 FR  Ref 52.1640(c)(33).
 Participation program.                                           38467.
Revision for attainment of CO  Bernalillo       06/28/82 and 01/ 07/01/83, 48 FR  Ref 52.1640(c)(34).
 standard.                      county.          26/83.           30366.
Variance to regulation 603.B   Four Corners     02/04/87, 10/26/ 10/27/89, 54 FR  Ref 52.1640(c)(38).
 for units 3, 4, and 5 of the   Power Plant.     87, and 02/16/   43814.
 Arizona Public Service.                         88.
Revision to SIP for moderate   Anthony area;    11/08/91.......  09/09/93, 58 FR  Ref 52.1640(c)(50).
 PM10 nonattainment areas.      Dona Ana                          47383.
                                county.
[[Page 269]]
Narrative plan addressing CO   Albuquerque,     11/05/92.......  11/29/93, 58 FR  Ref 52.1640(c)(52).
 nonattainment areas.           Bernalillo                        62535.
                                county.
CO continency measures and     Albuquerque,     11/12/93.......  05/05/94, 59 FR  Ref 52.1640(c)(57).
 proposed Clean Fuel Vehicle    Bernalillo                        23167.
 fleet demonstration.           county.
Update to supplement to        Bernalillo       11/09/94.......  06/24/96, 61 FR  Ref 52.1640(c)(61).
 control air pollution.         county.                           32339.
Revision approving request     Albuquerque,     05/11/95.......  06/13/96, 61 FR  Ref 52.1640(c)(63).
 for redesignation, a vehicle   Bernalillo                        29970.
 I/M program, and required      nonattainment
 maintenance plan.              area.
----------------------------------------------------------------------------------------------------------------
[63 FR 37495, July 13, 1998, as amended at 63 FR 48109, Sept. 9, 1998;
64 FR 29239, June 1, 1999; 64 FR 36790, July 8, 1999; 64 FR 51692, Sept.
24, 1999; 65 FR 14877, Mar. 20, 2000; 65 FR 33460, May 24, 2000]
Sec. 52.1621  Classification of regions.
    The New Mexico plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Albuquerque-Mid-Rio Grande Intrastate.....................           I        III       III       III          I
New Mexico Southern Border Intrastate.....................          IA         IA       III       III        III
El Paso-Las Cruces-Alamogordo Interstate..................           I         IA       III         I          I
Four Corners Interstate...................................          IA         IA       III       III        III
Northeastern Plains Intrastate............................         III        III       III       III        III
Pecos-Permian Basin Intrastate............................         III        III       III       III        III
Southwestern Mountains-Augustine Plains Intrastate........         III        III       III       III        III
Upper Rio Grande Valley Intrastate........................         III        III       III       III        III
----------------------------------------------------------------------------------------------------------------
[37 FR 1081, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 42 FR
20131, Apr. 18, 1977; 45 FR 24468, Apr. 10, 1980; 45 FR 67347, Oct. 10,
1980; 52 FR 5965, Feb. 27, 1987]
Sec. 52.1622  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves New Mexico's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Further, the
Administrator finds that the plan satisfiesall requirements of the Part
D of the Clean Air Act, as amended in 1977, except as noted below.
[45 FR 24468, Apr. 10, 1980]
Sec. 52.1623  Conditional approval.
    (a) General Conformity. (1) A letter, dated April 22, 1998, from the
Chief of Air Quality Bureau New Mexico Environment Department to the EPA
Regional Office, commits the State to remove Section 110.C from its rule
for making the State's rule consistent with Federal rule. Specifically,
the letter states that:
    This letter is regarding our general conformity rule, 20 NMAC 2.98--
Conformity of General Federal Actions to the State Implementation Plan.
We have been reviewing
[[Page 270]]
paragraph 110.C under Section 110--Reporting Requirements. This is the
paragraph in which the Federal Aviation Administration (FAA) had
submitted a comment of concern to EPA, during EPA's proposed/final
approval period for our rule. This comment caused EPA to withdraw its
approval. The FAA had commented that New Mexico was more stringent than
EPA, since our rule does not apply to non-Federal agencies. Our analysis
has determined that our inclusion of this paragraph may make our rule
more stringent than EPA, and should not have been included. The
paragraph had originally come from a STAPPA/ALAPCO model rule. New
Mexico had never intended to be more stringent than EPA with regards to
general conformity. Hence, the State commits to putting 20 NMAC 2.98 on
our regulatory agenda and plan to delete this paragraph within one year
from the Federal Register publication of final notice of conditional
approval to New Mexico's general conformity SIP.
    (2) If the State ultimately fails to meet its commitment to remove
this section from its rule within one year of publication of this
conditional approval, then EPA's conditional action will automatically
convert to a final disapproval.
    (b) [Reserved]
[63 FR 48109, Sept. 9, 1998]
Secs. 52.1624-52.1626  [Reserved]
Sec. 52.1627  Control strategy and regulations: Carbon monoxide.
    Part D Approval. The Albuquerque/Bernalillo County carbon monoxide
maintenance plan as adopted on April 13, 1995, meets the requirements of
Section 172 of the Clean Air Act, and is therefore approved.
[61 FR 29973, June 13, 1996]
Secs. 52.1628-52.1633  [Reserved]
Sec. 52.1634  Significant deterioration of air quality.
    (a) The plan submitted by the Governor of New Mexico on February 21,
1984 (as adopted by the New Mexico Environmental Improvement Board
(NMEIB) on January 13, 1984), August 19, 1988 (as revised and adopted by
the NMEIB on July 8, 1988), and July 16, 1990 (as revised and adopted by
the NMEID on March 9, 1990), Air Quality Control Regulation 707--
Permits, Prevention of Significant Deterioration (PSD) and its
Supplemental document, is approved as meeting the requirements of part
C, Clean Air Act for preventing significant deterioration of air
quality.
    (b) The requirements of section 160 through 165 of the Clean Air Act
are not met for Federally designated Indian lands. Therefore, the
provisions of Sec. 52.21 (b) through (w) are hereby incorporated by
reference and made a part of the applicable implementation plan, and are
applicable to sources located on land under the control of Indian
governing bodies.
    (c) The plan submitted by the Governor in paragraph (a) of this
section for Prevention of Significant Deterioration is not applicable to
Bernalillo County. Therefore, the following plan described below is
applicable to sources located within the boundaries of Bernalillo County
(including the City of Albuquerque). This plan, submitted by the
Governor of New Mexico on April 14, 1989, August 7, 1989, May 1, 1990,
and May 17, 1993, and respectively adopted on March 8, 1989, July 12,
1989, April 11, 1990, and February 10, 1993, by the Albuquerque/
Bernalillo County Air Quality Control Board, containing Regulation 29--
Prevention of Significant Deterioration and its April 11, 1990,
Supplemental document, is approved as meeting the requirements of part C
of the Clean Air Act for the prevention of significant deterioration of
air quality.
[58 FR 67333, Dec. 21, 1993]
Sec. 52.1635  Rules and regulations.
    (a) Part D disapproval: The requirements of Sec. 51.281 of this
chapter are not met since the measurement provisions of Sections A, B.2,
and B.3 of New Mexico Regulation 506 make these sections unenforceable.
Therefore, Sections A, B.2, and B.3 of Regulation 506 are disapproved.
    (b) Regulation for measurement of emission limitations (particulate
matter from nonferrous smelters). (1) This regulation applies to new and
existing nonferrous smelters as they are defined in New Mexico
Regulation 506. The requirements of this paragraph replace the
requirements of Sections A, B.2, and B.3 of Regulation 506. All other
requirements of Regulation 506 are approved as part of the plan.
[[Page 271]]
    (2) No person owning or operating a new nonferrous smelter shall
permit, cause, suffer, or allow particulate matter emissions to the
atmosphere in excess of 0.03 grains per dry standard cubic foot (as
defined in 40 CFR part 60) of discharge gas.
    (3) No person owning or operating an existing nonferrous smelter
shall permit, cause, suffer, or allow particulate matter to the
atmosphere from:
    (i) The stack or stacks serving the acid plant in excess of 0.05
grains per dry standard cubic foot of discharge gas.
    (ii) The stack or stacks serving the reverberatory feed dryer in
excess of 0.05 grains per dry standard cubic foot of discharge gas.
    (c) Regulation for compliance testing (particulate matter from
nonferrous smelter). The requirements of Sec. 60.8(f) of 40 CFR part 60
shall apply to paragraph (b)(2) of this section, and to each operation
of Section B.4 of New Mexico Regulation 506.
[45 FR 24469, Apr. 10, 1980, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.1636  Visibility protection.
    (a) The requirements of section 169A of the Clean Air Act are not
met for the State of New Mexico, outside the boundaries of Bernalillo
County, because the plan does not include approvable procedures meeting
the requirements of 40 CFR 51.305 and 51.307 for protection of
visibility in mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The
provisions of Secs. 52.21, 52.27, and 52.28 are hereby incorporated and
made part of the applicable plan for the State of New Mexico, outside
the boundaries of Bernalillo County.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of New
Mexico, outside the boundaries of Bernalillo County.
[58 FR 67334, Dec. 21, 1993]
Sec. 52.1637  Particulate Matter (PM<INF>10</INF>) Group II SIP
          commitments.
    (a) On August 19, 1988, the Governor of New Mexico submitted a
revision to the State Implementation Plan (SIP) that contained
commitments, from the Director of New Mexico Environmental Improvement
Division, for implementing all of the required activities including
monitoring, reporting, emission inventory, and other tasks that may be
necessary to satisfy the requirements of the PM<INF>10</INF> Group II
SIPs. The New Mexico Environmental Improvement Board adopted this SIP
revision on July 7 and 8, 1988.
    (b) The State of New Mexico has committed to comply with the
PM<INF>10</INF> Group II State Implementation Plan (SIP) requirements,
as articulated in the Federal Register notice of July 1, 1987 (52 FR
24670), for Dona Ana, Grant, Sandoval, Santa Fe, and Taos counties as
provided in the New Mexico PM<INF>10</INF> Group II SIPs. In addition to
the SIP, a letter from the Director of New Mexico Environmental
Improvement Division, dated July 15, 1988, stated that:
    This letter is in reference to PM<INF>10</INF> Group II State
Implementation Plan (SIP) requirements. In response to the requirements
of the July 1, 1987 Federal Register, notice on PM<INF>10</INF>, the
Environmental Improvement Division has prepared a Committal SIP for
Group II areas. As expressed in this SIP revision, the Division is
committing to carry out all required actions such as monitoring,
reporting, emission inventory development, and other tasks necessary to
satisfy the SIP requirements for PM<INF>10</INF> Group II areas.
[54 FR 20579, May 12, 1989]
Sec. 52.1638  Bernalillo County particulate matter (PM<INF>10</INF>)
          Group II SIP commitments.
    (a) On December 7, 1988, the Governor of New Mexico submitted a
revision to the State Implementation Plan (SIP) for Bernalillo County
that contained commitments, from the Director of the Albuquerque
Environmental Health Department, for implementing all of the required
activities including monitoring, reporting, emission inventory, and
other tasks that may be necessary to satisfy the requirements of the
PM<INF>10</INF> Group II SIPs. The City of Albuquerque and Bernalillo
County Air Quality Control Board adopted this SIP revision on November
9, 1988.
    (b) The Albuquerque Environmental Health Department has committed to
comply with the PM<INF>10</INF> Group II State Implementation Plan (SIP)
requirements, as articulated in the Federal
[[Page 272]]
Register notice of July 1, 1987 (52 FR 24670), for Bernalillo County as
provided in the County's PM<INF>10</INF> Group II SIP. In addition to
the SIP, a letter from the Director of the Albuquerque Environmental
Health Department, dated November 17, 1988, stated that:
    (1) This letter is in reference to the PM<INF>10</INF> Group II SIP
requirements particularly as pertains to Bernalillo County. In response
to the requirements of the July 1, 1987 Federal Register notice on
PM<INF>10</INF>, the Albuquerque Environmental Health Department has
prepared a Committal SIP for all of Bernalillo County which has been
classified Group II for this pollutant.
    (2) As expressed in the attached SIP revision, the Department is
committing to carry out all required actions such as monitoring,
reporting, emission inventory development and other tasks necessary to
satisfy the SIP requirements for PM<INF>10</INF> Group II areas.
[54 FR 23477, June 1, 1989]
Sec. 52.1639  Prevention of air pollution emergency episodes.
    (a) The plan submitted by the Governor of New Mexico on August 19,
1988, and as adopted on July 7, 1988, by the New Mexico Environmental
Improvement Board, entitled Air Pollution Episode Contingency Plan for
New Mexico, is approved as meeting the requirements of section 110 of
the Clean Air Act and 40 CFR part 51, subpart H. This plan is only
approved for the State of New Mexico outside of the boundaries of
Bernalillo County.
    (b) The plan submitted by the Governor in (a) for the Air Pollution
Episode Contingency Plan is not applicable to Bernalillo County.
Therefore, the following plan described below is applicable to sources
located within the boundaries of Bernalillo County (including the City
of Albuquerque). This plan, submitted by the Governor of New Mexico on
April 14, 1989, and adopted on January 26, 1989, by the Albuquerque/
Bernalillo County Air Quality Control Board, entitled Air Pollution
Episode Contingency Plan for Bernalillo County, is approved as meeting
the requirements of section 110 of the Clean Air Act and 40 CFR part 51,
subpart H.
[56 FR 38074, Aug. 12, 1991]
Sec. 52.1640  Original identification of plan section.
    (a) This section identifies the original ``State of New Mexico
Implementation Plan'' and all revisions submitted by New Mexico that
were federally approved prior to January 1, 1998.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The Plan revisions listed below are submitted on the dates
specified.
    (1) The Environmental Improvement Agency submitted revisions of Air
Quality Control Regulations 506, 507, 604, 605, 606, 651, and 652
(adopted by the Board on January 10, 1972) on March 7, 1972.
    (2) Additions of sections 12-14-1 through 12-14-13 of the State's
Air Quality Control Act, and Regulations 504, 602, and 603 were
submitted by the Governor on May 9, 1972.
    (3) Revisions of Regulations 702, 703, 704, and 705, as adopted by
the Board on July 29, 1972, and revisions of Sections IV, V, VII, and
VIII, were submitted by the Environmental Improvement Agency on July 31,
1972.
    (4) State Attorney General's opinion on legal authority and
confidentiality of source data was submitted on September 4, 1972. (Non-
regulatory)
    (5) Revisions of the New Source Review and Source Surveillance
sections of the New Mexico Implementation Plan were submitted by the
Environmental Improvement Agency on January 3, 1973. (Non-regulatory)
    (6) Clarification of the State permit and source surveillance
regulations was submitted by the Environmental Improvement Agency on
January 18, 1973. (Non-regulatory)
    (7) Regulation 705, Compliance Schedules, was submitted by the
Governor on February 12, 1974.
    (8) Revisions to Regulation 602, Coal Burning Equipment-Sulfur
Dioxide, as adopted by the New Mexico Environmental Improvement Board on
December 13, 1974, were submitted by the Governor on October 3, 1975
(see Sec. 52.1624).
    (9) Revisions to Regulation 100, Definitions, Regulation 705,
Schedules of Compliance, and a new Regulation 706,
[[Page 273]]
Air Quality Maintenance Areas, were submitted by the Governor on
November 6, 1975 (see Sec. 52.1633).
    (10) Revisions to sections 12-14-2, 12-14-6, and 12-14-7 of the New
Mexico Air Quality Control Act were submitted by the Governor on
November 6, 1975.
    (11) Revisions to the plan for attainment of standards for
particulate matter in Albuquerque and Grant, Eddy and Lea Counties,
sulfur dioxide in San Juan and Grant Counties; ozone in Albuquerque and
carbon monoxide in Las Cruces, Farmington and Santa Fe were submitted by
the Governor on January 23, 1979.
    (12) Ordinance for motor vehicle emissions inspection/maintenance
program for Albuquerque submitted by the Governor July 2, 1979.
    (13) Commitments regarding the development of a TSP plan for
Albuquerque, modifications to the permit regulations and commitments
regarding reasonable further progress and commitments to currently
planned transportation control measures for Albuquerque were submitted
by the Governor on August 2, 1979.
    (14) Schedule for Albuquerque TSP plan, request for 18 month
extension for submission of a plan for attainment of the TSP standard in
Grant County, schedule for revising permit regulations were submitted by
the Governor on September 25, 1979.
    (15) No action is being taken on the carbon monoxide strategies
submitted by the Governor on January 23, 1979 for Farmington and Santa
Fe.
    (16) Compliance schedules for several industries located in Eddy,
Lea and Grant Counties were submitted to EPA by the Governor of New
Mexico on July 25, 1979.
    (17) Revisions to the plan for attainment of the standard for carbon
monoxide in Bernalillo County were submitted by the Governor on March
17, 1980.
    (18) A commitment to not issue permits to stationary sources located
in nonattainment areas was submitted by the Governor on May 20, 1980.
    (19) A commitment to submit an enforcement plan for the Albuquerque-
Bernalillo County inspection/maintenance program was submitted by the
Governor on October 10, 1980.
    (20) On December 12, 1979, the Governor submitted final revisions to
the ambient monitoring portion of plan.
    (21) A variance to Regulation 506 for Phelps Dodge Corporation,
Hidalgo Smelter in Playas, New Mexico was submitted by the Governor on
February 4, 1980.
    (22) Revisions to Regulation 602, Coal Burning Equipment-Sulfur
Dioxide and a compliance schedule for that regulation were adopted on
November 20, 1980 by the New Mexico Environmental Improvement Board and
submitted by the Governor on November 24, 1980. A revised sulfur dioxide
control strategy demonstration for San Juan County, based on revised
Regulation 602 was submitted by the New Mexico Environmental Improvement
Division on February 12, 1981. Clarifications of provisions in revised
regulation 602, and a memorandum of understanding between the State and
Arizona Public Service Company on the procedure to be used by EPA in
enforcing power plant station emission limits were submitted by the New
Mexico Environmental Improvement Division on April 16, 1981.
    (23) A revision to Regulation 504 which extends the final compliance
date for Units 4 and 5 of the Arizona Public Service Four Corners Power
Plant to December 31, 1982 was submitted by the Governor on June 28,
1978. A compliance schedule for the same units was submitted by the
Governor on March 31, 1980.
    (24) A revision to Regulation 507, changing the emission limitations
was submitted by the Governor on January 23, 1979.
    (25) A variance to Regulation 603 for the Arizona Public Service
Units 3, 4, and 5 at the Four Corners Generating Station, was submitted
by the Governor on July 31, 1980.
    (26) Revision to the plan for maintenance of pay for sources subject
to nonferrous smelter orders (Section 74-2-11.1B of the New Mexico Air
Quality Control Act) was submitted by the Governor on September 26,
1979.
    (27) The New Mexico Plan for lead was submitted to EPA on May 19,
1980, by the Governor of New Mexico as adopted by the New Mexico
Improvement Board on May 9, 1980. A clarifying
[[Page 274]]
letter dated February 10, 1982 also was submitted.
    (28) Revisions to Regulation 652, Non-Ferrous Smelters--Sulfur,
submitted by the Governor on June 22, 1981. A revised sulfur dioxide
control strategy demonstration for Grant County based on the revised
Regulation 652 was submitted by the New Mexico Environmental Improvement
Division on May 12, 1981 and August 13, 1981.
    (29) A revision to Regulation 401, Regulation to Control Smoke and
Visible Emissions, was adopted by the Environmental Improvement Board on
August 25, 1978 and submitted by the Governor on November 8, 1978.
    (30) Revision to New Mexico Regulation 801, Excess Emissions during
Malfunction, Startup, Shutdown or Scheduled Maintenance, was submitted
by the Governor on May 16, 1981.
    (31) Revisions to Section X, Intergovernmental Consultation and
Cooperation and Interstate Pollution Abatement, submitted by the
Governor on January 23, 1979, the Intergovernmental Consultation Program
submitted by the Environmental Improvement Division, March 28, 1980 and
copies of letters from the New Mexico Environmental Improvement Division
dated November 7, 1977 to the States of Texas, Oklahoma, Arizona,
Colorado, and Utah sent in compliance with section 126(a)(2) of the
Clean Air Act, as amended in 1977.
    (32) Revisions to Air Quality Control Regulation 652, Nonferrous
Smelters--Sulfur were adopted by the New Mexico Environmental
Improvement Board on June 11, 1982 and submitted to EPA by the Governor
of New Mexico on July 26, 1982.
    (33) Addition of Public Information and Participation Program,
submitted by the Environmental Improvement Division on December 20,
1979.
    (34) Revisions to the plan for attainment of the standard for Carbon
Monoxide in Bernalillo County were submitted by the Governor on June 28,
1982, and January 26, 1983, which included the Albuquerque/Bernalillo
County Air Quality Control Board Regulation Number 28, adopted October
19, 1982. On March 4, 1985, the vehicle inspection and maintenance
portion of the SIP providing for attainment of the standard for Carbon
Monoxide in Bernalillo County was disapproved.
    (35) Revisions to sections 74-2-2 (9/79, 2/82, 4/83); 74-2-5 (9/79,
2/82, 4/83); 74-2-6 (2/82); 74-2-7 (9/79, 2/82, 4/83); 74-2-9 (9/79);
74-2-11 (9/79); 74-2-11.1 (9/79); 74-2-15 (9/79); and 74-2-15.1 (9/79)
of the State's Air Quality Control Act were submitted by the New Mexico
Secretary for Health and Environment on August 11, 1983.
    (36) A revision to Air Quality Control Regulation 402 ``Regulation
to Control Wood Waste Burners'' as adopted by the New Mexico
Environmental Improvement Board on January 10, 1975, and revised by that
Board on December 10, 1982, was submitted by the State on December 23,
1983.
    (37) On February 21, 1984, the Governor of New Mexico submitted Air
Quality Control Regulation 707--Permits, Prevention of Significant
Deterioration (PSD), as adopted by the New Mexico Environmental
Improvement Board on January 13, 1984. Regulation 707 provides authority
for the State to implement the PSD program in certain areas of the
State. On May 14, 1985, the Governor of New Mexico submitted a letter in
which he committed the State not to issue PSD permits under Regulation
707 to sources which would require review under EPA's stack height
regulations because they would have stack heights over sixty five (65)
meters or would use any other dispersion techniques, as defined at 40
CFR 51.1(hh).
    (i) Incorporation by reference.
    (A) Letter from the Governor of New Mexico dated February 21, 1984
to EPA, and New Mexico Air Quality Control Regulation No. 707--Permits,
Prevention of Significant Deterioration of Air Quality, except for
sources that locate (or are located) on lands under control of Indian
Governing Bodies, or sources that locate (or are located) in Bernalillo
County, or sources that require review under EPA's stack height
regulations because they have stack heights over sixty five (65) meters
or use any other dispersion techniques, as defined at 40 CFR 51.1(hh),
adopted on January 13, 1984.
    (B) A letter from the Governor of New Mexico dated May 14, 1985, in
which he committed the State not to
[[Page 275]]
issue PSD permits under Regulation 707 to source which would require
review under EPA's stack height regulations because they would have
stack heights over sixty five (65) meters or would use any other
dispersion techniques, as defined at 40 CFR 51.1(hh).
    (ii) Additional material.
    (A) A narrative explantion entitled ``Revision to the New Mexico
State Implementation Plan--Prevention of Significant Deterioration of
Air Quality.''
    (38) Revisions to the New Mexico SIP for the Arizona Public Service
Units 3, 4 and 5 at the Four Corners Generating Station were submitted
by the Governor on February 4, 1987, October 26, 1987, and February 16,
1988.
    (i) Incorporation by reference.
    (A) An Order dated and effective August 7, 1986, issued by the
Chairman of the New Mexico Environmental Improvement Board in the matter
of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4
and 5 of the Four Corners Power Plant granting a variance through May
31, 1987, from Air Quality Control Regulation 603.B.
    (B) A Memorandum and Order dated and effective April 10, 1987,
issued by the Chairman of the New Mexico Environmental Improvement Board
in the matter of Arizona Public Service Company, Fruitland, New Mexico
for Units 3, 4 and 5 of the Four Corners Power Plant extending the term
of the variance from May 31, 1987 through October 15, 1987.
    (C) An Order dated and effective December 18, 1987, issued by the
Chairman of the New Mexico Environmental Improvement board in the matter
of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4
and 5 of the Four Corners Power Plant extending the term of the variance
through September 30, 1989 for Unit 4, September 30, 1990 for Unit 3,
and September 30, 1991 for Unit 5.
    (ii) Additional material. (A) Modeling Protocol, The Four Corners
Power Plant, prepared by Bruce Nicholson of the New Mexico Environmental
Improvement Division, November 6, 1987.
    (B) Amendment to Modeling Protocol, letter of August 17, 1988, from
Bruce Nicholson of the New Mexico Environmental Improvement Division to
Gerald Fontenot of EPA Region 6.
    (C) Modeling Report, letter of October 27, 1988 to C. V. Mathai
(Arizona Public Service Company) and Bruce Nicholson (New Mexico
Environmental Improvement Division) from Mark Yocke of Systems
Applications Inc.
    (D) An air quality impact analysis dated November 16, 1988,
submitted by the Governor of New Mexico which demonstrated that the
variance would not interfere with attainment or maintenance of the
NO<INF>2</INF> NAAQS.
    (39) On April 26, 1988, the Governor of New Mexico submitted a
revision to the State Implementation Plan that contained Air Quality
Control Regulation No. 710--Stack Height Requirements, as adopted by the
New Mexico Environmental Improvement Board on March 10, 1988. Regulation
No. 710 enables the State to ensure that the degree of emission
limitation required for the control of any air pollutant under its SIP
is not affected by that portion of any stack height that exceeds GEP or
by any other dispersion technique.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation No. 710--Stack Height
Requirements, effective April 14, 1988.
    (ii) Other material--None.
    (40) On November 5, 1985, the Governor of New Mexico submitted Air
Quality Control Regulation 709, Permits-Nonattainment Areas, as adopted
by the New Mexico Environmental Improvement Board on July 26, 1985, and
effective on August 25, 1985. On August 19, 1988, the Governor of New
Mexico submitted revisions to Air Quality Control Regulation 709,
Permits--Nonattainment Areas, as adopted by the New Mexico Environmental
Improvement Board on July 8, 1988, and effective on August 31, 1988.
These revisions were to Section G.3, H.4.(d), J.1.(b)(iv), and L.32.
Regulation 709 establishes a program under which new major source and
major modifications may be constructed in areas where a National Ambient
Air Quality Standard (NAAQS) is being exceeded, without interfering with
the continuing progress toward attainment of that standard. This
regulation is part of New Mexico's New Source Review (NSR) program.
    (i) Incorporation by reference.
[[Page 276]]
    (A) Incorporation of New Mexico Air Quality Control Regulation 709;
adopted on July 26, 1985, effective August 25, 1985 and Revisions G.3;
H.4.(d); J.1.(b)(iv); and L.32 adopted on July 8, 1988, effective August
31, 1988.
    (ii) Additional material.
    (A) Letter dated September 29, 1988, from the New Mexico Air Quality
Bureau Chief making commitments requested by EPA in the August 31, 1988,
Federal Register Proposed Rulemaking (51 FR 33505).
    (41) Revisions to the New Mexico State Implementation Plan for
particulate matter (PM<INF>10</INF> Group III): (1) Air Quality Control
Regulation (AQCR) 100--Definitions Sections P, Q, R, S, BB; (2) AQCR
707--Permits, Prevention of Significant Deterioration (PSD) Sections C,
E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40), Table 2, and
Table 3; and (3) AQCR 709--Permits, Nonattainment Areas sections
A(1)(b), A(5), and Table 1 as adopted by the New Mexico Environmental
Improvement Board (NMEIB) on July 8, 1988, and filed with State Records
Center on August 1, 1988; and (4) Air Pollution Episode Contingency Plan
for New Mexico, as adopted by the NMEID on July 7, 1988, were submitted
by the Governor on August 19, 1988. Approval of the PM10 Group III SIP
is partially based on previous approved AQCRs 100, 301, 401, 402, 501,
502, 506, 507, 508, 509, 510, 511, 601, 702, 707, and 709.
    (i) Incorporation by reference.
    (A) AQCR 100--Definitions Section P, Q, R, S, and BB as filed with
State Records Center on August 1, 1988.
    (B) AQCR 707--Permits, Prevention of Significant Deterioration (PSD)
Sections C, E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40),
Table 2, and Table 3, as filed with State Records Center on August 1,
1988.
    (C) AQCR 709--Permits, Nonattainment Areas Sections A(1)(b), A(5),
and Table 1 as filed with State Records Center on August 1, 1988.
    (ii) Additional material.
    (A) A letter dated May 25, 1988, from the NMEID General Counsel to
EPA's Region 6 Air Programs Chief indicating that the State of New
Mexico has sufficient authority to enforce the NAAQS without adopting
the Federal NAAQS as State standards.
    (42) [Reserved]
    (43) A revision to the New Mexico State Implementation Plan (SIP) to
include Air Quality Control Regulation 700--Filing and Permit Fees, as
filed with the State Records and Archives Center on November 20, 1989,
and submitted by the Governor of New Mexico on May 14, 1990.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation 700--Filing and Permit
Fees, as filed with the State Records and Archives Center on November
20, 1989.
    (44) A revision to the New Mexico State Implementation Plan (SIP) to
include: Air Quality Control Regulation 110--Confidential Information
Protection, and Air Quality Control Regulation 703.1--Notice of Intent
and Emissions Inventory Requirements, and revisions to Air Quality
Control Regulations 100--Definitions and 709--Permits--Nonattainment
Areas, as all filed with the State Records and Archives Center on May
29, 1990, and submitted by the Governor of New Mexico on July 16, 1990;
and revisions to Air Quality Control Regulation 702--Permits, as filed
with the State Records and Archives Center on August 18, 1987, on
October 19, 1988, and on May 29, 1990. Air Quality Control Regulation
702 was first submitted by the Governor of New Mexico to EPA on
September 17, 1987. Further revisions to Air Quality Control Regulation
702 were submitted to EPA on October 28, 1988, and on July 16, 1990. The
approval of Air Quality Control Regulation 703.1 allows Air Quality
Control Regulation 703 to be removed from the New Mexico State
Implementation Plan.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation 110--Confidential
Information Protection, as filed with the State Records and Archives
Center on May 29, 1990.
    (B) New Mexico Air Quality Control Regulation 703.1--Notice of
Intent and Emissions Inventory Requirements, ``Part One--Definitions;''
``Part Two--Notice of Intent;'' and ``Part Three--Emissions Inventory
Requirements,'' as filed with the State Records and Archives Center on
May 29, 1990.
[[Page 277]]
    (C) New Mexico Air Quality Control Regulation 100--Definitions,
sections (B), (C), (D), (E), (F), (G), (H), (I), (J), (N), (O), (T),
(U), (V), (W), (X), (Y), (Z), (AA), (CC), (DD), and (EE), as filed with
the State Records and Archives Center on May 29, 1990.
    (D) New Mexico Air Quality Control Regulation 702--Permits, ``Part
One--Definitions,'' first paragraph and sections 1, 2, 3, 4, 5; ``Part
Two--Permit Processing and Requirements,'' section A, subsections A(4),
A(6); section G, ``Public Notice and Participation,'' subsections G(1)
(first paragraph), G(1)(e); section H, ``Permit Decisions and Appeals,''
subsections H(1), H(2), H(3), H(5), H(6), H(7); Section I, ``Basis for
Denial of Permit,'' subsections I(1), I(3); Section J, ``Additional
Legal Responsibilities on Applicants;'' section K, ``Permit
Conditions,'' subsections K(1), K(2), K(3), K(4); section L, ``Permit
Cancellations;'' section M, ``Permittee's Notification Requirements to
Division,'' subsections M (first paragraph), M(1); Section O, ``Source
Class Exemption Process (Permit Streamlining),'' subsections O(1)(a),
O(2); and section P, ``Emergency Permit Process,'' subsections P(2),
P(3), P(4), as filed with the State Records and Archives Center on
August 18, 1987; and further revisions to Air Quality Control Regulation
702, ``Part One--Definitions,'' sections 6, 7, 8, 9, 10, 11; ``Part
Two--Permit Processing and Requirements,'' section A, subsection
A(1)(b); section H, ``Permit Decisions and Appeals,'' subsection H(4);
and section I, ``Basis for Denial of Permit,'' subsection I (first
paragraph), as filed with the State Records and Archives Center on
October 19, 1988; and further revisions to Air Quality Control
Regulation 702, ``Part One--Definitions,'' Sections 12, 13, 14, 15, 16,
17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33;
``Part Two--Permit Processing and Requirements,'' section A,
``Application for Construction, Modification, NSPS, and NESHAP--Permits
and Revisions,'' Subsections A(1)(a)(i), A(1)(a)(ii), A(1)(a)(iii),
A(1)(a)(v), A(2), A(3), A(5), A(7); Section B, ``New Source Review
Coordination;'' section C, ``Permit Revision;'' section D, ``Contents of
Applications (except last sentence of section D, subsection D(1)(d));''
section E, ``Confidential Information Protection;'' section F,
``Construction, Modification and Permit Revision in Bernalillo County;''
section G, ``Public Notice and Participation,'' subsections G(1)(a),
G(1)(b), G(1)(c), G(1)(d), G(1)(f), G(2); section I, ``Basis for Denial
of Permit,'' subsections I(2), I(4), I(5), I(6), I(7); section K,
``Permit Conditions,'' subsection K(5); section M, ``Permittee's
Notification Requirements to Division,'' Subsections M(2), M(3), M(4);
section N, ``Startup and Followup Testing;'' Section O, ``Source Class
Exemption Process (Permit Streamlining),'' subsections O(1) (first
paragraph), O(1)(b), O(1)(c), O(3), O(4); section P, ``Emergency Permit
Process,'' subsections P(1), P(5); section Q, ``Nonattainment Area
Requirements;'' and Table 1, ``Significant Ambient Concentrations,'' as
filed with the State Records and Archives Center on May 29, 1990.
    (E) New Mexico Air Quality Control Regulation 709--Permits--
Nonattainment Areas, section A, ``Applicability,'' subsections A(1),
A(3), A(4); section B, ``Source Obligation,'' subsections B(3), B(5),
B(6); section C, ``Source Information,'' subsections C (first
paragraph), C(1), C(2); section D, ``Source Requirements,'' subsections
D(1), D(2), D(3), D(4), D(5); section E, ``Additional Requirements for
Sources Impacting Mandatory Federal Class I Areas,'' subsections E(1),
E(2), E(5); section H, ``Banking of Emission Reduction,'' subsection
H(4)(a); section I, ``Air Quality Benefit,'' subsections I(1), I(2);
section J, ``Public Participation and Notification;'' section K,
``Definitions;'' and Table 2, ``Fugitive Emissions Source Categories,''
Title only, as filed with the State Records and Archives Center on May
29, 1990.
    (45) On July 11, 1986, the Governor of New Mexico submitted a
revision to the State Implementation Plan that contained Albuquerque/
Bernalillo County Air Quality Control Regulation (AQCR) No. 33--Stack
Height Requirements, as filed with the State Records and Archives Center
on June 18, 1986. Further, on April 14, 1989, the Governor submitted
revisions to AQCR 33, as filed with the State Records and Archives
Center on March 16, 1989. In addition, on August 7, 1989, the Governor
[[Page 278]]
submitted a commitment found in the July 12, 1989 Supplement to AQCR 33
to include specific caveat language on all affected permits issued in
which dispersion credits have been an issue in the permit. AQCR 33
enables Albuquerque/Bernalillo County to ensure that the degree of
emission limitation required for the control of any air pollutant under
its SIP is not affected by that portion of any stack height that exceeds
GEP or by any other dispersion technique.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation
33--Stack Height Requirements, as filed with the State Records and
Archives Center on June 18, 1986, and as revised on March 16, 1989.
    (ii) Additional material.
    (A) The Supplement to the State of New Mexico's SIP regarding stack
heights in new source review (NSR) for permits issued in Bernalillo
County, as adopted by the Albuquerque/Bernalillo County Air Quality
Control Board on July 12, 1989. The Board in this Supplement committed
to include specific caveat language for all affected permits issued in
which dispersion credits have been an issue in the permit.
    (46) Revisions to the New Mexico State Implementation Plan for Air
Quality Control Regulation (AQCR) 707--Permits, Prevention of
Significant Deterioration (PSD) (for PSD nitrogen dioxide increments)
Sections O(4), P(7) through P(41), Table 4, and Table 5, as adopted by
the New Mexico Environmental Improvement Board (NMEIB) on March 9, 1990,
and filed with State Records Center on May 29, 1990, were submitted by
the Governor on July 16, 1990.
    (i) Incorporation by reference.
    (A) AQCR 707--Permits, Prevention of Significant Deterioration (PSD)
sections O(4), P(7) through P(41), Table 4, and Table 5, as filed with
State Records Center on May 29, 1990.
    (ii) Additional Material--None.
    (47) A revision to the New Mexico State Implementation Plan (SIP) to
include Part Four of Air Quality Control Regulation 702, entitled
``Source Class Permit Streamlining,'' as filed with the State Records
and Archives Center on May 12, 1992, and submitted by the Governor of
New Mexico by letter dated June 16, 1992.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation 702--Permits, ``Part
Four--Source Class Permit Streamlining,'' Section A, ``Definitions;''
Section B, ``Applicability;'' Section C, ``Contents of Application;''
Section D, ``Public Notice and Participation;'' Section E, ``Permit
Decisions;'' Section F, ``General Requirements;'' Section G, ``Source
Class Requirements;'' and Table 2, ``Permit Streamlining Source Class
Categories,'' as filed with the State Records and Archives Center on May
12, 1992.
    (48) A revision to the New Mexico SIP to include revisions to Air
Quality Control Regulation 709--Permits--Nonattainment Areas, as filed
with the State Records and Archives Center on June 25, 1992.
    (i) Incorporation by reference.
    (A) Revisions to New Mexico Air Quality Control Regulation 709--
Permits--Nonattainment Areas, Section D, ``Source Requirements,''
Subsections D(2), D(3)(a), D(5), D(6); Section G, ``Emission Offsets,''
Subsection G(5); Section I, ``Air Quality Benefit,'' Subsection I(1);
and Section J, ``Public Participation and Notification,'' Subsection
J(2) (first paragraph), as filed with the State Records and Archives
Center on June 25, 1992.
    (49) A revision to the New Mexico State Implementation Plan (SIP) to
include revisions to Albuquerque/Bernalillo County Air Quality Control
Board Regulation 8--Airborne Particulate Matter, as filed with the State
Records and Archives Center on February 17, 1983, and submitted by the
Governor of New Mexico by letter dated June 16, 1992.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Board
Regulation 8--Airborne Particulate Matter, Section 8.03, ``Soil
Disturbance,'' Subsections 8.03.1, 8.03.2, 8.03.3, 8.03.4, 8.03.5,
8.03.6, 8.03.7, and 8.03.8, as filed with the State Records and Archives
Center on February 17, 1983.
    (50) A revision to the New Mexico State Implementation Plan (SIP)
addressing moderate PM-10 nonattainment area requirements for Anthony
[[Page 279]]
was submitted by the Governor of New Mexico by letter dated November 8,
1991. The SIP revision included, as per section 188(f) of the Clean Air
Act, a request for a waiver of the attainment date for Anthony.
    (i) Incorporation by reference.
    (A) Revision to New Mexico Air Quality Control Regulation 301--
Regulation to Control Open Burning, section I (definition of ``open
burning''), as filed with the State Records and Archives Center on
February 7, 1983.
    (ii) Additional material.
    (A) November 8, 1991, narrative plan addressing the Anthony moderate
PM-10 nonattainment area, including emission inventory, modeling
analyses, and control measures.
    (B) A letter dated October 29, 1991, from Judith M. Price, Dona Ana
County Planning Director and Assistant County Manager, to Judith M.
Espinosa, Secretary of the New Mexico Environment Department, in which
the County committed to implement and enforce all Dona Ana County rules,
regulations, policies and practices, including those identified in the
draft PM-10 SIP which reduce airborne dust in the Anthony area. The Dona
Ana County rules, regulations, policies and practices identified in the
draft Anthony PM-10 SIP are identical to those identified in the final
Anthony PM-10 SIP.
    (C) A letter dated November 21, 1991, from Cecilia Williams, Chief,
New Mexico Air Quality Bureau, to Gerald Fontenot, Chief, Air Programs
Branch, EPA Region 6, expressing satisfaction with the October 29, 1991,
commitment letter from Judith Price to Judith Espinosa.
    (D) Anthony PM-10 SIP narrative from page 10 that reads as follows:
``The State remains committed to the dust control measures implemented
by Dona Ana County, moderate area control strategies as agreed to in
this SIP submittal and to the established air quality monitoring
schedule.''
    (51) A revision to the New Mexico SIP addressing the nonattainment
new source review program for Albuquerque/Bernalillo County, outside the
boundaries of Indian lands, was submitted by the Governor of New Mexico
on April 14, 1989, August 7, 1989, and May 17, 1993. The revision
included visibility protection new source review and stack height
provisions.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation
32--Construction Permits--Nonattainment Areas, Section A,
``Applicability,'' Subsection A(2); Section B, ``Source Obligation,''
Subsections B(1), B(2), B(4); Section C, ``Source Information,''
Subsection C(3); Section G, ``Emission Offsets,'' Subsections G(first
paragraph), G(1), G(2), G(4), G(6), G(7), G(8), G(9)(first paragraph),
G(9)(a), G(9)(b), G(10); Section J, ``Public Participation and
Notification,'' Subsections J(1), J(2)(a), J(2)(d), J(2)(f), J(2)(g),
J(2)(h); Section K, ``Definitions,'' Subsections K(first paragraph),
K(1), K(2), K(4), K(5), K(6), K(8), K(9), K(10), K(11), K(12), K(13),
K(15), K(16)(first paragraph), K(16)(b), K(16)(c)(first paragraph),
K(16)(c)(i), K(16)(c)(ii), K(16)(c)(iii), K(16)(c)(iv),
K(16)(c)(v)(first paragraph), K(16)(c)(v)(a), K(16)(c)(vi),
K(16)(c)(vii), K(16)(d), K(16)(e), K(17)(first paragraph), K(17)(a),
K(17)(b), K(17)(c), K(18), K(19), K(20), K(21)(first paragraph),
K(21)(a), K(21)(b)(first paragraph), K(21)(b)(i), K(21)(c), K(21)(d),
K(21)(e), K(21)(f), K(23), K(26), K(28), K(29), K(31), K(32); and Table
1, ``Significant Ambient Concentrations,'' as filed with the State
Records and Archives Center on March 16, 1989; and further revisions to
AQCR 32, Section i, ``Purpose;'' Section A, ``Applicability,''
Subsections A(1), A(3), A(4); Section B, ``Source Obligation,''
Subsections B(3), B(5), B(6); Section C, ``Source Information,''
Subsections C(first paragraph), C(1), C(2); Section D, ``Source
Requirements;'' Section E, ``Additional Requirements for Sources;''
Section F, ``Emissions Offset Baseline;'' Section G, ``Emission
Offsets,'' Subsections G(3), G(5), G(9)(c); Section H, ``Banking of
Emission Reduction;'' Section I, ``Air Quality Benefit;'' Section J,
``Public Participation and Notification,'' Subsections J(2)(first
paragraph), J(2)(b), J(2)(c), J(2)(e); Section K, ``Definitions,''
Subsections K(3), K(7), K(14), K(16)(a), K(16)(c)(v)(b), K(17)(d),
K(17)(e), K(21)(b)(ii), K(22), K(24), K(25), K(27), K(30); and Table 2,
``Fugitive Emissions Source Categories,'' as filed with the State
[[Page 280]]
Records and Archives Center on February 26, 1993.
    (ii) Additional material.
    (A) The Supplement to the New Mexico State Implementation Plan to
Control Air Pollution in Areas of Bernalillo County Designated
Nonattainment, as approved by the Albuquerque/Bernalillo County Air
Quality Control Board on April 14, 1993. This supplement superseded the
supplement dated July 12, 1989.
    (B) A letter dated July 18, 1989, from Sarah B. Kotchian, Director,
Albuquerque Environmental Health Department, to Mr. Robert E. Layton
Jr., Regional Administrator, EPA Region 6, regarding a stack height
commitment and an NSPS/NESHAP performance testing commitment.
    (52) A revision to the New Mexico SIP addressing CO for Albuquerque/
Bernalillo County was submitted by the Governor of New Mexico by letter
dated November 5, 1992.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation 34-Woodburning, section
34.00, ``Purpose;'' section 34.01, ``Definitions;'' section 34.02,
``Sale of New Wood Heaters-Certification Required;'' section 34.03,
``No-burn Periods;'' section 34.04, ``Notice Required;'' Section 34.05,
``Exemptions;'' section 34.06, ``Visible Emissions;'' section 34.07,
``Test Procedures;'' and section 34.08, ``Misfueling of Solid Fuel
Heating Devices Prohibited,'' as filed with the State Records and
Archives Center on November 27, 1991.
    (B) Albuquerque/Bernalillo County Regulation 35-Alternative Fuels,
section 35.00, ``Purpose;'' section 35.01, ``Definitions;'' section
35.02, ``Oxygenated Fuels;'' section 35.03, ``Oxygenated Fuels
Procedures Manual;'' and section 35.07, ``Severability Clause,'' as
filed with the State Records and Archives Center on June 25, 1992.
    (ii) Additional material.
    (A) November 5, 1992, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the Albuquerque/
Bernalillo County 1990 base year CO emissions inventory.
    (B) A letter dated March 22, 1993, from Sarah B. Kotchian, Director,
Albuquerque Environmental Health Department (Department), to A. Stanley
Meiburg, Director, Air, Pesticides and Toxics Division, EPA Region 6, in
which the Department committed to submitting future amendments to
Regulation 34 to correct an enforceability deficiency, and in which the
Department committed to using only EPA approved test methods until the
future amendment correcting the enforceability deficiency is approved by
the EPA.
    (C) A memorandum dated September 8, 1992, from Kent A. Salazar,
Manager, Albuquerque Vehicle Pollution Management Division, to Albert
Salas, Quality Assurance Specialist Supervisor, Albuquerque Vehicle
Pollution Management Division, addressing the suspension of the
oxygenated fuels program due to oxygenate shortage.
    (53) A revision to the New Mexico SIP addressing the prevention of
significant deterioration program for Albuquerque/Bernalillo County,
outside the boundaries of Indian lands, was submitted by the Governor of
New Mexico on April 14, 1989, August 7, 1989, May 1, 1990, and May 17,
1993. The revision included NO<INF>2</INF> increment provisions and
visibility protection NSR.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation
(AQCR) 29--Prevention of Significant Deterioration, Section A,
``Applicability;'' Section B, ``Exemptions;'' Section C, ``Source
Obligation;'' Section D, ``Source Information;'' Section E, ``Control
Technology Requirements,'' Subsections E(1), E(2), E(4)(a), E(4)(b),
E(4)(c), E(4)(d), E(4)(e), E(5), E(6), E(7), E(8); Section F, ``Ambient
Impact Requirements,'' Subsections F(1), F(2); Section G, ``Additional
Impact Requirements;'' Section H, ``Ambient Air Quality Modeling;''
Section I, ``Monitoring Requirements,'' Subsections I(1), I(2), I(3),
I(4), I(5), I(7), I(8), I(9); Section J, ``Stack Height Credit;''
Section K, ``Temporary Source Exemptions;'' Section L, ``Public
Participation and Notification;'' Section M, ``Restrictions on Area
Classifications;'' Section N, ``Exclusions from Increment Consumption;''
Section O, ``Additional Requirements for Sources Impacting Federal Class
I Areas,'' Subsections O(1), O(2), O(3), O(5), O(6), O(7); Section
[[Page 281]]
P, ``Definitions,'' Subsections P(first paragraph), P(1), P(2), P(3),
P(4), P(5), P(6), P(26)(first paragraph), P(26)(a), P(26)(c), P(26)(d),
P(27); and Table 3, ``Significant Monitoring Concentrations,'' as filed
with the State Records and Archives Center on March 16, 1989; and
further revisions to AQCR 29, Section O, ``Additional Requirements for
Sources Impacting Federal Class I Areas,'' Subsection O(4); Section P,
``Definitions,'' Subsections P(8), P(9), P(10), P(12), P(13)(first
paragraph), P(13)(a), P(14), P(15), P(16), P(17), P(18), P(19), P(20),
P(21), P(22), P(23), P(24), P(25), P(26)(e), P(28), P(29), P(30), P(31),
P(32), P(33), P(34), P(35), P(36), P(37), P(38), P(39), P(40), P(41);
and Table 5, ``Maximum Allowable Increases for Class I Waivers,'' as
filed with the State Records and Archives Center on April 24, 1990; and
further revisions to AQCR 29, Section E, ``Control Technology
Requirements,'' Subsections E(3), E(4)(first paragraph); Section F,
``Ambient Impact Requirements,'' Subsection F(3); Section I,
``Monitoring Requirements,'' Subsection I(6); Section P,
``Definitions,'' Subsections P(7), P(11), P(13)(b), P(26)(b); Table 1,
``PSD Source Categories;'' Table 2, ``Significant Emission Rates;''
Table 4, ``Allowable PSD Increments;'' and Table 6, ``Maximum Allowable
Increase for Sulfur Dioxide Waiver by Governor,'' as filed with the
State Records and Archives Center on February 26, 1993.
    (B) Albuquerque/Bernalillo County Air Quality Control Board
Regulation 2--Definitions, Sections 2.31, 2.32, 2.33, 2.34, 2.35, 2.36,
2.37, 2.38, 2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 2.45, 2.46, 2.47, 2.48,
2.49, 2.50, 2.51, and 2.52, as filed with the State Records and Archives
Center on March 16, 1989.
    (ii) Additional material.
    (A) The Supplement to the New Mexico State Implementation Plan for
Prevention of Significant Deterioration in Albuquerque/Bernalillo
County, as approved by the Albuquerque/Bernalillo County Air Quality
Control Board on April 11, 1990. This supplement superseded the
supplement dated July 12, 1989.
    (B) A letter dated April 20, 1992, from Sarah B. Kotchian, Director,
Albuquerque Environmental Health Department, to A. Stanley Meiburg,
Director, Air, Pesticides and Toxics Division, EPA Region 6, regarding a
commitment to incorporate Clean Air Act Amendment revisions into the
Albuquerque/Bernalillo County PSD program.
    (54) A revision to the New Mexico SIP addressing the Albuquerque/
Bernalillo County Permitting Program was submitted by the Governor of
New Mexico by cover letter dated July 22, 1993.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation Number 20-Authority-to-
Construct Permits, Section 20.00, ``Purpose;'' Section 20.01,
``Applicability;'' Section 20.02, ``Fees for Permit Application
Review;'' Section 20.03, ``Contents of Applications;'' Section 20.04,
``Public Notice and Participation;'' Section 20.05, ``Permit Decisions
and Appeals;'' Section 20.06, ``Basis for Permit Denial;'' Section
20.07, ``Additional Legal Responsibilities on Applicants;'' Section
20.08, ``Permit Conditions;'' Section 20.09, ``Permit Cancellation;''
Section 20.10, ``Permittee's Notification Obligations to the
Department;'' Section 20.11, ``Performance Testing Following Startup;''
Section 20.12, ``Emergency Permits;'' Section 20.13, ``Nonattainment
Area Requirements;'' Section 20.14, ``Definitions Specific to Authority-
to-Construct Permit Regulations;'' and Table One, ``Significant Ambient
Concentrations,'' as filed with the State Records and Archives Center on
February 26, 1993.
    (ii) Additional material.
    (A) The Supplement Pertaining to General New Source Review in
Albuquerque/Bernalillo County, New Mexico, as approved by the
Albuquerque/Bernalillo County Air Quality Control Board on May 12, 1993.
    (55)-(56) [Reserved]
    (57) A revision to the New Mexico SIP addressing CO contingency
measures and a proposed clean fuel vehicle fleet demonstration project
for Albuquerque/Bernalillo County, outside the boundaries of Indian
lands, was submitted by the Governor of New Mexico by cover letter dated
November 12, 1993.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation Number 35-Alternative
Fuels, Section 35.02, ``Oxygenated Fuels,'' Subsection 35.02(A)(1);
Section
[[Page 282]]
35.03, ``Oxygenated Fuels Procedures Manual;'' and Section 35.06,
``Contingency Measures,'' as filed with the State Records and Archives
Center on November 10, 1993.
    (ii) Additional material.
    (A) November 12, 1993, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the proposed clean
fuel vehicle fleet demonstration project.
    (58) A revision to the New Mexico State Implementation Plan (SIP) to
include revisions to AQCRs 602, 605, 651, and 652, submitted by the
Governor by cover letter dated January 28, 1994. The revision to AQCR
605 consists of removing AQCR 605 from theNew Mexico SIP.
    (i) Incorporation by reference.
    (A) Revisions to New Mexico Air Quality Control Regulation 602-Coal
Burning Equipment-Sulfur Dioxide, Section A.1, Section A.2, Section A.3,
Section B.1, Section C.1, Section E.2.a, Section E.2.d, Section F.1.b,
Section F.7 and Section G, as filed with the State Records and Archives
Center on November 17, 1993.
    (B) Revisions to New Mexico Air Quality Control Regulation 651-
Sulfuric Acid Production Units-Sulfur Dioxide, Acid Mist and Visible
Emissions, Section A, Section B, Section C, Section D, Section E,
Section F, Section G and Section H, as filed with the State Records and
Archives Center on November 17, 1993.
    (C) Revisions to New Mexico Air Quality Control Regulation 652-
Nonferrous Smelters-Sulfur, Section B.2, Section C.1, Section D, Section
G, Section H, Section I, Section J, Section K and Section L, as filed
with the State Records and Archives Center on November 17, 1993.
    (ii) Additional material.
    (A) The document entitled ``Hidalgo Smelter Sulfur Recovery
Procedures,'' including appendix 1, ``Physical Inventory for Sulfur
Recovery Calculations,'' and appendix 2, ``Monthly Sulfur Recovery
Calculation.''
    (59) A revision to the New Mexico State Implementation Plan for
Transportation Conformity: Albuquerque/Bernalillo County Air Quality
Control Regulation (AQCR) No. 42 ``Transportation Conformity'' as
adopted on November 9, 1994 and filed with the State Records and
Archives Center on December 16, 1994, was submitted by the Governor on
December 19, 1994. No action is taken on AQCR No. 42 Section 11.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation
(AQCR) No. 42 ``Transportation Conformity'' as adopted on November 9,
1994 and filed with the State Records and Archives Center on December
16, 1994. No action is taken on AQCR No. 42 Section 11.
    (ii) Additional material. None.
    (60) A revision to the New Mexico State Implementation Plan for
General Conformity: Albuquerque/Bernalillo County Air Quality Control
Regulation No. 43 ``General Conformity'' as adopted on November 9, 1994,
and filed with the State Records and Archives Center on December 16,
1994, was submitted by the Governor on December 19, 1994.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation No.
43 ``General Conformity'' as adopted on November 9, 1994, and filed with
the State Records and Archives Center on December 16, 1994.
    (61) A revision to the New Mexico SIP to udpate the Supplement to
the New Mexico State Implementation Plan to Control Air Pollution in
Area(s) of Bernalillo County Designated Nonattainment to reflect EPA's
approval for lifting the construction ban in Bernalillo County,
superseding the supplement dated April 14, 1993.
    (i) Incorporation by reference.
    (A) October 12, 1994 Supplement to the New Mexico State
Implementation Plan to Control Air Pollution in Area(s) of Bernalillo
County Designated Nonattainment as approved by the Albuquerque/
Bernalillo County Air Quality Control Board on November 9, 1994.
    (62) The Governor of New Mexico submitted revisions to 20 New Mexico
Administrative Code 2.74 on June 26, 1995, to incorporate changes in the
Federal PSD permitting regulations for PM-10 increments.
    (i) Incorporation by reference.
    (A) Revisions to 20 New Mexico Administrative Code 2.74, effective
July 20, 1995.
[[Page 283]]
    (63) A revision to the New Mexico SIP approving a request for
redesignation to attainment, a vehicle inspection and maintenance
program, and the required maintenance plan for the Albuquerque/
Bernalillo County CO nonattainment area, submitted by the Governor on
May 11, 1995. The 1993 emissions inventory and projections were included
in the maintenance plan.
    (i) Incorporation by reference.
    (A) A letter from the Governor of New Mexico to EPA dated April 14,
1995, in which the Governor requested redesignation to attainment based
on the adopted Carbon Monoxide Redesignation Request and Maintenance
Plan for Albuquerque/Bernalillo County New Mexico.
    (B) Albuquerque/Bernalillo County Air Quality Control Board
Regulation No. 28, Motor Vehicle Inspection, as amended April 12, 1995
and effective on July 1, 1995.
    (ii) Additional material. Carbon Monoxide Redesignation Request and
Maintenance Plan for Albuquerque/Bernalillo County New Mexico, approved
and adopted by the Air Quality Control Board on April 13, 1995.
    (64)-(65) [Reserved]
    (66) Recodified and revised regulations of the New Mexico
Administrative Code submitted by the Governor on January 8, and July 18,
1996.
    (i) Incorporation by reference.
    (A) New Mexico Administrative Code, Title 20, Chapter 2, Parts 1 and
2, adopted by the New Mexico Environmental Improvement Board September
22, 1995, and filed with the State Records and Archives Center on
September 27, 1995.
    (B) New Mexico Administrative Code, Title 20, Chapter 2, Parts 3, 5,
7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32,
33, 34, 40, 41, 60, 61, 70, 71, 72 (Subparts I, II and, III; Subpart V,
Sections 501 and 502), 73, 75, 79, and 80; adopted by the New Mexico
Environmental Improvement Board on October 20, 1995, and filed with the
State Records and Archives Center on October 30, 1995.
    (C) Revised New Mexico Administrative Code, Title 20, Chapter 2,
Part 3, Sections 109 and 111 and; Part 61, Section 111 and; repeal of
Part 3, Section 112, adopted by the New Mexico Environmental Improvement
Board December 8, 1995, and filed with the State Records and Archives
Center on December 11, 1995.
    (D) New Mexico State Records Center transmittals repealing Air
Quality Control Regulations 705 and 706; adopted by the New Mexico
Environmental Improvement Board December 8, 1995; and filed with the
State Records and Archives Center on December 11, 1995.
    (E) Revised New Mexico Administrative Code, Title 20, Chapter 2,
Part 72, Section 103; adopted by the New Mexico Environmental
Improvement Board on June, 18, 1996, and filed with the State Records
and Archives Center on June 19, 1996.
    (ii) Additional material. None.
[37 FR 10881, May 31, 1972. Redesignated and amended at 63 FR 37495,
July 13, 1998]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1620, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
                          Subpart HH--New York
Sec. 52.1670  Identification of plans.
    (a) Title of plans:
    (1) ``Implementation Plan to Achieve Air Quality Standards--Upstate
New York.''
    (2) ``Implementation Plan to Achieve Air Quality Standards--
Metropolitan New York City Air Quality Control Region.''
    (b) The plans were officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Parts 175, 176, 177, 185, 197, and 203 of New York's Code, Rules
and Regulation submitted February 9, 1972, by the Division of Air
Resources, New York State Department of Environmental Conservation.
    (2) Part 200 of the New York State Code and Article 9 of the New
York City Code submitted on February 11, 1972, by the Division of Air
Resources, New York State Department of Environmental Conservation.
    (3) Part 192 of the New York State Air Pollution Control Code
submitted on February 14, 1972, by the Division of Air Resources, New
York State Department of Environmental Conservation.
[[Page 284]]
    (4) Miscellaneous non-regulatory additions to the plan submitted on
March 10, 1972, by the Division of Air Resources, New York State
Department of Environmental Conservation.
    (5) Miscellaneous non-regulatory additions to the plan for New York
City submitted on May 19, 1972, by the Governor.
    (6) Revisions recodifying regulations 200, 201, 202, 207, 212, 215,
219, 220, 222, 226, and 230 of New York's Code, Rules and Regulations
submitted on May 24, 1972, by the Division of Air Resources, New York
State Department of Environmental Conservation.
    (7) Revisions to Parts 204, 205, 214, 217, 223, 225, 227 and 230 of
New York's Code, Rules and Regulations submitted on July 20, 1972, by
the Governor.
    (8) Miscellaneous non-regulatory revisions to the plan submitted on
August 3, 1972, by the Division of Air Resources, New York State
Department of Environmental Conservation.
    (9) Revision to Part 226 of New York's Code, Rules and Regulations
submitted on February 6, 1973, by the New York State Department of
Environmental Conservation.
    (10) Revised air quality data for 1971 and 1972 for the Hudson
Valley AQCR submitted on March 7, 1973, by the New York State Department
of Environmental Conservation.
    (11) Revision to the photochemical oxidant and carbon monoxide
control strategy for New Jersey-New York-Connecticut AQCR submitted on
April 17, 1973, by the Governor.
    (12) Miscellaneous non-regulatory revisions to the plan submitted on
April 19, 1973, by the Division of Air Resources, New York State
Department of Environmental Conservation.
    (13) Revision to the photochemical oxidant control strategy for the
Genesee-Fingerlakes AQCR submitted on April 30, 1973, by the Governor.
    (14) Non-regulatory revision to the plan submitted on May 2, 1973,
by the Division of Air Resources, New York State Department of
Environmental Conservation.
    (15) Requests for 2-year extension and 18-month extension for
attainment of the photochemical oxidant and carbon monoxide standards in
the New Jersey-New York-Connecticut AQCR submitted on May 16, 1973, by
the Governor.
    (16) Miscellaneous non-regulatory revisions to the plan submitted on
May 21, 1973, by the Division of Air Resources, New York State
Department of Environmental Conservation.
    (17) Miscellaneous non-regulatory revisions to the plan submitted on
June 11, 1973, by the New York State Department of Environmental
Conservation.
    (18) Revisions to Parts 200 and 201 of New York's Codes, Rules and
Regulations submitted on August 15, 1973, by the New York State
Department of Environmental Conservation.
    (19) Revision to sulfur oxides control strategy for New Jersey-New
York-Connecticut AQCR submitted on October 26, 1973, by the New York
State Department of Environmental Conservation.
    (20) Revision to sulfur oxides control strategy for New Jersey-New
York-Connecticut AQCR submitted on November 27, 1973, by the Governor.
    (21) Revision to Part 205 of New York's Code, Rules and Regulations
submitted on February 17, 1974, by the New York State Department of
Environmental Protection.
    (22) Revisions to Transportation Control Plan for the Genesee-
Fingerlakes AQCR submitted on April 8, 1974, by the New York State
Department of Environmental Conservation.
    (23) AQMA designations were submitted on April 29, 1974, by the New
York State Department of Environmental Conservation.
    (24) Revised Part 225 (Fuel Composition and Use) was submitted on
August 29, 1974, by the Commissioner of the New York State Department of
Environmental Conservation.
    (25) Additional information on Part 225 revision was submitted on
October 11, 1974, by the New York State Department of Environmental
Conservation.
    (26) Additional information on Part 225 revision was submitted on
December 6, 1974, by the New York State Department of Environmental
Conservation.
    (27) Part 203 (Indirect Sources of Air Contamination) was submitted
on January 27, 1975, by the New York State Department of Environmental
Conservation.
[[Page 285]]
    (28) Additional information on Part 225 revision was submitted on
February 25, 1975, by the New York State Department of Environmental
Conservation.
    (29) Additional information on Part 203 was submitted on May 8,
1975, by the New York State Department of Environmental Conservation.
    (30) Revisions submitted on March 16, 1976 by the New York State
Department of Environmental Conservation based on special limitations
issued pursuant to Sec. 225.2(c) covering three power plants.
    (31) Additional information on special limitations issued pursuant
to Sec. 225.2(c) submitted on March 22, 1976, by the New York State
Department of Environmental Conservation.
    (32) Revision to Part 225 submitted on September 20, 1976 and
November 5, 1976 by the New York State Department of Environmental
Conservation which accomplishes the following:
    (i) Upon demonstration by a source owner that the use of the higher
sulfur coal will not contribute to the contravention of ambient air
quality standards, coal burning sources of greater than 100 million Btu
per hour heat capacity may be approved for a special limitation under
Sec. 225.2. The previous heat capacity cutoff for requiring a source-
generated demonstration was 250 million Btu per hour.
    (ii) The formula contained in Sec. 225.5(a), which determines sulfur
dioxide emissions from the burning of fuel mixtures, is modified to
include gaseous fuels. Process gases are also included in the formula by
the deletion of Sec. 225.5(a)(2), which precluded such inclusion.
    (iii) Fuel suppliers are required to furnish fuel sale records upon
request of the State through revision to Sec. 225.7.
    (iv) The word ``rated'' is deleted from Secs. 225.1(a)(1), 225.2 and
225.6 wherever the phrase ``rated total heat input'' previously
appeared.
    (33) Revision submitted on March 17, 1977, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under Part 225. The ``special limitation'' relaxes until
May 31, 1980, the sulfur-in-fuel-oil limitation to 2.8 percent, by
weight, for the Long Island Lighting Co.'s Northport Generating Facility
(Units 1, 2, and 3) and Port Jefferson Generating Facility (Units 3 and
4).
    (34) Revision submitted on March 3, 1977, April 5, 1977, and June
16, 1977, by the New York State Department of Environmental Conservation
which grants ``special limitations'' under Part 225. These ``special
limitations'' relax, until December 31, 1979, the sulfur-in-fuel-oil
limitation to 2.8 percent, by weight, for air pollution sources which do
not have a total heat input in excess of 250 million Btu per hour in
parts of the Southern Tier East, Central New York and Champlain Valley
AQCRs.
    (35) Revision submitted on February 14, 1977, by the New York State
Department of Environmental Conservation consisting of Section
19.0305(2)(a) of New York State's Environmental Conservation Law (ECL),
as amended by Chapter 760, McKinney's 1975 Session Laws of New York, and
an opinion, dated January 27, 1977, by the Honorable Louis J. Lefkowitz,
Attorney General of the State of New York, interpreting the amended ECL
Section 19-0305(2)(a) and Part 200.2 of Title 6 of the New York State
Official Compilation of Codes, Rules, and Regulations (6 NYCRR 200.2).
This revision provides for adequate State legal authority to ensure for
public availability of air pollutant emission data as required under 40
CFR 51.10(e) and Sec. 51.11(a)(6).
    (36) Revision to the New York City Metropolitan Area Transportation
Control Plan eliminating tolls on bridges entirely within the City
(Strategy B-7) is made upon application submitted by the Governor on
October 19, 1977, pursuant to section 110(c)(5) of the Clean Air Act, as
amended.
    (37) Revision submitted on August 24, 1977, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under Part 225. This ``special limitation'' relaxes, until
May 31, 1980, the sulfur-in-fuel-oil limitation to 2.8 percent, by
weight, for Units 1 through 5 of the Niagara Mohawk Power Corp.'s Oswego
facility in Oswego, N.Y.
    (38) Revision submitted on September 22, 1977, by the New York State
Department of Environmental Conservation which grants a ``special
limitation''
[[Page 286]]
under Part 225. This ``special limitation'' relaxes, until October 31,
1980, the sulfur-in-coal limitation to 2.8 pounds of sulfur per million
Btu, gross heat content, at the Rochester Gas and Electric Corp.'s
Beebee generating station, Unit 12, in Rochester, N.Y.
    (39) Revision submitted on May 6, 1977, and August 1, 1977, by the
New York State Department of Environmental Conservation which grants a
``special limitation'' under part 225. Only the part of this ``special
limitation'' which relaxes, until July 31, 1980, the sulfur-in-fuel-oil
limitation to 1 percent sulfur, by weight, at the village of Freeport
plant No. 2 generating facility, units 1 and 2, located in Nassau
County, N.Y., is approved.
    (40) A document entitled, ``New York State Air Quality
Implementation Plan--Syracuse Area,'' submitted on March 19, 1979, by
the New York State Department of Environmental Conservation.
    (41) A document entitled, ``New York State Air Quality
Implementation Plan--Southern Tier (Binghamton, Elmira-Corning,
Jamestown),'' submitted on April 5, 1979, by the New York State
Department of Environmental Conservation, only insofar as it deals with
attainment of the national ambient air quality standards for particulate
matter.
    (42) A document entitled, ``New York State Air Quality
Implementation Plan--Rochester Area,'' submitted on April 5, 1979, by
the New York State Department of Environmental Conservation.
    (43) A document entitled, ``New York State Air Quality
Implementation Plan--Capital District and Town of Catskill,'' submitted
on March 19, 1979, by the New York State Department of Environmental
Conservation.
    (44) Supplementary submittals of SIP revision information from the
New York State Department of Environmental Conservation, insofar as they
deal with all provisions except those for attainment of particulate
matter standards in the Niagara Frontier Air Quality Control Region,
dated:
    (i) May 23, 1979, dealing with new source review and growth tracking
provisions, adoption of proposed regulations, schedule for hydrocarbon
emissions inventory improvements, identification of resources necessary
to carry out the SIP, schedule for development of a public participation
program, schedule for development of transportation planning process
improvements, the need for an 18-month extension for the City of
Syracuse and Village of Solvay, demonstration of control strategy
adequacy for the area addressed by the Capital District and Town of
Catskill plan revision document, compliance schedules for two facilities
in the Hudson Valley Air Quality Control Region, and development of a
local government consultation program in Jamestown, New York.
    (ii) May 31, 1979, dealing with adoption of proposed regulations,
hydrocarbon emission inventory improvements, schedule for development of
transportation planning process improvements, and compliance schedules
for two facilities in the Hudson Valley Air Quality Control Region.
    (iii) June 12, 1979, providing a final draft of the proposed
regulations, information on the compliance schedule for a facility in
the Hudson Valley Air Quality Control Region, and general information on
development of compliance schedules. The proposed regulations to be
incorporated in Title 6 of the New York Code of Rules and Regulations
are as follows:
    (A) Part 200, General Provisions (revision);
    (B) Part 211, General Prohibitions (revision);
    (C) Part 212, Process and Exhaust and/or Ventilation Systems
(revision);
    (D) Part 223, Petroleum Refineries (revision);
    (E) Part 226, Solvent Metal Cleaning Processes (new);
    (F) Part 228, Surface Coating Processes (new);
    (G) Part 229, Gasoline Storage and Transfer (new); and
    (H) Part 231, Major Facilities.
    (iv) June 18, 1979, dealing with new source review provisions,
general information on development of compliance schedules, and adoption
of proposed regulations.
    (v) August 10, 1979, providing a comprehensive set of adopted
regulations.
    (vi) September 26, 1979, providing additional information regarding
the
[[Page 287]]
EPA notice of proposed rulemaking (44 FR 44556, July 30, 1979) which
deals with the adoption of regulations for control of volatile organic
compound sources for source categories addressed by Control Technology
Guideline documents issued subsequent to December 1977, regulatory
revisions to 6 NYCRR Parts 211 and 229, the transportation planning
process, emissions inventory improvements, new source review procedures,
public participation and local government consultation programs, and
adoption of regulations.
    (vii) October 1, 1979, dealing with new source review procedures.
    (viii) November 13, 1979, providing a ``declaratory ruling''
regarding interpretation of the provisions of 6 NYCRR Part 231 in
implementing the new source review program.
    (ix) November 14, 1979, providing supplemental documentation on the
administrative process of revising regulations.
    (x) February 20, 1980, dealing with public hearings to revise Parts
229 and 231 of 6 NYCRR consistent with corrective action indicated by
EPA.
    (45) Revision submitted on October 24, 1979, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under Part 225. This ``special limitation'' relaxes, until
(three years from the date of publication), the sulfur in fuel oil
limitation to 1.0 percent, by weight, for the Long Island Lighting
Company's Glenwood Generating Station (Units 4 and 5), and 1.54 percent,
by weight, for its E. F. Barrett Generating Station (Units 1 and 2).
    (46) Five documents entitled: (i) Volume I--New York State Air
Quality Implementation Plan for Control of Carbon Monoxide and
Hydrocarbons in the New York City Metropolitan Area;
    (ii) Volume II--Detailed Descriptions of Reasonably Available
Control Measures;
    (iii) Volume III--Air Quality and Emission Inventory;
    (iv) Volume IV--Public Participation;
    (v) Total Suspended Particulates Secondary Standard: New York City
Extension Request;
submitted on May 24, 1979, by the New York State Department of
Environmental Conservation.
    (47) A document entitled, ``New York State Air Quality
Implementation Plan--Statewide Summary and Program,'' submitted on
September 10, 1979, by the New York State Department of Environmental
Conservation.
    (48) Supplementary submittals of information from the New York State
Department of Environmental Conservation regarding the New Jersey-New
York-Connecticut Air Quality Control Region SIP revisions, dated:
    (i) June 26, 1979, dealing with control of storage tanks at gasoline
stations in Nassau, Rockland, Suffolk, and Westchester Counties.
    (ii) July 30, 1979, dealing with new source review provisions for
major sources of volatile organic compounds.
    (iii) August 20, 1979, providing a commitment to meet ``annual
reporting requirements.''
    (iv) January 11, 1980, dealing with changes to the State's schedule
for implementing a light duty vehicle inspection and maintenance
program.
    (v) March 12, 1980, providing a memorandum of understanding among
the New York State Department of Environmental Conservation, New York
State Department of Transportation, and the Tri-State Regional Planning
Commission.
    (49) Supplementary submittals of information from the Governor's
Office regarding the New Jersey-New York-Connecticut Air Quality Control
Region SIP revision, dated:
    (i) August 6, 1979, dealing with the status of efforts to develop
necessary legislation for implementing a light duty vehicle inspection
and maintenance program.
    (ii) November 5, 1979, providing the State's legal authority and a
schedule for implementing a light duty vehicle inspection and
maintenance program.
    (iii) February 6, 1980, committing to providing additional
information on systematic studies of transportation measures, committing
to clarification of SIP commitments, and providing additional
information on the State's light duty vehicle inspection and maintenance
program.
[[Page 288]]
    (50) Supplementary information, submitted by the New York State
Department of Transportation on October 17, 1979, providing
clarification to ``reasonably available control measures'' commitments
contained in the New Jersey-New York-Connecticut Air Quality Control
Region SIP revision.
    (51) Revision submitted on January 29, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under 6 NYCRR Part 225. This ``special limitation''
relaxes, until [three years from the date of publication], the sulfur-
in-fuel-oil limitation to 0.60 percent, by weight, for Orange and
Rockland Utilities', Inc. Bowline Point Generating Station, units 1 and
2, Haverstraw, New York.
    (52) Revisions to Parts 229 and 231 of Title 6, New York Code of
Rules and Regulations, submitted on May 1, 1980, by the New York State
Department of Environmental Conservation.
    (53) Revision submitted on November 29, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under 6 NYCRR Part 225. This ``special limitation''
relaxes, until one year from [the date of publication], the sulfur-in-
fuel-oil limitation to 1.5 percent, by weight, for the Consolidated
Edison Company of New York, Inc. Arthur Kill generating facility, units
2 and 3, Staten Island, New York and Ravenswood generating facility,
unit 3, Queens, New York.
    (54) A document entitled, ``New York State Air Quality
Implementation Plan--Niagara Frontier, Erie and Niagara Counties,''
submitted on May 31, 1979, by the New York State Department of
Environmental Conservation. The administrative orders for Bethlehem
Steel Corporation, referenced by this document, are not being
incorporated as part of the plan.
    (55) A supplemental submittal, dated May 21, 1980, from the New York
State Department of Environmental Conservation which includes three
listings of permanent projects, demonstration projects and
transportation related studies committed to in the non-public transit
portion of the plan for the New York City metropolitan area.
    (56) Revision submitted on October 31, 1979, and supplemented on
April 28, 1980, and May 20, 1980, by the New York State Department of
Environmental Conservation which grants a ``special limitation'' under 6
NYCRR Part 225. This ``special limitation'' relaxes to 2.8 percent, by
weight, until December 31, 1982, the sulfur-in-fuel-oil limitation
applicable to fuel burning sources which have a capacity less than 250
million BTU per hour and which are located in:
    (i) The Southern Tier East Air Quality Control Region (AQCR), with
the exception of all sources in Broome County;
    (ii) The Central New York AQCR, with the exception of the Oswego
Facilities Trust Company in Oswego County and all sources in Onondaga
County;
    (iii) The Champlain Valley (Northern) AQCR, with the exception of
all sources in the City of Glens Falls and sources in the Town of
Queensbury which have a total heat input greater than 100 million BTU
per hour.
    (57) A supplemental submittal, dated July 2, 1980, from the New York
State Department of Environmental Conservation which included criteria
and procedures for making assessments of the consistency and conformity
of the outputs of the transportation planning process with the SIP.
    (58) Revision submitted on September 17, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under 6 NYCRR Part 225. This ``special limitation'' relaxes
to 2.8 percent, by weight, until three years from March 19, 1981, the
sulfur-in-fuel oil limitation applicable to unit 5 of Niagara Mohawk
Power Corporation's Oswego generating facility, located in Oswego
County.
    (59) Supplemental information to ``New York State Air Quality
Implementation Plan--Statewide Summary and Program,'' June 1979,
submitted on December 18, 1980, by the New York State Department of
Environmental Conservation dealing with provisions which commit the
State to meet the subpart C requirements of 40 CFR part 58 pertaining to
State and Local Air
[[Page 289]]
Monitoring Stations (SLAMS) including the air quality assurance
requirements of Appendix A, the monitoring methodologies of Appendix C,
the network design criteria of Appendix D and the probe siting criteria
of Appendix E.
    (60) A supplemental submittal, dated July 28, 1980, from the New
York State Department of Environmental Conservation which includes:
    --Key milestones associated with projects relating to transportation
control measures which are part of the SIP;
    --An improved program of study for the broader application of
certain transportation control measures, and supplemental information on
existing studies;
    --Additional documentation necessary to determine the reasonableness
of the measure, ``Controls on Extended Vehicle Idling;''
    --Criteria and procedures for making changes to transportation
projects contained in the SIP;
    --Criteria and procedures for making changes to transportation
studies contained in the SIP; and
    --The identification of the resources necessary to carry out the
transportation planning process and certain transportation elements of
the SIP.
    (61) A supplemental submittal entitled ``New York State Air Quality
Implementation Plan, the Moynihan/Holtzman Amendment Submission: Transit
Improvements in the New York City Metropolitan Area, May 1979,''
submitted on May 24, 1979, by the New York State Department of
Environmental Conservation.
    (62) [Reserved]
    (63) Revision submitted on April 29, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' establishing, until three years from September 24, 1981, a
sulfur-in-fuel-oil limitation of 2.8 percent, by weight, for the Long
Island Lighting Company's Northport generating facility, units 1, 2 and
3 and the Port Jefferson generating facility, units 3 and 4.
    (64) Revision submitted on August 7, 1981, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' to relax to 1.5 percent, by weight, for up to two years
from February 22, 1982, the sulfur-in-fuel-oil limitation applicable to
units 2 and 3 of Consolidated Edison of New York State, Inc.'s Arthur
Kill generating facility and to unit 3 of its Ravenswood generating
facility, all located in New York City.
    (65) Revision submitted on January 8, 1982, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' to relax to 2.8 percent, by weight, for up to three years
from March 5, 1982, the sulfur-in-fuel-oil limitation applicable to the
General Electric Company's Rotterdam Steam Generating Facility located
in Schenectady, New York.
    (66) Revision submitted on July 9, 1982, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' allowing the New York State Office of Mental Health's Kings
Park Psychiatric Facility to burn coal with a maximum sulfur content of
2.2 pounds of sulfur per million Btu gross heat content, for up to three
years from August 11, 1982.
    (67) A March 23, 1981, letter from the New York State Department of
Environmental Conservation including an interim policy memorandum
detailing procedures to be used by the State to determine compliance
with the State's emission standard for coke oven gas.
    (68) Regulatory information submitted by New York State Department
of Environmental Conservation for controlling volatile organic
compounds, dated:
    (i) July 2, 1981, providing a comprehensive set of adopted
regulations.
    (ii) August 19, 1981, Consent Order, 81-36, 9-04.20, with Dunlop
Tire and Rubber Corporation for control of volatile organic compounds.
    (A) Amendment of Consent Order dated January 29, 1982.
    (B) Amendment of Consent Order dated March 3, 1982.
    (iii) July 25, 1983, providing final regulations to be incorporated
into Title 6 of the New York Code of Rules and Regulations.
    (iv) November 13, 1981, letter from Harry Hovey, Director of Air
Division, New York State Department of Environmental Conservation
concerning applicability of regulations in redesignated AQCR's.
    (v) April 27, 1983, letter from Harry Hovey, Director of Air
Division, New
[[Page 290]]
York State Department of Environmental Conservation concerning maximum
operating heat input.
    (69) State Implementation Plan revision dated February 15, 1984,
from the Department of Environmental Conservation consisting of changes
to New York State Department of Motor Vehicles monitoring and
enforcement procedures for motor vehicle emission inspection stations.
    (70) A State Implementation Plan for attainment of the lead (Pb)
standards was submitted on September 21, 1983. Additional information
was submitted in a letter dated February 16, 1984. These submittals
included the following:
    (i) Revision to Part 225 of Title 6, Official Compilation of Codes,
Rules and Regulations of the State of New York.
    (ii) Revision to Part 231 of Title 6, Official Compilation of Rules
and Regulations of the State of New York.
    (iii) Air Guide-14, ``Process Sources Which Emit Lead or Lead
Compounds.''
    (iv) Air Guide-17, ``Trade and Use of Waste Fuel for Energy Recovery
Purposes.''
    (71) Revision submitted on August 21, 1984, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' establishing, until September 24, 1986, from December 20,
1984, a maximum sulfur-in-fuel-oil limitation of 2.8 percent, by weight,
and from September 25, 1986 until December 31, 1987, a sulfur-in-fuel-
oil limitation of 2.0 percent, by weight, for the Long Island Lighting
Company's Northport generating facility, units 1, 2 and 3, and the Port
Jefferson generating facility, units 3 and 4.
    (72) Revisions to the New York State Implementation Plan for
attainment and maintenance of the ozone and carbon monoxide standards in
the New York City metropolitan area submitted on July 1, 1982, August 3,
1982, July 25, 1983, February 7, 15, 17, 1984, and October 1, 17, 1984,
November 30, 1984, January 4, and 30, 1985, and March 6, 1985, by the
Governor of New York State and by the New York State Department of
Environmental Conservation.
    (73) Revision to the New York State Implementation Plan submitted by
the New York State Department of Environmental Conservation on June 7
and October 14, 1982, to allow Orange and Rockland Utilities, Inc. to
reconvert its Lovett Generating Station in Stony Point from oil to coal.
This action grants the utility a ``special limitation'' under Part 225
to relax the existing emission limit for coal burning from 0.4 pounds of
sulfur dioxide per million British thermal units (1b/MMBtu) to 1.0 lb/
MMBtu for units 4 and 5 if both are operated on coal, or to 1.5 lb/MMBtu
for one unit if the other is operated on fuel oil, natural gas, or is
not operated. A letter dated September 5, 1984, from Orange and Rockland
Utilities, Inc., committing to meet the terms and conditions of EPA's
August 30, 1984, letter.
    (74) Regulatory information submitted by New York State Department
of Environmental Conservation for controlling various pollutants and
establishing continuous emission monitoring requirements for sulfuric
and nitric acid plants, dated December 27, 1984, providing adopted
revisions to regulations Parts 201, 212, 223 and 224.
    (75) A revision to the New York State Implementation Plan for
attainment and maintenance of the ozone standards was submitted on
January 2, 1986, by the New York State Department of Environmental
Conservation.
    (i) Incorporation by reference.
    (A) Part 217, ``Emissions from Motor Vehicles Propelled by Gasoline
Engines,'' effective January 29, 1986.
    (76) [Reserved]
    (77) Revisions to the State Implementation Plan submitted by New
York State Department of Environmental Conservation for controlling
volatile organic compounds.
    (i) Incorporation by reference. Adopted regulations Parts 200, 229,
and 230, submitted on March 15, 1985.
    (ii) Additional material. (A) Letters dated December 31, 1984, and
March 15, 1985, concerning SIP commitments for ``Reevaluation of RACT,''
and ``Controls at Major Facilities,'' respectively.
    (B) Letters dated November 2, 1984, and April 3, 1987, concerning
the manufacture of high-density polyethylene, polypropylene, and
polystrene resins.
    (78) A revision to the New York State Implementation Plan was
submitted on November 6, 1987, and February 17, 1988,
[[Page 291]]
by the New York State Department of Environmental Conservation.
    (i) Incorporation by reference.
    (A) Operating Permit number A551800097900017 for Polychrome
Corporation effective January 29, 1988, submitted by the New York State
Department of Environmental Conservation.
    (ii) Additional material.
    (79) Revisions to the New York State Implementation Plan (SIP) for
ozone submitted on January 31, 1989, and March 13, 1989, by the New York
State Department of Environmental Conservation (NYSDEC) for its state
gasoline volatility control program, including any waivers under the
program that New York may grant. In 1989, the control period will begin
on June 30.
    (i) Incorporation by reference. Subpart 225-3 of Title 6 of the
Official Compilation of Codes, Rules and Regulations of the State of New
York entitled ``Fuel Composition and Use--Volatile Motor Fuels,''
adopted on December 5, 1988, and effective on January 4, 1989.
    (ii) Additional material. April 27, 1989, letter from Thomas
Jorling, NYSDEC, to William Muszynski, EPA Region II.
    (80) Revisions to the New York State Implementation Plan (SIP) for
ozone submitted on July 9, 1987, and April 8, 1988, by the New York
State Department of Environmental Conservation (NYSDEC).
    (i) Incorporation by reference. Amendments to part 230, title 6 of
the New York Code of Rules and Regulations entitled ``Gasoline
Dispensing Sites and Transport Vehicles,'' adopted on March 2, 1988.
    (ii) Additional material. (A) Explanation of Stage II Applicability
Cut-offs, prepared by the NYSDEC, dated June 20, 1986.
    (B) NYSDEC testing procedures for Stage II Vapor Recovery Systems.
    (81) [Reserved]
    (82) Revisions to the New York State Implementation Plan (SIP) for
total suspended particulates in the Niagara Frontier area, dated January
5, 1987, submitted by the New York State Department of Environmental
Conservation (NYSDEC).
    (i) Incorporation by reference.
    (A) Part 214 of title 6 of the Official Compilation of Codes, Rules,
and Regulations of the State of New York, entitled ``Byproduct Coke Oven
Batteries,'' adopted on April 23, 1984, and effective May 23, 1984.
    (B) Part 216 of title 6 of the Official Compilation of Codes, Rules,
and Regulations of the State of New York, entitled ``Iron And/Or Steel
Processes,'' adopted on April 23, 1984, and effective on May 23, 1984.
    (C) Consent Order No. 84-135, dated October 29, 1984, between NYSDEC
and the Bethlehem Steel Corporation.
    (D) Consent Order No. 84-131, dated October 18, 1984, between NYSDEC
and the Bethlehem Steel Corporation.
    (E) May 24, 1985, letter from Peter J. Burke, NYSDEC, to W.T.
Birmingham, Bethlehem Steel Corporation, revising Consent Order No. 84-
131.
    (F) Test procedures for particulate matter source emissions testing
at Bethenergy's Lackawanna Coke Oven Batteries 7, 8, and 9, prepared by
SENES Consultants Limited, dated January 14, 1988.
    (ii) Additional material.
    (A) January 5, 1987, letter from Harry H. Hovey, Jr., NYSDEC, to
Raymond Werner, EPA, providing an attainment and maintenance
demonstration for TSP in the South Buffalo-Lackawanna area and
requesting its inclusion as part of the TSP SIP for the Niagara
Frontier.
    (B) August 21, 1987, letter from Edward Davis, NYSDEC, to William S.
Baker, EPA, responding to July 27, 1987, letter from EPA requesting
additional information needed for the review of Niagara Frontier TSP SIP
request.
    (C) June 20, 1988, letter from Edward Davis, NYSDEC, to William S.
Baker, EPA, responding to May 19, 1988, letter from EPA requesting
additional information on test procedures for Bethenergy's Lackawanna
Coke Oven Batteries.
    (83) A revision submitted on September 18, 1990, with additional
materials submitted on April 12, 1991, and June 3, 1991, by the New York
State Department of Environmental Conservation that revises the
SO<INF>2</INF> emission limit for units 4 and 5 of Orange and Rockland
Utilities' Lovett Generating Station.
[[Page 292]]
    (i) Incorporation by reference. Sulfur dioxide emission limits
incorporated into the Certificates to Operate units 4 and 5 of the
Orange and Rockland Utilities' (ORU) Lovett Generating Station issued
April 3, 1991, and the materials which pertain to the SO<INF>2</INF>
emission limits, monitoring and recordkeeping which are incorporated by
reference into the Certificates to Operate for units 4 & 5. This
includes the following:
    (A) The special conditions attached to certificates;
    (B) April 13, 1982, Decision of the Commissioner; and
    (C) October 14, 1982, Amended Commissioner's Order.
    (ii) Additional materials:
    (A) Lovett Generating Station Model Evaluation Study, May 1989,
    (B) Lovett Generating Station Emission Limitation Study, May 1989,
    (C) Review of Orange and Rockland Model Evaluation Study and
Emission Limitation Study for Lovett Facility for Units 4 & 5, January
27, 1990, and
    (D) Lovett Generating Station Air Quality and Meteorological
Monitoring Network Quarterly Reports.
    (84) A revision to the New York State Implementation Plan (SIP) for
attainment and maintenance of the ozone standard dated January 8, 1992,
submitted by the New York State Department of Environmental
Conservation.
    (i) Incorporation by reference.
    (A) Amendments to Part 200 of Title 6 of the Official Compilation of
Codes, Rules, and Regulations of the State of New York, entitled
``General Provisions'' adopted on December 3, 1991, and effective
January 16, 1992.
    (B) New Part 236 of Title 6 of the Official Compilation of Codes,
Rules, and Regulations of the State of New York, entitled ``Synthetic
Organic Chemical Manufacturing Facility Component Leaks'' adopted on
December 16, 1991, and effective January 16, 1992.
    (ii) Additional material.
    (A) January 8, 1992, letter from Thomas Allen, to Conrad Simon, EPA,
requesting EPA approval of the amendments to Parts 200 and 236.
    (85) Revisions to the New York State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from surface
coating and graphic arts sources, dated October 14, 1988, December 5,
1988, and May 2, 1989, submitted by the New York State Department of
Environmental Conservation (NYSDEC).
    (i) Incorporation by reference.
    (A) Amendments to Title 6 of the New York Code of Rules and
Regulations (NYCRR) Part 228 ``Surface Coating Processes,'' effective
September 15, 1988, and Part 234 ``Graphic Arts,'' effective September
15, 1988
    (ii) Additional material.
    (A) May 2, 1989 letter from Thomas C. Jorling, NYSDEC, to Conrad
Simon, EPA, requesting EPA substitute controls in Parts 228 and 234 for
controls committed to be included in Part 212, Processes & Exhaust and/
or Ventilation Systems.
    (86) Revision to the state implementation plan for Onondaga County
was submitted by the Governor on November 13, 1992. Revisions include a
maintenance plan which demonstrates continued attainment of the NAAQS
for carbon monoxide through the year 2003.
    (i) Incorporation by reference.
    (A) Maintenance Plan--Chapter 8 of New York State Implementation
Plan Redesignation Request for Onondaga County as Attainment for Carbon
Monoxide, November 1992.
    (ii) Additional information.
    (A) New York State Implementation Plan--Redesignation Request for
Onondaga County as Attainment for Carbon Monoxide, November 1992.
    (B) January 12, 1993, letter from Thomas M. Allen, NYSDEC to Conrad
Simon, EPA, providing the results of the public hearing on the State's
proposal.
    (C) January 12, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad
Simon, EPA, providing documentation of emission inventory submitted on
November 13, 1992.
    (D) June 18, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad
Simon, EPA, correcting submitted material.
    (87) A revision to the New York State Implementation Plan (SIP) for
attainment and maintenance of the ozone standard dated October 14, 1988,
submitted by the New York State Department of Environmental
Conservation.
    (i) Incorporation by reference:
    (A) New part 205 of title 6 of the New York Code of Rules and
Regulations of
[[Page 293]]
the State of New York, entitled ``Architectural Surface Coatings,''
effective on September 15, 1988.
    (ii) Additional material.
    (A) December 5, 1988 letter from Thomas Allen, to Conrad Simon, EPA,
requesting EPA approval of the amendments to part 205.
    (88) Revision to the New York State Implementation Plan (SIP) for
ozone, submitting a low emission vehicle program for a portion of the
Clean Fuel Fleet program, dated May 15, 1994 and August 9, 1994
submitted by the New York State Department of Environmental Conservation
(NYSDEC).
    (i) Incorporation by reference. Part 218, ``Emission Standards for
Motor Vehicles and Motor Vehicle Engines,'' effective May 28, 1992.
    (ii) Additional material.
    (A) May 1994 NYSDEC Clean Fuel Fleet Program description.
    (89) Revisions to the New York State Implementation Plan (SIP) for
carbon monoxide concerning the control of carbon monoxide from mobile
sources, dated November 13, 1992 and March 21, 1994 submitted by the New
York State Department of Environmental Conservation (NYSDEC).
    (i) Incorporation by reference.
    (A) Subpart 225-3 of Title 6 of the New York Code of Rules and
Regulations of the State of New York, entitled ``Fuel Composition and
Use--Gasoline,'' effective September 2, 1993 (as limited in section
1679).
    (ii) Additional material.
    (A) March 21, 1994, Update to the New York Carbon Monoxide SIP.
    (90) [Reserved]
    (91) Revisions to the State Implementation Plan submitted by the New
York State Department of Environmental Conservation on February 22,
1996, June 21, 1996 and June 25, 1996.
    (i) Incorporation by reference.
    (A) Permits to Construct and/or Certificates to Operate: The
following facilities have been issued permits to construct and/or
certificates to operate by New York State and such permits and/or
certificates are incorporated for the purpose of establishing
NO<INF>X</INF> emission limits consistent with Subpart 227-2:
    (1) Morton International Inc.'s mid-size gas-fired boiler, emission
point 00027, Wyoming County; New York permit approval dated September 1,
1995 and Special Conditions letter dated August 23, 1995.
    (2) University of Rochester's two oil fired boilers, emission points
00003 and 00005, Monroe County; New York permit approval dated April 25,
1996 and Special Permit Conditions issued March 19, 1996.
    (3) Algonquin Gas Transmission Company's four gas-fired
reciprocating internal combustion engines, emission points R0100, R0200,
R0300, and R0400, Rockland County; New York permit and Special
Conditions approval dated September 23, 1991; New York Special
Conditions documents dated March 18, 1996 for emission points RO100,
RO200, and RO300; and March 29, 1996 for emission point RO400; and
Permit Correction dated August 8, 1996.
    (ii) Additional information. Documentation and information to
support NO<INF>X</INF> RACT alternative emission limits in three letters
addressed to EPA from New York State Department of Environmental
Conservation and dated as follows:
    (A) February 22, 1996 letter to Regional Administrator Jeanne Fox
from Commissioner Michael D. Zagata for a SIP revision for Morton
International, Inc.
    (B) June 21, 1996 letter to Mr. Conrad Simon, Director of the Air
and Waste Management Division from Deputy Commissioner David Sterman for
a SIP revision for the Algonquin Gas Transmission Company.
    (C) June 25, 1996 letter to Mr. Conrad Simon, Director of the Air
and Waste Management Division from Deputy Commissioner David Sterman for
a SIP revision for the University of Rochester.
    (92) Revisions to the New York State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from Gasoline
Dispensing Sites and Transport Vehicles, dated July 8, 1994, submitted
by the New York State Department of Environmental Conservation (NYSDEC).
    (i) Incorporation by reference:
    (A) Amendments to Part 230 of title 6 of the New York Code of Rules
and Regulations of the State of New York, entitled ``Gasoline Dispensing
Sites
[[Page 294]]
and Transport Vehicles,'' effective September 22, 1994.
    (ii) Additional material:
    (A) July 8, 1994, letter from Langdon Marsh, NYSDEC, to Jeanne Fox,
EPA, requesting EPA approval of the amendments to Part 230.
    (93) Revisions to the New York State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from
petroleum and volatile organic compound storage and transfer, surface
coating and graphic arts sources, dated March 8, 1993 submitted by the
New York State Department of Environmental Conservation (NYSDEC).
    (i) Incorporation by reference:
    (A) Amendments to Title 6 of the New York Code of Rules and
Regulations (NYCRR) Part 200 ``General Provisions,'' Part 201 ``Permits
and Certificates,'' Part 228 ``Surface Coating Processes,'' and Part 229
``Petroleum and Volatile Organic Liquid Storage and Transfer,'' Part 233
``Pharmaceutical and Cosmetic Manufacturing Processes,'' and Part 234,
``Graphic Arts,'' effective April 4, 1993.
    (94) A revision to the State Implementation Plan submitted by the
New York State Department of Environmental Conservation on April 9, 1996
and supplemented on October 17, 1996 and February 2, 1998 that allows
Niagara Mohawk Power Corporation and Champion International Corporation
to trade emissions to meet the requirements of NO<INF>X</INF> RACT.
    (i) Incorporation by reference:
    (A) Permits to Construct and/or Certificates to Operate: The
following facilities have been issued permits to construct and/or
certificates to operate by New York State and such permits and/or
certificates are incorporated for the purpose of establishing an
emission trade to be consistent with Subpart 227-2:
    (1) Niagara Mohawk Power Corporation's system-wide utility boilers;
New York special permit conditions and approval letter dated December
14, 1995.
    (2) Champion International Corporation's two coal-fired boilers,
Units 1 and 2, Jefferson County; New York special permit conditions and
approval letter dated December 2, 1997.
    (ii) Additional information:
    (A) Documentation and information to support the emission trade in
three letters addressed to EPA from the New York State Department of
Environmental Conservation and dated as follows:
    (1) April 9, 1996 to Mr. Conrad Simon, Director of Air and Waste
Management Division from Deputy Commissioner David Sterman for a SIP
revision for Niagara Mohawk Power Corporation and Champion International
Corporation.
    (2) October 17, 1996 letter to Mr. Ted Gardella, EPA from Mr.
Patrick Lentlie, supplementing the SIP revision with the special permit
condition approval letters.
    (3) February 2, 1998 letter to Mr. Ronald Borsellino, Chief of the
Air Programs Branch from Mr. Patrick Lentlie, supplementing the SIP
revision with the amended special permit conditions for Champion
International Corporation.
    (95) A revision to the State Implementation Plan submitted on April
29, 1999 by the New York State Department of Environmental Conservation
that establishes the NO<INF>X</INF> Budget Trading Program.
    (i) Incorporation by reference:
    (A) Regulation Subpart 227-3 of Title 6 of the New York Code of
Rules and Regulations, entitled ``Pre-2003 Nitrogen Oxides Emissions
Budget and Allowance Program'' adopted on January 12, 1999, and
effective on March 5, 1999.
    (B) Amendments to Title 6 of the New York Code of Rules and
Regulations, Part 200, ``General Provisions,'' Subpart 227-1,
``Stationary Combustion Installations,'' and Subpart 227-2, ``Reasonably
Available Control Technology (RACT) for Oxides of Nitrogen
(NO<INF>X</INF>)'' adopted on January 12, 1999, and effective on March
5, 1999.
    (ii) Additional information:
    (A) Letter from the New York Department of Environmental
Conservation dated April 29, 1999, submitting the NO<INF>X</INF> Budget
Trading Program as a revision to the New York State Implementation Plan
for ozone.
    (B) Guidance for Implementation of Emissions Monitoring Requirements
for the NO<INF>X</INF> Budget Program, dated January 28, 1997.
[[Page 295]]
    (C) NO<INF>X</INF> Budget Program Monitoring Certification and
Reporting Requirements, dated July 3, 1997.
    (D) Electronic Data Reporting, Acid Rain/NO<INF>X</INF> Budget
Program, dated July 3, 1997.
    (96) Revisions to the New York State Implementation Plan (SIP) for
carbon monoxide concerning the oxyfuel program, dated August 30, 1999,
submitted by the New York State Department of Environmental Conservation
(NYSDEC).
    (97) Revisions to the State Implementation Plan submitted on January
20, 1994 and April 29, 1999 by the New York State Department of
Environmental Conservation that establishes NO<INF>X</INF> RACT
requirements Statewide for combustion sources.
    (i) Incorporation by reference:
    (A) Regulation Subpart 227-2 of Title 6 of the New York Code of
Rules and Regulations, entitled ``Reasonably Available Control
Technology (RACT) for Oxides of Nitrogen (NO<INF>X</INF>)'' adopted on
January 19, 1994, and effective on February 18, 1994.
    (B) Amendments to Subpart 227-2 adopted on January 12, 1999 and
effective on March 5, 1999.
    (ii) Additional information
    (A) Letters from the New York State Department of Environmental
Department Conservation dated January 20, 1994 and April 29, 1999,
submitting the NO<INF>X</INF> RACT Regulation and amendments as
revisions to the New York State Implementation Plan for ozone.
    (B) Letter from the New York State Department of Environmental
Department Conservation dated April 27, 1999 submitting an analysis of
mass NO<INF>X</INF> emissions from generic sources throughout the State
as well as resolution of other approvability issues.
[37 FR 10882, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1670, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.1671  Classification of regions.
    The New York plans were evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Niagara Frontier Intrastate..........................           I          I       III       III             I
Champlain Valley Interstate..........................          II         II       III       III           III
Central New York Intrastate..........................           I         II       III         I             I
Genesee-Finger Lakes Intrastate......................          II         II       III       III             I
Hudson Valley Intrastate.............................           I         II       III       III           III
Southern Tier East Intrastate........................          II         II       III       III           III
Southern Tier West Intrastate........................          II         II       III       III           III
New Jersey-New York-Connecticut Interstate...........           I          I         I         I             I
----------------------------------------------------------------------------------------------------------------
[37 FR 10882, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]
Sec. 52.1672  Extensions.
    Pursuant to section 186(a)(4) of the Clean Air Act, as amended in
1990, the Regional Administrator hereby extends for one year (until
December 31, 1996) the attainment date for the New York-Northern New
Jersey-Long Island Consolidated Metropolitan Statistical Carbon Monoxide
nonattainment area.
[61 FR 56900, Nov. 5, 1996]
Sec. 52.1673  Approval status.
    (a) With the exceptions set forth in this section, the Administrator
approves the New York State Implementation Plan (SIP) for the attainment
and maintenance of the national standards under section 110(a)(2) of the
Clean Air Act. Furthermore, the Administrator finds that the plan
satisfies all requirements of Part D, Title I of the Clean Air Act, as
amended in 1977. In addition, continued satisfaction of the requirements
of Part D for the ozone element of the SIP depends on the
[[Page 296]]
adoption and submittal of requirements for reasonable available control
technology (RACT) by January 1985 and adoption and submittal by each
subsequent January of additional RACT requirements for sources covered
by Control Techniques Guidelines (CTGs) issued by the previous January.
    (b) [Reserved]
[50 FR 25079, June 17, 1985, as amended at 56 FR 12453, Mar. 26, 1991]
Sec. 52.1674  Requirements for state implementation plan revisions
          relating to new motor vehicles.
    New York's adopted LEV program must be revised to the extent
necessary for the state to comply with all aspects of the requirements
of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.1675  Control strategy and regulations: Sulfur oxides.
    (a)-(c) [Reserved]
    (d) Section 225.3(e) of Subchapter A, Chapter III, Title 6 of New
York State's Official Compilation of Codes, Rules and Regulations, is
disapproved since it does not provide for the type of permanent control
necessary to assure attainment and maintenance of national standards.
    (e) Any special limitation promulgated by the Commissioner under 6
NYCRR section 225.2(b) and (c), any exception issued by the Commissioner
under 6 NYCRR section 225.3, and any permission issued by the
Commissioner under 6 NYCRR section 225.5(c) shall not exempt any person
from the requirements otherwise imposed by 6 NYCRR Part 225; provided
that the Administrator may approve such special limitation, exception or
permission as a plan revision when the provisions of this part, section
110 (a)(3)(A) of the Act, and 40 CFR part 51 (relating to approval of
and revisions to State implementation plans) have been satisfied with
respect to such special limitation, exception or permission.
    (f) The following applies to the Environmental Protection Agency's
approval as a SIP revision of the ``special limitation'' promulgated by
the Commissioner of the New York State Department of Environmental
Conservation on November 20, 1979 permitting the purchase and use by the
Consolidated Edison Company of New York, Inc. of fuel oil with a maximum
sulfur content of 1.5 percent, by weight, at units 2 and 3 of its Arthur
Kill generating facility on Staten Island, New York and unit 3 of its
Ravenswood generating station in Queens, New York:
    (1) On or before the ``Date of Conversion'' indicated below, each
``Facility'' indicated below shall combust only natural gas for the
duration of the special limitation.
    (a) City College of New York, Amsterdam Ave. between W. 135th St.
and W. 138th St., Manhattan--
    North Campus Academic Center: Converted North Campus Main Boiler
(Compton Hall): Two boilers shut-down; One boiler converted;
    South Campus--Boiler Plant: Converted;
    North Campus Science and Physical Education Building: October 1,
1980.
    (b) Harlem Hospital, 135th St. and Lenox Ave., Manhattan: April 1,
1981;
    (c) Columbia University, 116th St. and Broadway, Manhattan:
Converted;
    (d) New York City Housing Auth., Senator Robert F. Wagner Houses,
23-96 First Ave.: October 1, 1980;
    (e) New York City Housing Auth., Frederick Douglass Houses, 880
Columbus Ave., Manhattan: October 1, 1980;
    (f) New York City Housing Auth., Manhattanville Houses, 549 W. 126th
St., Manhattan: October 1, 1980;
    (g) New York City Housing Auth., St. Nicholas Houses, 215 W. 127th
St.: October 1, 1980;
    (h) New York City Housing Auth., General Grant Houses, 1320
Amsterdam Ave., Manhattan: October 1, 1980;
    (i) New York City Housing Auth., Harlem River Houses, 211-0-1 W.
151st Street, Manhattan: October 1, 1980;
    (j) New York City Housing Auth., Martin Luther King Towers, 90 Lenox
Ave., Manhattan: October 1, 1980;
    (k) New York City Housing Auth., Drew Hamilton Houses, 210 W. 142nd
Street, Manhattan: October 1, 1980.
    (2) If any of the facilities identified in paragraph (g)(1) of this
section, fail to meet the requirements of that paragraph, the
Consolidated Edison Company shall not burn fuel oil with a sulfur
content in excess of 0.30 percent, by weight. For this purpose,
Consolidated Edison shall maintain a reserve supply of fuel oil with a
maximum sulfur content of 0.30 percent, by weight, and shall have a
mechanism to switch promptly to the use of such fuel oil.
[[Page 297]]
    (3) EPA's approval of this revision to the New York SIP will extend
for a period of twelve months from [August 11, 1980] or such longer
period limited to twelve months from the date on which fuel oil with a
sulfur content exceeding 0.30 percent, by weight, is first burned at any
of the affected Consolidated Edison facilities. However, once the use of
high sulfur fuel oil has commenced, failure to meet any of the
conversion dates specified in paragraph (g)(1) of this section shall not
extend the period of EPA approval.
    (4) On or before July 1, 1981 the Consolidated Edison Company of New
York, Inc. shall displace the use of approximately 7.1 million gallons
of residual oil, as projected on an annual basis, through a gas
conversion program to be implemented within a two-mile radius of the
Mabel Dean Bacon High School Annex monitor. Beginning on the first day
of the month in which fuel oil with a sulfur content exceeding 0.30
percent, by weight, is first burned at any of the affected Consolidated
Edison facilities and continuing for twelve months thereafter, the
Consolidated Edison Company of New York, Inc. shall submit a report to
the EPA, on a monthly basis, which includes, but is not limited to, the
following information regarding this program:
    (i) The total gallonage of fuel oil capacity converted (projected to
an annual amount) as of that date,
    (ii) The potential gallonage from sources at which conversion work
has begun, and
    (iii) The projected gallonage from sources expected to be converted
by July 1, 1981.
    (g) The Environmental Protection Agency has approved a New York
State Implementation Plan revision relating to the SO<INF>2</INF>
emission limit for units 4 and 5 of Orange and Rockland Utilities'
Lovett generating station. The revision which allows Lovett to burn coal
at units 4 and 5 was submitted by the New York State Department of
Environmental Conservation (NYSDEC) on September 18, 1990, with
additional materials submitted on April 12, 1991, and June 3, 1991. This
action sets the emission limit applicable to the facility to 1.0 pound
per million British thermal units (MMBtu) for units 4 and 5 if both are
operated on coal, or to 1.5 lb/MMBtu for one unit if the other is
operated on fuel oil, natural gas or is not operated at all, as set
forth in the Certificates to Operate issued by NYSDEC on April 3, 1991.
The SO<INF>2</INF> emission limit, monitoring and recordkeeping
requirements pertaining to the SO<INF>2</INF> emissions are incorporated
by reference into the Certificates to Operate.
[37 FR 19815, Sept. 22, 1972, as amended at 38 FR 31296, Nov. 13, 1973;
39 FR 1441, Jan. 9, 1974; 39 FR 9666, Mar. 13, 1974; 39 FR 30038, Aug.
20, 1974; 40 FR 23745, June 2, 1975; 45 FR 53144, Aug. 11, 1980; 50 FR
23007, May 30, 1985; 56 FR 37477, Aug. 7, 1991; 60 FR 33923, June 29,
1995]
Sec. 52.1676  Control strategy: Nitrogen dioxide.
    (a) The requirements of Sec. 52.14(c)(3) of this chapter as of May
8, 1974 (39 FR 16347), are not met since the plans do not provide for
the degree of nitrogen oxides emission reduction attainable through the
application of reasonably available control technology in the New York
portion of the New Jersey-New York-Connecticut Interstate Region.
    (b) Section 227.5(b) of 6 NYCRR, as submitted on August 10, 1979, is
disapproved because it is inconsistent with 40 CFR Subpart G, Control
strategy: Carbon monoxide, hydrocarbons, ozone, and nitrogen dioxide.
[37 FR 19815, Sept. 22, 1972, as amended at 39 FR 16347, May 8, 1974; 46
FR 55693, Nov. 12, 1981; 51 FR 40675, 40677, Nov. 7, 1986]
Sec. 52.1677  Compliance schedules.
    (a) The requirements of Sec. 51.261 of this chapter are not met
since the compliance schedule for Part 220 of Subchapter A, Chapter III,
Title 6 of New York State's Official Compilation of Codes, Rules and
Regulations, does not provide for attainment and maintenance of the
national standards for particulate matter by the dates required by the
Act.
    (b) The requirements of Sec. 51.262(a) of this chapter are not met
since sections 223.1(a), 225.3(c), and 230.2(d) of Subchapter A, Chapter
III, Title 6 of New York State's Official Compilation of Codes, Rules
and Regulations do not require the reporting of periodic increments of
progress toward compliance
[[Page 298]]
by affected sources or categories of sources.
    (c) The requirements of Sec. 51.262(a) of this chapter are not met
since compliance schedules with adequate increments of progress have not
been submitted for every source for which they are required.
    (d) Federal compliance schedules. (1) The owner or operator of any
boiler or furnace of more than 250 million Btu per hour heat input
subject to the requirements of section 225.3(c) of Subchapter A, Chapter
III, Title 6 of New York State's official compilation of codes, rules,
and regulations shall notify the Administrator, no later than October 1,
1973, of his intent to utilize either low-sulfur fuel or stack gas
desulfurization to meet the requirements of said regulation.
    (2) Any owner or operator of a stationary source subject to
paragraph (d)(1) of this section who elects low-sulfur fuel shall be
subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with section 225.3(c) of the codes, rules, and
regulations cited in paragraph (d)(1) of this section on June 30, 1975,
and October 1, 1975, respectively, and for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
    (v) June 15, 1974--Initiate onsite modifications, if applicable.
    (vi) February 28, 1975--Complete onsite modifications, if
applicable.
    (vii) (a) June 30, 1975--Final compliance with the low-sulfur fuel
requirements of section 225.3(c) of Subchapter A, Chapter III, Title 6
of New York State's official compilation of codes, rules, and
regulations.
    (b) October 1, 1975--Final compliance with the low-sulfur fuel
requirements of Subchapter A, Chapter III, Title 6 of New York State's
official compilation of codes, rules, and regulations.
    (3) Any owner or operator of a stationary source subject to
paragraph (d)(1) of this section who elects to utilize stack gas
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Let necessary contracts for construction.
    (ii) March 31, 1974--Initiate onsite construction.
    (iii) February 28, 1975--Complete onsite construction.
    (iv) (a) June 30, 1975--Final compliance with the requirements of
section 225.3(c) of Subchapter A, Chapter III, Title 6 of New York
State's official compilation of codes, rules, and regulations.
    (b) October 1, 1975--Final compliance with the requirements of
Subchapter A, Title 6 of New York State's official compilation of codes,
rules, and regulations.
    (v) If a performance test is necessary for a determination as to
whether compliance with subpart (3)(iv)(a) or (b) has been achieved,
such a test must be completed by June 30, 1975, or October 1, 1975,
respectively. Ten days prior to such a test, notice must be given to the
Administrator to afford him the opportunity to have an observer present.
    (4) The owner or operator of any boiler or furnace of more than 250
million Btu per hour heat input subject to the requirement of section
230.2(d) of Subchapter A, Chapter III, Title 6 of the New York State's
official compilation of codes, rules, and regulations shall notify the
Administrator no later than October 1, 1973, of his intent to utilize
either low-sulfur fuel or stack gas desulfurization to meet the
requirements of said regulation.
    (5) Any owner or operator of a stationary source subject to
paragraph (d)(4) of this section who elects low-sulfur fuel shall be
subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with section 230.2(d) of the codes, rules, and
regulations cited in paragraph (4) of this paragraph (d) on
[[Page 299]]
October 1, 1974, and for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
    (v) June 15, 1974--Initiate onsite modifications, if applicable.
    (vi) September 3, 1974--Complete onsite modifications, if
applicable.
    (vii) October 1, 1974--Final compliance with the low-sulfur fuel
requirements of section 230.2(d) of Subchapter A, Chapter III, Title 6
of New York State's official compilation of codes, rules, and
regulations.
    (6) Any owner or operator of a stationary source subject to
paragraph (d)(5) of this section who elects to utilize stack gas
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Let necessary contracts for construction.
    (ii) December 31, 1973--Initiate onsite construction.
    (iii) September 1, 1974--Complete onsite construction.
    (iv) October 1, 1974--Final compliance with the requirements of
section 230.2(d) of Subchapter A, Chapter III, Title 6 of New York
State's official compilation of codes, rules, and regulations.
    (v) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
October 1, 1974. Ten days prior to such a test, notice must be given to
the Administrator to afford him the opportunity to have an observer
present.
    (7) The owner or operator of any petroleum refinery subject to the
requirements of section 223.1(a) of Subchapter A, Chapter III, Title 6
of New York State's official compilation of codes, rules, and
regulations shall comply with the compliance schedule in paragraph
(d)(8) of this section.
    (8) Any owner or operator of a petroleum refinery subject to
paragraph (d)(7) of this section shall be subject to the following
compliance schedule:
    (i) November 1, 1973--Submit final control plan to the
Administrator.
    (ii) February 28, 1974--Let necessary contracts for construction or
installation of emission control equipment.
    (iii) June 30, 1974--Initiate onsite construction or installation of
emission control equipment.
    (iv) November 30, 1974--Complete onsite construction or installation
of emission control equipment.
    (v) December 31, 1974--Final compliance with the requirements of
section 223.1(a) of Subchapter A, Chapter III, Title 6 of New York
State's official compilation of codes, rules, and regulations.
    (9) The owner or operator of any coke oven battery subject to the
requirements of Part 214, sections 214.2 and 214.4, of Subchapter A,
Chapter III, Title 6 of the New York State's official compilation of
codes, rules, and regulations for a facility with an environmental
rating B as determined by Part 212 of Subchapter A, Chapter III, Title 6
of the New York State official compilation of codes, rules, and
regulations, shall comply with the compliance schedule in paragraph
(d)(10) of this section.
    (10) Any owner or operator of a coke oven battery subject to
paragraph (d)(9) of this section shall be subject to the following
compliance schedule:
    (i) November 1, 1973--Submit final control plan to the
Administrator.
    (ii) February 1, 1974--Let necessary contract for construction or
installation of control equipment.
    (iii) April 15, 1974--Initiate onsite construction or installation
of control equipment.
    (iv) November 30, 1974--Complete onsite construction or installation
of control equipment.
    (v) December 31, 1974--Final compliance with the requirements of
Part 214, sections 214.2 and 214.4, of the Subchapter A, Chapter III,
Title 6 of the New York State's official compilation of codes, rules,
and regulations.
    (11) Any owner or operator subject to a compliance schedule above
shall certify to the Administrator, within five days after the deadline
for each increment of progress in that schedule,
[[Page 300]]
whether or not the increment has been met.
    (12) (i) None of the above paragraphs shall apply to a source which
is presently in compliance with applicable regulations and which has
certified such compliance to the Administrator by October 1, 1973. The
Administrator may request whatever supporting information he considers
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by
the Administrator shall satisfy the requirements of this paragraph for
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this
paragraph may submit to the Administrator no later than October 1, 1973,
a proposed alternative compliance schedule. No such compliance schedule
may provide for final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
    (13) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraphs (d)(2), (3), (5), (6), (8), and
(10) of this section fails to satisfy the requirements of Sec. 51.15 (b)
and (c) of this chapter.
[37 FR 19815, Sept. 22, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1677, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.1678  Control strategy and regulations: Particulate matter.
    (a)-(c) [Reserved]
    (d) Section 227.3(a)(2) of 6 NYCRR, as submitted on August 10, 1979,
is disapproved because it is inconsistent with 40 CFR Subpart G, Control
strategy: Sulfur oxides and particulate matter.
[46 FR 55693, Nov. 12, 1981, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.1679  EPA-approved New York State regulations.
----------------------------------------------------------------------------------------------------------------
                                            State
        New York State regulation         effective      Latest EPA approval date              Comments
                                             date
----------------------------------------------------------------------------------------------------------------
Part 200, General Provisions sections        3/5/99  4/19/00, 65 FR 20908...........  Redesignation of non-
 200.1, 200.6, 200.7 and 200.9.                                                        attainment areas to
                                                                                       attainment areas
                                                                                       (200.1(av)) does not
                                                                                       relieve a source from
                                                                                       compliance with
                                                                                       previously applicable
                                                                                       requirements as per
                                                                                       letter of Nov. 13, 1981
                                                                                       from H. Hovey, NYSDEC.
                                                                                      Changes in definitions are
                                                                                       acceptable to EPA unless
                                                                                       a previously approved
                                                                                       definition is necessary
                                                                                       for implementation of an
                                                                                       existing SIP regulation.
[[Page 301]]
                                                                                      EPA is including the
                                                                                       definition of ``federally
                                                                                       enforceable'' with the
                                                                                       understanding that (1)
                                                                                       the definition applies to
                                                                                       provisions of a Title V
                                                                                       permit that are correctly
                                                                                       identified as federally
                                                                                       enforceable, and (2) a
                                                                                       source accepts operating
                                                                                       limits and conditions to
                                                                                       lower its potential to
                                                                                       emit to become a minor
                                                                                       source, not to ``avoid''
                                                                                       applicable requirements.
                                                                                      EPA is approving
                                                                                       incorporation by
                                                                                       reference of those
                                                                                       documents that are not
                                                                                       already federally
                                                                                       enforceable.
Part 201, Permits and Certificates......     4/4/93  12/23/97, 62 FR 67006..........  ..........................
Part 202, Emissions Testing, Sampling,      3/24/79  ......do.......................
 and Analytical Determinations.
Part 204, Hydrocarbon Emissions from        8/12/72  9/22/72, 37 FR 19814...........
 Storage and Loading Facilities--New
 York City Metropolitan Area.
Part 205, Architectural Surface Coatings    9/15/88  8/4/94, 59 FR 39686............  Until EPA approves State
                                                                                       adopted coating test
                                                                                       method, EPA will use 40
                                                                                       CFR part 60, App. B,
                                                                                       Method 24.
Part 207, Control Measures for an Air       3/24/79  11/12/81, 46 FR 55690..........
 Pollution Episode.
Part 211, General Prohibitions..........    8/11/83  11/27/98, 63 FR 65559..........  Section 211.2 has been
                                                                                       removed from the approved
                                                                                       plan.
Part 212, Processes & Exhaust and/or        5/10/84  7/19/85, 50 FR 29382...........  ..........................
 Ventilation Systems.
Part 213, Contaminant Emissions from        6/27/72  9/22/72, 37 FR 19814...........
 Ferrous Jobbing Foundries.
Part 214, By-Product Coke Oven Batteries    5/23/84  3/26/91, 56 FR 12452...........  Variances from otherwise
                                                                                       applicable allowable
                                                                                       emission rates adopted
                                                                                       pursuant to Secs.  214.10
                                                                                       (a), (b), or (c) become
                                                                                       applicable only if
                                                                                       approved by EPA as SIP
                                                                                       revisions.
Part 216, Iron and/or Steel Processes...    5/23/84  ......do.......................
Part 217, Emissions from Motor Vehicles     1/29/86  11/7/86, 51 FR 40414...........
 Propelled by Gasoline Engines.
Part 218, Emission Standards for Motor      5/28/92  1/6/95, 60 FR 2025.............
 Vehicles and Motor Vehicle Engines.
Part 219, Incinerators..................     5/1/82  9/22/72, 37 FR 19814...........
Part 220, Portland Cement Plants........    3/14/73  11/12/81, 46 FR 55690..........
Part 222, Incinerators--New York City,      7/17/72  9/22/72, 37 FR 19814...........
 Nassau and Westchester Counties.
Part 223, Petroleum Refineries..........     8/9/84  7/19/85, 50 FR 29382...........
[[Page 302]]
Part 224, Sulfuric and Nitric Acid          5/10/84  ......do.......................  Variances adopted by the
 Plants.                                                                               State pursuant to Part
                                                                                       224.6(b) become
                                                                                       applicable only if
                                                                                       approved by EPA as SIP
                                                                                       revisions 7/19/85, 50 FR
                                                                                       29382.
Subpart 225-1, Fuel Composition and Use-    3/24/79  11/12/81, 46 FR 55690..........  Section 225.3(e) is
 Sulfur Limitations.                                                                   disapproved (40 CFR
                                                                                       52.1675(d)). Variances
                                                                                       adopted by the State
                                                                                       pursuant to Secs.
                                                                                       225.2(b) and (c), 225.3,
                                                                                       and 225.5(c) become
                                                                                       applicable only if
                                                                                       approved by EPA or SIP
                                                                                       revisions (40 CFR
                                                                                       52.1675(e)).
Subpart 225-2, Fuel Composition and Use-    7/28/83  8/2/84.........................
 Waste Fuel.
Part 225-3, ``Fuel Composition and Use--     9/2/93  4/19/00, 65 FR 20911...........  This action removes the
 Gasoline;'' sections 225-3.1, 225-3.2,                                                following sections of
 225-3.3, 225-3.6, 225-3.8, 225-3.10.                                                  Part 225-3, which pertain
                                                                                       to the oxygenated
                                                                                       gasoline program, from
                                                                                       the State's CO SIP:
                                                                                       sections 225-3.4, 225-
                                                                                       3.5, 225-3.7, 225-3.9.
                                                                                       The Variance adopted by
                                                                                       the State pursuant to
                                                                                       section 225-3.8 becomes
                                                                                       applicable only if
                                                                                       approved by EPA as a SIP
                                                                                       revision.
Part 226, Solvent Metal Cleaning........    8/23/79  11/10/80, 45 FR 74472..........
Part 227, Stationary Combustion              5/1/72  9/22/72, 37 FR 19814...........  ..........................
 Installations [1972 version]/section
 227.2(b)(1).
Part 227, Stationary Combustion           .........  ...............................  Existing Part 227 is
 Installations.                                                                        renumbered Subpart 227-1.
Subpart 227-1, Stationary Combustion         3/5/99  4/19/00, 65 FR 20909...........  Renumbered sections 227-
 Installations.                                                                        1.2(a)(2), 227-1.4(a),
                                                                                       and 227-1.4(d) continue
                                                                                       to be disapproved
                                                                                       according to 40 CFR
                                                                                       52.1678(d) and
                                                                                       52.1680(a). (New York
                                                                                       repealed existing Part
                                                                                       227.5.)
Subpart 227-2, Reasonably Available          3/5/99  4/28/00, 65 FR 24877...........
 Control Technology (RACT) for Oxides of
 Nitrogen (NO<INF>X</INF>).
[[Page 303]]
Subpart 227-3, Pre-2003 Nitrogen Oxides      3/5/99  4/19/00, 65 FR 20909...........  Approval of NO<INF>X</INF> Budget
 Emissions Budget and Allowance Program.                                               Trading Program for 1999,
                                                                                       2000, 2001 and 2002. To
                                                                                       meet its attainment
                                                                                       demonstration commitments
                                                                                       and the interstate MOU,
                                                                                       New York will need to
                                                                                       amend their regulations
                                                                                       to establish the NO<INF>X</INF> caps
                                                                                       in the State during 2003
                                                                                       and beyond.
Part 228, Surface Coating Processes:
    228.1-228.10........................     4/4/93  12/23/97, 62 FR 67006..........  SIP revisions submitted in
                                                                                       accordance with Section
                                                                                       228.3(e)(1) are effective
                                                                                       only if approved by EPA.
Part 229, Petroleum and Volatile Organic     4/4/93  12/23/97, 62 FR 67006..........  SIP revisions submitted in
 Liquid Storage and Transfer.                                                          accordance with Section
                                                                                       229.3(g)(1) are effective
                                                                                       only if approved by EPA.
Part 230, Gasoline Dispensing Sites and     8/22/94  4/30/98, 63 FR 23668...........
 Transport Vehicles.
Part 231, Major Facilities..............    6/21/80  ......do.......................
Part 232, Dry Cleaning..................    8/11/83  6/17/85, 50 FR 25079...........  EPA has not determined
                                                                                       that Sec.  232.3(a)
                                                                                       provides for reasonably
                                                                                       available control
                                                                                       technology.
Part 233, Pharmaceutical and Cosmetic        4/4/93  12/23/97, 62 FR 67006..........  SIP revisions submitted in
 Processes.                                                                            accordance with Section
                                                                                       223.3(h)(1) are effective
                                                                                       only if approved by EPA.
Part 234, Graphic Arts..................     4/4/93  12/23/97, 62 FR 67006..........  SIP revisions submitted in
                                                                                       accordance with Section
                                                                                       234.3(f)(1) are effective
                                                                                       only if approved by EPA.
Part 236, Synthetic Organic Chemical        1/16/92  7/27/93, 58 FR 40059...........  Variances adopted by the
 Manufacturing Facility Component Leaks.                                               State pursuant to Part
                                                                                       236.6(e)(3) become
                                                                                       applicable only if
                                                                                       approved by EPA as a SIP
                                                                                       revision.
----------------------------------------------------------------------------------------------------------------
[46 FR 55692, Nov. 12, 1981, as amended at 46 FR 62064, Dec. 22, 1981;
49 FR 3439, Jan. 26, 1984; 49 FR 30939, Aug. 2, 1984; 50 FR 25079, June
17, 1985; 50 FR 29382, July 19, 1985; 51 FR 40420, Nov. 7, 1986; 54 FR
9436, Mar. 7, 1989; 54 FR 26041, June 21, 1989; 54 FR 48889, Nov. 28,
1989; 56 FR 12454, Mar. 26, 1991; 58 FR 40059, 40065, July 27, 1993; 59
FR 38986, Aug. 4, 1994; 60 FR 2025, Jan. 6, 1995; 61 FR 38597, July 25,
1996; 62 FR 67006, Dec. 23, 1997; 63 FR 23668, Apr. 30, 1998; 63 FR
65559, Nov. 27, 1998; 65 FR 20908, 20911, Apr. 19, 2000; 65 FR 24877,
Apr. 28, 2000]
[[Page 304]]
Sec. 52.1680  Control strategy: Monitoring and reporting.
    (a) Section 227.6 (a) and (f) are disapproved because they are not
consistent with the continuous monitoring and reporting requirements of
40 CFR 51.214.
[46 FR 55693, Nov. 12, 1981, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.1681  Control strategy: Lead.
    As part of the attainment demonstration for lead, the State of New
York has committed to rate all sources of lead or lead compound
emissions with either an ``A'' or ``B'' environmental rating pursuant to
6 NYCRR Part 212.
[49 FR 30939, Aug. 2, 1984]
Sec. 52.1682  [Reserved]
Sec. 52.1683  Control strategy: Ozone.
    (a) The State of New York has certified to the satisfaction of the
EPA that no sources are located in the nonattainment area of the State
which are covered by the following Control Techniques Guidelines:
    (1) Natural Gas/Gasoline Processing Plants.
    (2) Air Oxidation Processes at Synthetic Organic Chemical
Manufacturing Industries.
    (3) Manufacture of High-Density Polyethylene, Polypropylene, and
Polystyrene Resins.
    (b) EPA approves on September 20, 1991 a request by New York State
to implement modified I/M audit and enforcement procedures for a two-
year trial period as specified in a September 19, 1988 letter from
Thomas Allen, NYSDEC, to Raymond Werner, EPA, which also provided
justification for such modifications.
    (c) The State of New York's March 27, 1996 submittal for an enhanced
motor vehicle inspection and maintenance (I/M) program, as amended on
September 16, 1997, and September 17, 1997, is approved with an interim
period to last 18 months. If New York fails to start its program by
November 15, 1998, the interim approval granted under the provisions of
the NHSDA, which EPA believes allows the State to take full credit in
its 15 percent plan for all of the emission reduction credits in its
proposal, will convert to a disapproval after a finding letter is sent
to the State by EPA.
    (d) The State must correct six minor, or de minimus, deficiencies
related to the CAA requirements for enhanced I/M. The minor deficiencies
are listed in EPA's interim final rulemaking on New York's motor vehicle
inspection and maintenance program published on October 24, 1997.
Although satisfaction of these deficiencies does not affect the interim
approval status of the State's rulemaking, these deficiencies must be
corrected in the final I/M SIP revision to be submitted at the end of
the 18-month interim period.
    (e) EPA is also approving this SIP revision under Section 110(k) for
its strengthening effect on the plan.
    (f) Attainment Determination--EPA has determined that, as of
February 5, 1998, the Poughkeepsie ozone nonattainment area (consisting
of Dutchess and Putnam Counties and northern Orange County) has air
monitoring data that attains the one-hour ozone standard and that the
requirements of section 182(b)(1) (reasonable further progress and
attainment demonstration) and related requirements of section 172(c)(9)
(contingency measures) of the Clean Air Act do not apply to the area.
[56 FR 41463, Aug. 21, 1991, as amended at 61 FR 51217, Oct. 1, 1996; 61
FR 64029, Dec. 3, 1996; 62 FR 55344, Oct. 24, 1997; 62 FR 66825, Dec.
22, 1997]
Secs. 52.1684-52.1688  [Reserved]
Sec. 52.1689  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 (b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of New York.
[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]
[[Page 305]]
Sec. 52.1690  Small business technical and environmental compliance
          assistance program.
    On January 11, 1993, the New York State Department of Environmental
Conservation submitted a plan for the establishment and implementation
of a Small Business Stationary Source Technical and Environmental
Compliance Assistance Program for incorporation in the New York state
implementation plan. This plan meets the requirements of section 507 of
the Clean Air Act, and New York must implement the program as approved
by EPA.
[59 FR 34386, July 5, 1994]
                       Subpart II--North Carolina
Sec. 52.1770  Identification of plan.
    (a) Purpose and scope. This section sets forth the applicable State
implementation plan for North Carolina under section 110 of the Clean
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
1, 1998, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after December 1, 1998, 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) 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 1, 1998.
    (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 Office of Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC.; or at the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW., Washington,
DC. 20460.
    (c) EPA approved regulations.
                                     EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                               State
   State citation         Title/subject      effective          EPA approval date                Comments
                                                date
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D  Air Pollution Control Requirements
                                    Section .0100  Definitions and References
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  Definitions...........    1/15/98  11/10/99........................
Sect .0103.........  Copies of Referenced     12/01/92  08/15/94, 59 FR 41709.
                      Federal Regulations.
Sect .0104.........  Incorporation by         05/01/95  02/01/96, 61 FR 3589.
                      Reference Updates.
----------------------------------------------------------------------------------------------------------------
Sect. .0105........  Mailing List..........    1/15/98  11/10/99........................
                                      Section .0200  Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Sect. .0201........  Classification of Air     4/12/84  10/11/85, 50 FR 41501.
                      Pollution Sources.
Sect. .0202........  Registration of Air       1/15/98  11/10/99........................
                      Pollution Sources.
----------------------------------------------------------------------------------------------------------------
                                    Section .0300  Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Purpose...............    2/01/76  6/03/86, 51 FR 19834.
Sect. .0302........  Episode Criteria......    1/15/98  11/10/99........................
Sect. .0303........  Emission Reduction        4/12/84  10/11/85, 50 FR 41501.
                      Plans.
Sect. .0304........  Preplanned Abatement     04/14/88  12/12/88, 53 FR 49881.
                      Program.
Sect. .0305........  Emission Reduction        4/12/84  10/11/85, 50 FR 41501.
                      Plan; Alert Level.
Sect. .0306........  Emission Reduction        4/12/84  10/11/85, 50 FR 41501.
                      Level; Warning Level.
[[Page 306]]
Sect. .0307........  Emission Reduction        4/12/84  10/11/85, 50 FR 41501.
                      Level; Emergency
                      Level.
----------------------------------------------------------------------------------------------------------------
                                  Section .0400  Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0401........  Purpose...............   12/01/92  8/15/94, 59 FR 41709.
Sect. .0402........  Sulfur Oxides.........    4/12/84  10/11/85, 50 FR 41501.
Sect. .0403........  Total Suspended           7/01/88  1/16/90, 55 FR 1420.
                      Particulates.
Sect. .0404........  Carbon Monoxide.......   10/01/89  3/12/90, 55 FR 9127.
Sect. .0405........  Ozone.................    4/12/84  10/11/85, 50 FR 41501.
Sect. .0407........  Nitrogen Dioxide......   10/01/89  3/12/90, 55 FR 9127.
Sect. .0408........  Lead..................    4/12/84  10/11/85, 50 FR 41501.
Sect. .0409........  Particulate Matter....    7/01/88  1/16/90, 55 FR 1420.
----------------------------------------------------------------------------------------------------------------
                                    Section .0500  Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0501........  Compliance With          07/01/96  08/01/97, 62 FR 41277.
                      Emission Control
                      Standards.
Sect. .0502........  Purpose...............    3/01/81  6/26/82 47 FR 31924.
Sect. .0503........  Particulates From Fuel    7/01/94  02/01/96 61 FR 3584.
                      Burning Indirect Heat
                      Exchangers.
Sect. .0504........  Particulates From Wood    3/14/85  11/19/86 51 FR 41786.
                      Burning Indirect Heat
                      Exchangers.
Sect. .0505........  Control of                7/01/87  2/29/88 53 FR 5974.
                      Particulates From
                      Incinerators.
Sect. .0506........  Particulates from Hot     3/20/98  11/10/99........................
                      Mix Asphalt Plants.
Sect. .0507........  Particulates from         3/20/98  11/10/99........................
                      Chemical Fertilizer.
Sect. .0508........  Particulates from Pulp    3/20/98  11/10/99........................
                      and Paper Mills.
Sect. .0509........  Particulates from Mica    3/20/98  11/10/99........................
                      or Feldspar
                      Processing.
Sect. .0510........  Particulates from         3/20/98  11/10/99........................
                      Sand, Gravel, or
                      Crushed Stone
                      Operations.
Sect. .0511........  Particulates from         3/20/98  11/10/99........................
                      Lightweight Aggregate.
Sect. .0512........  Particulates From Wood   11/01/84  12/19/86 51 FR 45468.
                      Products Finishing
                      Plants.
Sect. .0513........  Particulates from         3/20/98  11/10/99........................
                      Portland Cement
                      Plants.
Sect. .0514........  Particulates from         3/20/98  11/10/99........................
                      Ferrous Jobbing
                      Foundries.
Sect. .0515........  Particulates From        11/01/84  12/19/86 51 FR 45468.
                      Miscellaneaous
                      Industrial Processes.
Sect. .0516........  Sulfur Dioxide           07/01/96  08/01/97 62 FR 41277.
                      Emissions Combustion
                      Sources.
Sect. .0517........  SO2 Emissions From       11/01/84  12/19/86 51 FR 45468.
                      Plants Producing
                      Sulfuric Acid.
Sect. .0518........  Miscellaneous Volatile   11/21/96  10/15/99........................  ......................
                      Organic Compound
                      Emissions.
Sect. .0519........  Control of Nitrogen      07/01/96  08/01/97 62 FR 41277.
                      Dioxide Emissions.
Sect. .0520........  Control and              07/01/96  08/01/97, 62 FR 41277.
                      Prohibition of Open
                      Burning.
Sect. .0521........  Control of Visible        3/20/98  11/10/99........................
                      Emissions.
Sect. .0522........  Control and               2/01/76  6/03/86, 51 FR 19834.
                      Prohibition of
                      Odorous Emissions.
Sect. .0523........  Control of Conical        1/01/85  9/09/87, 52 FR 33933.
                      Incinerators.
Sect. .0527........  Emissions From           11/01/84  12/19/86, 51 FR 45468.
                      Spodumene Ore
                      Roasting.
Sect. .0530........  Prevention of            11/21/96  10/15/99........................
                      Significant
                      Deterioration.
Sect. .0531........  Sources in                1/15/98  11/10/99........................
                      Nonattainment Areas.
Sect. .0532........  Sources Contributing     07/01/94  02/01/96, 61 FR 3584.
                      to an Ambient
                      Violation.
Sect. .0533........  Stack Height..........   07/01/94  02/01/96, 61 FR 3584.
Sect. .0535........  Malfunction, Start-ups   07/01/96  08/01/97, 62 FR 41277.
                      and Shutdowns.
[[Page 307]]
Sect. .0536........  Particulate Emissions    08/01/91  02/14/96, 62 FR 5690.
                      From Electric Utility
                      Boilers.
Sect. .0540........  Particulates from         3/20/98  11/10/99........................
                      Fugitive Non-Process
                      Dust Emission Sources.
----------------------------------------------------------------------------------------------------------------
                             Section .0600  Air Contaminants; Monitoring, Reporting
----------------------------------------------------------------------------------------------------------------
Sect. .0601........  Purpose and Scope.....   07/01/96  08/01/97, 62 FR 41277.
Sect. .0602........  Definitions...........   04/12/84  10/11/85, 50 FR 41501.
Sect. .0604........  Sources Covered by       07/01/96  08/01/97, 62 FR 41277.
                      Implementation Plan
                      Requirements.
Sect. .0605........  Wood and Wood-Fossil     04/12/84  10/11/85, 50 FR 41501.
                      Fuel Combination
                      Units.
Sect. .0606........  Other Coal or Residual   05/02/88  12/12/88, 53 FR 49881.
                      Oil Burners.
Sect. .0607........  Exceptions to            04/12/84  10/11/85, 50 FR 41501.
                      Monitoring and
                      Reporting
                      Requirements.
Sect. .0608........  Program Schedule......   07/01/96  08/01/97, 62 FR 41277.
Sect. .0609........  Monitoring Condition     04/12/84  10/11/85, 50 FR 41501.
                      in Permit.
Sect. .0610........  Delegation............   06/03/88  11/13/89, 54 FR 47211.
----------------------------------------------------------------------------------------------------------------
                                         Section .0800  Complex Sources
----------------------------------------------------------------------------------------------------------------
Sect. .0801........  Purpose and Scope.....   07/01/94  02/01/96, 61 FR 3584.
Sect. .0802........  Definitions...........   07/01/94  02/01/96, 61 FR 3584.
Sect. .0803........  Highway Projects......   07/01/94  02/01/96, 61 FR 3584.
Sect. .0804........  Airport Facilities....   07/01/96  08/01/97, 62 FR 41277.
Sect. .0805........  Parking Facilities....   07/01/94  02/01/96, 61 FR 3584.
Sect. .0806........  Ambient Monitoring and  07/01/94,  02/01/96 61 FR 3584.
                      Modeling Analysis.
----------------------------------------------------------------------------------------------------------------
                                    Section .0900  Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Sect. .0901........  Definitions...........   07/01/96  08/01/97, 62 FR 41277.
Sect. .0902........  Applicability.........   11/21/96  10/15/99........................  ......................
Sect. .0903........  Recordkeeping,           11/08/84  12/19/86, 51 FR 45468.
                      Reporting; Monitoring.
Sect. .0905........  Petition for             11/08/84  12/19/86, 51 FR 45468.
                      Alternative Controls.
Sect. .0906........  Circumvention.........   11/08/84  12/19/86, 51 FR 45468.
Sect. .0907........  Compliance Schedules     11/21/96  10/15/99........................        [Repealed]
                      for Sources in
                      Nonattainment Areas.
Sect. .0908........  Equipment Modification   11/08/84  12/19/86, 51 FR 45468.
                      Compliance Schedules.
Sect. .0909........  Compliance Schedules     11/21/96  10/15/99........................  ......................
                      for Sources in New
                      Nonattainment Areas.
Sect. .0910........  Alternate Compliance     11/21/96  10/15/99........................        [Repealed]
                      Schedules.
Sect. .0911........  Exceptions for           11/21/96  10/15/99........................         [Repealed
                      Compliance Schedules.
Sect. .0912........  General Provisions on    11/08/84  12/19/86, 51 FR 45468.
                      Test Methods and
                      Procedures.
Sect. .0913........  Determination of         07/01/88  1/16/90, 55 FR 1420.
                      Volatile Content of
                      Surface Coatings.
Sect. .0914........  Determination of VOC      3/20/98  11/10/99........................
                      Emission Control
                      System Efficiency.
Sect. .0915........  Determination of         11/08/84  12/19/86, 51 FR 45468.
                      Solvent Metal
                      Cleaning VOC
                      Emissions.
Sect. .0916........  Determination of VOC     07/01/88  1/16/90, 55 FR 1420.
                      Emissions from Bulk
                      Gasoline Terminals.
Sect. .0917........  Automobile and Light-    07/01/96  08/01/97, 62 FR 41277.
                      Duty Truck
                      Manufacturing.
Sect. .0918........  Can Coating...........   07/01/96  08/01/97, 62 FR 41277.
Sect. .0919........  Coil Coating..........   07/01/96  08/01/97, 62 FR 41277.
Sect. .0920........  Paper Coating.........   07/01/96  08/01/97, 62 FR 41277.
Sect. .0921........  Fabric and Vinyl         07/01/96  08/01/97, 62 FR 41277.
                      Coating.
Sect. .0922........  Metal Furniture          07/01/96  08/01/97, 62 FR 41277.
                      Coating.
Sect. .0923........  Surface Coating of       07/01/96  08/01/97, 62 FR 41277.
                      Large Appliances.
Sect. .0924........  Magnet Wire Coating...   07/01/96  08/01/97 62 FR 41277.
[[Page 308]]
Sect. .0925........  Petroleum Liquid         12/01/89  06/23/94 59 FR 32365.
                      Storage.
Sect. .0926........  Bulk Gasoline Plants..   07/01/96  08/01/97 62 FR 41277.
Sect. .0927........  Bulk Gasoline             3/20/98  11/10/99........................
                      Terminals.
Sect. .0928........  Gasoline Service         07/01/96  08/01/97 62 FR 41277.
                      Stations Stage I.
Sect. .0930........  Solvent Metal Cleaning   03/01/91  06/23/94 59 FR 32365.
Sect. .0931........  Cutback Asphalt.......   12/01/89  06/23/94 59 FR 32365.
Sect. .0932........  Gasoline Truck Tanks     07/01/95  02/01/96 62 FR 3589.
                      and Vapor Collection
                      Systems.
Sect. .0933........  Petroleum Liquid         07/01/95  02/01/96 62 FR 3589.
                      Storage in External
                      Floating Roof Tanks.
Sect. .0934........  Coating of               07/01/96  08/01/97 62 FR 41277.
                      Miscellaneous Metal
                      Parts and Products.
Sect. .0935........  Factory Surface          07/01/96  08/01/97 62 FR 41277.
                      Coating of Flat Wood
                      Paneling.
Sect. .0936........  Graphic Arts..........   12/01/89  06/23/94 59 FR 32365.
Sect. .0937........  Manufacture of           07/01/96  08/01/97 62 FR 41277.
                      Pneumatic Rubber
                      Tires.
Sect. .0938........  Perchloroethylene Dry    12/01/89  06/23/94 59 FR 32365.
                      Cleaning System.
Sect. .0939........  Determination of         07/01/88  1/16/90 55 FR 1420.
                      Volatile Organic
                      Compounds Emissions.
Sect. .0940........  Determination of Leak    07/01/88  1/16/90 55 FR 1420.
                      Tightness and Vapor
                      Leaks.
Sect. .0941........  Alternative Method for   03/01/91  06/23/94 59 FR 32365.
                      Leak Tightness.
Sect. .0942........  Determination of         07/23/80  08/27/81 46 FR 43137.
                      Solvent in Filter
                      Waste.
Sect. .0943........  Synthetic Organic        03/01/91  06/23/94 59 FR 32365.
                      Chemical and Polymer
                      Manufacturing.
Sect. .0944........  Manufacture of           03/14/85  11/19/86 51 FR 41786.
                      Polyethylene
                      Polypropylene, and
                      Polystyrene.
Sect. .0945........  Petroleum Dry Cleaning   03/14/85  11/19/86 51 FR 41786
Sect. .0947........  Manufacture of           07/01/94  05/05/95 60 FR 22284.
                      Synthesized
                      Pharmaceutical
                      Products.
Sect. .0948........  VOC Emissions From       07/01/94  05/05/95 60 FR 22284.
                      Transfer Operations.
Sect. .0949........  Storage of               07/01/94  05/05/95 60 FR 22284.
                      Miscellaneous
                      Volatile Organic
                      Compounds.
Sect. .0950........  Interim Standards for    05/01/95  02/01/96, 62 FR 3589.
                      Certain Source
                      Categories.
Sect. .0951........  Miscellaneous Volatile   07/01/96  08/01/97, 62 FR 41277.
                      Organic Compound
                      Emissions.
Sect. .0952........  Petition for             05/01/95  02/01/96, 62 FR 3589.
                      Alternative Controls.
Sect. .0953........  Vapor Return Piping       1/15/98  11/10/99........................
                      for Stage II Vapor
                      Recovery.
Sect. .0953........  Vapor Return Piping       3/20/98  11/10/99........................
                      for Stage II Vapor
                      Recovery.
Sect. .0954........  Stage II Vapor           11/21/96  10/15/99........................
                      Recovery.
Sect. .0955........  Thread Bonding           04/01/95  02/01/96, 62 FR 3589.
                      Manufacturing.
Sect. .0956........  Glass Christmas          04/01/05  02/01/96, 62 FR 3589.
                      Ornament
                      Manufacturing.
Sect. .0957........  Commercial Bakeries...   04/01/95  02/01/96, 62 FR 3589.'
----------------------------------------------------------------------------------------------------------------
                            Section .1000  Motor Vehicle Emissions Control Standards
----------------------------------------------------------------------------------------------------------------
Sect. .1001........  Purpose...............   12/01/82  06/02/95, 60 FR 28726.
Sect. .1002........  Applicability.........   07/01/94  06/02/95, 60 FR 28726.
Sect. .1003........  Definitions...........   12/01/82  06/02/95, 60 FR 28726.
Sect. .1004........  Emission Standards....   07/01/93  06/02/95, 60 FR 28726.
Sect. .1005........  Measurement and          04/01/91  06/02/95, 60 FR 28726.
                      Enforcement.
----------------------------------------------------------------------------------------------------------------
                                   Section .1300  Oxygenated Gasoline Standard
----------------------------------------------------------------------------------------------------------------
Sect. .1301........  Purpose...............   09/01/92  06/30/94, 59 FR 32365.
Sect. .1302........  Applicability.........   09/01/92  06/30/94, 59 FR 32365.
Sect. .1303........  Definitions...........   09/01/92  06/30/94, 59 FR 32365.
Sect. .1304........  Oxygen Content           09/01/92  06/30/94, 59 FR 32365.
                      Standard.
Sect. .1305........  Measurement and          09/01/92  06/30/94, 59 FR 32365.
                      Enforcement.
----------------------------------------------------------------------------------------------------------------
[[Page 309]]
                                           Section .1900  Open Burning
----------------------------------------------------------------------------------------------------------------
Sect. .1901........  Purpose, Scope, and      07/01/96  08/01/97, 62 FR 41277.
                      Impermissible Open
                      Burning.
Sect. .1902........  Definitions...........    1/15/98  11/10/99........................
Sect. .1903........  Permissible Open          1/15/98  11/10/99........................
                      Burning Without a
                      Permit.
Sect. .1904........  Air Curtain Burners...   07/01/96  08/01/97, 62 FR 41277
----------------------------------------------------------------------------------------------------------------
                                       Subchapter 2Q  Air Quality Permits
                                        Section .0100  General Provisions
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  Required Air Quality      3/20/98  11/10/99........................
                      Permits.
Sect. .0102........  Activities Exempted      08/15/94  02/01/96, 61 FR 3584.
                      From Permit
                      Requirements.
Sect. .0103........  Definitions...........    1/15/98  11/10/99........................
Sect. .0104........  Where to Obtain and      11/21/96  10/15/99........................  ......................
                      File Permit
                      Applications.
Sect. .0105........  Copies of Referenced     08/15/94  02/01/96, 61 FR 3584.
                      Documents.
Sect. .0106........  Incorporation by         08/15/94  02/01/96, 61 FR 3584.
                      Reference.
Sect. .0107........  Confidential             11/21/96  10/15/99........................  ......................
                      Information.
Sect. .0108........  Delegation of            08/15/94  02/01/96, 61 FR 3584.
                      Authority.
Sect. .0109........  Compliance Schedule      07/01/96  08/01/97, 62 FR 41277.
                      for Previously
                      Exempted Activities.
Sect. .0110........  Retention of Permit at   08/15/94  02/01/96, 61 FR 3584.
                      Permitted Facility.
Sect. .0111........  Applicability            08/15/94  02/01/96, 61 FR 3584
                      Determinations.
----------------------------------------------------------------------------------------------------------------
                                           Section .0200  Permit Fees
----------------------------------------------------------------------------------------------------------------
Sect. .0207........  Annual Emissions          1/15/98  11/10/99........................
                      Reporting.
----------------------------------------------------------------------------------------------------------------
                                Section .0300  Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Applicability.........   07/01/94  07/28/95, 60 FR 38710.
Sect. .0303........  Definitions...........   07/01/94  07/28/95, 60 FR 38710.
Sect. .0304........  Applications..........   07/01/94  07/28/95, 60 FR 38710.
Sect. .0305........  Application Submittal    07/01/94  07/28/95, 60 FR 38710.
                      Content.
Sect. .0306........  Permits Requiring         3/20/98  11/10/99........................
                      Public Participation.
Sect. .0307........  Public Participation      1/15/98  11/10/99........................
                      Procedures.
Sect. .0308........  Final Action on Permit   07/01/94  07/28/95, 60 FR 38710.
                      Applications.
Sect. .0309........  Termination,             07/01/94  07/28/95, 60 FR 38710.
                      Modification and
                      Revocation of Permits.
Sect. .0310........  Permitting of Numerous   07/01/94  07/28/95, 60 FR 38710.
                      Similar Facilities.
Sect. .0311........  Permitting of            07/01/96  08/01/97, 62 FR 41277.
                      Facilities at
                      Multiple Temporary
                      Sites.
Section .0312......  Application Processing    3/20/98  11/10/99........................
                      Schedule.
----------------------------------------------------------------------------------------------------------------
                                Section .0600  Transportation Facility Procedures
----------------------------------------------------------------------------------------------------------------
Sect. .0601........  Purpose of Section and   07/01/94   2/01/96, 61 FR 3586.
                      Requirement for
                      Permit.
Sect. .0602........  Definitions...........   07/01/94  2/01/96, 61 FR 3586.
Sect. .0603........  Applications..........   07/28/97  12/31/98, 63 FR 72193.
Sect. .0604........  Public Participation..   07/01/94  2/01/96, 61 FR 3586.
Sect. .0605........  Delegation of            07/01/94  2/01/96, 61 FR 3586.
                      Authority.
Sect. .0606........  Termination,             07/01/94  2/01/96, 61 FR 3586.
                      Modification and
                      Revocation of Permits.
----------------------------------------------------------------------------------------------------------------
                                        Section .0800  Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
Sect. .0801........  Purpose and Scope.....   08/01/95  09/20/96, 61 FR 49418.
Sect. .0802........  Gasoline Servicing       08/01/95  09/20/96, 61 FR 49418.
                      Stations and
                      Dispensing Facilities.
[[Page 310]]
Sect. .0803........  Coating, Solvent         07/28/97  12/31/98, 63 FR 72193.
                      Cleaning, Graphic
                      Arts Operations.
Sect. .0804........  Dry Cleaning             08/01/95  09/20/96, 61 FR 49418.
                      Facilities.
Sect. .0805........  Grain Elevators.......    1/15/98  11/10/99........................
Sect. .0806........  Cotton Gins...........    1/15/98  11/10/99........................
Sect. .0807........  Emergency Generators..    1/15/98  11/10/99........................
----------------------------------------------------------------------------------------------------------------
[64 FR 27467, May 20, 1999, as amended at 64 FR 55834, Oct. 15, 1999; 64
FR 61216, 61217, Nov. 10, 1999]
    Editorial Note: At 64 FR 61215, Nov. 10, 1999, the table in
Sec. 52.1770(c) was amended by revising several entries. However,
because of inaccurate amendatory language, this amendment could not be
entirely incorporated. The entries for sect. .0104, sect. .0515, sect.
.0938, sect. .0108, sect. .0313, and sect. .0607 are not incorporated.
Sec. 52.1771  Classification of regions.
    The North Carolina plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Western Mountain Intrastate..........................           I        III       III       III           III
Eastern Mountain Intrastate..........................           I        III       III       III           III
Metropolitan Charlotte Interstate....................           I         II       III       III             I
Northern Piedmont Intrastate.........................           I        III       III       III           III
Eastern Piedmont Intrastate..........................           I        III       III       III           III
Northern Coastal Intrastate..........................           I        III       III       III           III
Southern Coastal Intrastate..........................          II        III       III       III           III
Sandhills Intrastate.................................          II        III       III       III           III
----------------------------------------------------------------------------------------------------------------
[37 FR 10884, May 31, 1972]
Sec. 52.1772  Approval status.
    (a) With the exceptions set forth in this subpart, the Administrator
approves North Carolina'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. In addition, continued satisfaction of the requirements of
Part D for the ozone portion of the SIP depends on the adoption and
submittal of RACT requirements by July 1, 1980 for the sources covered
by CTGs issued between January 1978 and January 1979 and adoption and
submittal by each subsequent January of additional RACT requirements for
sources covered by CTGs issued by the previous January.
    (b) New Source review permits issued pursuant to section 173 of the
Clean Air Act will not be deemed valid by EPA unless the provisions of
Section V of the Emission Offset (Interpretative Rule) published on
January 16, 1979 (44 FR 3274) are met.
[45 FR 26043, Apr. 17, 1980]
Secs. 52.1773-52.1774  [Reserved]
Sec. 52.1775  Rules and regulations.
    Paragraph (g) of regulation 2D.0535 is disapproved because its
automatic exemption for excess emissions during startup and shutdown is
inconsistent with the Clean Air Act.
[51 FR 32075, Sept. 9, 1986]
[[Page 311]]
Sec. 52.1776-52.1777  [Reserved]
Sec. 52.1778  Significant deterioration of air quality.
    (a)-(b)  [Reserved]
    (c) All applications and other information required pursuant to
Sec. 52.21 of this part from sources located or to be located in the
State of North Carolina shall be submitted to the North Carolina
Environmental Management Commission, Department of Natural and Economic
Resources, Division of Environmental Management, P.O. Box 27687,
Raleigh, NC 27611. Attention: Air Quality Section, instead of the EPA
Region IV office.
[43 FR 26410, June 19, 1978, as amended at 47 FR 7837, Feb. 23, 1982]
Sec. 52.1779  [Reserved]
Sec. 52.1780  VOC rule deficiency correction.
    The revisions submitted to EPA for approval on September 21, 1989,
January 14, 1991, April 29, 1991, August 13, 1991, and July 19, 1993,
were intended to correct deficiencies cited in a letter calling for the
State to revise its SIP for O<INF>3</INF> from Greer C. Tidwell, EPA
Regional Administrator to Governor James C. Martin on May 25, 1988, and
clarified in a letter from Winston A. Smith, EPA Region IV Air Division
Director to the Chief of the Air Quality Section, North Carolina
Division of Environmental Management. The deficiency in the following
aspect of the rule has not been corrected.
    (a) Procedures used to determine capture control device efficiency
should be contained in 2D.0914. This deficiency must be corrected as
soon as EPA issues final guidance on Capture Efficiency regulations.
    (b) [Reserved]
[59 FR 32365, June 23, 1994]
Sec. 52.1781  Control strategy: Sulfur oxides and particulate matter.
    (a) The plan's control strategy for particulate matter as outlined
in the three-year variance for the coal-fired units of Duke Power
Company and Carolina Power & Light Company from the particulate emission
limits of Regulation 15 N.C.A.C. 2D.0503, with submittals on June 18,
September 7, October 31, and December 14, 1979, by the North Carolina
Department of Natural Resources and Community Development, is
disapproved only insofar that it provides an exemption for excess
emissions during periods of startup, shutdown, and verified malfunction.
(See Sec. 52.1770(c)(22).)
    (b) The plan's control strategy for particulate matter as contained
in regulation 15 NCAC 2D.0536, which was submitted on January 24 and
February 21, 1983, and on December 17, 1985, and became effective on
August 1, 1987, is disapproved insofar as it provides annual opacity
limits for the seven plants of Duke Power Company and for Plants Roxboro
and Cape Fear of Carolina Power and Light Company.
    (c) The plan's control strategy for particulate matter as contained
in revisions to 15 NCAC 2D.0536 submitted on January 24, 1983, February
21, 1983, and December 17, 1985, is disapproved as it applies to the
Carolina Power and Light Asheville, Lee, Sutton and Weatherspoon Plants.
These plants will continue to be subject to the particulate limits of 15
NCAC 2D.0503, contained in the original SIP, submitted to EPA on January
27, 1972, and approved on May 31, 1982 at 47 FR 10884.
    (d) In letters dated February 4, 1987, and June 15, 1987, the North
Carolina Department of Natural Resources and Community Development
certified that no emission limits in the State's plan are based on
dispersion techniques not permitted by EPA's stack height rules.
[45 FR 55425, Aug. 20, 1980, as amended at 53 FR 11071, Apr. 5, 1988; 53
FR 22488, June 16, 1988; 54 FR 9434, Mar. 7, 1989; 54 FR 13185, Mar. 31,
1989]
Sec. 52.1783  Original identification of plan section.
    (a) This section identifies the original ``Air Implementation Plan
for the State of North Carolina'' and all revisions submitted by North
Carolina that were federally approved prior to December 1, 1998.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Miscellaneous non-regulatory additions to the plan submitted on
May 5,
[[Page 312]]
1972, by the North Carolina Department of Natural and Economic
Resources.
    (2) Letter indicating procurement of additional monitors submitted
on May 9, 1972, by the North Carolina Department of Natural and Economic
Resources.
    (3) Compliance schedules submitted on February 13, 1973, by the
North Carolina Department of Natural and Economic Resources.
    (4) Compliance schedules submitted on February 14, 1973, by the
North Carolina Department of Natural and Economic Resources.
    (5) Compliance schedules submitted on March 2, 1973, by the North
Carolina Department of Natural and Economic Resources.
    (6) Compliance schedules submitted on April 24, 1973, by the North
Carolina Department of Natural and Economic Resources.
    (7) Compliance schedules submitted on November 2, 1973, by the North
Carolina Department of Natural and Economic Resources.
    (8) Indirect source review regulation No. 9 submitted on November
16, 1973, by the North Carolina Department of Natural and Economic
Resources.
    (9) Compliance schedules submitted on November 20, 1973, by the
North Carolina Department of Natural and Economic Resources.
    (10) Revisions to indirect source review regulation No. 9 and AQMA
identification material submitted on April 1, 1974, by the North
Carolina Department of Natural and Economic Resources.
    (11) Compliance schedules submitted on May 13, 1974, by the North
Carolina Department of Natural and Economic Resources.
    (12) Compliance schedules submitted on November 7, 1974, by the
North Carolina Department of Natural and Economic Resources.
    (13) AQMA identification material submitted on November 22, 1974, by
the North Carolina Department of Natural and Economic Resources.
    (14) Compliance schedules submitted on November 27, 1974, by the
North Carolina Department of Natural and Economic Resources.
    (15) Revised ambient SO<INF>2</INF> and NO<INF>2</INF> standards,
submitted on March 23, 1976, by the North Carolina Department of Natural
and Economic Resources.
    (16) Regulations extending visible emissions standard, adopting
EPA's New Source Performance Standards (40 CFR part 60) and revising
emission monitoring of stationary sources (40 CFR part 51.19), submitted
June 24, 1976, by North Carolina Departmentof Natural and Economic
Resources.
    (17) Letter requesting delegation of Federal authority for the
administrative and technical portions of the prevention of significant
deterioration program, submitted on June 24, 1976, by the Secretary of
the North Carolina Department of Natural andEconomic Resources.
    (18) Miscellaneous plan revisions, submitted on November 1, 1976, by
the North Carolina Department of Natural and Economic Resources.
    (19) Regulations governing emissions of sulfur dioxide from the
roasting of spodumene ore, submitted on February 14, 1978, by the North
Carolina Department of Natural Resources and Community Development.
    (20) Request for an 18-month extension of the statutory timetable
for submitting a plan to attain and maintain the secondary ambient
standard for particulate matter in the Spruce Pine nonattainment area,
submitted on February 1, 1979, by the North Carolina Department of
Natural Resources and Community Development.
    (21) 1979 implementation plan revisions for the Mecklenburg County
ozone and carbon monoxide nonattainment areas, including regulations
2D.0901-.0931 and 2H.0608, adopted on June 14, 1979, and submitted on
June 15 and July 25, 1979, by the North Carolina Department of Natural
Resources and Community Development.
    (22) Three-year variance for the coal-fired units of Duke Power
Company and Carolina Power & Light Company from the particulate emission
limits of Regulation 15 N.C.A.C. 2D.0503, with submittals on June 18,
September 7, October 31, and December 14, 1979, by the North Carolina
Department of Natural Resources and Community Development.
[[Page 313]]
    (23) Revised regulations 2D.0903 and 2D.0931, adopted on April 10,
1980, and submitted on May 2, 1980, by the North Carolina Department of
Natural Resources and Community Development to correct deficiencies in
the Part D ozone revisions given conditional approval on April 17, 1980.
    (24) Corrections in Part D carbon monoxide revisions conditionally
approved on April 17, 1980, submitted on May 22 (this submittal included
Regulation 2H.0608(g)), July 1, and August 19, 1980, by the North
Carolina Department of Natural Resources and Community Development.
    (25) Miscellaneous revisions submitted on June 15, 1979 (provisions
for interstate pollution abatement to satisfy section 126(a) of the
Clean Air Act, and revised ambient standard for ozone), and on May 2,
1980 (revision of regulations 2D.0302, .0501, .0524, .0525, and .0603,
addition of regulation 2H.0603(f), ambient standard for airborne lead,
and provision for public participation to satisfy section 127(a) of the
Clean Air Act), by the North Carolina Department of Natural Resources
and CommunityDevelopment.
    (26) Revisions of Section VI, Air Quality Surveillance, of the plan,
submitted on August 19, 1980, by the North Carolina Department of
Natural Resources and Community Development.
    (27) Opacity limits for existing kraft pulp mill recovery furnaces
(regulation 2D .0508(b)) and revised opacity limitations for other
sources (revised regulation 2D .0521), submitted on March 22, 1977, and
on April 19, 1978, by the North Carolina Department of Natural Resources
and Community Development.
    (28) Revisions in VOC regulations 2D.0902, .0903, .0905,
.0907-.0912, and new VOC regulations 2D.0932-.0942, submitted on June
23, 1980, and revised regulation 2D.0936, submitted on April 29, 1981,
by the North Carolina Department of Natural Resources and Community
Development.
    (29) Implementation plan for lead, submitted on May 2, 1980, by the
North Carolina Department of Natural Resources and Community
Development.
    (30) Regulation 2D.0530, providing for prevention of significant
deterioration, submitted on April 16, 1981, by the North Carolina
Department of Natural Resources and Community Development.
    (31) Addition of regulations 2D.0531 and 2D.0532 to replace repealed
regulation 2H.0608, regulations providing for alternative emission
reduction options, revised permit regulations (no action is taken on the
addition of subdivision (h) to regulation 2H.0603), and miscellaneous
other regulation changes, submitted on April 16, 1981, and relaxed
annual ambient standard for particulate matter, submitted on September
14, 1981, by the North Carolina Department of Natural Resources and
Community Development.
    (32) Revised SO<INF>2</INF> limit for all but 24 (see FR of December
7, 1982) fuel-burning sources (changes in regulations 2D.0511 and
.0516), submitted on March 22, 1977, and January 11, 1982, by the North
Carolina Department of Natural Resources and Community Development.
    (33) Permit restricting emissions of SO<INF>2</INF> from the
Cliffside Steam Plant of Duke Power Company to 2.2  per million Btu,
submitted on September 24, 1982, by the North Carolina Department of
Natural Resources and Community Development.
    (34) Revised SO<INF>2</INF> limit for eight fuel-burning sources
(See FR of February 10, 1983), submitted on March 22, 1977, and January
11, July 27, and August 26, 1982, by the North Carolina Department of
Natural Resources and Community Development.
    (35) Changes in regulations 2D.0524 and .0603, submitted on
September 24, 1982, by the North Carolina Department of Natural
Resources and Community Development.
    (36) Bubble permit for E. I. du Pont de Nemours and Company,
Kinston, submitted on May 18, 1983, by the North Carolina Department of
Natural Resources and Community Development.
    (37) 1982 revision of the Part D plan for the Mecklenburg County CO
nonattainment area, submitted on June 17, 1982, and April 17, 1984, by
the North Carolina Department of Natural Resources and Community
Development.
    (38) Revisions to the North Carolina Administrative Code were
submitted to EPA on January 24, 1983.
[[Page 314]]
    (i) Incorporation by reference. (A) Letter of January 24, 1983 from
the North Carolina Department of Natural Resources and Community
Development, and the following North Carolina Administrative Code
Regulations which were adopted by the Environmental Management
Commission on December 9, 1982:
15 NCAC 2D.0501, Compliance With Emission Control Standards
15 NCAC 2D.0503, Control of Particulates from Fuel Burning Sources
15 NCAC 2D.0504, Particulates from Wood Burning Indirect Heat Exchangers
15 NCAC 2D.0530, Prevention of Significant Deterioration
15 NCAC 2D.0531, Sources in Nonattainment Areas
15 NCAC 2D.0532, Sources Contributing to an Ambient Violation
15 NCAC 2D.0606, Other Coal or Residual Oil Burners
15 NCAC 2D.0902, Applicability (Volatile Organic Compounds)
15 NCAC 2H.0603, Applications (Air Quality Permits)
    (39) Revisions to the North Carolina Administrative Code were
submitted to EPA on April 17, 1984.
    (i) Incorporation by reference. (A) Letter of April 17, 1984 from
the North Carolina Department of Natural Resources and Community
Development, and the following North Carolina Administrative Code
Regulations which were adopted by the Environmental Management
Commission on April 12, 1984:
15 NCAC 2D.0101, Definitions and References
15 NCAC 2D.0103, Copies of Referenced Federal Regulations
15 NCAC 2D.0201, Classification of Air Pollution Sources
15 NCAC 2D.0202, Registration of Air Pollution Sources
15 NCAC 2D.0302, Episode Criteria
15 NCAC 2D.0303, Emission Reduction Plans
15 NCAC 2D.0304, Preplanned Abatement Program
15 NCAC 2D.0305, Emission Reduction Plan--Alert Level
15 NCAC 2D.0306, Emission Reduction Plan--Warning Level
15 NCAC 2D.0307, Emission Reduction Plan--Emergency Level
15 NCAC 2D.0401, Purpose (Ambient Air Quality Standards)
15 NCAC 2D.0402, Sulfur Oxides
15 NCAC 2D.0403, Suspended Particulates
15 NCAC 2D.0404, Carbon Monoxide
15 NCAC 2D.0405, Ozone
15 NCAC 2D.0407, Nitrogen Dioxide
15 NCAC 2D.0408, Lead
15 NCAC 2D.0501, Compliance With Emission Control Standards
15 NCAC 2D.0524, New Source Performance Standards
15 NCAC 2D.0601, Purpose and Scope (Monitoring, Reporting)
15 NCAC 2D.0602, Definitions
15 NCAC 2D.0604, Sources Covered by Implementation Plan Requirements
15 NCAC 2D.0605, Wood and Wood--Fossil Fuel Combination Units
15 NCAC 2D.0606, Other Coal or Residual Oil Burners
15 NCAC 2D.0607, Exceptions to Monitoring and Reporting Requirements
15 NCAC 2D.0608, Program Schedule
15 NCAC 2D.0610, Delegation
15 NCAC 2D.0801, Purpose and Scope (Complex Sources)
15 NCAC 2D.0802, Permits
15 NCAC 2D.0803, Highway Projects
15 NCAC 2D.0804, Airport Facilities
15 NCAC 2H.0601, Purpose and Scope (Air Quality Permits)
15 NCAC 2H.0602, Definitions
15 NCAC 2H.0604, Final Action on Permit Applications
15 NCAC 2H.0605, Issuance, Revocation and Enforcement of Permits
15 NCAC 2H.0606, Delegation of Authority
15 NCAC 2H.0607, Copies of Referenced Documents
    (ii) Additional material. (A) The following regulations were
repealed by the Environmental Management Commission on April 12, 1984:
15 NCAC 2D.0102, Phrases
15 NCAC 2D.0406, Hydrocarbons
15 NCAC 2D.0603, Sources Covered by National Standards
    (40) Visibility Impairment Prevention Program and visibility new
source review regulations were submitted to EPA on April 15, 1985.
    (i) Incorporation by reference.
    (A) Letter of April 15, 1985, from the North Carolina Department of
Natural Resources and Community Development, and the following North
Carolina Administrative Code revisions which were adopted by the
Environmental Management Commission on April 11, 1985: 15 NCAC 2D.0530,
Prevention of Significant Deterioration 15 NCAC 2D.0531, Sources in
Nonattainment Areas.
    (ii) Additional material.
    (A) Narrative submittal, titled ``Visibility Impairment Prevention
Program for Federal Class I Areas,'' adopted by
[[Page 315]]
the Environmental Management Commission on April 11, 1985.
    (41)  [Reserved]
    (42) A new regulation covering malfunctions, (2D.0535 (a)--(f)), and
the repeal of a malfunction rule for VOC sources (2D.0904) which were
submitted to EPA on January 24, 1983. (2D.0535(g) covering startups and
shutdowns as submitted on April 17, 1984, is disapproved.)
    (i) Incorporation by reference.
    (A) New malfunction regulation 15 NCAC 2D.0535 paragraphs (a)-(f),
as adopted by the Environmental Management Commission on December 9,
1982.
    (ii) Additional material.
    (A) Letter from Robert F. Helms, Director, Division of Environmental
Management, dated January 24, 1983.
    (43) Revisions to the North Carolina Administrative Code were
submitted to EPA on March 18, 1985.
    (i) Incorporation by reference.
    (A) Changes in the following regulations were adopted by the
Environmental Management Commission on March 14, 1985:
15 NCAC 2D.0606, Other Coal or Residual Oil Burners
15 NCAC 2D.0939, Determination of Volatile Organic Compound Emissions
    (B) The following new regulations were adopted by the Environmental
Management Commission on March 14, 1985:
15 NCAC 2D.0943, Synthetic Organic Chemical and Polymer Manufacturing
15 NCAC 2D.0944, Manufacturing of Polyethylene, Polypropylene, and
Polystyrene
15 NCAC 2D.0945, Petroleum Dry Cleaning
    (ii) Other material--none.
    (44) Revisions to the North Carolina Administrative Code were
submitted to EPA on April 15, 1985.
    (i) Incorporation by reference.
    (A) Changes in the following regulations were adopted by the
Environmental Management Commission on April 11, 1985:
15 NCAC 2D.0202, Registration of Air Pollution Sources
15 NCAC 2D.0501, Compliance with Emission Control Standards (except the
changes to paragraph (f)(1)(A))
15 NCAC 2D.0503, Control of Particulates from Fuel Burning Indirect Heat
Exchangers
15 NCAC 2D.0504, Particulates from Wood Burning Indirect Heat Exchangers
15 NCAC 2D.0505, Control of Particulates from Incinerators
15 NCAC 2H.0603, (Permit) Applications
    (ii) Other material--none.
    (45) SO<INF>2</INF> revisions for Alba Waldensian and Valdese
Manufacturing which were submitted by the North Carolina Department of
Natural Resources and Community Development on April 2, 1986.
    (i) Incorporation by reference. (A) Letter of April 2, 1986, from
the North Carolina Department of Natural Resources and Community
Development.
    (B) Permits for Alba Waldensian (2 plants) and Valdese Manufacturing
which were issued by the Environmental Management Commission on July 23,
1986, March 11, 1987, and August 1, 1985, respectively.
    (ii) Additional material--none.
    (46) SO<INF>2</INF> and particulate revision for Appalachian State
University which was submitted by the North Carolina Department of
Natural Resources and Community Development on July 26, 1985, and June
7, 1988.
    (i) Incorporation by reference.
    (A) Letters of July 26, 1985 and June 7, 1988 from the North
Carolina Department of Natural Resources and Community Development.
    (B) Permit for Appalachian State University (No. 3990R4) which was
issued by the Environnental Management Commission on July 19, 1985, and
amended on June 7, 1988.
    (ii) Additional material--none.
    (47) Revisions to Title 15 of the North Carolina Administrative Code
(15 NCAC) which were submitted to EPA on December 17, 1984.
    (i) Incorporation by reference.
    (A) Letter of December 17, 1984, from the North Carolina Division of
Environmental Management and amendments to the following regulations
which were adopted by the North Carolina Environmental Management
Commission on November 8, 1984:
2D.0501--Compliance with Emission Control Standards
2D.0506--Control of Particulates from Hot Mix Asphalt Plants
2D.0507--Particulates from Chemical Fertilizer Manufacturing Plants
[[Page 316]]
2D.0508--Control of Particulates from Pulp and Paper Mills
2D.0509--Particulates from Mica or Feldspar Processing Plants
2D.0510--Particulates: Sand, Gravel, Crushed Stone Operations
2D.0511--Particulates, SO<INF>2</INF> from Lightweight Aggregate
Processes
2D.0512--Particulates from Wood Products Finishing Plants
2D.0513--Control of Particulates from Portland Cement Plants
2D.0514--Control of Particulates from Ferrous Jobbing Foundries
2D.0515--Particulates from Miscellaneous Industrial Processes
2D.0516--Sulfur Dioxide Emissions from Fuel-Burning Installations
2D.0517--Emissions from Plants Producing Sulfuric Acid (Except revision
to paragraph 2)
2D.0519--Control of Nitrogen Dioxide Emissions
2D.0520--Control and Prohibition of Open Burning
2D.0521--Control of Visible Emissions
2D.0527--Emissions from Spodumene Ore Roasting (Except revision to
paragraph 2)
2D.0530--Prevention of Significant Deterioration
2D.0531--Sources in Nonattainment Areas
2D.0532--Sources Contributing to an Ambient Violation
2D.0901--Definitions (Volatile Organic Compounds)
2D.0903--Recordkeeping, Reporting, Monitoring (Volatile Organic
Compounds)
2D.0905--Petition for Alternative Controls
2D.0906--Circumvention
2D.0907--Equipment Installation Compliance Schedules
2D.0908--Equipment Modification Compliance Schedules
2D.0909--Low Solvent Content Coating Compliance Schedules
2D.0910--Alternate Compliance Schedules
2D.0912--General Provisions on Test Methods and Procedures
2D.0913--Determination of Volatile Content of Surface Coating
2D.0914--Determination of VOC Emission Control System Efficiency
2D.0915--Determination of Solvent Metal Cleaning VOC Emissions
2D.0916--Determination of VOC Emissions from Bulk Gasoline Terminals
2D.0918--Can Coating
2D.0919--Coil Coating
2D.0920--Paper Coating
2D.0921--Fabric and Vinyl Coating
2D.0922--Metal Furniture Coating
2D.0923--Surface Coating of Large Appliances
2D.0924--Magnet Wire Coating
2D.0925--Petroleum Liquid Storage In Fixed Roof Tanks
2D.0926--Bulk Gasoline Plants
2D.0927--Bulk Gasoline Terminals
2D.0928--Gasoline Service Stations Stage I
2D.0929--Petroleum Refinery Sources
2D.0930--Solvent Metal Cleaning
2D.0931--Cutback Asphalt
2D.0932--Gasoline Truck Tanks and Vapor Collection Systems
2D.0933--Petroleum Liquid Storage In External Floating Roof Tanks
2D.0934--Coating of Miscellaneous Metal Parts and Products
2D.0935--Factory Surface Coating of Flat Wood Paneling
2D.0936--Graphic Arts
2D.0937--Manufacture of Pneumatic Rubber Tires
2D.0938--Perchloroethylene Dry Cleaning System
2D.0939--Determination of Volatile Organic Compound Emissions
2D.0940--Determination of Leak Tightness and Vapor Leaks
2H.0601--Purpose and Scope (Permits)
2H.0604--Final Action on Permit Applications
2H.0605--Issuance, Revocation and Enforcement of Permits
    (ii) Additional material.
    (A) Regulation 2D.0609 (Monitoring Condition in Permit) was repealed
by the Environmental Management Commission on November 8, 1984.
    (48) Revision to the North Carolina Administrative Code (15 NCAC)
which was submitted to EPA on February 25, 1986.
    (i) Incorporation by reference.
    (A) Letter of February 25, 1986, from the North Carolina Division of
Environmental Management and the amendment to regulation 2D.0917
(Automobiles and Light-Duty Truck Manufacturing) which was adopted by
the North Carolina Environmental Management Commission on February 13,
1986.
    (ii) Additional material--none.
    (49) Revision to 15 NCAC 2D.0518 which was submitted by the North
Carolina Division of Environmental Management on January 24, 1983.
    (i) Incorporation by reference.
    (A) Letter of January 24, 1983 to EPA from the North Carolina
Department of Natural Resources and Community Development, and
amendments to North Carolina Administrative Code regulation 2D.0518
(Miscellaneous Volatile Organic Compound Emissions) adopted by the
Environmental Management Commission on December 9, 1982, which allow
alternative control strategies.
    (ii) Additional material--none.
[[Page 317]]
    (50) Stack Height regulations were submitted to EPA on September 24,
1982, April 17, 1984, and February 25, 1986, by the North Carolina
Department of Natural Resources and Community Development.
    (i) Incorporation by reference. (A) Regulations 15NCAC 2D.0533
(Stack Height) adopted on September 9, 1982 and Regulations 15NCAC
2H.0603 (Applications) adopted on February 13, 1986 and April 12, 1984,
by the Environmental Management Commission.
    (ii) Other material--none.
    (51) Revisions to the North Carolina State Implementation Plan were
submitted by the State of North Carolina Division of Environmental
Management on June 12, 1986.
    (i) Incorporation by reference.
    (A) A new regulation entitled Control of Conical Incinerators, 15
NCAC 2D.0523, which became effective on January 1, 1985.
    (B) A letter dated July 7, 1987, from the State of North Carolina
Division of Environmental Management clarifying the adoption and
effective dates of 15 NCAC 2D.0523.
    (ii) Other material--none.
    (52) Minor revisions to Title 15 of the North Carolina
Administrative Code (15 NCAC) were submitted to EPA on February 25,
1986.
    (i) Incorporation by reference.
    (A) Letter of February 25, 1986 from the State of North Carolina to
EPA, and Amendments in the following regulations which were adopted by
the North Carolina Environmental Management Commission on February 13,
1986:
2D.0501  Compliance with Emission Control Standards
2D.0508  Control of Particulates from Pulp and Paper Mills
2D.0509  Particulates from Mica and Feldspar Processing Plants
2D.0514  Control of Particulates from Ferrous Jobbing Foundries
2D.0535  Malfunctions, Startup and Shutdown
2D.0916  Determination: VOC Emissions from Bulk Gasoline Terminals
    (ii) Other material--none.
    (53) Revisions to 15 NCAC, regulation 2D.0501 were submitted to EPA
on October 14, 1986.
    (i) Incorporation by reference.
    (A) Letter of October 14, 1986, from the North Carolina Department
of Natural Resources and Community Development, and revisions to 15
NCAC, regulation 2D.0501 which were adopted by the Environmental
Management Commission on September 11, 1986.
    (ii) Additional material--none.
    (54) Revisions to the visible emission regulations of Title 15 of
the North Carolina Administrative Code (15 NCAC) were submitted February
11, 1987.
    (i) Incorporation by reference.
    (A) Letter to EPA dated February 11, 1987 and amendments to the
following North Carolina Administrative Code regulations:
15 NCAC 2D.0501(c)(8), Compliance with Emission Control Standards;
15 NCAC 2D.0508(b), Control of Emissions from Pulp and Paper Mills; and
15 NCAC 2D.0521 (c), (d), and (f), Control of Visible Emissions, which
became effective on August 1, 1987.
    (ii) Additional material--none.
    (55) A revised regulation limiting emissions from electric utility
boilers was submitted on January 24, 1983, and February 21, 1983, and
amended by submittals dated December 17, 1985, and June 19, 1987, by the
North Carolina Department of Natural Resources and Community
Development. Only the following portions of this regulation are
approved:
    (i) Incorporation by reference.
    (A) Only those portions of a new regulation, 15 NCAC 2D.0536,
entitled ``Emissions from Electric Utility Boilers,'' which were
approved by the Environmental Protection Agency on April 5, 1988.
    (ii) Other material--none.
    (56) Revisions to miscellaneous regulations of Title 15 of the North
Carolina Administrative Code (15 NCAC) were submitted April 14, 1987.
    (i) Incorporation by reference.
    (A) Amendments to the following regulations (15 NCAC) were adopted
by the North Carolina Environmental Management Commission on April 9,
1987:
2D.0103--Copies of Referenced Federal Regulations, paragraph (a)(2).
2D.0501--Compliance with Emission Control Standards, paragraph (c)(4).
[[Page 318]]
2D.0505--Control of Particulates from Incinerators, paragraph (b).
2D.0533--Stack Height, paragraph (a)(7).
2H.0607--Copies of Referenced Documents, (a) introductory text and
paragraph (a)(2).
    (B) Letter of April 14, 1987, to EPA from the State of North
Carolina Department of Natural Resources and Community Development.
    (ii) Other material--none.
    (57) Revisions to 15 NCAC 2D.0501(c)(4) were submitted by the North
Carolina Department of Natural Resources and Community Development on
December 15, 1987.
    (i) Incorporation by reference.
    (A) Letter of December 15, 1987, to the Environmental Protection
Agency from the North Carolina Department of Natural Resources and
Community Development and revised paragraph (c)(4) of 15 NCAC 2D.0501,
adopted by the North Carolina Environmental Management Commission on
December 10, 1987.
    (ii) Additional material--none.
    (58) North Carolina plan for visibility impairment prevention for
federal Class I areas, Part 2, submitted to EPA on December 15, 1987, by
the North Carolina Division of Environmental Management (NCDEM) to
satisfy the Part 2 visibility requirements including the State's long-
term strategy and provisions to satisfy the periodic review
requirements.
    (i) Incorporation by reference.
    (A) December 15, 1987, letter from the North Carolina Division of
Environmental Management.
    (B) That portion of page II-7 of the North Carolina plan for
visibility impairment prevention for federal Class I areas Part 2
containing the periodic review requirements satisfying 40 CFR 51.306(c),
adopted by the North Carolina Division of Environmental Management on
December 10, 1987.
    (ii) Additional material.
    (A) Narrative SIP titled ``The North Carolina Plan for Visibility
Impairment Prevention for Federal Class I Areas Part 2.''
    (59) [Reserved]
    (60) Revisions to 15 NCAC 2D.0103, Copies of Referenced Federal
Regulations; 2D.0304, Preplanned Abatement Program; 2D.0604, Sources
Covered by Implementation Plan Requirements; 2D.0606, Other Coal or
Residual Oil Burners; 2D.0608, Program Schedule; and 2H.0607, Copies of
Referenced Documents, were submitted by the North Carolina Department of
Natural Resources and Community Development on May 2, 1988.
    (i) Incorporation by reference.
    (A) Letter of May 2, 1988 from the North Carolina Department of
Natural Resources and Community Development and revised regulations 15
NCAC 2D.0103(a)(6), 2D.0304(a), 2D.0604(b), 2D.0606(a)(4)(E),
2D.0608(b), and 2H.0607(a)(6), adopted by the North Carolina
Environmental Management Commission on April 14, 1988.
    (ii) Additional material--none.
    (61) Revisions to the SIP including PM<INF>10</INF> revisions
submitted on May 2, 1988, and July 14, 1989 by the North Carolina
Department of National Resources and Community Development.
    (i) Incorporation by reference. (A) July 1, 1988 revisions to North
Carolina Administration Code Regulation No.:
2D.0101--Definitions, (18) and (25)-(33)
2D.0302--Episode criteria, (2)(g), (3)(g), (4) (f) and (g)
2D.0403--Total suspended particulates
2D.0409--Particulate matter
2D.0501--Compliance with emission control standards, (c)(16)
2D.0913--Determination of volatile content of surface coatings
2D.0916--Determination of VOC emissions from bulk gasoline terminals
2D.0939--Determination of volatile organic compound emissions
2D.0940--Determination of leak tightness and vapor leaks
2D.0601--Purpose and scope
2D.0603--Applications, (f) (5) and (6)
    (B) October 1, 1989 State-effective revisions to North Carolina
Administration Code No.:
2D.0104--Adoption by Reference Updates
2D.0530--Prevention of Significant Deterioration, (h)
2D.0531--Sources in Non-Attainment Areas, (d)
2D.0532--Sources Contributing to an Ambient Violation, (d)
    (ii) Additional material. (A) May 2, 1988 letter from North Carolina
Department of Natural Resources and Community Development.
[[Page 319]]
    (B) July 14, 1989 letter from North Carolina Department of Natural
Resources and Community Development
    (62) Permits for Liggett & Myers and Burlington Industries which
were submitted as State Implementation Plant revisions on April 2, 1986,
and resubmitted on October 24, 1989.
    (i) Incorporation by reference.
    (A) Permit No. 2533R11 for Liggett & Myers Tobacco Company issued on
May 22, 1989.
    (B) Permit No. 4119R5 for Burlington Industries issued on March 3,
1987.
    (ii) Additional material--none.
    (63) Miscellaneous revisions to the North Carolina State
Implementation Plan which were submitted on July 14, 1989.
    (i) Incorporation by reference.
    (A) Revisions to North Carolina Administrative Code which became
State effective on October 1, 1989 are as follows:
2D.0401, Purpose, as amended
2D.0404, Carbon Monoxide, as amended
2D.0407, Nitrogen Dioxide, as amended
2D.0501, Compliance with Emission Control Standards, (c)(3)
2D.0511, Particulates from Lightweight Aggregate Processes, (d)
2D.0516, Sulfur Dioxide Emissions from Combustion Sources, (a)
2D.0519, Control of Nitrogen Dioxide and Nitrogen Oxides Emissions, as
amended
2H.0601, Purpose and Scope, (a), (c), and (d)
2H.0603, Applications, (d) and (e)
2H.0606, Delegation of Authority, as amended
    (ii) Additional material.
    (A) Letter of July 14, 1989 submitting the SIP revisions.
    (64) Revisions to the North Carolina State Implementation Plan which
were submitted on July 15, 1987 and May 25, 1988.
    (i) Incorporation by reference.
    (A) Revisions to North Carolina Administrative Code effective as of
July 1, 1988, are as follows:
2D.0530, Prevention Of Significant Deterioration, except (h).
2D.0531, Sources In Nonattainment Areas, except (d).
2D.0532, Sources Contributing To An Ambient Violation, except (d).
    (ii) Additional information--none.
    (65) Revisions to the North Carolina SIP which include the Forsyth
County, Western North Carolina and Mecklenburg County regulations which
were submitted on June 14, 1990.
    (i) Incorporation by reference.
    (A) The entire set of Forsyth County Air Quality Control Code
regulations effective December 19, 1988, except for section 3-152(2), 3-
155, 3-158, 3-159, 3-160 and 3-169.
    (B) The entire set of Western North Carolina regulations effective
March 13, 1985 and November 9, 1988, except for Sections 1-137(g), 1-
139, 1-144, 1-152(2), 1-158 and 1-159.
    (C) The entire set of Mecklenburg County regulations effective April
3, 1989, except for Sections 2.0517(2), 2.0524, 2.0525, 2.0528, 2.0529,
2.0534, 2.0537.
    (ii) Additional material--none.
    (66) The maintenance plan and emission inventory for Greensboro/
Winston-Salem/Highpoint Area which includes Davidson County, Davis
County (part) the area bounded by the Yadkin River, Dutchmans Creek,
North Carolina Highway 801, Fulton Creek, and back to the Yadkin River,
Forsyth County and Guilford County, submitted by the North Carolina
Department of Environment, Health, and Natural Resources on November 13,
1992, and June 1, 1993, as part of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Supplement to the Redesignation Demonstration and Maintenance
Plan For Raleigh/Durham and Greensboro/Winston-Salem/High Point Ozone
Attainment Areas submitted June 1, 1993, and Prepared by the North
Carolina Department of Environment, Health, and Natural Resources,
Division of Environmental Management, Air Quality Section. The effective
date is July 8, 1993.
    (1) Section 2-- Discussion of Attainment.
    (2) Section 3--Maintenance Plan.
    (3) Greensboro/Winston-Salem/High Point Nonattainment Area Emission
Summary for 1990.
    (4) Greensboro/Winston-Salem/High Point Nonattainment Area Emission
Summary for 1993.
    (5) Greensboro/Winston-Salem/High Point Nonattainment Area Emission
Summary for 1996.
    (6) Greensboro/Winston-Salem/High Point Nonattainment Area Emission
Summary for 1999.
[[Page 320]]
    (7) Greensboro/Winston-Salem/High Point Nonattainment Area Emission
Summary for 2002.
    (8) Greensboro/Winston-Salem/High Point Nonattainment Area Emission
Summary for 2004.
    (ii) Other material. None
    (67) The maintenance plan and emission inventory for the Raleigh/
Durham Area which includes Durham County, Wake County, and the
Dutchville Township portion of Granville County submitted by the North
Carolina Department of Environment, Health, and Natural Resources on
November 13, 1992, and June 1, 1993, as part of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Supplement to the Redesignation Demonstration and Maintenance
Plan for the Greensboro/Winston-Salem/High Point and Raleigh/Durham
Ozone Attainment Areas submitted June 1, 1993, and Prepared by the North
Carolina Department of Environment, Health, and Natural Resources,
Division of Environmental Management, Air Quality Section. The effective
date is July 8, 1993.
    (1) Section 2--Discussion of Attainment.
    (2) Section 3--Maintenance Plan.
    (3) Raleigh/Durham Nonattainment Area Emission Summary for 1990.
    (4) Raleigh/Durham Nonattainment Area Emission Summary for 1993.
    (5) Raleigh/Durham Nonattainment Area Emission Summary for 1996.
    (6) Raleigh/Durham Nonattainment Area Emission Summary for 1999.
    (7) Raleigh/Durham Nonattainment Area Emission Summary for 2002.
    (8) Raleigh/Durham Nonattainment Area Emission Summary for 2004.
    (ii) Other material. None.
    (68) The North Carolina Department of Environmental Management
submitted an Oxygenated Fuel program as part of North Carolina carbon
monoxide SIP on November 20, 1992.
    (i) Incorporation by reference.
    (A) The North Carolina Environmental Commission regulations 15A NCAC
2D.1301 through .1305 effective September 1, 1992.
    (B) The North Carolina Gasoline and Oil Board section .0800 through
.0806 effective September 1, 1992.
    (ii) Other material. None.
    (69) Revisions to the VOC portion of the North Carolina SIP to
correct deficiencies submitted on September 21, 1989, January 14, 1991,
and April 29, 1991, and July 19, 1993, revisions to VOC regulations of
the Mecklenburg County Department of Environmental Protection submitted
on August 13, 1991.
    (i) Incorporation by reference.
    (A) Amendments to the North Carolina regulations 15 NCAC 2D.0101,
.0531, .0901 except (12) and (28), .0913(b), .0917 except (d), .0918
except (d), .0919 except (d), .0920 except (e), .0921 except (d), .0922
except (d), .0923 except (e), .0924 except (d), .0925 except (d)(1),
.0926 except (g), .0927, .0928 except (e), .0929 except (d), .0930
except (e)(3) and (f)(2), .0931, .0932, .0933 except (f), .0934 except
(e), .0935, .0936, .0937, .0938, .0941, and 2H.0603 effective December
1, 1989.
    (B) Amendments to the North Carolina regulations 15 NCAC 2D.0901
(28), .0902(c), .0913(a), .0925(d)(1), .0926(g), .0928(e), .0929(d),
.0930 (e)(3) and (f)(2), .0933(f), .0943 (a) (8) and (10) which were
effective March 1, 1991.
    (C) Amendments to the North Carolina regulations 15 NCAC
2D.0901(12), .0917(d), .0918(d), .0919(d), .0920(e), .0921(d), .0922(d),
.0923(e), .0924(d), and .0934(e) effective on July 1, 1991.
    (D) Amendments to the North Carolina regulations 15 NCAC 2D.0903 and
2D.0912 effective on July 1, 1993.
    (E) Amendments to the Mecklenburg County Department of Environmental
Protection regulations 2.0901, 2.0902, 2.0913, 2.0925, 2.0926, 2.0928,
2.0929, 2.0930, 2.0933, 2.0934, 2.0943, 2.0944 effective March 1, 1991.
    (F) Amendments to the Mecklenburg County Department of Environmental
Protection regulations 2.0903, 2.0912 effective July 1, 1991.
    (ii) Other material. None.
    (70) The minor source operating permit program for Mecklenburg
County, North Carolina, submitted by the Mecklenburg County Department
of Environmental Protection on November 24, 1993, and as part of the
Mecklenburg County portion of the North Carolina SIP.
    (i) Incorporation by reference.
    MCAPCO Regulations 1.5211 through 1.5214, 1.5216, 1.5219, 1.5221,
1.5222, 1.5232, 1.5234, and 1.5306 of the Mecklenburg
[[Page 321]]
County portion of the North Carolina SIP adopted June 6, 1994.
    (ii) Other material. None.
    (71) The PSD NOx increment regulations and other miscellaneous
revisions to the North Carolina State Implementation Plan which were
submitted on March 3, 1993.
    (i) Incorporation by reference.
    (A) North Carolina regulations 15 NCAC 2D.0103, 2D.0104, 2D.0401,
2D.0521, 2D.0530, 2D.0531, 2D.0532, 2H.0603, 2H.0607, and 2H.0609
effective on December 1, 1992.
    (ii) Other material. None.
    (72) The NSR regulations to the North Carolina State Implementation
Plan which were submitted on January 7, 1994.
    (i) Incorporation by reference.
    (A) North Carolina regulations 15A NCAC 2D.0531, and 2D.0532
effective on December 1, 1993.
    (ii) Other material.
    (A) Letter of January 7, 1993, from the North Carolina Division of
Environmental Management.
    (73) Revisions to the State of North Carolina State Implementation
Plan (SIP) concerning emission statements were submitted on August 15,
1994, by the North Carolina Department of Environment, Health and
Natural Resources.
    (i) Incorporation by reference.
    Revisions to North Carolina Regulation 15A NCAC 2Q .0207, effective
July 1, 1994.
    (ii) Other material. None.
    (74) The minor source operating permit programs for the State of
North Carolina, Western North Carolina Regional Air Pollution Control
Board, and Forsyth County Department of Environmental Affairs submitted
by the North Carolina Department of Environment, Health, and Natural
Resources on May 31, 1994, June 1, 1994, and September 15, 1994, as part
of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2Q.0103, 15A NCAC 2Q.0301, 15A NCAC 2Q.0303
through 15A NCAC 2Q.0311 of the North Carolina SIP as adopted by the
North Carolina Environmental Management Commission on May 12, 1994 and
which became effective on July 1, 1994.
    (B) Regulations 15A NCAC 2Q.0103, 15A NCAC 2Q.0301, 15A NCAC 2Q.0303
through 15A NCAC 2Q.0311 of the North Carolina SIP as adopted by
reference by the Western North Carolina Regional Air Pollution Control
Board (WNCRAPCB) on September 12, 1994 and which were made effective
September 12, 1994.
    (C) Regulations Subchapter 3Q.0103, Subchapter 3Q.0301, Subchapter
3Q.0303 through Subchapter 3Q.0311 of the Forsyth County portion of the
North Carolina SIP as adopted and made effective by the Forsyth County
Board of Commissioners on May 23, 1994.
    (ii) Other material. None.
    (75) The redesignation and maintenance plan for Winston-Salem/
Forsyth County submitted by the North Carolina Department of
Environmental Management on April 27, 1994, as part of the North
Carolina SIP. The emission inventory projections are included in the
maintenance plan.
    (i) Incorporation by reference.
    (A) Maintenance Plan for the Forsyth County Carbon Monoxide
Nonattainment Area adopted on April 14, 1994.
    (ii) Other material. None.
    (76) The North Carolina Department of Environment, Health and
Natural Resources submitted revisions to the North Carolina State
Implementation Plan on November 2, 1989. These revisions incorporate
SO<INF>2</INF> limits and permit conditions for Texasgulf, Incorporated.
    (i) Incorporation by reference.
    (A) Permit for Texasgulf, Incorporated (air permit no. 2331R10)
which was issued by the Environmental Management Commission on October
13, 1989.
    (ii) Additional material-none.
    (77) Revisions to the VOC RACT regulations, and other miscellaneous
revisions to the North Carolina State Implementation Plan which were
submitted on January 7, 1994.
    (i) Incorporation by reference.
    (A) Amendments to North Carolina regulations 15A NCAC 2D .0518,
2D.0531, 2D.0532, 2D.0901, and 2D.0936, effective on December 1, 1993.
    (B) Amendments to North Carolina regulations 15A NCAC 2D.0902,
2D.0907, 2D.0910, 2D.0911, 2D.0947, 2D.0948,
[[Page 322]]
2D.0949, 2D.0950, 2D.0951, and 2D.0952 effective on July 1, 1994.
    (ii) Other material. None.
    (78) Miscellaneous revisions to the North Carolina State
Implementation Plan which were submitted on May 15, 1991.
    (i) Incorporation by reference. (A) Amendments to North Carolina
regulations 15A NCAC 2D.0103, 2D.0503, 2D.0530, 2D.0536, 2H.0601, and
2H.0607, of the North Carolina State Implementation Plan submitted on
May 15, 1991, which were state effective on August 1, 1991.
    (ii) Other material. None
    (79) The North Carolina Department of Environment, Health and
Natural Resources has submitted revisions to the North Carolina SIP on
July 19, 1993. These revisions address the requirements of section 507
of title V of the CAA and establish the Small Business Stationary Source
Technical and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) North Carolina's Small Business Stationary Source Technical and
Environmental Compliance Assistance Program which was adopted on May 12,
1994.
    (ii) Other material. None.
    (80) Modifications to the existing basic I/M program in North
Carolina submitted on July 19, 1993, January 17, 1992, and September 24,
1992. Addition of regulations .1001 through .1005 establishes the I/M
program.
    (i) Incorporation by reference.
    (A) Regulation .1001 and .1003, effective on December 1, 1982.
    (B) Regulation .1002 effective on July 1, 1994.
    (C) Regulation .1004 effective on July 1, 1993.
    (D) Regulation .1005 effective on April 1, 1991.
    (E) Specification for the North Carolina Analyzer System adopted
December 12, 1991.
    (ii) Other material. None.
    (81) The VOC revision to the North Carolina State Implementation
Plan which were submitted on October 14, 1994.
    (i) Incorporation by reference. Addition of new North Carolina
regulations 15A NCAC 2D .0518 which was state effective on September 1,
1994.
    (ii) Other material. None.
    (82) The redesignation and maintenance plan for Raleigh/Durham and
Charlotte submitted by the North Carolina Department of Environmental
Management on October 7, 1994 and August 9, 1991, as part of the North
Carolina SIP. The emission inventory projections are included in the
maintenance plans.
    (i) Incorporation by reference. Section 3 of the Redesignation
Demonstration and Maintenance Plan for Raleigh/Durham, Winston-Salem,
and Charlotte Carbon Monoxide Nonattainment Area adopted on September 8,
1994.
    (ii) Other material. None.
    (83) The maintenance plan and redesignation request for the
Charlotte-Gastonia area which include Mecklenburg and Gaston Counties
submitted by the State of North Carolina on November 12, 1993.
    (i) Incorporation by reference.
    (A) The following subsections of Section 3.0, entitled Maintenance
Plan, in the Supplement To The Redesignation Demonstration and
Maintenance Plan for the Charlotte/Gaston Ozone Nonattainment Area
adopted by the North Carolina Environmental Management Commission on May
11, 1995: 3.1 Concept of North Carolina's Maintenance Plan; 3.2
Foundation Control Program; Table 3.2 of Subsection 3.3; and 3.4
Contingency Plan.
    (ii) Other material. None.
    (84) The VOC RACT regulations, NSR regulations, and other
miscellaneous revisions to the North Carolina State Implementation Plan
which were submitted on August 15, 1994.
    (i) Incorporation by reference.
    (A) Addition of new North Carolina regulations 15A NCAC 2D .0805 and
.0806 and 15A NCAC 2Q .0101 through .0111, and .0601 through .0607.
effective on July 1, 1994.
    (B) Amendments to North Carolina regulations 15A NCAC 2D .0101,
.0501, .0503, .0530, .0531, .0532, .0533, .0601, .0801, .0802, .0803,
and .0804 effective on July 1, 1994.
    (ii) Other material. None.
    (85) The VOC revisions to the North Carolina State Implementation
Plan
[[Page 323]]
which were submitted on March 3, 1995, and on May 24, 1995.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2D .0955, .0956, and .0957 effective on
April 1, 1995.
    (B) Regulations 15A NCAC 2D .0950, and .0104 effective on May 1,
1995.
    (ii) Other material. None.
    (86) The PM-10 rules, Stack Testing Methods and other miscellaneous
revisions to the North Carolina State Implementation Plan which were
submitted on March 23, 1995.
    (i) Incorporation by reference. Addition of new North Carolina rules
15A NCAC 2D .0501, .0516, and .0530 which were state effective on
February 1, 1995.
    (ii) Other material. None.
    (87) Recodifications to the Forsyth County Air Quality Control
Ordinance and Technical Code and other miscellaneous revisions to the
North Carolina State Implementation Plan which were submitted on March
7, 1995.
    (i) Incorporation by reference.
    Forsyth County Air Quality Control Ordinance and Technical Code
effective on December 19, 1994. Subchapter 3A, Air Quality Control;
Subchapter 3B, Relationship to State Code; Subchapter 3D, Air Pollution
Control Requirements; Subchapter 3H, Section .0600 Air Quality Permits;
and Subchapter 3Q, Air Quality Permits.
    (ii) Other material. None.
    (88) The VOC RACT regulations, NSR regulations, and other
miscellaneous revisions to the North Carolina State Implementation Plan
which were submitted on August 15, 1994. The Stage II regulations and
other miscellaneous revisions to the North Carolina State Implementation
Plan which were submitted on May 24, 1995.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2D .0531, .0909, .0928, .0932, .0933, and
.0953 effective on July 1, 1994.
    (B) Regulations 15A NCAC 2D .0902, .0907, .0910, .0911, .0952, and
.0954 effective on May 1, 1995.
    (ii) Other material. None.
    (89) Exclusionary rules for the State of North Carolina Department
of Environment, Health, and Natural Resources and the Forsyth County
Department of Environmental Affairs submitted by the North Carolina
Department of Environment, Health, and Natural Resources on August 8,
1995, and December 28, 1995, respectively, as part of the North Carolina
SIP.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2Q.0801 through 15A NCAC 2Q.0807 of the
North Carolina SIP as adopted by the North Carolina Environmental
Management Commission on June 8, 1995, and which became effective on
August 1, 1995.
    (B) Regulations Subchapter 3Q.0801 through Subchapter 3Q.0807 of the
Forsyth County portion of the North Carolina SIP as adopted and made
effective by the Forsyth County Board of Commissioners on November 13,
1995.
    (ii) Other material. None.
    (90) The VOC regulations and other miscellaneous revisions to the
Forsyth County Local Implementation Plan which were submitted on
December 28, 1995, and November 29, 1995.
    (i) Incorporation by reference.
    (A) Amendments to Forsyth County regulations Subchapter 3D .0104(a),
.0531 (e)-(k), .0902 (a)-(h), .0907 (a)-(c), .0909 (a, c, d, e, and g),
.0910 (a)-(d), .0911, .0950 (a and b), .0952 (a)-(c) and .0954 (f, h, k)
adopted into the Air Quality Control Technical Code on November 13,
1995.
    (B) Amendments to Forsyth County regulations Subchapter 3D .0501
(a)-(h), .0516 (a and b), .0518 (a)-(g), and .0530 (a)-(s), adopted into
the Air Quality Control Technical Code on August 14, 1995.
    (C) Subchapter 3D .0955, .0956, and .0957 adopted into the Air
Quality Control Technical Code on August 14, 1995.
    (ii) Other material. None.
    (91) The North Carolina Department of Environment, Health and
Natural Resources submitted revisions to the North Carolina State
Implementation Plan on September 21, 1989. These revisions incorporate
SO2 limits and permit conditions for Cape Industries.
    (i) Incorporation by reference.
    (A) Permit for Cape Industries (air permit no. 130R17) which was
issued by the Environmental Management Commission on December 29, 1994.
    (ii) Additional material--none.
    (92)-(93) [Reserved]
[[Page 324]]
    (94) The miscellaneous revisions to the North Carolina State
Implementation Plan, which were submitted on August 16, 1996.
    (i) Incorporation by reference. Regulations 15A NCAC 2D. 0101
Definitions, .0501 Compliance with Emission Control Standards, .0516
Sulfur Dioxide Emissions Combustion Sources, .0518 Miscellaneous
Volatile Organic Compounds Emissions, .0519 Control of Nitrogen Dioxide
and Nitrogen Oxides Emissions, .0520 Control and Prohibition of Open
Burning, .0521 Control of Visible Emissions, .0531 sources in
Nonattainment Areas, .0535 Excess Emissions Reporting and Malfunctions,
.0601 Purpose and Scope, .0604 Sources Covered by Implementation Plan
Requirements, .0608 Program Schedule, .0804 Airport Facilities, .0805
Parking Facilities, .0901 Definitions, .0902 Applicability, .0917
Automobile and Light-Duty Truck Manufacturing, .0918 Can Coating, .0919
Coil Coating, .0920 Paper Coating, .0921 Fabric and Vinyl Coating, .0922
Metal Furniture Coating, .0923 Surface Coating of Large Appliances,
.0924 Magnet Wire Coating, .0926 Bulk Gasoline Plants, .0927 Bulk
Gasoline Terminals, .0928 Gasoline Service Stations Stage 1, .0929
Petroleum Refinery Sources, .0934 Coating of miscellaneous Metal Parts
and Products, .0935 Factory Surface Coating of Flat Wood Paneling, .0937
Manufacture of Pneumatic Rubber Tires, .0951 Miscellaneous Volatile
Organic Compound Emissions, .0953 Vapor Return Piping for Stage II Vapor
Recovery, .0954 Stage II Vapor Recovery, .1901, Purpose, Scope, and
Impermissible Open Burning, .1902 Definitions, .1903 Permissible Open
Burning Without a Permit, .1904 Air Curtain Burners. 15A NCAC 2Q .0103
Definitions, .0109 Compliance Schedule for Previously Exempted
Activities, .0207 Annual Emissions Reporting, and .0311 permitting of
Facilities at Multiple Temporary Sites effective on July 1, 1996.
    (ii) Other material. None.
    (95) [Reserved]
    (96) The miscellaneous revisions to the North Carolina State
Implementation Plan, which were submitted on October 10, 1997.
    (i) Incorporation by reference.
                   Subchapter 31A--Air Quality Control
    .0110 CFR Dates and .0112 ASTM Dates effective on July 28, 1997.
            Subchapter 3D--Air Pollution Control Requirements
    .0501(g); Compliance With Emission Control Standards .0512
Particulate From Wood Products Finishing Plants, .0518(e) and (g);
Miscellaneous Volatile Organic Compound Emissions, .0530(a), (1), (o),
and (s); Prevention of Significant Deterioration, .0902(a) through (i);
Applicability, .0907 Compliance Schedules for Sources in Nonattainment
Areas, .0909(a) through (c), (g) and (h); Compliance Schedules for
Sources in New Nonattainment Areas, .0910 Alternative Compliance
Schedules, .0911 Exception From Compliance Schedules, .0954(a) and (f)
Stage II Vapor Recovery, and .1903(b)(2)(E); Permissible Open Burning
effective on July 28, 1997.
                   Subchapter 3Q--Air Quality Permits
    .0102(a) through (e); Activities Exempt From Permit Requirements,
.0104(b); Where to Obtain and File Permit Applications, .0107(b);
Confidential Information, .0307(i); Public Participation Procedures,
.0312(a)(1)(C); Application Processing Schedule, .0603(e);
Transportation Facility Procedures .803(f)(2) (A) through (C) Coating,
Solvent Cleaning, and Graphic Arts Operations effective on July 28,
1997.
    (ii) Other material. None.
    (97) The miscellaneous revisions to the Forsyth County Local
Implementation Plan, which were submitted on January 17, 1997 and
November 6, 1998.
    (i) Incorporation by reference.
    (A) 3D .0104 Incorporation By Reference 3D .0531; Sources In
Nonattainment Areas; 3D .0907, Compliance Schedules for Sources in
Nonattainment Areas; 3D .0909, Compliance Schedules for Sources in New
Nonattainment Areas; 3D .0910 Alternative Compliance Schedules; 3D .0911
Exception From Compliance Schedules; 3D .0950 Interim Standards for
Certain Source Categories; 3D .0952 Petition For Alternative Controls;
3D .0954 Stage II Vapor Recovery and 3Q Section .0800 Exclusionary Rules
effective on November 13, 1995.
    (B) 3A .0106 Penalties for Violation of Chapter; 3A .0110 CFR Dates;
and 3A .0112 ASTM Dates; 3D.0101 Definitions; 3D .0506, Particulates
from Hot Mix Asphalt Plants; 3D .0507, Particulates From Chemical
Fertilizer Manufacturing Plants; 3D .0508 Particulates From Pulp and
Paper Mills; 3D .0509
[[Page 325]]
Particulates From Mica or Feldspar Processing Plants; 3D .0510
Particulates from Sand, Gravel, or Crushed Stone Operations and 3D .0511
Particulates from Lightweight Aggregate Processes 3D .0515 Particulates
From Miscellaneous Industrial Processes; 3D .0521, Control of Visible
Emissions; 3D .0535, Excess Emissions Reporting and Malfunctions; 3D
.0914 Determination of VOC Emission Control System Efficiency; 3D .0927
Bulk Gasoline Terminals; 3D .0938 Perchloroethylene Dry Cleaning System
(Repealed); 3D .0953 Vapor Return Piping for Stage II Vapor Recovery 3Q
.0101 Required Air Quality Permits; 3Q .0102 Activities Exempted From
Permit Requirements; 3Q . 0103 Definitions; 3Q .0207 Annual Emissions
Reporting; 3Q .0301 Applicability; 3Q .0302 Facilities not Likely to
Contravene Demonstration; 3Q .0306 Permits Requiring Public
Participation; 3Q .0312 Application Processing Schedule; 3Q .0607
Application Processing Schedule; 3Q .0805 Grain Elevators; 3Q .0806
Cotton Gin; and 3Q .0807 Emergency Generators effective on September 14,
1998.
    (ii) Other material. None.
[37 FR 10884, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1783, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
                        Subpart JJ--North Dakota
Sec. 52.1820  Identification of plan.
    (a) Title of plan: ``Implementation Plan for the Control of Air
Pollution for the State of North Dakota.''
    (b) The plan was officially submitted on January 24, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Air quality maintenance area designation submitted June 26,
1974, by the Governor.
    (2) Compliance schedules submitted on June 14, 1973, by the
Governor.
    (3) Provision for public notice and comment on new source reviews
and a revised compliance schedule submitted on February 19, 1974, by the
Governor.
    (4) Clarification concerning the revision of the secondary
particulate standard attainment date submitted on November 21, 1974, by
the Governor.
    (5) Explanation of why sources could not comply by the original
attainment date submitted April 23, 1975, by the State Department of
Health.
    (6) Revisions to the North Dakota Century Code making emission data
public information and revising penalties, revised new source
performance standards, emission standards for hazardous air pollutants,
and prevention of significant air quality deterioration regulations
submitted on May 26, 1976, by the Governor.
    (7) Supplemental information stating that the complete new source
application would be available for public review submitted August 23,
1976 by the State Department of Health.
    (8) A revised compliance schedule for the Basin Electric Power Plant
at Velva submitted on December 22, 1976, by the Governor.
    (9) Requirements for continuous opacity monitoring by 7 sources
submitted on May 26, 1977, by the Governor.
    (10) Provisions to meet the requirements of Part C, Title I, and
section 110 of the Clean Air Act, as amended in 1977, were submitted on
July 17, 1978.
    (11) On January 25, 1980, the Governor submitted a plan revision to
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart
C, Sec. 58.20, and Public Notification required under section 127 of the
Clean Air Act.
    (12) A revision requiring flares to meet 20% opacity and have
automatic ignitors or pilots, increasing construction permit fees to
$75.00 and establishing annual permit to operate fees was submitted on
May 6, 1982 by the Governor.
    (13) [Reserved]
    (14) Revisions to the Prevention of Significant Deterioration
requirements in Chapter 33-15-15 of the North Dakota regulations were
submitted on October 28, 1982 by the Governor, with supplemental
information submitted on July 5, 1983, March 8, 1984 and June 20, 1984,
by the State Agency.
    (15) A revision to the SIP was submitted by the Governor on January
26, 1988, for visibility monitoring and New Source Review.
    (i) Incorporation by reference.
[[Page 326]]
    (A) In a letter dated January 26, 1988, Governor George A. Sinner
submitted a SIP revision for visibility protection.
    (B) The SIP revision for visibility protection, ``Chapter 6, Air
Quality Surveillance, Section 6.10, Visibility Monitoring'' and
``Chapter 33-15-19, Visibility Protection'', became effective on October
1, 1987, through action by the North Dakota Legislative Council.
    (16) On January 26, 1988, the Governor submitted a plan adding Stack
Height Regulations, Chapter 33-15-18.
    (i) Incorporation by reference.
    (A) Addition to North Dakota Air Pollution Control Rules Chapter 33-
15-18, Stack Heights, was adopted on July 21, 1987 and effective on
October 1, 1987.
    (17) In a letter dated April 18, 1986, the Director of the Division
of Environmental Engineering, North Dakota Department of Health,
submitted the stack height demonstration analysis with supplemental
information submitted on July 21, 1987. EPA is approving the
demonstration analysis for all of the stacks.
    (i) Incorporation by reference. (A) Stack height demonstration
analysis submitted by the State on April 18, 1986 and July 21, 1987.
    (18) On January 26, 1988, the Governor of North Dakota submitted
revisions to the plan. The revisions established new regulations and
revised existing regulations and procedures.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of
North Dakota Chapters 33-15-01, 33-15-02, 33-15-03, 33-15-04, 33-15-05,
33-15-07, 33-15-10, 33-15-11, 33-15-14, and 33-15-15, inclusive, and the
addition of a new chapter 33-15-20 which were effective on October 1,
1987.
    (19) On April 18, 1989, the Governor of North Dakota submitted
revisions to the plan. The revisions included updates to existing
regulations and the Group III PM10 plan.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of
North Dakota Chapters, 33-15-01, 33-15-02, 33-15-4, 33-15-07, 33-15-10,
33-15-11, 33-15-14, and 33-15-15, inclusive, which were effective on
January 1, 1989.
    (ii) Additional material.
    (A) August 22, 1989 letter from Dana K. Mount, Director of the
Division of Environmental Engineering, to Doug Skie, EPA.
    (B) August 28, 1989 letter from Dana K. Mount, Director of the
Division of Environmental Engineering, to Laurie Ostrand, EPA.
    (C) September 5, 1989 letter from Terry O'Clair, Assistant Director
of the Division of Environmental Engineering, to Laurie Ostrand, EPA.
    (20) On June 26, 1990, the Governor of North Dakota submitted
revisions to the plan. The revisions include amendments to the
prevention of significant deterioration of air quality (PSD) regulations
to incorporate the nitrogen dioxide (NO<INF>2</INF>) increments and to
make several ``housekeeping'' modifications.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Administrative Code, Chapter 33-
15-15, Prevention of Significant Deterioration of Air Quality, effective
June 1, 1990.
    (ii) Additional material.
    (A) October 22, 1990, letter from Douglas Skie, EPA, to Dana Mount,
Director, Division of Environmental Engineering, North Dakota State
Department of Health and Consolidated Laboratories.
    (B) November 6, 1990 letter from Dana Mount, Director, Division of
Environmental Engineering, North Dakota State Department of Health and
Consolidated Laboratories, to Douglas Skie, EPA.
    (21) On June 26, 1990, the Governor of North Dakota submitted
revisions to the plan for new source performance standards.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of
North Dakota Chapter 33-15-12 which was effective on June 1, 1990.
    (ii) Additional material.
    (A) January 7, 1991, letter from James J. Scherer, EPA, to George A.
Sinner, Governor, State of North Dakota, on the authority for
implementation and enforcement of the New Source Performance Standards
(NSPS) for 40 CFR part 60, subpart QQQ.
    (22) On June 26, 1990, the Governor of North Dakota submitted
revisions to
[[Page 327]]
the plan. The revisions include amendments to the hydrogen sulfide
standard and the format of other ambient standards, and various other
minor changes.
    (i) Incorporation by reference. (A) Revisions to the North Dakota
Administrative Code: General Provisions 33-15-01-04.30, 33-15-01-07.2,
33-15-01-08, 33-15-01-15.2, 33-15-01-17; Ambient Air Quality Standards
33-15-02 Table 1 standards for sulfur dioxide, hydrogen sulfide, carbon
monoxide, ozone, and nitrogen dioxide; Emissions of Particulate Matter
Restricted 33-15-05-02.2e, Table 4; Control of Pesticides 33-15-10-02.5;
Designated Air Contaminant Sources, Permit to Construct, Permit to
Operate 33-15-14-02.4.a and b, 33-15-14-02.5.a, 33-15-14-05.1.b(3);
Control of Emissions from Oil and Gas Well Production Facilities 33-15-
20-01.1, 33-15-20-01.2.l and m, 33-15-20-02.1, 33-15-20-03.1, 2, and 3,
33-15-20-04; effective June 1, 1990.
    (ii) Additional material. Letter dated February 14, 1992, from Dana
K. Mount, Director, Division of Environmental Engineering, to Douglas M.
Skie, EPA. This letter provided the State's commitment to meet all
requirements of the EPA ``Guideline on Air Quality Models (Revised)''
for air quality modeling demonstrations associated with the permitting
of new PSD sources, PSD major modifications, and sources to be located
in nonattainment areas.
    (23) On June 30, 1992, the Governor of North Dakota submitted
revisions to the plan for new source performance standards and national
emission standards for hazardous air pollutants.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules, Chapter 33-15-12,
Standards of Performance for New Stationary Sources, and Chapter 33-15-
13, excluding Section 33-15-13-02, Emission Standards for Hazardous Air
Pollutants, effective June 1, 1992.
    (24) On June 24, 1992, the governor of North Dakota submitted
revisions to the plan. The revisions correct enforceability deficiencies
in the SO<INF>2</INF> regulations.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Administrative Codes, Chapter 33-
15-06, Emissions of Sulfur Compounds Restricted, which became effective
June 1, 1992.
    (25) On November 2, 1992, the Governor of North Dakota submitted a
plan for the establishment and implementation of a Small Business
Assistance Program to be incorporated into the North Dakota State
Implementation Plan as required by section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Executive Order 1992-5, executed May 21, 1992, to establish a
Small Business Compliance Advisory Panel.
    (ii) Additional materials.
    (A) November 2, 1992 letter from the Governor of North Dakota
submitting a Small Business Assistance Program plan to EPA.
    (B) The State of North Dakota plan for the establishment and
implementation of a Small Business Assistance Program, adopted by the
North Dakota State Department of Health and Consolidated Laboratories on
October 23, 1992, effective October 23, 1992.
    (26) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with
letters dated June 26, 1990, June 30, 1992, and April 29, 1994. The
revisions address air pollution control rules regarding general
provisions; emissions of particulate matter and organic compounds; new
source performance standards (NSPS); national emission standards for
hazardous air pollutants (NESHAPs); federally enforceable State
operating permits (FESOPs); prevention of significant deterioration of
air quality; and control of emissions from oil and gas well production
facilities.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows:
Emissions of Particulate Matter Restricted 33-15-05-02, 33-15-05-03, and
33-15-05-04; Control of Organic Compound Emissions 33-15-07; Prevention
of Significant Deterioration of Air Quality 33-15-15-01; and Control of
Emissions from Oil and Gas Well Production Facilities 33-15-20-01, 33-
15-20-02, and 33-15-20-03, effective June 1, 1992.
    (B) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04 and 33-15-01-13;
[[Page 328]]
Standards of Performance for New Stationary Sources 33-15-12; and
Emission Standards for Hazardous Air Pollutants 33-15-13, effective June
1, 1992 and March 1, 1994.
    (C) Revisions to the Air Pollution Control Rules as follows:
Designated Air Contaminant Sources, Permit to Construct, Minor Source
Permit to Operate, Title V Permit to Operate, 33-15-14-01 through 33-15-
14-05, effective March 1, 1994.
    (27) On April 29, 1994, the Governor of North Dakota submitted
revisions to the prevention of significant deterioration regulations in
chapter 33-15-15 of the North Dakota Air Pollution Control Rules to
incorporate changes in the Federal PSD permitting regulations for
utility pollution control projects, PM-10 increments, and municipal
waste combustors.
    (i) Incorporation by reference.
    (A) Revisions to Chapter 33-15-15 of the North Dakota Air Pollution
Control Rules, Section 33-15-15-01, Subsections 1.a.(3) and (4), 1.c,
1.e.(4), 1.h, 1.i, 1.m, 1.x.(2)(h)-(k), 1.aa.(2)(c), 1.bb, 1.dd, 1.ee,
1.ff, 1.hh, 2.b, 4.d.(3)(a), and 4.j.(4)(b), effective 3/1/94.
    (28) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with a
letter dated December 21, 1994. The submittal addressed revisions to SIP
Chapter 2, regarding delegatable authorities and asbestos law revisions,
and to air pollution control rules regarding general provisions; ambient
air quality standards; new source performance standards (NSPS); and
national emission standards for hazardous air pollutants (NESHAPs).
    (i) Incorporation by reference.
    (A) Revisions to the following sections of the North Dakota Century
Code: 23-25-01; 23-25-03; and 23-25-03.1, effective August 1, 1993.
    (B) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-17 and 33-15-01-18; Ambient Air Quality Standards
33-15-02-05 and 33-15-02 Table 1; Standards of Performance for New
Stationary Sources 33-15-12; and Emission Standards for Hazardous Air
Pollutants 33-15-13, effective December 1, 1994.
    (29) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with
letters dated August 15, 1995 and January 9, 1996. The revisions address
air pollution control rules regarding general provisions; open burning;
emissions of particulate matter, certain settleable acids and alkaline
substances, and fugitives; air pollution emergency episodes; new source
performance standards (NSPS); national emission standards for hazardous
air pollutants (NESHAPs); and the minor source construction and
operating permit programs. The State's January 9, 1996 submittal also
revised SIP Chapter 6, Air Quality Surveillance, to identify current
activities regarding visibility monitoring.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows:
Emissions of Particulate Matter Restricted 33-15-05-03., 33-15-05-03.1.,
33-15-05-03.2., and 33-15-05-03.3.; Prevention of Air Pollution
Emergency Episodes 33-15-11 Tables 6 and 7; and Fees 33-15-23-01, 33-15-
23-02, and 33-15-23-03, effective August 1, 1995.
    (B) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04; Emission Standards for Hazardous Air Pollutants
33-15-13, except 33-15-13-01-2., Subpart I; Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate 33-15-14-01, 33-15-14-01.1., 33-15-14-02.12., and 33-
15-14-03.10.; effective August 1, 1995 and January 1, 1996.
    (C) Revisions to the Air Pollution Control Rules as follows: Open
Burning Restrictions 33-15-04; Emissions of Certain Settleable Acids and
Alkaline Substances Restricted 33-15-09; Standards of Performance for
New Stationary Sources 33-15-12; and Restriction of Fugitive Emissions
33-15-17-01 and 33-15-17-02, effective January 1, 1996.
    (30) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with
letters dated January 9, 1996 and September 10, 1997. The revisions
address air pollution control rules regarding general provisions and
emissions of
[[Page 329]]
particulate matter, sulfur compounds, and organic compounds.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rule Emissions of Sulfur
Compounds Restricted, 33-15-06-01, effective January 1, 1996.
    (B) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04.49, 33-15-01-13.2(b), 33-15-01-15.2, and 33-15-
01-17.3; Emissions of Particulate Matter Restricted 33-15-05-03.3.4; and
Control of Organic Compound Emissions 33-15-07-01.1; effective September
1, 1997.
    (ii) Additional material.
    (A) An April 8, 1997 letter from Dana Mount, North Dakota Department
of Health, to Richard Long, EPA, to provide technical support
documentation regarding the revisions to Chapter 33-15-06, Emissions of
Sulfur Compounds Restricted.
    (B) A July 30, 1997 letter from Dana Mount, North Dakota Department
of Health, to Amy Platt, EPA, to provide technical support documentation
regarding the revisions to Chapter 33-15-06, Emissions of Sulfur
Compounds Restricted.
    (C) A September 9, 1997 letter from Dana Mount, North Dakota
Department of Health, to Larry Svoboda, EPA, to provide technical
support documentation regarding the revisions to Chapter 33-15-06,
Emissions of Sulfur Compounds Restricted.
    (31) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with a
letter dated September 28, 1998. The revisions address air pollution
control rules regarding general provisions, ambient air quality
standards, emissions of particulate matter and organic compounds, and
the permit to construct program.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04.6-52; Ambient Air Quality Standards 33-15-02-04,
33-15-02-07.3, 33-15-02-07.4, and Table 2; Emissions of Particulate
Matter Restricted 33-15-05-03.1; Control of Organic Compound Emissions
33-15-07-01.1; and Designated Air Contaminant Sources, Permit to
Construct, Minor Source Permit to Operate, Title V Permit to Operate 33-
15-14-02.3.c, effective September 1, 1998.
    (ii) Additional material.
    (A) An April 10, 1997 letter from Dana Mount, North Dakota
Department of Health, to Richard Long, EPA, to provide technical support
documentation regarding the impact of SB2356 on sulfur dioxide emission
limits for existing and new coal conversion facilities and petroleum
refineries.
    (B) A November 17, 1997 letter from William Delmore, North Dakota
Assistant Attorney General, to Terry Lukas, EPA, to propose how the
North Dakota Department of Health will implement the requirements of
SB2356.
    (c) A June 10, 1998 letter from Dana Mount, North Dakota Department
of Health, to Richard Long, EPA, to provide technical support
documentation regarding the revisions to Chapter 33-15-02, Ambient Air
Quality Standards, and Chapter 33-15-14, Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate (revisions specific to the permit to construct section
only).
    (D) A December 1, 1998 letter from Dana Mount, North Dakota
Department of Health, to Richard Long, EPA, to provide technical support
documentation regarding how the State will enforce the revised sulfur
dioxide standards in Chapter 33-15-02.
[37 FR 10885, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1820, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.1821  Classification of regions.
    The North Dakota plan was evaluated on the basis of the following
classifications:
[[Page 330]]
----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Fargo-Moorhead Interstate...............          II        III       III       III           III
North Dakota Intrastate..............................          II        III       III       III           III
----------------------------------------------------------------------------------------------------------------
[37 FR 10885, May 31, 1972]
Sec. 52.1822  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves the North Dakota plan for the attainment and maintenance of the
national standards.
[39 FR 7283, Feb. 25, 1974]
Sec. 52.1823  [Reserved]
Sec. 52.1824  Review of new sources and modifications.
    (a)-(b)  [Reserved]
    (c) The State of North Dakota has clarified the language contained
in the North Dakota Administrative Code on the use of the EPA
``Guideline on Air Quality Models'' as supplemented by the ``North
Dakota Guideline for Air Quality Modeling Analysis''.In a letter to
Douglas M. Skie, EPA, dated February 14, 1992, Dana K. Mount, Director
of the Division of Environmental Engineering, stated:
    To clarify this issue, the State of North Dakota will commit to
meeting all requirements of the EPA Guideline for air quality modeling
demonstrations associated with the permitting of new PSD sources, PSD
major modifications, and sources which will be located in nonattainment
areas. If any conflict exists, the EPA Guideline will take precedence
for these source categories.
[39 FR 7283, Feb. 25, 1974, as amended at 51 FR 40677, Nov. 7, 1986; 57
FR 28620, June 26, 1992; 61 FR 16062, Apr. 11, 1996]
Secs. 52.1825-52.1828  [Reserved]
Sec. 52.1829  Prevention of significant deterioration of air quality.
    (a) The North Dakota plan, as submitted, is approved as meeting the
requirements of Part C, Title I, of the Clean Air Act, except that it
does not apply to sources proposing to construct on Indian Reservations.
    (b) Regulation for preventing of significant deterioration of air
quality. The provisions of Sec. 52.21 (b) through (v) are hereby
incorporated by reference and made a part of the North Dakota State
Implementation Plan and are applicable to proposed major stationary
sources or major modifications to be located on Indian Reservations.
[44 FR 63103, Nov. 2, 1979. Correctly designated at 44 FR 75635, Dec.
21, 1979]
Sec. 52.1831  Visibility protection.
    A revision to the SIP was submitted by the Governor on April 18,
1989, for visibility general plan requirements and long-term strategies.
[54 FR 41098, Oct. 5, 1989]
Sec. 52.1832  Stack height regulations.
    The State of North Dakota has committed to revise its stack height
regulations should EPA complete rulemaking to respond to the decision in
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas
M. Skie, EPA, dated May 11, 1988, Dana K. Mount, Director, Division of
Environmental Engineering stated:
    * * * We are submitting this letter to allow EPA to continue to
process our current SIP submittal with the understanding that if EPA's
response to the NRDC remand modified the July 8, 1985, regulations, EPA
will notify the State of the rules that must be changed to comply with
EPA's modified requirements. The State of North Dakota agrees to make
the appropriate changes to its stack height rules.
[53 FR 45764, Nov. 14, 1988]
Sec. 52.1833  [Reserved]
Sec. 52.1834  Minor source permit to operate program.
    Emission limitations and related provisions, which, in accordance
with Rule 33-15-14-03, are established as federally
[[Page 331]]
enforceable conditions in North Dakota minor source operating permits,
shall be enforceable by EPA. EPA reserves the right to deem permit
conditions not federally enforceable. Such a determination will be made
according to appropriate procedures and will be based upon the permit,
permit approval procedures, or permit requirements which do not conform
with the operating permit program requirements of EPA's underlying
regulations.
[60 FR 43401, Aug. 21, 1995]
Sec. 52.1835  Change to approved plan.
    North Dakota Administrative Code Chapter 33-15-12, Standards of
Performance for New Stationary Sources, is removed from the approved
plan. This change is a result of the State's September 10, 1997 request
for delegation of authority to implement and enforce the Clean Air Act
New Source Performance Standards (NSPS) promulgated in 40 CFR Part 60,
as in effect on October 1, 1996 (except subpart Eb, which the State has
not adopted). EPA granted that delegation of authority on May 28, 1998.
[63 FR 45727, Aug. 27, 1998]
                            Subpart KK--Ohio
Sec. 52.1870  Identification of plan.
    (a) Title of plan: ``Implementation Plan for the Control of
Suspended Particulates, Sulfur Dioxide, Carbon Monoxide, Hydrocarbons,
Nitrogen Dioxide, and Photochemical Oxidants in the State of Ohio.''
    (b) The plan was officially submitted on January 31, 1972.
    (c) The revisions listed below were submitted on the dates
specified.
    (1) Request for extensions and a revision of monitoring network was
submitted on March 20, 1972, by the Ohio Air Pollution Control Board.
    (2) State provisions for making emissions data available to the
public was outlined in a letter of May 8, 1972, by the Ohio Department
of Health.
    (3) On May 9, 1972, the State provided assurance that action is
being taken in the Assembly to secure authority for controlling auto
emissions.
    (4) Amendments to air pollution regulations AP-3-11, 12, 13, 14, and
AP-9-04 were forwarded on July 7, 1972, by the Governor.
    (5) Revisions to AP-2-01, 02, 04, 05; AP-3-01, 08, 09, 13; AP-9-01,
02, 03 were submitted on August 4, 1972 by the Governor.
    (6) New regulations AP-13-01 and 13-02 were submitted on October 12,
1972 by the Governor.
    (7) Letter from the Director of the Ohio EPA was submitted on June
6, 1973, indicating that portions of AP-3-11, and AP-3-12 are for
informational purposes only.
    (8) The Governor of Ohio submitted on July 2, 1973, the
``Implementation Plan to Achieve Ambient Air Quality Standard for
Photochemical Oxidant in the Cincinnati Air Quality Control Region'' and
the ``Implementation Plan to Achieve Ambient Air Quality Standard for
Photochemical Oxidant in the Toledo Air Quality Control Region.''
    (9) The Governor of Ohio submitted on July 24, 1973, the
``Implementation Plan to Achieve Ambient Air Quality Standards for
Photochemical Oxidants--Dayton Air Quality Control Region.''
    (10) On January 25, 1974, Ohio submitted a secondary particulate
plan for three AQCR's in Ohio.
    (11) On July 16, 1975, Ohio submitted regulations revising the
attainment dates for particulate matter, nitrogen oxides, carbon
monoxide, hydrocarbons and photochemical oxidants.
    (12) The Governor of Ohio submitted on May 30, 1974 and August 10,
1976, revisions to the Ohio Implementation for the control of open
burning.
    (13) Consent and Abatement Order regarding Columbus and Southern
Ohio Electric Company's Picway Units 3 and 4, submitted by Governor on
October 17, 1975, supplemented on November 17, 1976 and June 1, 1977.
    (14) On July 27, 1979 the State submitted its nonattainment area
plan for specific areas designated as nonattainment for ozone and carbon
monoxide in the March 3, 1978 and October 5, 1978 Federal Registers (43
FR 8962 and 43 FR 45993). The submittal contained Ohio's Part D
nonattainment plans for the following ozone and carbon monoxide urban
nonattainment areas: Akron, Canton, Cincinnati, Cleveland, Columbus,
Dayton, Steubenville and
[[Page 332]]
Toledo. The submittal contained transportation control plans and
demonstrations of attainment (for carbon monoxide and/or ozone) for each
of the above mentioned urban nonattainment areas. Regulations for the
control of volatile organic compound emissions were not included with
this submittal but were submitted separately on September 13, 1979.
    (15) On September 13, 1979, the State submitted regulations for the
control of volatile organic compound and carbon monoxide emissions from
stationary sources.
    (16) On December 28, 1979, the State amended the attainment
demonstration submitted on July 27, 1979 for the Cleveland Urban area.
On November 24, 1980 and July 21, 1981, the State submitted additional
information on the transportation control plans for the Cleveland Urban
area.
    (17) On January 8, 1980, the State amended the carbon monoxide
attainment demonstration submitted on July 27, 1979 for the Steubenville
urban area.
    (18) On January 15, 1980, the State amended the attainment
demonstrations submitted on July 27, 1979 for the urban areas of
Cincinnati, Toledo and Dayton.
    (19) On April 7, 1980 the State of Ohio committed to correct the
deficiencies presented in the March 10, 1980 Notice of Proposed
Rulemaking.
    (20) On April 15, 24, 28, May 27, July 23 and August 6, 1980 the
State submitted comments on, technical support for, and commitments to
correct the deficiencies cited in the March 10, 1980 Notice of Proposed
Rulemaking. In addition to this the May 27, 1980 letter also contained a
commitment by the State to adopt and submit to USEPA by each subsequent
January, reasonable available control technology requirements for
sources covered by the control techniques guidelines published by USEPA
the preceding January.
    (21) On December 28, 1979 the State of Ohio submitted its Part D
carbon monoxide and ozone nonattainment area plan for the Youngstown
urban area. The submittal contained transportation control plans and
demonstrations of attainment (for carbon monoxide and/or ozone). On
February 12, 1980 the State amended the ozone attainment demonstration
submitted on December 28, 1979.
    (22) On June 12, 1980 and August 6, 1980, the State submitted
technical support and commitments to correct the deficiencies cited in
the May 16, 1980 Notice of Proposed Rulemaking. On November 20, 1980 and
July 21, 1981, the State submitted additional information on implementor
commitments for the Youngstown Urban area.
    (23) On May 8, 1979, Ohio submitted revisions to regulations 3745-
25-01 through 3745-25-04 (previously codified as AP-11-01 through AP-11-
04) containing emergency episode procedures.
    (24) On July 25, 1980 the State of Ohio submitted its Part D
revision to the New Source Review portion of the State Implementation
Plan. On September 25, 1980 the State submitted a response to the August
26, 1980 Federal Register notice of proposed rulemaking. The response
contained information which corrects certain deficiencies and commits to
correct by a specified date other deficiencies.
    (25) The following information was submitted to USEPA regarding the
Ohio Sulfur Dioxide Standards
    (i) On February 12, 1980 the Director of the Ohio EPA submitted the
Ohio Administrative Code (OAC) Rules 3745-18-01 to 3745-18-94, Sulfur
Dioxide Standards adopted on November 14, 1979 effective December 28,
1979.
    (ii) Ohio EPA sent technical support for the Ohio Sulfur Dioxide
Standards on September 12, 1979, October 23, 1979, May 16, 1980, March
27, 1981, May 5, 1981, July 15, 1981 and September 24, 1981.
    (iii) The following regulations were withdrawn by the Governor of
Ohio on May 16, 1980; OAC Rules 3745-18-08(H), 3745-18-15(B), 3745-18-
53(E), 3745-18-63(K), 3745-18-77(B) and 3745-18-90(C). These rules are
applicable to the following plants:
    Cairo Chemical Corporation in Allen County, Crystal Tissue Company
in Butler County, U.S. Steel Corporation, Lorain--Cuyahoga Works in
Lorain County, Bergstrom Paper Company in Montgomery County, Mead
Corporation in Ross County and Shell Chemical Company in Washington,
County.
    (iv) The following regulations were withdrawn by the Governor of
Ohio on December 19, 1980 only as it applies to
[[Page 333]]
the B.F. Goodrich Company, Avon Lake Chemical Plant in Lorain County;
OAC 3745-18-53(A). These regulations are still applicable to other
facilities in Lorain County.
    (v) The following regulations were withdrawn by the Governor of Ohio
on February 13, 1981; OAC Rules 3745-18-49(J) which is applicable to the
Ohio Rubber Company in Lake County and 3745-18-80(D) which is applicable
to the Union Carbide Corporation in Seneca County.
    (vi) The Governor of Ohio submitted a revised OAC Rule 3745-18-80(D)
which is applicable to the Union Carbide Corporation in Seneca County on
April 30, 1981.
    (26) On February 8, 1980, the State of Ohio submitted a revision to
provide for modification of the existing air quality surveillance
network.
    (27) On February 18, and March 13, 1981, the Governor of Ohio
submitted Rule 08 of Chapter 3745-17 of the Ohio Administrative Code for
Middletown and the operating permits for the fugitive sources located at
ARMCO's Middletown Works Plant.
    (28) On October 21 and November 21, 1980 the State submitted
comments on, technical support for, and commitments to correct the
deficiencies cited in the March 10, 1980 Notice of Proposed Rulemaking.
    (29) On September 17, 1980 the State of Ohio submitted a vehicle
inspection and maintenance (I/M) program developed for the urbanized
area of Cleveland and the Ohio portion of the Cincinnati metropolitan
area. On December 5, 1980 the State submitted comments on, and
commitments for correcting, the deficiencies cited in the November 7,
1980 Supplemental Notice of Proposed Rulemaking.
    (30) On February 18, 1981, the State of Ohio committed itself to
submit by December 31, 1981, the corrective materials for the
Middletown, Ohio total suspended particulate plan.
    (31) On March 27, 1981 and March 10, 1982 the State of Ohio
submitted revisions to the total suspended particulate (TSP) portion of
its State Implementation Plan (SIP). These revisions are in the form of
an alternative emissions reduction plan (bubble) for the General Motors
(GM) Central Foundry located in Defiance County, Ohio. Incorporated into
Ohio's SIP are the emission limitations, interim and final compliance
milestones, control equipment requirements and testing procedures
specified in the variances and permits submitted for the GM bubble.
    (32) On July 27, 1979, the State of Ohio submitted materials to
satisfy the general requirements of the Clean Air Act under sections
110(a)(2)(K); 126, 127, and 128. On January 30, 1981, the State of Ohio
also submitted an amended substitute Senate Bill 258, which was enacted
into law on December 19, 1980, amending Ohio Revised Code 3704.
    (33) Revision to plan allowing Standard Oil Company of Ohio Toledo
refinery variances from State Regulations 3745-21-09(M) (1) and (2)
submitted April 10, 1981 by the State.
    (34) Revision to plan allowing Standard Oil Company of Ohio Lima
refinery variance from State Regulation 3745-21-09(M)(2) submitted April
10, 1981 by the State.
    (35) On August 27, 1981, the State of Ohio submitted a variance for
the Pipeline Working Tank at the ARCO Pipeline Refinery in Summit
County, Ohio.
    (36)-(37)  [Reserved]
    (38) The Governor of Ohio on June 15, 1981 submitted a revision to
the ozone portion of the Ohio State Implementation Plan. This revision
is for six coating lines located at the Speciality Materials Division of
Fasson-Avery located in Lake County, Ohio.
    (39) On August 27, 1981, the State of Ohio submitted a variance for
the Pipeline Working Tank at the ARCO Pipeline Refinery in Lucas County,
Ohio.
    (40) On February 12, 1981, the State of Ohio submitted its Lead SIP
Plan which contains a discussion of ambient monitoring results, an
attainment demonstration and stationary and mobile source controls for
lead.
    (41) On April 10, 1981, the Governor of Ohio submitted revised
requirements for Republic Steel Corporation's Youngstown Sinter Plant.
    (42) On February 25, 1980, the State of Ohio submitted the revised
Ohio Administrative Code (OAC) Rules 3745-35-01 through 3745-35-04 which
set forth requirements for air permits to operate
[[Page 334]]
and variances. These rules were adopted on September 28, 1979 and became
effective in Ohio on November 7, 1979.
    (43) On February 12, 1981, the State of Ohio submitted adopted
amended Ohio Administrative Code (OAC) Rules 3745-21-01, 04, 09 and 10,
Emission Standards and Technology Requirements for Certain Sources of
Volatile Organic Compounds Emissions. The following portions of these
rules were withdrawn by the State of Ohio on March 27, 1981; OAC Rules
3745-21-04(C)(19)(a) and 3745-21-09(R)(3)(a). On January 8, 1982, the
State of Ohio submitted additional materials pertaining to OAC Rules
3745-21-09 (H), (U) and (X).
    (44) On April 16, 1981, the Ohio EPA submitted a variance which
would extend for Presto Adhesive Paper Company in Montgomery County,
Ohio the deadline for complying with applicable Ohio VOC emission
limitations from April 1, 1982 to April 1, 1983 for water-based adhesive
paper coatings and to April 1, 1984 for water-based silicone paper
coatings.
    (45) On Feburary 25, 1980, the State submitted revisions to rules 01
through 06, 08 and 09 of Chapter 15 of the Ohio Administrative Code.
These rules establish general provisions for the control of air
pollution and were previously codified and approved as AP-2-01 through
06, 08 and 09. Rules 01 through 04, 06, 08 and 09 are approved as
revisions to the Ohio SIP and rule 05 is deleted from the Ohio SIP.
    (46) On August 26, 1982, the Ohio Environmental Protection Agency
submitted a variance which would establish an alternative emission
control program (weighted averaging bubble) for eight vinyl coating
lines at Uniroyal Plastic Products in Ottawa County, Ohio, and an
alternative compliance schedule which will allow Uniroyal Plastic
Products additional time to convert to waterborne coatings and inks. The
final compliance date is October 1, 1987.
    (47) On June 29, 1982, the State submitted an amendment to the
definition of air contaminant as contained in section 3704.01(B) of the
Ohio Revised Code.
    (48) On August 31, 1982, Ohio Environmental Protection Agency
submitted a variance which would establish an alternative emission
control program (weighted averaging bubble) for five rotogravure
printing lines at Packaging Corporation of America (PCA) in Wayne
County, Ohio and an alternative compliance schedule which will allow PCA
additional time to convert to waterborne coatings and inks. The final
compliance date is July 1, 1987.
    (49) On September 10, 1982 the Ohio Environmental Protection Agency
submitted a revision to its ozone SIP for the Mead Paper Corporation,
Chilpaco Mill in Ross County, Ohio. This revision is in the form of
three variances for the three flexographic printing lines at Mead Paper
and contains revised emission limits and compliance schedules for each
of the lines. Technical Support for this revision was also submitted on
April 27, 1982.
    (50) On October 22, 1982, the Ohio Environmental Protection Agency
submitted a revision to its Ozone SIP for the Standard Register Company.
The revision request is in the form of a variance for an extended
compliance time schedule for a surface coating line and spray boot for
painting miscellaneous metal parts. Final compliance is changed from
December 31, 1982 to December 31, 1983.
    (51) On October 1, 1982, and February 28, 1983 the State of Ohio
submitted revisions to Ohio Administrative Code (OAC) Rules 3745-35-03
which set forth requirements for obtaining variances.
    (52)-(55) [Reserved]
    (56) On January 5, 1983 the Ohio Environmental Protection Agency
submitted a revision to its ozone SIP for the U.S. Steel Supply
Division, Sharon Plant in Trumbull County, Ohio. Technical support for
this revision was also submitted on November 12, 1982.
    (57) On January 4, 1982, amended December 23, 1982, the Ohio
Environmental Protection Agency (OEPA) submitted a revision to its ozone
SIP for the Chrysler Plastic Products Corporation, Sandusky Vinyl
Product Division, in Erie County, Ohio. This revision amends the
emission limitations and extends the compliance dates for five vinyl
coating lines at this facility. Technical support for this revision was
also submitted on June 28, 1982.
[[Page 335]]
    (58) On July 14, 1982, the State submitted revisions to its State
Implementation Plan for TSP and SO<INF>2</INF> for Toledo Edison
Company's Bay Shore Station in Lucas County, Ohio.
    (59) On March 9, 1983, the Ohio Environmental Protection Agency
submitted a variance which would establish an alternative emission
control program (bubble) for eight vinyl coating lines at B.F. Goodrich
in Washington County, Ohio, and an alternative compliance schedule which
will allow B.F. Goodrich additional time to achieve final compliance
through conversion to waterborne coatings and inks by December 31, 1985.
If the company is unable to achieve compliance by December 1, 1985,
through reformulation, the company must install add-on controls no later
than December 1, 1987.
    (60) The State of Ohio submitted a revised demonstration that showed
attainment by December 31, 1982, of the Carbon Monixide (CO) National
Ambient Air Quality Standards (NAAQS) for the Cincinnati area (Hamilton
County) on May 24, 1982. Supplemental information was submitted on
September 23, 1982, November 4, 1982, and March 16, 1983. The May 24,
1982, submittal also requested that the five year extension for meeting
the NAAQS requested on July 29, 1979, and granted on October 31, 1980,
be rescinded for this area. EPA has rescinded this extension only for
the Cincinnati demonstration area for CO.
    (61) On January 11, 1983, the Ohio EPA submitted justification and
supportive documentation for the two categories of gasoline dispensing
facilities and cutback asphalt. On March 2, 1983, Ohio EPA submitted
demonstrations of reasonable further progress in the Canton and
Youngstown areas. This information was submitted to satisfy the
conditions on the approval of the 1979 ozone SIP.
    (62) On September 8, 1983, the Ohio Environmental Protection Agency
submitted a revision to the total suspended particulate SIP for Corning
Glass Works. The revision is in the form of a permit to operate a glass
furnace and contains an equivalent visible emission limitation for the
furnace.
    (63) On January 3, 1984, the Ohio Environmental Protection Agency
submitted a revision to the Ohio Administrative Code 3745-15-07, Air
Pollution Nuisance Prohibited.
    (64) On September 2, 1982, the State of Ohio submitted a revision to
the total suspended particulate State Implementation Plan for the B.F.
Goodrich Chemical Plant in Avon Lake, Lorain County, Ohio. This revision
is being disapproved. (See Sec. 52.1880(g))
    (65) On August 3, 1983, May 7, 1984 and June 28, 1984, the Ohio
Environmental Protection Agency submitted revisions to the total
suspended particulate State Implementation Plan for Chardon Rubber
Company, Corning Glass Works, Denman Rubber Manufacturing Company,
Packaging Corporation of America, and Springview Center. Each of the
revisions are in the form of a permit to operate and contain equivalent
visible emission limitations.
    (66) On March 16, 1984, the Ohio Environmental Protection Agency
submitted commitments for satisfying the conditions of approval to the
ozone [52.1885 (b)(2)] and particulate matter [52.1880 (d)(1)] State
Implementation Plans.
    (67) [Reserved]
    (68) On May 6, 1983, the Ohio Environmental Protection Agency (OEPA)
submitted materials constituting a proposed revision to Ohio's ozone SIP
for Harrison Radiator. Harrison Radiator has two metal coating
facilities; one is the North facility located in downtown Dayton and the
other is the South facility located in the City of Moraine.
    (i) Incorporation by reference.
    (A) The Ohio Environmental Protection Director's final Findings and
Orders, May 6, 1983.
    (B) Letters of September 10, 1984, and September 4, 1984, to USEPA
from OEPA.
    (C) The Ohio Environmental Protection Director's final Findings and
Orders, September 4, 1984.
    (69) On September 13, 1983, the Ohio Environmental Protection Agency
submitted a variance which would establish an alternative emission
control program (bubble) for Volatile Organic Compound emissions from a
gasoline and aviation fuel loading rack located
[[Page 336]]
at Standard Oil Company in Trumbull County, Ohio.
    (i) Incorporation by reference.
    (A) An August 26, 1983, Permit and Variance to Operate an Air
Contaminant Source Terms and Conditions, Application No. 02 78 06 0355
J001 and 02 78 06 0355 J002, for Niles Terminal Station N. 234, Niles
Aviation Gasoline Bulk Terminal.
    (70) On April 8, 1982, June 22, 1982, November 8, 1982, May 24,
1985, and November 12, 1986, the Ohio Environmental Protection Agency
submitted a revision to the sulfur dioxide SIP for the Ohio Power
Muskingum River Power Plant located in Morgan and Washington Counties.
USEPA approves an emission limit of 8.6 lbs/MMBTU to protect the primary
NAAQS with a compliance date of June 17, 1980. In addition, USEPA
approves an emission limit of 7.6 lbs/MMBTU to protect the secondary
NAAQS with a compliance date of July 1, 1989.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) rule 3745-18-03(C)(3)(gg)(vi)
effective in Ohio December 28, 1979; rule 3745-18-64(B) and rule 3745-
18-90(B) effective in Ohio on October 1, 1982.
    (B) Director's Final Findings and Orders dated October 18, 1982,
before the Ohio Environmental Protection Agency.
    (C) Director's Findings and Order dated November 18, 1986, before
the Ohio Environmental Protection Agency.
    (ii) Additional information.
    (A) Technical Support Document for emission limitations including
dispersion modeling for the Muskingum River Plant submitted by the State
on April 8, 1982.
    (B) Muskingum River Plant Supplementary Technical Support Document
submitted by the State on June 22, 1982.
    (C) Air Monitoring Data submitted by the State on June 22, 1982.
    (71) On July 1, 1980, the State of Ohio submitted a revision to its
State Implementation Plan amending Sec. 3704.11 of the Ohio Revised
Code. This revision expands the authority given to a political
subdivision in relation to certain open burning activities. Additional
information for the revision was also submitted on September 30, 1980
and January 16, 1981.
    (72) On March 16, 1982, the State of Ohio submitted a revision to
its State Implementation Plan for TSP for the Southerly Wastewater
Treatment Plant in Columbus, Ohio.
    (73) On March 28, 1983, the State of Ohio Environmental Protection
Agency (OEPA) submitted amendments to the Ohio Administrative Code (OAC)
Chapter 3745-21 and supporting data to USEPA as a proposed revision to
the ozone portion of its SIP. OAC Chapter 3745-21, entitled ``Carbon
Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related
Material Standards'', contains Ohio's VOC RACT I and II regulations. The
amendments to these regulations are embodied in the OAC as follows:
Definitions, Rule 3745-21-01; Attainment dates and compliance time
schedules, Rule 3745-21-04; Control of emissions of organic compounds
from stationary sources, Rule 3745-21-09; and Compliance test methods
and procedures, Rule 3745-21-10. See (c)(15). USEPA is not taking action
on the applicability of Rule 3745-21-09 to new sources of VOC, to the
gasoline throughout exemption level for gasoline dispensing facilities,
and to the compliance date extension for Honda of America Manufacturing,
Inc. auto and motorcycle assembly plant in Marysville. USEPA is not
taking action on OAC Rule 3745-21-09(AA))(2)(a) which exempts any dry
cleaning facility in which less than 60,000 pounds of fabrics are
cleaned per year. USEPA is not taking action on OAC Rule 3745-21-
09(U)(2)(f) (i) and (ii) which apply to new sources (surface coating
lines). USEPA is identifying deficiencies in the existing Rule 3745-21-
09(D)(3) which contains an alternative daily emission limitation for can
coating facilities. USEPA identified the following deficiencies within
this rule: This rule presents equations for determining an alternative
daily emission limitation. USEPA finds that the equations are incorrect
in that they are based on volume of coating used (in gallons, excluding
water), which in many cases can lead to erroneous results. Equivalency
calculations for coatings should be performed on a basis of volume of
coating solids used
[[Page 337]]
rather than volume of coating used. (45 FR 80824 gives an example
calculation for can coating done on a volume solids basis.)
    (i) Incorporation by reference.
    (A) Amendments to OAC Chapter 3745-21, dated June 21, 1982 and
January 24, 1983.
    (1) Rule 3745-21-01; Definitions.
    (i) Section (D)(16), (36), and (50), paper and vinyl coating.
    (ii) Section (F)(1-8), asphalts in road construction and
maintenance.
    (iii) Sections (E)(8), and (J)(5), corrections to Sections (E)(8)
and (J)(5).
    (2) Rule 3745-21-04; Attainment dates and compliance time schedules.
    (i) Section (C)(3), can coating lines.
    (ii) Section (C)(15), cutback and emulsified asphalts.
    (iii) Section (C)(29), gasoline tank trucks.
    (iv) Section (C)(33), External floating roof tanks.
    (3) Rule 3745-21-09, Control of emission of organic compounds from
stationary sources.
    (i) Section (B), Emission limitations.
    (ii) Sections, (C) (1) and (3), Surface coating of automobiles and
light duty trucks.
    (iii) Sections (I) (1) and (2), Surface coating of metal furniture.
    (iv) Sections (K) (1) and (3) and (K)(4) (a), (b) and (c), Surface
coating of large appliances.
    (v) Sections (N) (1), (2), and (3) (b) and (c), Use of cutback and
emulsified asphalts.
    Note: USEPA is not approving (N)(3) (a) and (e).
    (vi) Section (O)(2), Solvent metal cleaning.
    (vii) Sections (P) (1), (4), and (5), Bulk gasoline plants.
    (viii) Section (Q)(3), Bulk gasoline terminals.
    (ix) Section (R)(3), Gasoline dispensing facilities.
    (x) Sections (U)(1) and the exemptions contained in (2)(h), Surface
coating miscellaneous metal parts and products.
    (xi) Sections (X)(1) (a)(i), (b)(i), and the exemption contained in
(2)(d), Rubber tire manufacturing.
    (xii) Sections (Z)(1)(b) through (h), (2), and (3), Storage of
petroleum liquid in external floating roof tanks. NOTE: USEPA is not
approving (Z)(1)(a).
    (xiii) Section (AA) (1) and (2) (b) and (c), Dry cleaning facility.
NOTE: USEPA is not proposing to approve (AA)(2)(a).
    (xiv) Sections (K)(4) (a), (b), and (c), for the Whirlpool
Corporation plants located in Marion, Sandusky, and Hancock Counties.
    (xv) Section (X)(2)(d), Cooper Tire and Rubber tire manufacturing
facility located in Hancock County.
    (4) Rule 3745-21-10; Compliance test methods and procedures.
    (i) Sections (A) (3) and (4), General provisions.
    (ii) Section (B) (3), (4) and (5), Methods for determining VOC
content of surface coating and inks.
    (iii) Section (E) (4) and (7), Method for determining VOC emissions
from bulk gasoline terminals.
    (iv) Section (K), Methods for detecting leaks of gasoline vapors.
    (74)-(75) [Reserved]
    (76) On April 9, 1986, the State of Ohio submitted a negative
declaration for natural gas/gasoline processing plants and manufacturers
of high-density polyethylene and polypropylene resins.
    (i) Incorporation by reference.
    (A) Letter dated April 9, 1986, from Warren W. Tyler, Director,
State of Ohio Environmental Protection Agency.
    (77) On November 20, 1985, the Ohio Environmental Protection Agency
submitted a revision to the State Implementation Plan for Total
Suspended Particulates. This revision request is for operating permits
for the following two shiploading facilities: The Andersons Grain
Division, Toledo Plant and Mid-States Terminals, Incorporated.
    (i) Incorporation by reference.
    (A) Permit to Operate an Air Contaminant Source for the Andersons
Grain Division, Toledo Plant. Date of Issuance: November 18, 1985.
    (B) Permit to Operate an Air Contaminant Source for Mid-States
Terminals, Incorporated. Date of Issuance: November 18, 1985.
    (78) On April 30, 1986, (draft) and on May 5, 1987, (final) the Ohio
Environmental Protection Agency (OEPA) submitted a revision request to
Ohio's sulfur dioxide SIP. The revision was in the
[[Page 338]]
form of Permits to Operate for the Coulton Chemical Plant in Toledo,
Ohio, and the E.I. duPont de Nemours and Company facility in Miami,
Ohio. The permits require the installation and operation of continuous
emission monitors for sulfur dioxide at these facilities, and the
reporting of monitoring data.
    (i) Incorporation by reference.
    (A) Special Term and Condition No. 3 of Permit to Operation No.
0448020014P001 for Coulton Chemical Corporation, effective January 3,
1986, Permit to Operate No. 0448020014P002 for Coulton Chemical
Corporation, effective March 25, 1986.
    (B) Special Term and Condition No. 3 of Permit to Operate No.
1431350817P001 for E.I. duPont de Nemours and Company (Fort Hill Plant),
effective March 2, 1984.
    (ii) Additional material.
    (A) September 5, 1985, letter from Charles M. Taylor, Chief,
Division of Air Pollution Control, Ohio Environmental Protection Agency;
to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental
Protection Agency.
    (79) On April 9, 1986, the Ohio Environmental Protection Agency
(OEPA) submitted a request for a revision to the Ozone State
Implementation Plan (SIP) for the Huffy Corporation in Celina Ohio
(Mercer County). This revision was in the form of a rule which is
applicable to the Huffy Corporation in Mercer County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-21-09(U)(2)(j),
effective May 9, 1986.
    (80) On April 9, 1986, the Ohio Environmental Protection Agency
submitted a revision to the State Implementation Plan for ozone. The
revision consists of the reasonably available control technology (RACT)
III volatile organic compound regulations.
    (i) Incorporation by reference. Ohio EPA OAC
    (A) Rule 3745-21-01, Definitions. Paragraphs (K), (L), (M), and (N),
effective May 9, 1986. Ohio EPA OAC
    (B) Rule 3745-21-04, Attainment Dates and Compliance Time Schedules.
Paragraphs (B)(1), and (C)(36) through (C)(39), effective May 9, 1986.
Ohio EPA OAC
    (C) Rule 3745-21-09, Control of Emissions of Volatile Organic
Compounds from Stationary Sources. Paragraphs (A)(1), (A)(2), (A)(4),
(BB), (CC), (DD), (EE), and Appendix A, effective May 9, 1986. Ohio EPA
OAC
    (D) Rule 3745-21-10, Compliance Test Method and Procedures.
Paragraphs (C), (F), (L), (M), (N), (O), and (P), effective May 9, 1986.
    (81) On March 3, 1986, the Ohio Environmental Protection Agency
(OEPA) submitted Good Engineering Stack Height Regulations as a revision
to the Ohio State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Chapter 3745-16-01 and 02, entitled
``Definitions'' and ``Good Engineering Practice Stack Height
Regulations''. These rules were adopted by the State on February 12,
1986 and were effective on March 5, 1986.
    (B) September 2, 1987 letter from Richard L. Shank, Ph.D., Director,
Ohio Environmental Protection Agency; to Valdas Adamkus, Regional
Administrator, USEPA.
    (ii) Additional material.
    (A) March 3, 1986, letter from Warren W. Tyler, Director, Ohio
Environmental Protection Agency; to Valdas Adamkus, Regional
Administrator, U.S. EPA.
    (82) On November 7, 1985, the Ohio Environmental Protection Agency
submitted a revision to the ozone portion of the Ohio State
Implementation Plan (SIP) for the Reynolds Metal Company in Pickaway
County, Ohio. This variance shall expire on May 6, 1992.
    (i) Incorporation by reference.
    (A) State of Ohio Environmental Protection Agency Variance to
Operate an Air Contaminant Source (except for Conditions No. 2, No. 3,
and No. 6); Date of Issuance: October 29, 1985, Issued to: Reynolds
Metal Company; Constitutes a Variance to Operate: miscellaneous metal
parts coating line--Ransburg Disc spray booths No. 1 and No. 2; and
signed by Warren W. Tyler, Director, Ohio Environmental Protection
Agency.
[[Page 339]]
    (83) On October 4, 1982, and January 24, 1983, the Ohio
Environmental Protection Agency (OEPA) submitted revisions to the Ohio
Administrative Code (OAC) Chapter 3745-31-01 through 3745-31-08 to
satisfy the New Source Review conditional approval of October 31, 1980
(45 FR 72119). U.S. EPA is granting limited approval of the revision to
Ohio's New Source Review State Implementation Plan (SIP) because the
revised regulations strengthen the SIP.
    (i) Incorporation by reference.
    (A) OAC Rule 3745-31 through 3745-31-03--Permits to Install New
Sources of Pollution (Adopted June 30, 1982, effective August 15, 1982),
as found in the State of Ohio Environmental Protection Agency Laws and
Regulations.
    (ii) Additional material.
    (A) A June 30, 1987, letter from OEPA certified that the State did
not rely upon additional reductions through the offset policy to attain
or maintain the National Ambient Air Quality Standards.
    (84) On June 1, 1987, the Ohio Environmental Protection Agency
(OEPA) submitted a revision request to Ohio's ozone SIP for the Goodyear
Tire and Rubber Company in St. Marys (Auglaize County) Ohio. The
revision was in the form of variances for adhesive application lines
K001 to K019 and exempts them from the requirements contained in Ohio
Administrative Code (OAC) Rule 3745-21-09(U). These variances expire on
(3 years and 30 days from date of publication). The accommodative SIP
for Auglaize County is removed for the period these variances are in
effect.
    (i) Incorporation by reference. (A) Condition Number 8 (which
references Special Terms and Conditions Numbers 1 through 5) within each
of 19 ``State of Ohio Environmental Protection Agency Variances to
Operate An Air Contaminant Source'', Application Numbers 0306010138K001-
0306010138K019, for Goodyear Tire and Rubber Company. The Date of
Issuance is May 22, 1987.
    (85) On February 17, 1988, and January 4, 1989, the Ohio
Environmental Protection Agency submitted a revision to the total
suspended particulate SIP for Youngstown Thermal Corporation located in
Youngstown, Ohio. This revision establishes a 0.02 lb/MMBTU emission
limit for the one gas and Number 2 oil-fired boiler (B001) and a 0.14
lb/MMBTU limit for the three coal-fired boilers (B002, B003, and B004).
    (i) Incorporation by reference. (A) Ohio Administrative Code (OAC)
Rule 3745-17-01, effective in Ohio on October 1, 1983; Rule 3745-17-03,
effective in Ohio on October 15, 1983; and Rule 3745-17-10, effective in
Ohio on October 1, 1983, as they apply to Youngstown Thermal Energy
Corporation in Youngstown, Ohio only.
    (86) [Reserved]
    (87) On July 11, 1988, Ohio submitted its vehicle inspection and
maintenance regulation for Cuyahoga, Lake, Lorain, Hamilton, and Butler
Counties.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-26-01, 3745-26-02, 3745-26-
03, 3745-26-04, 3745-26-05, 3745-26-06, 3745-26-07, 3745-26-08, and
3745-26-09, effective July 17, 1987.
    (88) On April 11, 1994, the Ohio Environmental Protection Agency
submitted a request for a revision to the Ohio State Implementation Plan
for particulate matter and nitrogen oxides for specified source
categories that require continuous emissions monitoring, recording, and
reporting.
    (i) Incorporation by reference.
    (A) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 1413100008 B002 and 1413100008 B005 for
Cincinnati Gas and Electric (CG&E) Company, W. C. Beckjord Station. The
dates of issuance are July 16, 1992. These permits are approved through
the expiration date of July 15, 1995.
    (B) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 1413100008 B003 and 1413100008 B006 for
Cincinnati Gas and Electric Company, W. C. Beckjord Station. The dates
of issuance are November 13, 1992. These permits are approved through
the expiration date of November 12, 1995.
    (C) Special Terms and Conditions No. 5 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application
[[Page 340]]
Numbers 1431350093 B005 and 1431350093 B006 for Cincinnati Gas and
Electric Company, Miami Fort. The dates of issuance are September 3,
1993. These permits are approved through the expiration date of
September 1, 1996.
    (D) Special Terms and Conditions No. 5 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1431350093 B007 for Cincinnati Gas and
Electric Company, Miami Fort. The date of issuance is November 19, 1993.
This permit is approved through the expiration date of November 18,
1996.
    (E) Special Terms and Conditions No. 3 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 0204000211 B001 and 0204000211 B003 for
Cleveland Electric Illuminating Company, Ashtabula Plant ``C''. The
dates of issuance are April 24, 1992. These permits are approved through
the expiration date of April 23, 1995.
    (F) Special Terms and Conditions No. 6 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1318000245 B006 for Cleveland Electric
Illuminating Company, Lakeshore Plant. The date of issuance is December
7, 1993. This permit is approved through the expiration date of December
6, 1996.
    (G) Special Terms and Conditions No. 5 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 0616000000 B004 for Columbus Southern Power
Company, Conesville Station. The date of issuance is December 4, 1992.
This permit is approved through the expiration date of December 3, 1995.
    (H) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 0616000000 B001 and 0616000000 B002 for
Columbus Southern Power Company, Conesville Station. The dates of
issuance are June 22, 1993. These permits are approved through the
expiration date of June 21, 1996.
    (I) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 0616000000 B003 for Columbus Southern Power
Company, Conesville Station. The date of issuance is June 29, 1993. This
permit is approved through the expiration date of June 28, 1996.
    (J) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 0701000007 B001 through 0701000007 B004 for
Dayton Power and Light Company, J. M. Stuart Station. The dates of
issuance are July 6, 1993. These permits are approved through the
expiration date of July 5, 1996.
    (K) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1707130015 B005 for Ohio Edison Company, R.
E. Burger Plant. The date of issuance is July 30, 1993. This permit is
approved through the expiration date of July 29, 1996.
    (L) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 1707130015 B006 through 1707130015 B008, and
Application Numbers 1707130015 B011 and B012 for Ohio Edison Company, R.
E. Burger Plant. The dates of issuance are August 3, 1993. These permits
are approved through the expiration date of August 2, 1996.
    (M) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 1707130015 B009 and 1707130015 B010 for Ohio
Edison Company, R. E. Burger Plant. The dates of issuance are October 8,
1993. These permits are approved through the expiration date of October
7, 1996.
    (N) Special Terms and Conditions No. 6 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1741180018 B001 for Ohio Edison Company,
Toronto Plant. The date of issuance is March 5, 1993. This permit is
approved through the expiration date of March 4, 1996.
[[Page 341]]
    (O) Special Terms and Conditions No. 6 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1741180018 B001 for Ohio Edison Company,
Toronto Plant. The date of issuance is March 5, 1993. This permit is
approved through the expiration date of March 4, 1996.
    (P) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1741180018 B002 for Ohio Edison Company,
Toronto Plant. The date of issuance is October 15, 1993. This permit is
approved through the expiration date of October 24, 1996.
    (Q) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1741180018 B003 for Ohio Edison Company,
Toronto Plant. The date of issuance is November 23, 1992. This permit is
approved through the expiration date of November 22, 1995.
    (R) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 1741160017 B007 and B008, 1741160017 B010
and 1741160017 B013 for Ohio Edison Company, Sammis Plant. The dates of
issuance are March 10, 1993. These permits are approved through the
expiration date of March 9, 1996.
    (S) Special Terms and Conditions No. 3 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1741160017 B009 for Ohio Edison Company,
Sammis Plant. The date of issuance is June 25, 1993. This permit is
approved through the expiration date of June 24, 1996.
    (T) Special Terms and Conditions No. 6 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 0247080049 B003 for Ohio Edison Company,
Edgewater Plant. The date of issuance is February 25, 1994. This permit
is approved through the expiration date of February 25, 1997.
    (U) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 0627010056 B003 and 0627010056 B004 for Ohio
Power Company, General James M. Gavin Plant. Thes date of issuance are
May 2, 1992. These permits are approved through the expiration date of
April 30, 1995.
    (V) Special Terms and Conditions No. 5 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1741050002 B001 for Ohio Power Company,
Cardinal Operating Company. The date of issuance is March 30, 1993. This
permit is approved through the expiration date of March 29, 1996.
    (W) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1741050002 B002 for Ohio Power Company,
Cardinal Operating Company. The date of issuance is November 12, 1993.
This permit is approved through the expiration date of November 11,
1996.
    (X) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1741050129 B002 for Ohio Power Company,
Buckeye Power, Inc. The date of issuance is October 10, 1992. This
permit is approved through the expiration date of October 19, 1995.
    (Y) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 0684000000 B002, 0684000000 B003, 0684000000
B004, and 0684000000 B005 for Ohio Power Company, Muskingum River Plant.
The dates of issuance are May 12, 1993. These permits are approved
through the expiration date of May 11, 1996.
    (Z) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 0684000000 B006 for Ohio Power Company,
Muskingum River Plant. The date of issuance is April 20, 1993. This
permit is approved through the expiration date of April 19, 1996.
    (AA) Special Terms and Conditions No. 5 of State of Ohio
Environmental Protection Agency Permit to Operate
[[Page 342]]
an Air Contaminant Source, Application Number 0285010188 B001 for
Orrville Municipal Power Plant. The date of issuance is November 13,
1991. This permit is approved through the expiration date of November
14, 1994.
    (BB) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 028501018 B004 for Orrville Muniticpal Power
Plant. The date of issuance is January 22, 1993. This permit is approved
through the expiration date of January 21, 1996.
    (CC) Special Terms and Conditions No. 5 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 0855100041 B001 and 0855100041 B002 for
Piqua Municipal Power Plant. The dates of issuance are April 10, 1992.
These permits are approved through the expiration date of April 9, 1995.
    (DD) Special Terms and Conditions No. 5 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 0855100041 B003 for Piqua Municipal Power
Plant. The date of issuance is April 12, 1993. This permit is approved
through the expiration date of April 11, 1996.
    (EE) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permits to Operate an Air Contaminant
Source, Application Numbers 0684020037 B001 and 0684020037 B003 for
American Municipal Power-Ohio, Inc. The dates of issuance are October
12, 1993. These permits are approved through the expiration date of
October 11, 1996.
    (FF) Special Terms and Conditions No. 4 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 0684020037 B002 for American Municipal Power-
Ohio, Inc. The date of issuance is November 30, 1993. This permit is
approved through the expiration date of November 29, 1996.
    (GG) Special Terms and Conditions No. 8 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Application Number 1431390903 B022 for Procter and Gamble
Company. The date of issuance is December 4, 1992. This permit is
approved through the expiration date of December 3, 1995.
    (HH) Special Terms and Conditions No. 6 of State of Ohio
Environmental Protection Agency Permit to Operate Number 1409040212 B010
for Champion International, Hamilton Mill. The date of issuance is
November 8, 1991. This permit is approved through the expiration date of
November 7, 1994.
    (II) Special Terms and Conditions Nos. 3 and 4 of State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source, Appplication Number 0448020007 P007 for BP Oil Company-Toledo
Refinery. The date of issuance is March 27, 1992. This permit is
approved through the expiration date of March 26, 1995.
    (JJ) Special Terms and Conditions No. 3 of State of Ohio
Environmental Protection Agency Permit to Operate Number an Air
Contaminant Source, Application Number 1576000301 P002 for Ashland
Petroleum Company. The date of issuance is January 21, 1993. This permit
is approved through the expiration date of January 21, 1996.
    (ii) Additional material.
    (A) Letter dated April 11, 1994 from Donald R. Schregardus,
Director, Ohio Environmental Protection Agency to Valdas V. Adamkus,
Regional Administrator, United States Environmental Protection Agency,
Region 5. The letter states that the public hearing for the SIP revision
which was held on November 13, 1986 included the negative declaration
regarding existing nitric acid plants (Section 2.2 of Appendix P).
    (89) On February 28, 1989, the Ohio Environmental Protection Agency
(OEPA) submitted a revision request to Ohio's ozone SIP for the Navistar
International Transportation Corporation in Springfield, Ohio. It
modified this request on March 30, 1990. The revision is in the form of
variances for miscellaneous metal parts and products coating lines and
exempts them from the requirements contained in Ohio Administrative Code
(OAC) Rule 3745-21-09(U). These variances expire on January 4, 1994.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references Special Terms and
Conditions Number 1 through 11) within both of
[[Page 343]]
the ``State of Ohio Environmental Protection Agency Variances to Operate
An Air Contaminant Source'', Application Numbers 0812760220K009 and
0812760220K013 for Navistar International Transportation Corporation.
The Date of Issuance is February 28, 1989.
    (90) On April 9, 1986, the Ohio Environmental Protection Agency
(OEPA) submitted amendments to the Ohio Administrative Code (OAC)
Chapter 3745-21. The amendments are embodied in the following OAC
regulations: Definitions, Rule 3745-21-01; Attainment dates and
compliance time schedules, Rule 3745-21-04; Control of emissions of
volatile organic compounds from stationary sources, Rule 3745-21-09; and
Compliance test methods and procedures, Rule 3745-21-10. USEPA is
approving these amendments with the following exceptions: The proposed
relaxation for food can end sealing compounds in 3745-21-09(D)(1)(e) and
(D)(2)(e) (from 3.7 to 4.4 lbs VOC/gallon); the proposed revision to the
exemption in 3745-21-09(N)(3)(e) for the application by hand of any
cutback asphalt or emulsified asphalt for patching or crack sealing; the
recordkeeping requirements in 3745-21-09(N)(4); the relaxation from 3.5
to 6.2 lbs VOC/gallon for high performance architectural aluminum
coatings in 3745-21-09(U)(1)(a)(viii); the exemption for new sources in
3745-21-09(U)(2)(f); and the relaxation for miscellaneous metals
coatings in 3745-21-09(U)(1)(a)(vii).
    (i) Incorporation by reference.
    (A) Amendments to Ohio Administrative Code Rule 3745-21-01,
effective on May 9, 1986.
    (B) Amendments to Ohio Administrative Code Rule 3745-21-04,
effective on May 9, 1986.
    (C) Amendments to Ohio Administrative Code Rule 3745-21-09,
effective on May 9, 1986, except for:
    (1) 3745-21-09(D)(1)(e) and (D)(2)(e) (proposed relaxation for food
can end sealing);
    (2) 3745-21-09(N)(3)(e) (proposed revision to the exemption for the
application by hand of any cutback or emulsified asphalt for patching
crack sealing);
    (3) 3745-21-09(N)(4) (recordkeeping requirements);
    (4) 3745-21-09(U)(1)(a)(viii) (relaxation from 3.5 to 6.2 lbs VOC.
gal for high performance architectural aluminum coatings);
    (5) 3745-21-09(U)(2)(f) (the exemption for new sources); and
    (6) 3745-21-09(U)(1)(a)(vii) (relaxation for miscellaneous metal
coatings).
    (D) Amendments to Ohio Administrative Code Rule 3745-21-10,
effective May 9, 1996.
    (91) On September 30, 1983, the Ohio Environmental Protection Agency
(OEPA) submitted a revision request to the ozone SIP for Ludlow Flexible
Packaging, Inc. (Ludlow), located in Mt. Vernon (Knox County), Ohio.
This revision was in the form of variances and permits that established
a bubble with monthly averaging between 22 paper coating and printing
lines (sources K001-K022) and a compliance date extension to June 30,
1987. On January 13, 1987, the OEPA submitted additional information
concerning this revision stating that several of the printing lines have
been or will be permanently shut down and the remaining lines will be
controlled by thermal incineration in accordance with OAC Rule 3745-21-
09(Y). In addition, four of the paper coating lines (K017-K019, K022)
have been removed from the plant. Therefore, only eight paper coating
lines (K011-K016, K020 and K021) remain under the bubble. This revision
exempts these lines from the control requirements contained in Ohio
Administrative Code (OAC) Rules 3745-21-09(F) and 3745-21-09(Y). These
variances and permits expire on April 22, 1996.
    The accommodative SIP for Knox County will be canceled upon approval
of this SIP revision.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references Special Terms and
Conditions Numbers 1-7 within each of the 5 ``State of Ohio
Environmental Protection Agency Variance to Operate an Air Contaminant
Source,'' Application Numbers 0342010111K011-0342010111K015, as they
apply to Ludlow Flexible Packaging, Inc., located in Mt. Vernon, Ohio.
The Date of Issuance is September 23, 1983.
[[Page 344]]
    (B) Condition Number 8 (which references Special Terms and
Conditions Numbers 1-7) within each of the 3 ``State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source,'' Application Numbers 0342010111K016, 0342010111K020, and
0342010111K021, as they apply to Ludlow Flexible Packaging, Inc.,
located in Mt. Vernon, Ohio. The Date of Issuance is September 23, 1983.
    (ii) Additional material.
    (A) January 13, 1987, letter from Patricia P. Walling, Chief,
Division of Air Pollution Control, Ohio Environmental Protection Agency;
to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental
Protection agency.
    (92) On October 16, 1991, and March 17, 1993, the Ohio Environmental
Protection Agency (OEPA) submitted revisions to the State Implementation
Plan for sulfur dioxide for sources in Hamilton County, Ohio.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-03 Attainment dates
and compliance time schedules, Sections (A)(2)(c); (B)(7)(a); (B)(7)(b);
(C)(8)(a); (C)(8)(b); (C)(9)(a); (C)(9)(b); (D)(1); (D)(2); dated
October 11, 1991, and effective on October 31, 1991.
    (B) Ohio Administrative Code (OAC) Rule 3745-18-04 Measurement
methods and procedures, Sections (D)(7); (D)(8)(a) to (D)(8)(e); (E)(5);
(E)(6)(a); (E)(6)(b); (F); (G)(1) to (G)(4); (I); dated October 11,
1991, and effective on October 31, 1991.
    (C) Ohio Administrative Code (OAC) Rule 3745-18-37, Hamilton county
emission limits, dated February 22, 1993, and effective on March 10,
1993.
    (D) Director's Final Findings and Order for Cincinnati Gas and
Electric Company, Miami Fort Station, dated February 22, 1993.
    (93) In a letter dated October 16, 1992, the OEPA submitted a
revision to the Carbon Monoxide State Implementation Plan for Cuyahoga
County. This revision contains a maintenance plan that the area will use
to maintain the CO NAAQS. The maintenance plan contains an oxygenated
fuels program as a contingency measure to be implemented if the area
violates the CO NAAQS.
    (i) Incorporation by reference.
    (A) Letter dated October 16, 1992, from Donald R. Schregardus,
Director, Ohio Environmental Protection Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosures entitled ``Table 1 Cuyahoga County Carbon Monoxide
Emission Inventory'', Enclosure B ``Cuyahoga County carbon monoxide SIP
submittal'', and section 6.0 of Enclosure C ``Cuyahoga County Carbon
Monoxide Modeling Study Final Report.''
    (ii) Additional information.
    (A) Letter dated January 14, 1993, from Donald R. Schregardus,
Director, Ohio Environmental Protection Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (B) Letter dated February 10, 1993, from Robert F. Hodanbosi, Chief,
Division of Air Pollution Control, Ohio Environmental Protection Agency
to David Kee, Director, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5.
    (C) Letter dated July 29, 1993, from Robert F. Hodanbosi, Chief,
Division of Air Pollution Control, Ohio Environmental Protection Agency
to David Kee, Director, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5.
    (94) On June 24, 1985, the Ohio Environmental Protection Agency
submitted revisions to its ozone control State Implementation Plan which
would establish a volatile organic compounds (VOC) bubble and
alternative VOC reasonably available control technology for vinyl and U-
frame vinyl coating lines at Columbus Coated Fabrics in Franklin County,
Ohio.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references special Terms and
Conditions Numbers 1 through 7) within each of 15 State of Ohio
Environmental Protection Agency Permits and Variances to Operate an Air
Contaminant Source, Application Numbers 0125040031 K001 through
0125040031 K015 for Columbus Coated Fabrics. The date of issuance is
November 2, 1983. These permits and variances are approved for the
period 12/12/85 to 1/6/92.
    (B) Condition Number 8 (which references special Terms and
Conditions
[[Page 345]]
Numbers 1 through 4) within each of 11 State of Ohio Environmental
Protection Agency Variances to Operate an Air Contaminant Source,
Application Numbers 0125040031 K016 through 0125040031 K026 for Columbus
Coated Fabrics. The date of issuance is November 2, 1983. These
variances are approved for the period 4/1/82 to 1/6/92.
    (C) State of Ohio Environmental Protection Agency Orders to Modify
Variances to Operate modifying Special Condition Number 1 of Ohio
Environmental Protection Agency Variances to Operate an Air Contaminant
Source, Application Numbers 0125040031 K016 through 0125040031 K026 for
Columbus Coated Fabrics. The date of issuance is May 21, 1985. These
orders are approved for the period 4/1/82 to 1/6/92.
    (95) On October 16, 1992, the State of Ohio submitted the tailpipe
test inspection and maintenance program revisions to its carbon monoxide
implementation plan for Cuyahoga County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code: amended rules, 3745-26-01 through
3745-26-09, effective May 15, 1990, and new rules, 3745-26-10 and 3745-
26-11, effective May 15, 1990.
    (ii) Additional materials-remainder of the State submittal.
    (A) Letter from the Director, Ohio Environmental Protection Agency,
dated November 18, 1992, and additional materials.
    (96) On June 9, 1988, and August 24, 1990, the Ohio Environmental
Protection Agency (OEPA) submitted revisions to the State Implementation
Plan for ozone. The revisions consist of new non-Control Technique
Guideline volatile organic compound (VOC) rules and corrections to
existing VOC rules.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01,
Definitions, Paragraphs (A), (B), (C), (D)(1) through (5), (D)(7),
(D)(9) through (62), (E) through (S); effective August 22, 1990.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time
Schedules, Paragraphs (A), (B), (C); effective August 22, 1990.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraphs (A), (B), (C)
through (H), (J), (K), (M), (P), (S), (T), (V), (X), (Y), (BB), (CC),
(FF) through (NN), (PP), effective August 22, 1990.
    (D) OEPA OAC Rule 3745-21-10, Compliance Test Methods and
Procedures, Paragraphs (B), (D), (F), (G), (I) through (N), (P);
effective August 22, 1990.
    (97) On November 14, 1991, December 4, 1991, and January 8, 1992,
OEPA submitted revisions to its particulate matter plan, including
Statewide rule revisions, rule revisions for specific facilities in
Cuyahoga and Jefferson Counties, and supplemental materials to address
the requirements of part D of title I of the Clean Air Act for the
Cuyahoga and Jefferson County nonattainment areas. Rules 3745-17-
03(B)(10)(c) and 3745-17-12(P)(6)(a) (concerning quench water limits)
are not approved.
    (i) Incorporation by reference.
    (A) Rule 3745-17-01--Definitions, effective December 6, 1991.
    (B) Rule 3745-17-02--Ambient air quality standards, effective June
14, 1991.
    (C) Rule 3745-17-03--Measurement methods and procedures, effective
December 6, 1991, except for paragraph (B)(10)(c) which is disapproved.
    (D) Rule 3745-17-04--Compliance time schedules, effective December
6, 1991.
    (E) Rule 3745-17-07--Control of visible particulate emissions from
stationary sources, effective June 14, 1991.
    (F) Rule 3745-17-08--Restriction of emission of fugitive dust,
effective June 14, 1991.
    (G) Rule 3745-17-09--Restrictions on particulate emissions and odors
from incinerators, effective July 9, 1991.
    (H) Rule 3745-17-10--Restrictions on particulate emissions from fuel
burning equipment, effective June 14, 1991.
    (I) Rule 3745-17-11--Restrictions on particulate emissions from
industrial processes, effective June 14, 1991.
    (J) Rule 3745-17-12--Additional restrictions on particulate
emissions from specific air contaminant sources in Cuyahoga County,
effective December 6, 1991, except for paragraph (P)(6)(a) which is
disapproved.
    (K) Rule 3745-17-13--Additional restrictions on particulate
emissions from specific air contaminant sources
[[Page 346]]
in Jefferson County, effective December 6, 1991.
    (L) Rule 3745-17-14--Contingency plan requirements for Cuyahoga and
Jefferson Counties, effective December 6, 1991.
    (M) Rule 3745-75-01--Applicability and definitions, effective July
9, 1991.
    (N) Rule 3745-75-02--Emission limits, effective July 9, 1991.
    (O) Rule 3745-75-03--Design parameters and operating restrictions,
effective July 9, 1991.
    (P) Rule 3745-75-04--Monitoring requirements, effective July 9,
1991.
    (Q) Rule 3745-75-05--Recordkeeping, effective July 9, 1991.
    (R) Rule 3745-75-06--Certification and compliance time schedules,
effective July 9, 1991.
    (ii) Additional information.
    (A) Appendices A through P to a letter from Donald Schregardus to
Valdas Adamkus dated November 14, 1991, providing emissions inventories
and modeling demonstrations of attainment for the Cleveland and
Steubenville areas and providing other related information.
    (B) A letter from Donald Schregardus to Valdas Adamkus dated
December 4, 1991, and attachments, supplementing the November 14, 1991,
submittal.
    (C) A letter from Donald Schregardus to Valdas Adamkus dated January
8, 1992, and attachments, supplementing the November 14, 1991,
submittal.
    (98) On April 20, 1994, and March 7, 1995, Ohio submitted Rule 3745-
35-07, entitled ``Federally Enforceable Limitations on Potential to
Emit,'' and requested authority to issue such limitations as conditions
in State operating permits.
    (i) Incorporation by reference. Rule 3745-35-07, adopted November 3,
1994, effective November 18, 1994.
    (99)  [Reserved]
    (100) On March 22, 1994, the Ohio Environmental Protection Agency
submitted a revision request to Ohio's ozone SIP for approval of the
State's emissions statement program. The emissions statement program
requirements apply to sources in the following counties: Ashtabula,
Butler, Clark, Clermont, Cuyahoga, Delaware, Franklin, Geauga, Greene,
Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami,
Montgomery, Portage, Stark, Summit, Trumbull, Warren, and Wood.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-24-01, 3745-24-02, 3745-24-
03, and 3745-24-04, effective April 1, 1994.
    (101) On November 12, 1993 the Ohio Environmental Protection Agency
submitted a vehicle inspection and maintenance program in accordance
with section 110 of the Clean Air Act as amended in 1990. The new
program replaces I/M programs in operation in the Cleveland and
Cincinnati areas and establishes new programs in Dayton and any area
designated moderate nonattainment or any area where local planning
authorities have requested the State to implement a program.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Amended Rules 3745-26-01, 3754-26-02,
3745-26-10, and rules 3745-26-12, 3745-26-13, and 3745-26-14, all made
effective on June 13, 1994.
    (ii) Other material.
    (A) Certification letter from the Director of the Ohio Environmental
Protection Agency regarding the State process in developing the I/M
rules and the I/M program.
    (B) Letter dated June 22, 1994, from the Director of OEPA regarding
implementation of an I/M program in the Toledo area in the event the
State's request for redesignation to attainment for that area is not
approved by USEPA.
    (102) On June 7, 1993, and February 17, 1995, the Ohio Environmental
Protection Agency (OEPA) submitted revisions to the State Implementation
Plan (SIP) for ozone. The revisions include 19 new non-Control Technique
Guideline volatile organic compound (VOC) rules, Findings and Orders for
5 companies, and two permits to install.
    (i) Incorporation by reference.
    (A) OEPA OAC Rule 3745-21-01, Definitions, Paragraphs (Q); (T);
effective January 17, 1995.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time
Schedules, Paragraphs (C)(40); (C)(41); (C)(46); (C)(48); (C)(49);
(C)(50); (C)(51); (C)(53); (C)(54); (C)(59); (C)(60); (C)(61); (C)(62);
effective January 17, 1995.
[[Page 347]]
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraphs (FF), (GG), (HH),
(II), (JJ), (KK), (LL), (MM), (NN), (OO), (PP), (QQ), (SS), (TT), (YY),
(ZZ), (AAA); (BBB); effective January 17, 1995.
    (D) Director's Final Findings and Orders for AK Steel Corporation
(Middletown), International Paper Company (Cincinnati), Midwest Mica &
Insulation Company (Cleveland), Reilly Industries, Inc. (Cleveland), and
Sprayon Products, Inc. (Bedford Heights), Issued by Ohio Environmental
Protection Agency on August 18, 1995.
    (E) Permit to Install, Application Number 13-2396, for Excello
Specialty Company, APS Premise Number 1318607686. The date of issuance
is December 11, 1991.
    (F) Permit to Install, Application Number 14-2096, for Hilton Davis
Company, APS Premise Number 1431070039. The date of issuance is June 12,
1991.
    (103) On June 7, 1993, and February 17, 1995, the Ohio Environmental
Protection Agency (OEPA) submitted revisions to the State Implementation
Plan (SIP) for ozone. The revisions include one new non-Control
Technique Guideline volatile organic compound (VOC) rule, corrections to
existing VOC rules, and two permits-to-install.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01,
Definitions, Paragraphs (B)(1), (B)(2), (B)(6), (D)(6), (D)(8), (D)(22),
(D)(45), (D)(48), (D)(58), (M)(8); effective January 17, 1995.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time
Schedules, Paragraphs (B), (C)(3)(c), (C)(4)(b), (C)(5)(b), (C)(6)(b),
(C)(8) (b) and (c), (C)(9)(b), (C)(10)(b), (C)(19) (b), (c), and (d),
(C)(28)(b), (C)(38), (C)(39), (C)(42), (C)(43), (C)(44), (C)(45),
(C)(47), (C)(55), (C)(65); effective January 17, 1995.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraphs (A), (C) through
(L), (N) through (T), (X), (Y), (Z), (BB), (CC), (DD), (UU), Appendix A;
effective January 17, 1995.
    (D) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraph (B) except
(B)(3)(d) and (e) for the Ohio Counties of Ashtabula, Butler, Clermont,
Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and
Warren; effective January 17, 1995.
    (E) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraph (U) except
(U)(1)(h) statewide and (U)(2)(e)(ii) for the Ohio Counties of
Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain,
Medina, Portage, Summit, and Warren; effective January 17, 1995.
    (F) OEPA OAC Rule 3745-21-10, Compliance Test Methods and
Procedures, Paragraphs (A), (B), (C), (E), (O); effective January 17,
1995.
    (G) Permit to Install, Application Number 04-204, for Abitibi-Price
Corporation, APS Premise Number 0448011192. The date of issuance is July
7, 1983.
    (H) Permit to Install, Application Number 08-3273, for General
Motors Corporation Delco Chassis Division, APS Premise Number
0857040935. The date of issuance is February 13, 1995.
    (ii) Additional material.
    (A) On June 7, 1993, the OEPA submitted negative declarations for
the source categories of polypropylene or high density polyethylene
resin manufacturing, natural gas/gasoline processing plants, and surface
coating of flat wood paneling. These negative declarations are approved
into the Ohio ozone SIP.
    (B) On February 21, 1995, the OEPA submitted a list of facilities
subject to the post-enactment source categories listed in Appendix E to
the General Preamble. 57 FR 18070, 18077 (April 28, 1992). This list is
approved into the Ohio ozone SIP.
    (104) On June 7, 1993, the Ohio Environmental Protection Agency
(OEPA) submitted a revision request to Ohio's ozone SIP for approval of
the State's Stage II vapor recovery program. The Stage II program
requirements apply to sources in the following areas: Cincinnati-
Hamilton; Cleveland-Akron-Lorain; and Dayton-Springfield.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-04, Attainment
Dates and Compliance Time Schedules,
[[Page 348]]
Paragraph (C)(64); effective date March 31, 1993.
    (B) OEPA OAC Rule 3745-21-10, Compliance Test Methods and
Procedures, Paragraphs (Q), (R), (S), Appendices A, B, C; effective date
March 31, 1993.
    (C) Ohio Administrative Code rules 3745-21-09(DDD)(1)-(4), effective
date March 31, 1993.
    (105) On September 17, 1993, the Ohio Environmental Protection
Agency requested the redesignation of Lucas and Wood Counties to
attainment of the National Ambient Air Quality Standard for ozone. To
meet the redesignation criteria set forth by section 107(d)(3)(E) (iii)
and (iv), Ohio credited emissions reductions from the enclosure of the
``oily ditch'' at the British Petroleum Refinery in Oregon, Ohio. The
USEPA is approving the Director's Finding and Order which requires the
enclosure of the ``oily ditch'' into the SIP for Lucas and Wood
Counties.
    (i) Incorporation by reference.
    (A) Letter dated June 2, 1994, from Donald R. Schregardus, Director,
Ohio Environmental Protection Agency, to Valdas Adamkus, Regional
Administrator, USEPA, Region 5, and one enclosure which is the revised
Director's Final Findings and Orders in the matter of BP Oil company,
Toledo Refinery, 4001 Cedar Point Road, Oregon, Ohio, Fugitive Emissions
from the Refinery Waste Water System ``Oily Ditch'', effective June 2,
1994.
    (106) On October 7, 1994, Ohio submitted four rules in Chapter 3745-
71 of the Ohio Administrative Code, entitled ``Lead Emissions,'' and
submitted a modeling demonstration that the limitations in these rules
assure attainment of the lead standard in central Cleveland.
    (i) Incorporation by reference. Rules 3745-71-01, 3745-71-03, 3745-
71-05, and 3745-71-06, all adopted September 22, 1994, and effective
October 4, 1994.
    (ii) Additional material. A submittal letter from the Director of
the Ohio Environmental Protection Agency, with attachments documenting a
modeling analysis of lead concentrations near the Master Metals
secondary lead smelter.
    (107) Approval--On August 17, 1995, the Ohio Environmental
Protection Agency submitted a revision to the State Implementation Plan
for general conformity rules. The general conformity rules enable the
State of Ohio 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. August 1, 1995, Ohio Administrative
Code Chapter 3745-102, effective August 21, 1995.
    (108)  [Reserved]
    (109) On July 17, 1995, Ohio submitted a Particulate Matter (PM)
contingency measures State Implementation Plan (SIP) revision request.
The submittal includes Final Findings and Orders for 5 companies. The
Findings and Orders provide PM emission reductions which will take
effect if an area fails to attain the National Ambient Air Quality
Standards for PM.
    (i) Incorporation by reference.
    Director's Final Findings and Orders for Ford Motor Company
(Cleveland Casting Plant), T&B Foundry Company, International Mill
Service, Luria Brothers, and United Ready Mix, issued by the Ohio
Environmental Protection Agency on July 10, 1995.
    (110) On November 3, 1995, December 21, 1995, and March 21, 1996,
OEPA submitted revisions to its particulate matter plan, addressing
prior deficiencies in its plans for Cuyahoga and Jefferson Counties.
    (i) Incorporation by reference.
    (A) Rule 3745-17-03--Rule 3745-17-03--Measurement methods and
procedures, effective November 15, 1995.
    (B) Rule 3745-17-04--Compliance time schedules, effective November
15, 1995.
    (C) Rule 3745-17-12--Additional restrictions on particulate
emissions from specific air contaminant sources in Cuyahoga County,
effective November 15, 1995.
    (D) Findings and Orders issued to the Wheeling-Pittsburgh Steel
Corporation, signed by Donald Schregardus and effective on October 31,
1995.
    (ii) Additional material--Dispersion modeling analyses for the
Steubenville area and for Cuyahoga County near Ford's Cleveland Casting
Plant.
[[Page 349]]
    (111) On July 18, 1996, the Ohio Environmental Protection Agency
submitted a site specific State Implementation Plan revision for Ohio
Edison's Sammis and Toronto plants for Sulfur Dioxide. The revisions for
the Sammis plant provide ``as an alternative'' to the existing boiler
specific regulations a limit of ``2.91 lbs./MMBTU actual heat input from
each boiler''. The regulation for the Toronto plant reduces allowable
emissions to 2.0 lbs./MMBTU.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-47, effective July
25, 1996.
    (112) On August 29, 1996, the United States Environmental Protection
Agency received from the Ohio Environmental Protection Agency, changes
to the approved vehicle inspection and maintenance (I/M) program which
control the release of volatile organic compounds from vehicles. These
changes provide a repair spending cap of $300 and a temporary hardship
extension of time up to 6 months for owners to perform needed repairs on
vehicles which fail the I/M program test.
    (i) Incorporation by reference.
    (A) Rule 3745-26-01--Definitions effective May 15, 1996.
    (B) Rule 3745-26-12--Requirements for motor vehicle owners in the
enhanced or opt-in enhanced automobile inspection and maintenance
program, effective May 15, 1996.
    (113) On August 30, 1996, Ohio submitted a request to extend the
exemption from opacity limits for the boilers at Ford's Cleveland Engine
Plant 1 to six hours after start-up.
    (i) Incorporation by reference.
    (A) Findings and Orders for boilers number 1 through number 5 at
Ford's Cleveland Engine Plant 1, signed by Donald Schregardus on May 31,
1996.
    (114) On November 12, 1996, the Ohio Environmental Protection Agency
submitted a request to incorporate section(G)(9)(g) of Rule 3745-21-07
of the Ohio Administrative Code into the Ohio State Implementation Plan
(SIP). Section (G)(9)(g) provides an additional exemption from organic
compound emission controls for qualifying new sources. Because, in the
process of adopting section(G)(9)(g), minor editorial changes were made
to other parts of Rule 3745-21-07, the United States Environmental
Protection Agency is incorporating all of Rule 3745-21-07 into the Ohio
SIP. This will avoid confusion by making the SIP approved rule identical
to the current State rule.
    (i) Incorporation by reference.
    (A) Rule 3745-21-07 of the Ohio Administrative Code, adopted October
7, 1996, effective October 31, 1996, as certified by Donald R.
Schregardus, Director of the Ohio Environmental Protection Agency.
    (115) On January 3, 1997, the Ohio EPA submitted a revision to the
Hamilton County sulfur dioxide implementation plan for the Procter and
Gamble Company, Ohio Administrative Code 3745-18-37(GG)(2), which limits
combined average operating rate of all boilers (B001, B008, B021, and
B022) to a maximum of 922 million BTU per hour for any calendar day.
Boilers B001 and B008 are each allowed to emit 1.1 pounds of sulfur
dioxide per million BTU actual heat input. Boiler B021 is limited to
1.50 pounds of sulfur dioxide per million BTU; and boiler B022 is
limited to 2.0 pounds of sulfur dioxide per million BTU average heat
input.
    (I) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-37(GG)(2), Hamilton
County emission limits, dated December 17, 1996, for Procter and Gamble
Company.
    (B) Director's Findings and Orders in the matter of the adoption of
amended Rule 3745-18-37 of the Ohio Administrative Code, dated December
17, 1996.
    (ii) Additional Materials.
    (A) Letter from Ohio EPA Director Donald R. Schregardus to Regional
Administrator Valdas Adamkus, dated January 3, 1997.
    (B) Letter from Ohio EPA Air Pollution Control Division Chief,
Robert Hodanbosi to EPA dated August 11, 1997.
    (116) On December 9, 1996, the Ohio Environmental Protection Agency
submitted two revisions to its sulfur dioxide rules. The first revision
provides adjusted, State adopted limits for a Sun Oil Company facility.
The second revision, applicable Statewide, exempts sources from
operating hour limits on days when only natural gas is burned. Further,
by letter of December 15, 1997,
[[Page 350]]
the State requested that U.S. Environmental Protection Agency address
the addition of emission limits for stationary gas turbines and
stationary internal combustion engines in rule 3745-18-06 that have been
adopted previously.
    (i) Incorporation by reference. (A) Ohio Administrative Code (OAC)
rule 3745-18-54 (O) and OAC rule 3745-18-06, adopted October 7, 1996,
effective October 31, 1996.
    (117) On August 1, 1997 the Ohio Environmental Protection Agency
submitted a requested revision to the Ohio State Implementation Plan.
This revision constituted amendments to the emissions statement
reporting regulations approved on October 13, 1994 and codified in
paragraph (c)(100) of this section. The revision is intended to limit
the applicability of these rules to stationary sources located within
the State's marginal and above ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-24-02 Applicability.
Effective July 31, 1997.
    (118) On August 20, 1998, Ohio submitted material including State
adopted limits for Lake County, and requested approval of limits for the
Ohio First Energy Eastlake Plant and the Ohio Rubber Company Plant.
    (i) Incorporation by reference.
    (A) Rule 3745-18-49 (G) and (H) of the Ohio Administrative Code,
effective May 11, 1987.
    (119) On September 21, 1998, Ohio submitted revisions to its Permit
to Operate rules as a revision to the State implementation plan.
    (i) Incorporation by reference
    (A) Ohio Administrative Code 3745-35-02, adopted April 4, 1994,
effective April 20, 1994.
    (120) On January 3, 1999, Ohio submitted, as a State implementation
plan revision, de minimus exemption provisions for its permitting rules.
    (i) Incorporation by reference
    (A) Ohio Administrative Code 3745-15-05, adopted April 4, 1994,
effective April 20, 1994.
    (121) On March 20, 2000, the Ohio Environmental Protection Agency
submitted rules to control sulfur dioxide emissions in Coshocton, Gallia
and Lorain Counties.
    (i) Incorporation by reference. Rules OAC 3745-18-22; OAC 3745-18-
33; and OAC 3745-18-53. Adopted March 1, 2000; effective March 21, 2000.
    (122) On October 6, 1999, the Ohio Environmental Protection Agency
submitted revised Transportation Conformity rules for the State of Ohio.
The submittal made revisions to the current State plan for the
implementation of the federal transportation conformity requirements at
the State and local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation
Plans, Programs, and Projects Developed, Funded or Approved Under Title
23 U.S.C. or the Federal Transit Act. Only certain sections of the
submittal are approved.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code: amended rules, OAC 3745-101-02, OAC
3745-101-03 (A), (B), (C), (D), (G), (H), (I), (J), (K), (L), except (E)
and (F), OAC 3745-101-05, OAC 3745-101-06, OAC 3745-101-07 (A), (B), (C)
except for (C)(1)(a) and (C)(2)(a), (D), (E), (F), (G), (H), (I), (J),
OAC 3745-101-08, OAC 3745-101-09, OAC 3745-101-10, OAC 3745-101-11, OAC
3745-101-12 except for (A)(2), OAC 3745-101-13 except (A)(1), OAC 3745-
101-14, OAC 3745-101-15, OAC 3745-101-17, OAC 3745-101-18, OAC 3745-101-
19, effective on February 16, 1999.
    (B) No action is being taken on: OAC 3745-101-04.
[37 FR 10886, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1870, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
    Effective Date Note: 1. At 65 FR 34398, May 30, 2000, Sec. 52.1870
was amended by adding paragraph (c)(122), effective July 31, 2000.
    2. At 65 FR 35581, June 5, 2000, Sec. 52.1870 was further amended by
adding paragraph (c)(121), effective July 5, 2000.
Sec. 52.1871  Classification of regions.
    The Ohio plan was evaluated on the basis of the following
classifications:
[[Page 351]]
----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Greater Metropolitan Cleveland Intrastate.................           I          I       III       III          I
Huntington (West Virginia)-Ashland (Kentucky)-Portsmouth-            I        III       III       III        III
 Ironton (Ohio) Interstate................................
Mansfield-Marion Intrastate...............................          II         II       III       III        III
Metropolitan Cincinnati Interstate........................           I         II       III       III          I
Metropolitan Columbus Intrastate..........................           I        III       III       III          I
Metropolitan Dayton Intrastate............................           I         II       III       III          I
Metropolitan Toledo Interstate............................           I          I       III       III          I
Northwest Ohio Intrastate.................................          II          I       III       III        III
Northwest Pennsylvania-Youngstown Interstate..............           I         II       III       III        III
Parkersburg (West Virginia)-Marietta (Ohio) Interstate....           I         II       III       III        III
Sandusky Intrastate.......................................         III        III       III       III        III
Steubenville-Weirton-Wheeling Interstate..................           I          I       III       III        III
Wilmington-Chillicothe-Logan Intrastate...................         III        III       III       III        III
Zanesville-Cambridge Intrastate...........................          II         IA       III       III        III
----------------------------------------------------------------------------------------------------------------
[37 FR 10886, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45
FR 72146, Oct. 31, 1980]
Sec. 52.1872  [Reserved]
Sec. 52.1873  Approval status.
    With the exceptions set forth in this subpart the Administrator
approves Ohio's plan for the attainment and maintenance of the National
Ambient Air Quality Standards under section 110 of the Clean Air Act.
Furthermore, the Administrator finds the plan satisfies all the
requirements of Part D, Title 1 of the Clean Air Act as amended in 1977,
except as noted below. In addition, continued satisfaction of the
requirements of Part D for the ozone portion of the SIP depends on the
adoption and submittal of RACT requirements by January 1, 1981 for the
sources covered by CTGs between January 1978 and January 1979 and
adoption and submittal by each subsequent January of additional RACT
requirements for sources covered by CTGs issued by the previous January.
[45 FR 72146, Oct. 31, 1980, as amended at 47 FR 28099, June 29, 1982]
Sec. 52.1874  [Reserved]
Sec. 52.1875  Attainment dates for achieving the sulfur dioxide
          secondary standard.
    The attainment date for achieving the sulfur dioxide
(SO<INF>2</INF>) secondary national ambient air quality standard (NAAQS)
is August 27, 1979 except as follows. The following sources are required
to achieve the secondary SO<INF>2</INF> NAAQS by June 17, 1980:
Youngstown Sheet & Tube Co.; PPG Industries, Inc.; Wheeling-Pittsburgh
Steel Corp.; Pittsburgh-Canfield Corporation; The Timken Company; The
Sun Oil Co.; Sheller-Globe Corp.; The B.F. Goodrich Company; Phillips
Petroleum Co.; Shell Oil Co.; Federal Paper Board Co.; The Firestone
Tire & Rubber Co.; Republic Steel Corp.; Chase Bag Co.; White-
Westinghouse Corp.; U.S. Steel Corp.; Interlake, Inc.; Austin Power Co.;
Diamond Crystal Salt Co.; The Goodyear Tire & Rubber Co.; The Gulf Oil
Co.; The Standard Oil Co.; Champion International Corp.; Koppers Co.,
Inc.; General Motors Corp.; E.I. duPont de Nemours and Co.; Coulton
Chemical Corp.; Allied Chemical Corp.; Specialty Chemical Division; The
Hoover Co.; Aluminum Co. of America; Ohio Greenhouse Asso.; Armco Steel
Corp.; Buckeye Power, Inc.; Cincinnati Gas and Electric; Cleveland
Electric Illuminating Co.; Columbus and Southern Ohio Electric; Dayton
Power and Light Co.; Duquesne Light Co.; Ohio Edison Co.; Ohio Electric
Co.; Pennsylvania Power Co.; Toledo Edison Co.; Ohio Edison Co.; RCA
Rubber Co. The Ashland Oil Company is subject to a secondary
SO<INF>2</INF> NAAQS attainment date of September 14, 1982. The
following sources located in Summit County are required to achieve the
secondary SO<INF>2</INF> NAAQS by January 4, 1983: Diamond Crystal Salt;
Firestone Tire & Rubber Co.; General Tire & Rubber Co.; General Tire &
Rubber; B.F. Goodrich Co.; Goodyear Aerospace Corp.; Goodyear
[[Page 352]]
Tire & Rubber Co.; Chrysler Corp.; PPG Industries Inc.; Seiberling Tire
& Rubber; Terex Division of General Motors Corp.; Midwest Rubber
Reclaiming; Kittinger Supply Co. The boiler of PPG Industries, Inc.
located in Summit County must achieve attainment of the secondary
SO<INF>2</INF> NAAQS by August 25, 1983. The Portsmouth Gaseous
Diffusion Plant in Pike County is required to attain the secondary
SO<INF>2</INF> NAAQS by November 5, 1984. The Ohio Power Company Galvin
Plant located in Gallia County is required to attain the secondary
SO<INF>2</INF> NAAQS by August 25, 1985.
[61 FR 16062, Apr. 11, 1996]
Sec. 52.1876  [Reserved]
Sec. 52.1877  Control strategy: Photochemical oxidants (hydrocarbons).
    (a) The requirements of Subpart G of this chapter are not met
because the Ohio plan does not provide for the attainment and
maintenance of the national standard for photochemical oxidants
(hydrocarbons) in the Metropolitan Cincinnati interstate region by May
31, 1975.
    (b) The requirements of Sec. 52.14 are not met by Rule 3745-21-
09(N)(3) (a) and (e); Rule 3745-21-09(Z)(1)(a); Rule 3745-21-10, Section
G; and Rule 3745-21-10, Section H, because these Ohio Rules do not
provide for attainment and maintenance of the photochemical oxidant
(hydrocarbon) standards throughout Ohio.
    (1) USEPA is disapproving new exemptions for the use of cutback
asphalt [(Rule 3745-21-09(N)(3) (a) and (e)], because Ohio did not
provide documentation regarding the temperature ranges in the additional
two months that the State permits the use of cutback asphalts, and a
lack of training is not sufficient reason for the 1000 gallons
exemptions.
    (2) USEPA is disapproving Section V [Rule 3745-21-09(V)], because it
contains an alternative leak testing procedure for gasoline tank trucks
which USEPA finds to be unapprovable.
    (3) USEPA is disapproving exclusion of the external floating roof
(crude oil) storage tanks from the secondary seal requirement [Rule
3745-21-09(Z)(1)(a)], because Ohio has not demonstrated that the
relaxation would not interfere with the timely attainment and
maintenance of the NAAQS for ozone.
    (4) USEPA is disapproving compliance test method Section G, [Rule
3745-21-10] as an alternative leak testing procedure for gasoline tank
trucks, because such action on Section G, is consistent with USEPA's
action on Rule 3745-21-09(V), which USEPA finds to be unapprovable.
    (5) USEPA is disapproving compliance test method Section H, [Rule
3745-21-10], which involves a pressure test of only the vapor recovery
lines and associated equipment. Compliance test method Section H is
inconsistent with USEPA's control technique guidances and with tank
truck certification regulations that are in effect in 19 other States.
In addition, OEPA has presented no acceptable evidence demonstrating why
this rule constitutes RACT.
[38 FR 30974, Nov. 8, 1973, as amended at 39 FR 13542, Apr. 15, 1974; 51
FR 40676, Nov. 7, 1986; 54 FR 1940, Jan. 18, 1989]
Sec. 52.1878  [Reserved]
Sec. 52.1879  Review of new sources and modifications.
    (a) The requirements of sections 172, 173, 182, and 189 for
permitting of major new sources and major modifications in nonattainment
areas for ozone, particulate matter, sulfur dioxide, and carbon monoxide
are not met, because Ohio's regulations exempt source categories which
may not be exempted and because the State has not adopted the new
permitting requirements of the Clean Air Act Amendments of 1990 in a
clear or enforceable manner.
    (b) [Reserved]
    (c) The requirements of Sec. 51.161 of this chapter are not met
because the State failed to submit procedures providing for public
comment on review of new or modified stationary sources.
    (d) Regulation providing for public comment. (1) For purposes of
this paragraph, Director shall mean the Director of the Ohio
Environmental Protection Agency.
    (2) Prior to approval or disapproval of the construction or
modification of a stationary source, the Director shall:
    (i) Make a preliminary determination whether construction or
modification
[[Page 353]]
of the stationary source should be approved, approved with conditions or
disapproved;
    (ii) Make available in at least one location in the region in which
the proposed stationary source would be constructed or modified, a copy
of all materials submitted by the owner or operator, a copy of the
Director's preliminary determination, and a copy or summary of other
materials, if any, considered by the Director in making his preliminary
determination; and
    (iii) Notify the public, by prominent advertisement in a newspaper
of general circulation in the region in which the proposed stationary
source would be constructed or modified, of the opportunity for public
comment on the information submitted by the owner or operator and the
Director's preliminary determination on the approvability of the new or
modified stationary source.
    (3) A copy of the notice required pursuant to this paragraph shall
be sent to the Administrator through the appropriate regional office and
to all other State and local air pollution control agencies having
jurisdiction within the region where the stationary source will be
constructed or modified.
    (4) Public comments submitted in writing within 30 days of the date
such information is made available shall be considered by the Director
in making his final decision on the application.
    (e) Approval--EPA is approving requests submitted by the State of
Ohio on March 18, November 1, and November 15, 1994, for exemption from
the requirements contained in section 182(f) of the Clean Air Act. This
approval exempts the following counties in Ohio from the NO<INF>X</INF>
related general and transportation conformity provisions and
nonattainment area NSR for new sources and modifications that are major
for NO<INF>X</INF>: Clinton, Columbiana, Delaware, Franklin, Jefferson,
Licking, Mahoning, Preble, Stark, and Trumbull. This approval also
exempts the following counties in Ohio from the NO<INF>X</INF> related
general conformity provisions; nonattainment area NSR for new sources
and modifications that are major for NO<INF>X</INF>; NO<INF>X</INF>
RACT; and a demonstration of compliance with the enhanced I/M
performance standard for NO<INF>X</INF>: Ashtabula, Cuyahoga, Geauga,
Lake, Lorain, Medina, Portage, and Summit.
    (f) Approval--USEPA is approving two exemption requests submitted by
the Ohio Environmental Protection Agency on September 20, 1993, and
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas,
respectively, from the requirements contained in Section 182(f) of the
Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene,
Miami, and Montgomery Counties from the requirements to implement
reasonably available control technology (RACT) for major sources of
nitrogen oxides (NO<INF>X</INF>), nonattainment area new source review
(NSR) for new sources and modifications that are major for
NO<INF>X</INF>, and the NO<INF>X</INF>-related requirements of the
general and transportation conformity provisions. For the Dayton ozone
nonattainment area, the Dayton local area has opted for an enhanced
inspection and maintenance (I/M) programs. Upon final approval of this
exemption, the Clark, Greene, Miami, and Montgomery Counties shall not
be required to demonstrate compliance with the enhanced I/M performance
standard for NO<INF>X</INF>. If a violation of the ozone NAAQS is
monitored in the Toledo or Dayton area(s), the exemptions from the
requirements of Section 182(f) of the Act in the applicable area(s)
shall no longer apply.
    (g) Approval--EPA is approving an exemption from the requirements
contained in section 182(f) of the Clean Air Act. This approval exempts
Butler, Clermont, Hamilton, and Warren counties in Ohio from
nonattainment NSR for new sources and modifications that are major for
NO<INF>X</INF>.
[39 FR 13542, Apr. 15, 1974, as amended at 45 FR 72122, Oct. 31, 1980;
45 FR 82927, Dec. 17, 1980; 51 FR 40677, Nov. 7, 1986; 58 FR 47214,
Sept. 8, 1993; 59 FR 48395, Sept. 21, 1994; 60 FR 3766, Jan. 19, 1995;
60 FR 36060, July 13, 1995; 65 FR 37899, June 19, 2000]
    Effective Date Note: At 65 FR 37899, June 19, 2000, Sec. 52.1879 was
amended by revising paragraph (e) and by adding paragraph (g), effective
July 5, 2000. For your convenience, the superseded text follows:
[[Page 354]]
Sec. 52.1879  Review of new sources and modifications.
                                * * * * *
    (e) Approval-- The USEPA is approving exemption requests submitted
by the State of Ohio on March 18, November 1, and November 15, 1994,
from the requirements contained in Section 182(f) of the Clean Air Act.
This approval exempts the following counties in Ohio from the
NO<INF>X</INF>-related general and transportation conformity provisions;
and nonattainment area NSR for new sources and modifications that are
major for NO<INF>X:</INF> Clinton, Columbiana, Delaware, Franklin,
Jefferson, Licking, Mahoning, Preble, Stark, and Trumbull. This approval
also exempts the following counties in Ohio from the NO<INF>X</INF>-
related general conformity provisions, nonattainment area NSR for new
sources and modifications that are major for NO<INF>X</INF>,
NO<INF>X</INF> RACT; and a demonstration of compliance with the enhanced
I/M performance standard for NO<INF>X:</INF> Ashtabula, Butler,
Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage,
Summit and Warren. If, prior to redesignation to attainment, a violation
of the ozone NAAQS is monitored in the Canton, Cincinnati, Cleveland,
Columbus, Youngstown, and Steubenville areas, Preble County and Clinton
County, the exemptions from the requirements of Section 182(f) of the
Act in the applicable area(s) shall no longer apply.
                                * * * * *
Sec. 52.1880  Control strategy: Particulate matter.
    (a) The requirements of subpart G of this chapter are not met
because the Ohio plan does not provide for attainment and maintenance of
the secondary standards for particulate matter in the Greater
Metropolitan Cleveland Intrastate Region and the Ohio portions of the
Northwest Pennsylvania-Youngstown and the Steubenville-Weirton-Wheeling
Interstate Regions.
    (b) In Pickaway County, Columbus and Southern Ohio Electric Company,
or any subsequent owner or operator of the Picway Generating Station,
shall not operate simultaneously Units 3 and 4 (boilers 7 and 8) at any
time. These units will terminate operation no later than October 1,
1980.
    (c) Ohio Regulation EP-12 (open burning) is disapproved insofar as
EP-12-03(D)(1) and EP-12-04(D)(1) allow open burning of hazardous or
toxic materials.
    (d) Part D--Limited disapproval--Notwithstanding the approval of
rules as specified in Sec. 52.1870(c)(97), USEPA disapproves the plan
for Cuyahoga County because the plan fails to require timely
implementation of reasonably available control measures and fails to
assure attainment, and USEPA disapproves the plan for Jefferson County
because the plan fails to assure attainment.
    (e)-(f) [Reserved]
    (g) The B.F. Goodrich Chemical Plant State Implementation Plan
revision is being disapproved because it is not supported by an adequate
attainment demonstration and therefore does not meet the requirements of
Sec. 51.13(e).
    (h) Approval. On January 4, 1989, the State of Ohio submitted a
committal SIP for particulate matter with an aerodynamic diameter equal
to or less than 10 micrometers (PM<INF>10</INF>) for Ohio's Group II
areas. The Group II areas of concern are in Belmont, Butler, Columbiana,
Franklin, Hamilton, Lorain, Mahoning, Montgomery, Richland, Sandusky,
Scioto, Seneca, Stark, Summit, Trumbull, and Wyandot Counties. The
committal SIP contains all the requirements identified in the July 1,
1987, promulgation of the SIP requirements for PM<INF>10</INF> at 52 FR
24681.
    (i) Part D--Disapproval--Ohio's Part D TSP plan for the Middletown
area is disapproved. Although USEPA is disapproving the plan, the
emission limitations and other requirements in the federally approved
SIP remain in effect. See Sec. 52.1870(c)(27).
[39 FR 13542, Apr. 15, 1974, as amended at 43 FR 4259, Feb. 1, 1978; 43
FR 4611, Feb. 3, 1978; 43 FR 16736, Apr. 20, 1978; 46 FR 19472, Mar. 31,
1981; 46 FR 43423, Aug. 28, 1981; 49 FR 48544, Dec. 13, 1984; 50 FR
5250, Feb. 7, 1985; 51 FR 40676, Nov. 7, 1986; 55 FR 11371, Mar. 28,
1990; 55 FR 29846, July 23, 1990; 59 FR 27472, May 27, 1994]
Sec. 52.1881  Control strategy: Sulfur oxides (sulfur dioxide).
    (a) USEPA is approving, disapproving or taking no action on various
portions of the Ohio sulfur dioxide control plan as noticed below. The
disapproved portions of the Ohio plan do not meet the requirements of
Sec. 51.13 of this chapter
[[Page 355]]
in that they do not provide for attainment and maintenance of the
national standards for sulfur oxides (sulfur dioxide). (Where USEPA has
approved the State's sulfur dioxide plan, those regulations supersede
the federal sulfur dioxide plan contained in paragraph (b) of this
section and Sec. 52.1882.)
    (1) Approval--USEPA approves the following OAC Rule: 3745-18-01
Definitions, 3745-18-02 Ambient Air Quality Standards-Sulfur Dioxide,
3745-18-05 Ambient and Meteorological Monitoring Requirements, 3745-18-
06 General Emission Limit Provisions.
    (2) Approval--USEPA approves the Ohio Rules 3745-18-03 Attainment
Dates and Compliance Time Schedules except for those provisions listed
in Sec. 52.1881(a)(5).
    (3) Approval-USEPA approves the Ohio Rules 3745-18-04 Emission
Measurement Methods except for those provisions listed in
Sec. 52.1881(a)(6).
    (4) Approval-EPA approves the sulfur dioxide emission limits for the
following counties: Adams County (except Dayton Power & Light-Stuart),
Allen County (except Cairo Chemical), Ashland County, Ashtabula County,
Athens County, Auglaize County, Belmont County, Brown County, Carroll
County, Champaign County, Clark County, Clermont County, (except
Cincinnati Gas & Electric-Beckjord), Clinton County, Columbiana County,
Coshocton County, Crawford County, Darke County, Defiance County,
Delaware County, Erie County, Fairfield County, Fayette County, Fulton
County, Gallia County, Geauga County, Greene County, Guernsey County,
Hamilton County, Hancock County, Hardin County, Harrison County, Henry
County, Highland County, Hocking County, Holmes County, Huron County,
Jackson County, Jefferson County, Knox County, Lake County (except
Painesville Municipal Plant boiler number 5), Lawrence County (except
Allied Chemical-South Point), Licking County, Logan County, Lorain
County, Lucas County (except Gulf Oil Company, Coulton Chemical Company,
Phillips Chemical Company and Sun Oil Company), Madison County, Marion
County, Medina County, Meigs County, Mercer County, Miami County, Monroe
County, Morgan County, Montgomery County (except Bergstrom Paper, Miami
Paper), Morrow County, Muskingum County, Noble County, Ottawa County,
Paulding County, Perry County, Pickaway County, Pike County (except
Portsmouth Gaseous Diffusion Plant), Portage County, Preble County,
Putnam County, Richland County, Ross County (except Mead Corporation),
Sandusky County (except Martin Marietta Chemicals), Scioto County,
Seneca County, Shelby County, Trumbull County, Tuscarawas County, Union
County, Van Wert County, Vinton County, Warren County, Washington County
(except Shell Chemical), Wayne County, Williams County, Wood County
(except Libbey-Owens-Ford Plants Nos. 4 and 8 and No. 6), and Wyandot
County.
    (5) Disapproval--USEPA disapproves the Ohio Rule 3745-18-03(A),
Attainment Dates and also disapproves Ohio Rule 3745-18-03(C)(3)
Compliance Time Schedules for all sources electing to comply with the
regulations by utilizing complying fuels.
    (6) No Action--USEPA is neither approving nor disapproving the
following Ohio Rule pending further review: 3745-18-04(D)(2), 3745-18-
04(D)(3), 3745-18-04(E)(2), 3745-18-04(E)(3) and, 3745-18-04(E)(4)
Emission Measurement Methods.
    (7) Disapproval--USEPA disapproves Ohio Rule 3745-18-83, Emission
Limitations for Summit County.
    (8) No Action-EPA is neither approving nor disapproving the emission
limitations for the following counties/sources pending further review:
Adams County (Dayton Power & Light-Stuart), Allen County (Cairo
Chemical), Butler County, Clermont County (Cincinnati Gas & Electric-
Beckjord), Cuyahoga County, Franklin County, Lake County (Painesville
Municipal Plant boiler number 5), Lawrence County (Allied Chemical-South
Point), Lucas County (Gulf Oil Company, Coulton Chemical Company,
Phillips Chemical Company and Sun Oil Company), Mahoning County,
Montgomery County (Bergstrom Paper and Miami Paper), Pike County
(Portsmouth Gaseous Diffusion Plant), Stark County, Washington County
(Shell Chemical Company), and Wood County (Libbey-
[[Page 356]]
Owens-Ford Plants Nos. 4 and 8 and No. 6).
    (9) No Action--USEPA takes no action on the 30-day averaging
provisions contained in the Toledo Edison Company's Bay Shore Station
State Implementation Plan revision until a general review of 30-day
averaging is complete.
    (10) Approval--USEPA approves Condition 3 of the permits for the
Coulton Chemical Plant in Toledo and the E.I. duPont de Nemours and
Company plant in Miami, Ohio. This condition requires the installation
and operation of continuous emission monitors for sulfur dioxide.
    (11) Approval. USEPA approves Ohio's Good Engineering Stack Height
Regulations as contained in Ohio Administrative Code Chapter 3745-16-01
and 02. These rules were adopted by the State on February 12, 1986 and
were effective on March 5, 1986.
    (12) In a letter dated June 25, 1992, Ohio submitted a maintenance
plan for sulfur dioxide in Morgan and Washington Counties.
    (13) In a letter dated October 26, 1995, Ohio submitted a
maintenance plan for sulfur dioxide in Lake and Jefferson Counties.
    (14) On March 20, 2000, the Ohio Environmental Protection Agency
submitted maintenance plans for Coshocton, Gallia and Lorain Counties.
    (b) Regulations for the control of sulfur dioxide in the State of
Ohio.
    (1) Definitions. All terms used in this paragraph but not
specifically defined below shall have the meaning given them in the
Clean Air Act or parts 51, 52, or 60 of this chapter.
    (i) By-product coke oven gas means the gas produced during the
production of metallurgical coke in slot-type, by-product coke
batteries.
    (ii) Flue gas desulfurization means any pollution control process
which treats stationary source combustion flue gas to remove sulfur
oxides.
    (iii) Fossil fuel means natural gas, refinery fuel gas, coke oven
gas, petroleum, coal and any form of solid, liquid, or gaseous fuel
derived from such materials.
    (iv) Fossil fuel-fired steam generating unit means a furnace or
boiler used in the process of burning fossil fuel for the purpose of
producing steam by heat transfer.
    (v) Heat input means the total gross calorific value (where gross
calorific value is measured by ASTM Method D2015-66, D240-64, or D1826-
64) of all fossil and non-fossil fuels burned. Where two or more fossil
fuel-fired steam generating units are vented to the same stack the heat
input shall be the aggregate of all units vented to the stack.
    (vi) Owner or operator means any person who owns, leases, operates,
controls, or supervises a facility, building, structure, or installation
which directly or indirectly results or may result in emissions of any
air pollutant for which a national standard is in effect.
    (vii) Primary zinc smelter means any installation engaged in the
production, or any intermediate process in the production, of zinc or
zinc oxide from the zinc sulfide ore concentrates through the use of
pyrometallurgical techniques.
    (viii) Process means any source operation including any equipment,
devices, or contrivances and all appurtenances thereto, for changing any
material whatever or for storage or handling of any materials, the use
of which may cause the discharge oons within a structure, building, or
shop shall be considered as a single process for purposes of this
regulation.
    (ix) Process weight means the total weight of all materials and
solid fuels introduced into any specific process. Liquid and gaseous
fuels and combustion air will not be considered as part of the process
weight unless they become part of the product. For a cyclical or batch
operation, the process weight per hour will be derived by dividing the
total process weight by the number of hours from the beginning of any
given process to the completion thereof, excluding any time during which
the equipment is idle. For a continuous operation, the process weight
per hour will be derived by dividing the process weight for the number
of hours in a given period of time by the number of hours in that
period. For fluid catalytic cracking units, process weight shall mean
the total weight of material introduced as fresh feed to the cracking
unit. For sulfuric acid production
[[Page 357]]
units, the nitrogen in the air feed shall not be included in the
calculation of process weight.
    (x) Run means the net period of time during which an emission sample
is collected. Unless otherwise specified, a run may be either
intermittent or continuous within the limits of good engineering
practice as determined by the Administrator.
    (xi) Source operation means the last operation preceding the
emission of an air contaminant, which operation (a) results in the
separation of the air contaminant from process materials or in the
conversion of the process materials into air contaminants, as in the
case of combustion of fuel; and (b) is not primarily an air pollution
abatement operation.
    (xii) Stack means any chimney, flue, vent, roof monitor, conduit or
duct arranged to vent emissions to the ambient air.
    (xiii) Sulfur recovery plant means any plant that recovers elemental
sulfur from any gas stream.
    (xiv) Sulfuric acid production unit means any facility producing
sulfuric acid by the contact process by burning elemental sulfur,
alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or
acid sludge.
    (xv) Total rated capacity means the sum of the rated capacities of
all fuel-burning equipment connected to a common stack. The rated
capacity shall be the maximum guaranteed by the equipment manufacturer
or the maximum normally achieved during use as determined by the
Administrator, whichever is greater.
    (2) Test methods and procedures. Unless specified below, the test
methods and procedures used for determining compliance with the
applicable paragraphs of Sec. 52.1881(b) shall be those prescribed in
part 60 of this chapter. Compliance tests shall be conducted under such
conditions as the Administrator shall specify based on representative
performance of the affected facility. Notification and recordkeeping
procedures shall be those prescribed in Sec. 60.7 of this chapter. The
owner or operator shall make available to the Administrator such records
as may be necessary to determine the conditions of the performance
tests. A compliance test shall consist of at least three runs.
    (i) The test methods and procedures used for determining compliance
for any sulfur recovery plant subject to applicable paragraph, of
Sec. 52.1881(b) shall be those prescribed in Sec. 60.46 of this chapter
with the exception that the maximum amount of sulfur dioxide sampled by
Method 6 shall not exceed 50 percent of the stoichiometric amount of
hydrogen peroxide absorbent.
    (ii) The test methods and procedures used for determining compliance
for any sulfuric acid production unit, or any primary zinc smelter
subject to the applicable paragraphs of Sec. 52.1881(b) shall be those
prescribed in Sec. 60.85 of this chapter.
    (iii) The test methods and procedure used to determine the
compliance of any stack venting any fossil fuel-fired steam generating
units subject to the applicable paragraphs of Sec. 52.1881(b) shall be
those prescribed in Sec. 60.46 of this chapter.
    (3) Severability. If any provision of these regulations or the
application thereof to any person or circumstances is held to be
invalid, such invalidity shall not affect other provisions or
application of any other part of these regulations which can be given
effect without the invalid provisions or application, and to this end
the provisions of these regulations and the various applications thereof
are declared to be severable.
    (4) Submission of information. The submission of any information
required under Sec. 52.1882 shall be made to the Director, Enforcement
Division, U.S. Environmental Protection Agency, Region V, 230 South
Dearborn, Chicago, Illinois, 60604, Attention Air Compliance Section.
    (5) For purposes of this regulation, stack and boiler identification
numbers used in this paragraph were derived from correspondence
submitted to the U.S. EPA by the affected owners or operators, and may
be found in the record supporting this rulemaking.
    (6) This paragraph contains no applicable provisions in the
following counties of Ohio: Ashland, Brown, Carroll, Champaign, Clinton,
Darke, Defiance, Fayette, Fulton, Geauga, Guernsey,
[[Page 358]]
Hardin, Harrison, Highland, Hocking, Holmes, Jackson, Knox, Logan,
Madison, Monroe, Morrow, Noble, Perry, Portage, Preble, Putnam, Shelby,
Union, Van Wert, Warren, Williams, and Wyandot, nor does it apply to
facilities equal to or less than 10 million BTU per hour total aggregate
rated capacity of all units at a facility.
    (7)-(10) [Reserved]
    (11) In Adams County: (i) The Dayton Power and Light Company or any
subsequent owner or operator of the Stuart Power Plant in Adams County,
Ohio shall not cause or permit the emission of sulfur dioxide from any
stack at the Stuart Plant in excess of 3.16 pounds of sulfur dioxide per
million BTU actual heat input.
    (ii) In lieu of meeting paragraph (b)(11)(i) of this section, the
Dayton Power and Light Company may elect, in accordance with the
compliance schedule provisions of Sec. 52.1882, to comply with the
emission limitations which will satisfy the following equation:
(A) 0.0791 (EL<INF>1</INF>+EL<INF>2</INF>+EL<INF>3</INF>+EL<INF>4</INF>)
3<ls-thn-eq>1
where EL<INF>1</INF> is the emission limitation (pounds per million BTU)
per stack i and i is the stack number. For purposes of this regulation,
each stack is identified as follows:
------------------------------------------------------------------------
                                                              Boiler
                        Stack No.                         identification
------------------------------------------------------------------------
1.......................................................             1
2.......................................................             2
3.......................................................             3
4.......................................................             4
------------------------------------------------------------------------
    (12) In Butler County: (i) No present or subsequent owner or
operator unless otherwise specified in this subparagraph, of any fossil
fuel-fired steam generating unit(s) located in Butler County, Ohio shall
cause or permit sulfur dioxide emissions from any stack in excess of
1.40 pounds of sulfur dioxide per million BTU actual heat input. The
fossil fuel-fired steam generating units at General Motors Corporation's
Butler County plant, Armco's Hamilton plant, and Armco's Middetown plant
are all exempted from this emission limitation in this subparagraph.
    (ii) USEPA has rescinded the sulfur and sulfur dioxide emission
limits for owners or operators of by-product coke ovens located in
Butler County.
    (iii) USEPA has rescinded the sulfur and sulfur dioxide emission
limits for Armco Steel Company's Hamilton Plant located in Butler
County.
    (iv) USEPA has rescinded the sulfur dioxide emission limits for
Armco Steel Company's Middletown Plant located in Butler County.
    (v) The Champion Paper Company or any subsequent owner or operator
of the Champion Paper facilities located in Butler County, Ohio shall
not cause or permit emissions of sulfur dioxide from fossil fuel-fired
steam-generating units numbered B010 and B020 in excess of 3.43 pounds
of sulfur dioxide per million BTU actual heat input.
    (13) In Clermont County: (i) The Cincinnati Gas & Electric Company
or any subsequent owner or operator of the Beckjord Power Plant in
Clermont County, Ohio, shall not cause or permit the emission of sulfur
dioxide from any stack at the Beckjord plant in excess of 2.02 pounds of
sulfur dioxide per million BTU actual heat input.
    (ii) In lieu of paragraph (b)(19)(i) of this section, the Cincinnati
Gas and Electric Company may elect, in accordance with the compliance
schedule provisions of Sec. 52.1882, to comply with the emission
limitations which will satisfy all of the following equations:
(A) 0.1426 EL<INF>1</INF>+0.1629 EL<INF>2</INF>+0.0667 EL<INF>3</INF>
+0.0823 EL<INF>4</INF>+0.0122 EL<INF>5</INF><ls-thn-eq>1
(B) 0.1252 EL<INF>1</INF>+0.1349 EL<INF>2</INF>+0.1003
EL<INF>3</INF>+0.1192 EL<INF>4</INF>+0.0155 EL<INF>5</INF><ls-thn-eq>1
(C) 0.0337 EL<INF>1</INF>+0.0353 EL<INF>2</INF>+0.0382
EL<INF>3</INF>+0.0451 EL<INF>4</INF>+0.0709 EL<INF>5</INF><ls-thn-eq>1
(D) 0.1334 EL<INF>1</INF>+0.1492 EL<INF>2</INF>+0.0740 EL<INF>3</INF>
+0.0904 EL<INF>4</INF>+0.0247 EL<INF>5</INF><ls-thn-eq>1
(E) 0.0249 EL<INF>1</INF>+0.0257 EL<INF>2</INF>+0.0283 EL<INF>3</INF>
+0.0332 EL<INF>4</INF>+0.0841 EL<INF>5</INF><ls-thn-eq>1
where EL<INF>1</INF> is the emission limitation (pounds per million BTU)
per stack i and i is the stack number. For purposes of this regulation
each stack is identified as follows:
------------------------------------------------------------------------
                                                              Boiler
                        Stack No.                         identification
------------------------------------------------------------------------
1.......................................................             1
2.......................................................             2
3.......................................................             3
4.......................................................             4
5.......................................................          5, 6
------------------------------------------------------------------------
[[Page 359]]
    (14) In Coshocton County: (i) The Columbus and Southern Ohio Power
Company or any subsequent owner or operator of the Conesville Plant in
Coshocton County, Ohio shall not cause or permit the emission of sulfur
dioxide from any of the stacks 1, 2, and 3 at the Conesville Plant in
excess of 5.66 pounds of sulfur dioxide per million BTU actual heat
input. Stack 4 at the Conesville Plant is subject to New Source
Performance Standards and is limited to 1.2 pounds of sulfur dioxide per
million BTU actual heat input.
    (ii) In lieu of meeting paragraph (b)(21)(i) of this section, the
Columbus and Southern Ohio Power Company may elect for stacks 1, 2, and
3 only, in accordance with the compliance schedule provision of
Sec. 52.182, to comply with the emission limitations which will satisfy
all of the following equations:
(A) 0.0677 (EL<INF>1</INF>+0.0411 EL<INF>2</INF>)+0.0065 EL3<ls-thn-eq>1
(B) 0.0707 (EL<INF>1</INF>+0.0730 EL<INF>2</INF>)+0.0011 EL3<ls-thn-eq>1
(C) 0.0623 (EL<INF>1</INF>+0.0767 EL<INF>2</INF>)+0.0013 EL3<ls-thn-eq>1
(D) 0.0565 (EL<INF>1</INF>+0.0337 EL<INF>2</INF>)+0.0866 EL3<ls-thn-eq>1
(E) 0.0401 (EL<INF>1</INF>+0.0683 EL<INF>2</INF>)+0.0026 EL3<ls-thn-eq>1
(F) 0.0410 (EL<INF>1</INF>+0.1021 EL<INF>2</INF>)+0.0 EL3<ls-thn-eq>1
where EL<INF>1</INF> is the emission limitation (pounds per million BTU)
per stack i, and i is the stack number. For purposes of this regulation
each stack is identified as follows:
------------------------------------------------------------------------
                                                              Boiler
                        Stack No.                         identification
------------------------------------------------------------------------
1.......................................................          1, 2
2.......................................................             3
3.......................................................             4
4.......................................................          5, 6
------------------------------------------------------------------------
    (15) In Cuyahoga County, no owner or operator, unless otherwise
specified in this subparagraph, shall cause or permit emission of sulfur
dioxide from any stack in excess of the rates specified in paragraphs
(b)(23) (i) and (ii) of this section.
    (i) For fossil fuel-fired steam generating units between 10.0
MMBTU's per hour and 350 MMBTU's per hour total rated capacity of heat
input, the emission rate in pounds of sulfur dioxide per million BTU of
actual heat input shall be calculated by the following equation:
EL = 7.014 Q<INF>m</INF>-0.3014
where Q<INF>m</INF> is the total rated capacity of heat input in million
BTU per hour and EL is the allowable emission rate in pounds of sulfur
dioxide per million BTU actual heat input.
    (ii) For fossil fuel-fired units equal to or greater than 350 MMBTU
per hour total rated capacity, the emission shall not exceed a rate of
1.20 pounds of sulfur dioxide per MMBTU of actual heat input.
    (iii) The ``E.I. DuPont de Nemours and Company'' or any subsequent
owner or operator of the ``E.I. DuPont de Nemours and Company'' facility
located at 2981 Independence Road, Cleveland, Ohio, shall not cause or
permit the following source to violate the limitation indicated:
    (A) Sulfur burning contact process a maximum of 0.00 pounds of
sulfur dioxide per ton of one hundred percent acid produced.
    (B) (Reserved)
    (iv) Master Metals Incorporated or any subsequent owner or operator
of the ``Master Metals Incorporated'' facility located at 2850 West
Third, Cleveland, Ohio, shall not cause or permit the emission of sulfur
dioxide from the following sources to exceed the amounts indicated:
    (A) Blast furnace process; a maximum of 0.00 pounds of sulfur
dioxide per ton of metal charged.
    (B) Reverb furnace process; a maximum of 10.00 pounds of sulfur
dioxide per ton of metal charged.
    (v) Centerior Energy Corporation, or any subsequent owner or
operator of the ``Centerior Energy Corporation, Steam Heating Plant''
facility located at 2274 Canal Road, Cleveland, Ohio, shall not cause or
permit the emission of sulfur dioxide from Boiler Numbers 34 through 38
to exceed a maximum of 1.38 pounds of sulfur dioxide per MMBTU actual
heat input from each boiler.
    (vi) Centerior Energy Corporation, or any subsequent owner or
operator of the ``Centerior Energy Corporation, Steam Heating Plant''
facility located at 1901 Hamilton Avenue, Cleveland, Ohio, shall not
cause or permit the emission of sulfur dioxide from Boiler Number 1
through 6 to exceed a maximum of 1.00 pounds of sulfur dioxide per MMBTU
actual heat input from each boiler.
[[Page 360]]
    (vii) Forest City Foundries, or any subsequent owner or operator of
the ``Forest City Foundries'' facility located at 9401 Maywood Avenue,
Cleveland, Ohio, shall not cause or permit the emission of sulfur
dioxide from the following sources to exceed the amounts indicated:
    (A) Number 1 Cupola-North; a maximum of 0.00 pounds of sulfur
dioxide per ton of metal charged.
    (B) Number 2 Cupola-South a maximum of 0.00 pounds of sulfur dioxide
per ton of metal charged.
    (viii) Forest City Foundries, or any subsequent owner or operator of
the ``Forest City Foundries'' facility located at 2500 West 27th Street,
Cleveland, Ohio, shall not cause or permit the emission of sulfur
dioxide from the following sources to exceed the amounts indicated:
    (A) Number 1 Cupola; a maximum of 0.00 pounds of sulfur dioxide per
ton of metal charged.
    (B) Number 2 Cupola; a maximum of 0.00 pounds of sulfur dioxide per
ton of metal charged.
    (ix) Harshaw Chemical Company, or any subsequent owner or operator
of the ``Harshaw Chemical Company'' facility located at 1000 Harvard
Avenue, Cleveland, Ohio, shall not cause or permit the emission of
sulfur dioxide from the following sources to exceed the amounts
indicated:
    (A) Process Buss System; a maximum of 19.00 pounds of sulfur dioxide
per ton of acid produced.
    (B) (Reserved)
    (x) Metal Blast, Incorporated, or any subsequent owner or operator
of ``Metal Blast, Incorporated'' facility located at 871 East 67th
Street, Cleveland, Ohio, shall not cause or permit the emission of
sulfur dioxide from the Whiting Model Number 7 Cupola to exceed a
maximum of 0.00 pounds of sulfur dioxide per ton of metal charged.
    (xi) LTV Steel Company, Inc., or any subsequent owner or operator of
the ``LTV Steel Company, Inc.'' facility located at 3100 East 45th
Street, Cleveland, Ohio, shall not cause or permit the emission of
sulfur dioxide from the following sources to exceed the limitations
indicated below and/or shall be restricted to specified fuel usages as
indicated below:
    (A) Boiler 234; Boiler 26, Boiler 27; Boiler 28; Boiler 29; Boiler
30; Boiler 31; Boiler 32; Boiler 33; Boiler 34; Stoves for Blast
Furnaces C-1, C-2, C-3, C-4; 80'' Hot Strip Mill Furnace 1, 2, 3; 84''
Anneal Furnaces North and South; P Anneal Furnaces 1-4; and Coke Plant
No. 2 Car Thaw: A maximum of 0.024 pounds of sulfur dioxide per MMBTU
actual heat input from each stack, and each boiler is restricted to only
burn natural gas and/or blast furnace gas.
    (B) Boilers A, B and C: A maximum of 0.99 pounds of sulfur dioxide
per MMBTU actual heat input from each boiler, and a maximum total
emissions from the three boilers combined of 828 pounds of sulfur
dioxide per hour (daily average).
    (C) Boiler D: A maximum of 2.45 pounds of sulfur dioxide per MMBTU
actual heat input and 1056 pounds of sulfur dioxide per hour (daily
average).
    (D) Boilers A-D: A maximum total emissions from the four boilers
combined of 1258 pounds of sulfur dioxide per hour (daily average).
    (E) Boiler 1 and 2: A maximum of 1.64 pounds of sulfur dioxide per
MMBTU of actual heat input, and a maximum total emissions from the two
boilers combined of 315 pounds of sulfur dioxide per hour (daily
average).
    (F) Boiler 3: A maximum of 2.39 pounds of sulfur dioxide per MMBTU
of actual heat and 686 pounds of sulfur dioxide per hour (daily
average).
    (G) Boilers A-D, 1-3: A maximum total emissions from the seven
boilers combined of 1958 pounds of sulfur dioxide per hour (daily
average).
    (H) 84" Hot Strip Mill Furnaces 1, 2, and 3: A maximum of 1.26
pounds of sulfur dioxide per MMBTU of actual heat input from each
furnace, and a maximum total emissions from the three furnaces combined
of 1365 pounds of sulfur dioxide per hour (daily average).
    (I) Stoves of Blast Furnaces C-5 and C-6: A maximum of 0.15 pounds
of sulfur dioxide per MMBTU of actual heat input.
    (J) Coke Batteries 1, 2, 3 and 4 Underfiring: 44" Soaking Pits 2-6;
45" Soaking Pits 11-15; No. 2 BOF; Foundry; and Coke Plant No. 1 Car
Thaw: A maximum of 0.10 pounds of sulfur dioxide per MMBTU actual heat
input (20
[[Page 361]]
grains or less of hydrogen sulfide per 100 cubic feet of coke oven gas
at standard conditions) from each stack.
    (K) Coke Batteries 6 and 7 Underfiring: A maximum of 1.98 pounds of
sulfur dioxide per MMBTU of actual heat input (390 grains of hydrogen
sulfide per 100 cubic feet of coke oven gas at standard conditions) from
each stack.
    (L) No. 2 Coke Plant: Coke oven gas produced by the Coke Batteries
Numbers 6 and 7 shall have a maximum of 390 grains of hydrogen sulfide
per hundred dry standard cubic feet, and the total production of
hydrogen sulfide in coke oven gas from the two batteries combined shall
be a maximum of 470 pounds of hydrogen sulfide per hour (daily average).
    (M) Fuel Oil Quality: Fuel oil combusted at the facility shall have
a maximum of 0.525 pounds of sulfur per MMBTU heat content.
    (N) Claus Desulfurization Plant: A maximum of 78 pounds of sulfur
dioxide per hour.
    (O) 10" Bar Mill; 12" Bar Mill; Open Hearth Plant; 96" Slab Mill,
Units 1-5; Sinter Plant: A maximum of 0.00 pounds of sulfur dioxide per
MMBTU actual heat input.
    (P) LTV Steel Company, Inc., shall collect and record the following
information:
    (1) Amounts of individual coke oven gas from the No. 1 Coke Plant,
coke oven gas from the No. 2 Coke Plant, blast furnace gas, fuel oil,
coal, and natural gas used for each day at each facility listed in
paragraphs (b)(23)(xiv)(B) through (b)(23)(xiv)(H) of this section, and
total production of coke oven gas from Number 2 Coke Plant.
    (2) Daily average sulfur content and heating value for coal and oil
used each day during each calendar quarter, as determined in accordance
with 40 CFR part 60, Appendix A, Method 19, section 2, or equivalent
methods approved by the Administrator.
    (3) Daily average hydrogen sulfide content for coke oven gas used
each day during each calendar quarter, as determined in accordance with
40 CFR part 60, appendix A, Method 11, or equivalent methods approved by
the Administrator.
    (4) Daily average sulfur content and heating value of blast furnace
gas and natural gas shall be based upon testing performed once during
each calendar quarter.
    (5) Calculated sulfur dioxide emissions in pounds per MMBTU and
pounds per hour using the information in paragraphs (b)(23)(xiv)(P)(1)
through (b)(23)(xiv)(P)(4) at the facilities listed in paragraphs
(b)(23)(xiv)(B) through (b)(23)(xiv)(H) of this section for each day.
    (6) Calculated total hydrogen sulfide content of coke oven gas
supplied by Number 2 Coke Plant.
    (Q) Compliance with the provisions of paragraphs (b)(23)(xiv)(B)
through (b)(23)(xiv)(H), (b)(23)(xiv)(L), and (b)(23)(xiv)(M) of this
section shall be determined based on:
    (1) Stack gas sampling, as specified in 40 CFR 60.46 (See
Sec. 52.1881 (b)(2)); or
    (2) Information developed pursuant to paragraph (b)(23)(xiv)(P) of
this section.
A finding of noncompliance by one of these methods cannot be refuted by
a showing of compliance by the other method.
    (R) Compliance with the provisions of all other paragraphs shall be
determined based on stack gas sampling, as specified in 40 CFR 60.46
(See Sec. 52.1881(b)(2)).
    (S) LTV Steel Company, Inc. shall submit a written report to the
U.S. Environmental Protection Agency, Region 5, within 30 days after the
end of each calendar quarter which contains a description of each day
during which the recorded sulfur dioxide, hydrogen sulfide, or fuel
exceeded the pounds of sulfur dioxide per MMBTU, pounds of sulfur
dioxide per hour, grains of hydrogen sulfide per 100 cubic feet, or
total hydrogen sulfide production limits listed in paragraphs
(b)(23)(xiv)(B) through (b)(23)(xiv)(H) and (b)(23)(xiv)(L) of this
section. For each instance in which the applicable limit was exceeded,
the report shall provide:
    (1) The date of each excursion;
    (2) The magnitude of the excursion;
    (3) A statement identifying the probable cause or causes of the
excursion; and
[[Page 362]]
    (4) A description of any corrective actions taken to prevent or
mitigate the excursion.
The report shall also address any periods of measurement (or recording)
system malfunction and, if appropriate, shall state that there are no
instances of any excursion during the reporting period.
    (xii) Aluminum Company of America, or any subsequent owner or
operator of the ``Aluminum Company of America'' facility located at 1600
Harvard Avenue, Cuyahoga Heights, Ohio, shall not cause or permit the
emission of sulfur dioxide from Boiler Numbers 1 through 5 to exceed a
maximum of 5.2 pounds of sulfur dioxide per MMBTU actual heat input from
each boiler.
    (xiii) Standard Oil Company (Ohio), or any subsequent owner or
operator of the ``Standard Oil Company (Ohio), Cleveland Asphalt Plant''
facility located at 2635 Broadway Avenue, Cleveland, Ohio, shall not
cause or permit the emission of sulfur dioxide from Boiler Numbers 7, 9,
and 10 to exceed 0.00 pounds of sulfur dioxide per MMBTU actual heat
input from each boiler.
    (xiv) Medical Center Company, or any subsequent owner or operator of
the ``Medical Center Company'' facility located at 2250 Circle Drive,
Cleveland, Ohio, shall not cause or permit the following sources to
violate the limitations indicated:
    (A) Boiler Numbers 1 and 2 shall only burn natural gas.
    (B) Boiler Numbers 3, 4, 7 and 8 are limited to a maximum of 4.6
pounds of sulfur dioxide per MMBTU actual heat input from each boiler.
    (xv) Hupp, Incorporated, or any subsequent owner or operator of the
``Hupp, Incorporated'' facility located at 1135 Ivanhoe Road, Cleveland,
Ohio, shall not cause or permit the emission of sulfur dioxide from
Boiler Numbers 1 through 3 to exceed a maximum of 3.50 pounds of sulfur
dioxide per MMBTU actual heat input from each boiler.
    (xvi) The Cleveland Water Department, or any subsequent owner or
operator of the ``Cleveland Water Department, Division Pumping Station''
facility located at 1245 West 45th Street, Cleveland, Ohio, shall not
cause or permit the emission of sulfur dioxide from Boiler Numbers 1
through 6 to exceed 4.20 pounds of sulfur dioxide per MMBTU actual heat
input from each boiler.
    (xvii) Ford Motor Company, or any subsequent owner or operator of
the ``Ford Motor Company, Cleveland Engine Plant Number 2'' facility
located at 18300 Five Points Road, Brookpark, Ohio, shall not cause or
permit the emission of sulfur dioxide from Boilers Numbers 1 through 5
to exceed a maximum of 4.2 pounds of sulfur dioxide per MMBTU actual
heat input from each boiler.
    (xviii) Ford Motor Company, or any subsequent owner or operator of
the ``Ford Motor Company, Cleveland Casting Plant'' facility located at
5600 Engle Road, Brookpark, Ohio, shall not cause or permit the emission
of sulfur dioxide from each of Numbers 1 through 7 Cupola to exceed a
maximum of 6.00 pounds of sulfur dioxide per ton of actual process
weight input.
    (xix) Chase Bag Company, or any subsequent owner or operator of the
``Chase Bag Company'' located at 218 Cleveland Street, Chagrin Falls,
Ohio, shall not cause or permit the emission of sulfur dioxide from
Boiler Numbers 1 and 2 to exceed a maximum of 4.20 pounds of sulfur
dioxide per MMBTU actual heat input from each boiler.
    (xx) General Electric Company or any subsequent owner or operator of
the ``General Electric Power Plant'' facility located at Nela Park, East
Cleveland, Ohio, shall not cause or permit the emission of sulfur
dioxide from Boiler Numbers 1 and 4 to exceed a maximum of 1.60 pounds
of sulfur dioxide per MMBTU actual heat input from each boiler.
    (xxi) General Electric Company, or any subsequent owner or operator
of the ``General Electric Company'' facility located at 21800 Tungsten
Road, Euclid, Ohio, shall not cause or permit the emission of sulfur
dioxide from the following sources to exceed the amounts indicated:
    (A) Boiler Number 1; a maximum of 1.00 pounds of sulfur dioxide per
MMBTU actual heat input from each boiler.
    (B) Boiler Number 4; a maximum of 1.60 pounds of sulfur dioxide per
[[Page 363]]
MMBTU actual heat input from each boiler.
    (xxii) Addressograph Multigraph or any subsequent owner or operator
of the ``Addressograph Multigraph'' facility located at 1200 Babbitt
Road, Euclid, Ohio, shall not cause or permit the emission of sulfur
dioxide from Boiler Numbers 1 through 3 to exceed a maximum of 0.00
pounds of sulfur dioxide per MMBTU actual heat input from each boiler.
    (xxiii) Allied Chemical Corporation, or any subsequent owner or
operator of the ``Allied Chemical Corporation'' facility located at 5000
Warner Road, Garfield Heights, Ohio, shall not cause or permit the
emission of sulfur dioxide from the following sources to exceed the
amounts indicated.
    (A) Number 5 Unit Sulfuric Acid; a maximum of 4.80 pounds of sulfur
dioxide per ton of one hundred percent acid produced.
    (B) Number 6 Unit Sulfuric Acid; a maximum of 4.80 pounds of sulfur
dioxide per ton of one hundred percent acid produced.
    (xxiv) Lear Siegler, Incorporated, or any subsequent owner or
operator of the ``Lear Siegler, Incorporated'' facility located at 17600
Broadway, Maple Heights, Ohio, shall not cause or permit the emission of
sulfur dioxide from Boiler Number 1 to exceed a maximum of 0.00 pounds
of sulfur dioxide per MMBTU actual heat input.
    (xxv) Chevrolet Motor Division, or any subsequent owner or operator
of the ``Chevrolet Motor Division'' facility located at Stumph Road and
Brookpark, Parma, Ohio, shall not cause or permit the emission of sulfur
dioxide from the following sources to exceed the amounts indicated:
    (A) Boiler Numbers 1 and 2; a maximum of 1.53 pounds of sulfur
dioxide per MMBTU actual heat input from each boiler.
    (B) Boiler Numbers 3 and 4; a maximum of 1.8 pounds of sulfur
dioxide per MMBTU actual heat input from each boiler.
    (xxvi) Ford Motor Company, or any subsequent owner or operator of
the ``Ford Motor Company, Cleveland Stamping Plant'' facility located at
7845 Northfield Road, Walton Hills, Ohio, shall not cause or permit the
emission of sulfur dioxide from Boilers Numbers 1 through 3 to exceed a
maximum of 1.2 MMBTU actual heat input from each boiler.
    (xxvii) Highland View Cuyahgoa County Hospital, or any subsequent
owner or operator of the ``Highland View Cuyahoga County Hospital''
facility located at 3901 Ireland Drive, Warrensville Township, Ohio,
shall not cause or permit the emission of sources to exceed the amounts
indicated:
    (A) Boiler Numbers 1 and 2; a maximum of 1.50 pounds of sulfur
dioxide per MMBTU actual heat input from each boiler.
    (B) Boiler Numbers 3 and 4; a maximum of 2.90 pounds of sulfur
dioxide per MMBTU actual heat input from each boiler.
    (xxviii) Centerior Energy Corporation, or any subsequent owner or
operator of the ``Centerior Energy Corporation, Lake Shore Plant''
facility located at 6800 South Marginal Drive, Cleveland, Ohio, shall
not cause or permit the emission of sulfur dioxide from the following
sources to exceed the amounts indicated:
    (A) Boiler Numbers 91 through 94; a maximum of 1.90 pounds of sulfur
dioxide per MMBTU actual heat input from each boiler.
    (B) Boiler Number 18; a maximum of 1.30 pounds of sulfur dioxide per
MMBTU actual heat input.
    (xxix) United States Steel Corporation, or any subsequent owner or
operator of the ``United States Steel Corporation, Cuyhoga Works''
facility located at 4300 East 49th Street, Cuyhoga Heights, Ohio, shall
not cause or permit the emission of sulfur dioxide from the following
sources to exceed the amounts indicated:
    (A) Boiler Numbers 1 and 2; a maximum of 0.5 pounds of sulfur
dioxide per MMBTU actual heat input from each boiler.
    (B) Boiler Numbers 3 through 7; a maximum of 1.30 pounds of sulfur
dioxide per MMBTU actual heat input from each boiler.
    (xxx) United States Steel Corporation, or any subsequent owner or
operator of the ``United States Steel Corporation, Lorain-Cuyahoga
Works'' facility located at 2650 Broadway Avenue, Cleveland, Ohio, shall
not cause or
[[Page 364]]
permit the emission of sulfur dioxide from the following sources to
exceed the amounts indicated:
    (A) Boiler Numbers 1 through 6; a maximum of 0.00 pounds of sulfur
dioxide per MMBTU actual heat input from each boiler.
    (B) Blast Furnace Numbers D-6 and A; a maximum of 0.00 pounds of
sulfur dioxide per ton of iron produced.
    (xxxi) Reilly Industries, Inc., or any subsequent owner or operator
of the ``Reilly Industries, Inc.'' facility located at 3201 Independence
Road, Cleveland, Ohio shall not cause or permit the emission of sulfur
dioxide from the following sources to exceed the amounts indicated:
    (A) Still Numbers 3 through 7; a maximum of 2.7 pounds of sulfur
dioxide per ton of coal tar processed.
    (B) [Reserved]
    (xxxii) No owner or operator of any process equipment, unless
otherwise specified in this paragraph, shall cause or permit the
emission of sulfur dioxide from any stack in excess of 6.00 pounds of
sulfur dioxide per ton of actual process weight input.
    (16) In Franklin County, no owner or operator of the following types
of facilities unless otherwise specified in this paragraph, shall cause
or permit emission of sulfur dioxide from any stack in excess of the
rates specified below:
    (i) For fossil fuel-fired steam generating unit between 10.0 and
50.0  x  10 <SUP>6</SUP> BTU per hour total rated capacity of heat
input, the emission rate in pounds of sulfur dioxide per million BTU
actual heat input shall be calculated by the following equation:
EL=8.088Q<INF>m</INF>-0.4307
where Q<INF>m</INF> is the total rated capacity of heat input in million
BTU per hour and EL is the allowable emission rate in pounds of sulfur
dioxide per million BTU actual heat input.
    (ii) For fossil fuel-fired steam generating unit(s) equal to or
greater than 50.0 x 10 <SUP>6</SUP> BTU per hour total rated capacity of
heat input, the emission limitation shall be 1.50 pounds of sulfur
dioxide per million BTU actual heat input.
    (iii) The present or any subsequent owner or operator of the
Columbus State Institution in Franklin County, Ohio shall not cause or
permit the emission of sulfur dioxide from any stack at this facility in
excess of 3.80 pounds of sulfur dioxide per million BTU actual heat
input.
    (iv) The present or any subsequent owner or operator of the Columbus
State Hospital in Franklin County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at this facility in excess of
4.10 pounds of sulfur dioxide per million BTU actual heat input.
    (v) The present or any subsequent owner or operator of Ross
Laboratory in Franklin County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at this facility in excess of
4.80 pounds of sulfur dioxide per million BTU actual heat input.
    (vi) The present or any subsequent owner or operator of the
Rickenbacker Air Force Base in Franklin County, Ohio shall not cause or
permit the emission of sulfur dioxide from any stack at this facility in
excess of 2.20 pounds of sulfur dioxide per million BTU actual heat
input.
    (vii) The present or any subsequent owner or operator of the Capital
City Products facility in Franklin County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack at this facility in
excess of 3.10 pounds of sulfur dioxide per million BTU actual heat
input.
    (viii) The present or any subsequent owner or operator of the
Westinghouse Electric facility in Franklin County, Ohio shall not cause
or permit the emission of sulfur dioxide from any stack at this facility
in excess of 2.20 pounds of sulfur dioxide per million BTU actual heat
input.
    (ix) (A) The present or any subsequent owner or operator of the
Naval Weapons Industrial Reserve Plant in Franklin County, Ohio shall
not cause or permit the emission of sulfur dioxide from any stack at
this facility in excess of 1.06 pounds of sulfur dioxide per million BTU
actual heat input.
    (B) In lieu of meeting Sec. 52.1881(b)(27)(ix)(A), the present or
any subsequent owner or operator of the Naval Weapons Industrial Reserve
[[Page 365]]
Plant may elect to comply with the alternate emission limitation and
operating conditions specified below.
    (1) The present or any subsequent owner or operator of the Naval
Weapons Industrial Reserve Plant shall not cause or permit the emission
of sulfur dioxide from any stack in excess of 3.65 pounds of sulfur
dioxide per million BTU actual heat input provided that such stacks be
greater than or equal to 44.5 meters in height and that the combined
maximum boiler design capacity be limited to 177 million BTU per hour by
installation of a lock-out system on the boiler coal-feeders. The
present or any subsequent owner or operator of the Naval Weapons
Industrial Reserve Plant shall keep a permanent log on the lock-out
system and record any problems with the system in the log. This log
shall be available for inspection by the EPA. This log shall be in lieu
of the reporting and monitoring requirements of Sec. 52.1882(g).
    (2) The present or any subsequent owner or operator of the Naval
Weapons Industrial Reserve Plant shall be permitted to operate its five
boilers (1, 2, 3, 5a or 5b) in only one of the following three
configurations at any given time:
    (i) Any two of boilers 1, 2, or 3 on; the remaining three boilers
off.
    (ii) Boilers 5a and 5b on; boilers 1, 2, and 3 off.
    (iii) Boiler 5b and any one of boilers 1, 2, or 3 on; the remaining
three boilers off.
    (3) In the event that the Naval Weapons Industrial Reserve Plant
elects to comply with the alternate emission limitation and operating
configurations in Sec. 52.1881(b)(27)(ix)(B) (1) and (2) and vents its
boilers through stacks great on the boiler coal-feeders such that the
combined maximum boiler design capacity is limited to 177 MMBTU/hr, all
such action shall be taken within 30 weeks of (the effective date of
promulgation). The Administrator must be notified in writing that all
such action was taken within five working days of its completion.
    (x) No owner or operator of any primary zinc smelter shall cause or
permit the emission of sulfur dioxide from the plant in excess of the
amount prescribed by the following equation:
Y=0.564X<SUP>0.85
</SUP>where X is the total sulfur feed expressed as elemental sulfur in
the smelter input stream in lbs/hour and Y is the allowable sulfur
dioxide emission rate in lbs/hour from all stacks combined.
    (xi) Except as provided in paragraph (b)(27)(x) of this section, no
owner or operator of any process equipment shall cause or permit the
emission from any stack into the atmosphere of any process gas stream
containing sulfur dioxide in excess of 2.40 pounds of sulfur dioxide per
ton of actual process weight input.
    (17) In Gallia County: (i) The Ohio Power Company or any subsequent
owner or operator of the Gavin Power Plant in Gallia County, Ohio shall
not cause or permit the emission of sulfur dioxide from any stack at the
Gavin facility in excess of 7.41 pounds per million Btu actual heat
input.
    (ii) The Ohio Valley Electric Company or any subsequent owner or
operator of the Kyger Creek Power Plant in Gallia County, Ohio shall not
cause or permit the emission of sulfur dioxide from any stack at the
Kyger Creek facility in excess of 8.20 pounds of sulfur dioxide per
million BTU actual heat input.
    (18) In Lake County, no owner or operator of the following types of
facilities, unless otherwise specified in this subparagraph, shall cause
or permit emissions from stack in excess of the rates specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and
1000+10 <SUP>6</SUP> BTU per hour total rated capacity of heat input,
the emission rate in pounds of sulfur dioxide per million BTU actual
heat input shall be calculated by the following equation:
EL=14.976Q<INF>m</INF>-0.3431
where Q<INF>m</INF> is the total rated capacity of heat input in million
BTU per hour and EL is the allowable emission rate in pounds of sulfur
dioxide per million BTU actual heat input.
    (ii) For fossil fuel-fired steam generating unit(s) equal to or
greater than 1000+10 <SUP>6</SUP> BTU per hour total rated capacity of
heat input, 1.40 pounds of sulfur dioxide per million BTU actual heat
input.
[[Page 366]]
    (iii) The present or any subsequent owner or operator of the Ohio
Rubber Company facility in Lake County, Ohio, shall not cause or permit
the emission of sulfur dioxide from any stack at the facility in excess
of 6.00 pounds of sulfur dioxide per million BTU actual heat input.
    (iv) The present or any subsequent owner or operator of the
Painesville Municipal Power Plant in Lake County, Ohio, shall not cause
or permit the emission of sulfur dioxide from any stack at this facility
in excess of the rates specified below:
    (A) For boilers 1 through 4: 5.20 pounds of sulfur dioxide per
million BTU actual heat input.
    (B) Boiler number 5 is subject to New Source Performance Standards
and is limited to 1.20 pounds of sulfur dioxide per million BTU actual
heat input.
    (v) The present or any subsequent owner or operator of the Erie Coke
and Chemical Company facility in Lake County, Ohio shall not cause or
permit the combustion of by-product coke oven gas for coke oven
underfiring containing a total sulfur content expressed as hydrogen
sulfide in excess of 450 grains of hyrogen sulfide per 100 dry standard
cubic feet of coke oven gas. All existing boilers previously owned by
Diamond Shamrock will remain at 0.0 pounds of sulfur dioxide per million
BTU actual heat input.
    (vi) The Cleveland Electric Illuminating Company, or any subsequent
owner or operator of the Eastlake Plant in Lake County, Ohio, shall not
cause or permit the emission of sulfur dioxide from any stack at the
Eastlake Plant in excess of 5.64 pounds of sulfur dioxide per million
BTU actual heat input. Recordkeeping and reporting requirements and
compliance test methods are those found at paragraph (b)(2) of this
section.
    (vii) [Reserved]
    (viii)(A) The Lubrizol Corporation, or any subsequent owner or
operator of the Lubrizol facilities located in Lake County, Ohio, shall
not cause or permit the emission of sulfur dioxide from any stack at the
Lubrizol facility in excess of 20.00 pounds of sulfur dioxide per ton of
actual process weight input.
    (B) The Lubrizol Corporation, or any subsequent owner or operator of
the Lubrizol facilities located in Lake County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack for boilers 1, 2 or
3 at the Lubrizol facility in excess of 0.55 pound of sulfur dioxide per
million BTU actual heat input.
    (ix) The Republic Steel Corporation, or any subsequent owner or
operator of the Republic Steel facilities located in Lake County, Ohio,
shall not cause or permit the emission of sulfur dioxide from any stack
at the Republic Steel facility in excess of 4.21 pounds of sulfur
dioxide per ton of actual process weight input.
    (19) In Lawrence County: (i) The Allied Chemical Company or any
subsequent owner or operator of the Specialty Chemicals Division in
Lawrence County, Ohio, shall not cause or permit the emission of sulfur
dioxide from any fossil fuel-fired steam generating unit in excess of
5.52 pounds of sulfur dioxide per million BTU actual heat input.
    (ii)  [Reserved]
    (20) In Lorain County, no owner or operator, unless otherwise
specified in this paragraph, shall cause or permit sulfur dioxide
emissions from any stack in excess of the rates specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and
100 million BTU per hour total rated capacity of heat input, the maximum
allowable emission rate from any stack shall be calculated by the
following equation:
EL=21.176Q<INF>m</INF>-0.5477
where Q<INF>m</INF> is the total rated capacity of heat input in million
BTU per hour and EL is the allowable emission rate in pounds of sulfur
dioxide per million BTU actual heat input.
    (ii) For fossil fuel-fired steam generating units equal to or
greater than 100 million BTU per hour total rated capacity of heat
input, the maximum allowable emission rate from any stack shall be 1.70
pounds of sulfur dioxide per million BTU actual heat input.
    (iii) The Cleveland Electric Illuminating Company, or any subsequent
owner, or operator of the Avon Lake Plant in Lorain County, Ohio, shall
not cause or permit the emission of sulfur dioxide in pounds per million
BTU actual heat input from any stack at the
[[Page 367]]
Avon Lake Plant in excess of the rates specified below:
     Stack No. Boiler identification and Emission Limit (lbs/MMBTU)
Stack 1 (Boilers 1,2)=0.32
Stack 2 (Boilers 3,4)=0.32
Stack 3 (Boilers 5,6)=0.32
Stack 4 (Boilers 7,8)=0.32
Stack 9 (Boilers 9,10)=4.65
Stack 7 (Boiler 11)=4.65
Stack 8 (Boiler 12)=4.65
    Recordkeeping and reporting requirements and compliance test method
are those found at paragraph (b)(2) of this section.
    (iv) [Reserved]
    (v) The Cleveland Electric Illuminating Co. or any subsequent owner
or operator of the Edgewater Plant located in Lorain County, Ohio shall
not cause or permit the emission of sulfur dioxide from any stack at the
Edgewater facility in excess of 3.40 pounds of sulfur dioxide per
million BTU actual heat input.
    (vi) The United States Steel Corporation or any subsequent owner or
operator of the United States Steel facilities in Lorain County, Ohio,
shall not cause or permit the emission of sulfur dioxide from any stack
at those facilities in excess of:
    (A) For fossil fuel-fired steam generating units number 001 through
009: 1.20 pounds of sulfur dioxide per million BTU of actual heat input.
    (B) For fossil fuel-fired steam generating units number 010 through
012: 1.98 pounds of sulfur dioxide per million BTU of actual heat input.
    (C) For fossil fuel-fired steam generating unit number 013: 0.31
pound of sulfur dioxide per million BTU of actual heat input.
    (D) For all other fossil fuel-fired steam generating units,
paragraph (b) (38)(i) or (b)(38)(ii) of this section shall apply, as
applicable.
    (vii) The United States Steel Corporation or any subsequent owner or
operator of the United States Steel facilities in Lorain County, Ohio,
shall not cause or permit the combustion of by-product coke oven gas
from any stack containing a total sulfur content expressed as hydrogen
sulfide in excess of 368 grains of hydrogen sulfide per 100 dry standard
cubic feet of coke oven gas and shall not cause or permit the emission
of sulfur dioxide from any stack in excess of 1.98 pounds of sulfur
dioxide permillion BTU of actual heat input.
    (viii) The General Motors Corporation or any subsequent owner or
operator of the Fisher Body Plant at Lorain County, Ohio shall not cause
or permit the emission of sulfur dioxide from any stack at the Fisher
Body Plant in excess of the rates specified below:
    (A) 0.80 pound of sulfur dioxide per million BTU of actual heat
input for boilers number 001 and 002.
    (B) 0.90 pound of sulfur dioxide per million BTU of actual heat
input for boiler number 004.
    (C) For all other fossil fuel-fired steam generating units,
paragraph (b)(38)(i) or (38)(ii) of this section, shall apply, as
applicable.
    (ix) Oberlin College or any subsequent owner or operator of the
Oberlin College facility in Lorain County, Ohio shall not cause or
permit the emission of sulfur dioxide in excess of the rates specified
below:
    (A) 6.92 pounds of sulfur dioxide per million BTU of actual heat
input for coal-fired boilers No. 1 and 2.
    (B) 0.35 pounds of sulfur dioxide per million BTU of actual heat
input for oil-fired boiler No. 3.
    (x) The B. F. Goodrich Company or any subsequent owner or operator
of the facility in Lorain County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack in excess of the rates
specified below:
    (A) 129.0 nanograms of sulfur dioxide per joule (0.30 lbs.
SO<INF>2</INF>/MMBTU) of actual heat input for oil-fired boilers number
1, 2, 5, and 6.
    (B) 2237.1 nanograms of sulfur dioxide per joule (5.20 lbs.
SO<INF>2</INF>/MMBTU) of actual heat input for coal-fired boilers number
3 and 4.
    (21) In Lucas County, no owner or operator of the following types of
facilities, unless otherwise specified in this paragraph, shall cause or
permit sulfur dioxide emissions from any stack in excess of the rates
specified below:
    (i) For fossil fuel-fired steam generating units burning coal the
emission rate shall be 1.50 pounds of sulfur dioxide per million BTU
actual heat input.
[[Page 368]]
    (ii) For fossil fuel-fired steam generating units burning oil the
emission rate shall be 1.00 pound of sulfur dioxide per million BTU
actual heat input.
    (iii) The Toledo Edison Company or any subsequent owner or operator
of the Bay Shore Station in Lucas County, Ohio shall not cause or permit
sulfur dioxide emissions from any stack at the Bay Shore Station in
excess of the rates specified below:
    (A) 834.6 nanograms of sulfur dioxide per joule (1.94 lbs
SO<INF>2</INF>/MMBTU) actual heat input for the fossil fuel-fired steam
generating units burning coal.
    (B) 215.1 nanograms of sulfur dioxide per joule (0.50 lbs
SO<INF>2</INF>/MMBTU) actual heat input for the fossil fuel-fired
peaking unit burning oil.
    (iv) Standard Oil of Ohio or any subsequent owner or operator of the
Standard Oil of Ohio facility located in Lucas County, Ohio shall not
cause or permit sulfur dioxide emissions from any stack at this facility
in excess of the rates specified below:
    (A) 0.29 pound of sulfur dioxide per million BTU actual heat input
for all process heaters and fossil fuel-fired steam-generating units
unless otherwise specified in this subparagraph.
    (B) 1.00 pound of sulfur dioxide per million BTU actual heat input
for process heaters or fossil fuel-fired steam-generating units numbered
B024.
    (C) 0.50 pound of sulfur dioxide per million BTU actual heat input
for process heater or fossil fuel-fired steam-generating unit number
B021.
    (D) 0.57 pounds of sulfur dioxide per million BTU actual heat input
for process heaters or fossil fuel-fired steam-generating units numbered
B009, B010, B020, B023, and B025.
    (E) 0.92 pound of sulfur dioxide per 1,000 pounds of charging stock
for catalytic cracking units and CO boilers connected to a common stack.
    (F) 0.40 pound of sulfur dioxide per ton of actual process weight
input for any process.
    (v)  [Reserved]
    (vi) The Coulton Chemical Company or any subsequent owner or
operator of the Coulton Chemical facility in Lucas County, Ohio shall
not cause or permit the emission of sulfur dioxide from any stack at the
Coulton Chemical facility in excess of the rates specified below:
    (A) 0.00 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel fired steam generating units or process heaters.
    (B) 6.50 pounds of sulfur dioxide per ton of 100 percent sulfuric
acid produced for sulfuric acid production units.
    (vii) The Toledo Edison Company or any subsequent owner or operator
of the Acme Power Plant in Lucas County, Ohio shall not cause or permit
sulfur dioxide emissions from any stack at the Acme plant in excess or
the rates specified below:
    (A) 516.2 nanograms of sulfur dioxide per joule (1.20 lbs
SO<INF>2</INF>/MMBTU) actual heat input for fossil fuel-fired steam
generating units burning coal.
    (B) 1.00 pound of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired steam-generating units burning oil.
    (viii) Gulf Oil or any subsequent owner or operator of the Gulf Oil
facility in Lucas County, Ohio shall not cause or permit sulfur dioxide
emissions from any stack at the Gulf Oil facility in excess of the rates
specified below:
    (A) 0.90 pound of SO<INF>2</INF> per million BTU actual heat input
for fossil fuel-fired steam generating units numbered B001, B002, B003
and B004.
    (B) 1.03 pounds of SO<INF>2</INF> per million BTU actual heat input
for process heaters or fossil fuel-fired steam generating units numbered
B005, B006, and B013.
    (C) 1.21 pounds of SO<INF>2</INF> per million BTU actual heat input
for process heater numbered B009 and for the stack connecting process
heaters numbered B007 and B008.
    (D) 1.29 pounds of SO<INF>2</INF> per million BTU actual heat input
for process heater number B014.
    (E) 1.57 pounds of SO<INF>2</INF> per 1,000 pounds of charging stock
for catalytic cracking unit P003 and CO boiler B016 connected to the
same stack.
    (F) 200 pounds of SO<INF>2</INF> per 2,000 pounds of sulfur
processed for sulfur recover plant P005.
    (G) Gulf Oil or any subsequent owner or operator of these facilities
located in Lucas County, Ohio, shall not cause or permit the combustion
of refinery fuel gas at process heaters numbered
[[Page 369]]
B010, B011, B012, B015 and for the waste heat boiler stack connecting
process heaters numbered B017, B018, B019 and B020 containing a total
sulfur content expressed as hydrogen sulfide in excess of 10 grains of
hydrogen sulfide per 100 dry standard cubic feet of refinery fuel gas or
the emission of SO<INF>2</INF> from any stack of the above units in
excess of 0.04 pound of SO<INF>2</INF> per million BTU actual heat
input.
    (H) Gulf Oil or any subsequent owner or operator of the Gulf Oil
facilities located in Lucas County, Ohio shall operate only one of the
units numbered B001, B002, B003, and B004 simultaneously with the 3
units numbered B005, B006 and B016.
    (I) Gulf Oil or any subsequent owner or operator of the Gulf Oil
facilities located in Lucas County, Ohio, shall not operate more than
two of the units numbered B001, B002, B003, and B004 simultaneously with
two of the units numbered B005, B006 and B016.
    (J) Gulf Oil or any subsequent owner or operator of the Gulf Oil
facilities located in Lucas County, Ohio shall limit the simultaneous
operation of B001, B002, B003, and B004 to the operating configurations
specified in paragraphs (b)(39)(viii) (H) and (I) of this section.
    (ix) The Toledo Edison Company or an subsequent owner or operator of
the Water Street Steam Plant in Lucas County, Ohio shall not cause or
permit sulfur dioxide emissions from any stack at the Water Street Plant
in excess of 430.2 nanograms of sulfur dioxide per joule (1.00 lbs
SO<INF>2</INF> per MMBTU) actual heat input.
    (x) Phillips Petroleum Company or any subsequent owner or operator
of the Toledo Philblack Plant in Lucas County, Ohio shall not cause or
permit sulfur dioxide emissions from any stack at the Toledo Philblack
Plant in excess of the rates specified below:
    (A) 4.67 pounds of sulfur dioxide per million BTU actual heat input
for any process dryer.
    (B) 4.99 pounds of sulfur dioxide per million BTU actual heat input
for all fossil fuel-fired steam-generating units, processes and
incinerator unless otherwise specified in this paragraph.
    (xi) Interlake Incorporated or any subsequent owner or operator of
the Interlake Incorporated facility in Lucas County, Ohio shall not
cause or permit sulfur dioxide emissions from any stack at this facility
in excess of the rates specified below:
    (A) 43.0 nanograms of sulfur dioxide per joule (0.10 lbs SO <INF>2</INF>
MMBTU) actual heat input for the fossil fuel-fired steam-generating
units and the combined maximum hourly allowable heat input rate shall
not exceed 300 million BTUs per hour.
    (xii) Nabisco or any subsequent owner or operator of the Nabisco
facility in Lucas County, Ohio shall not cause or permit sulfur dioxide
emissions from any stack at this facility in excess of 1.20 pounds of
sulfur dioxide per million BTU actual heat input.
    (xiii) The Toledo Hospital or any subsequent owner or operator of
the Toledo Hospital in Lucas County, Ohio shall not cause or permit
sulfur dioxide emissions from any stack at this facility in excess of
3.50 pounds of sulfur dioxide per million BTU actual heat input.
    (xiv) Sun Petroleum Products Company or any subsequent owner or
operator of the Sun Petroleum Products Company facility in Lucas County,
Ohio shall not cause or permit sulfur dioxide emissions from any stack
at the Sun facility in excess of the rates specified below:
    (A) Unless otherwise specified in this paragraph, the combustion of
refinery fuel gas containing a total sulfur content expressed as
hydrogen sulfide in excess of 10 grains of hydrogen sulfide per 100 dry
standard cubic feet of refinery fuel gas or the emission of sulfur
dioxide from any stack at this facility in excess of 0.04 pounds of
sulfur dioxide per million BTU actual heat input.
    (B) 0.0 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired steam-generating units or process operation
heaters numbered 502, 1901, 1902, 1903, 1904, 1905, and 1906.
    (C) 3.00 pounds of sulfur dioxide per 1,000 pounds of charging stock
for catalytic cracking units and CO boilers connected to the same stack.
    (D) 1.80 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired steam-generating unit numbered 1910.
[[Page 370]]
    (E) 1.60 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired process heater units numbered 507 and 508.
    (F) 1.50 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired process heater unit numbered 301.
    (G) 1.40 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired process heater units numbered 9401.
    (H) 1.10 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired process heater units numbered 501 and 503.
    (I) 0.90 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired process heater unit numbered 304.
    (J) 70 pounds of sulfur dioxide per 1,000 pounds of sulfur processed
for sulfur recovery plants.
    (K) Fossil fuel-fired process heater units numbered 501 and 503 will
not be operated simultaneously with Fossil fuel-fired process heater
unit number 507.
    (xv) Seneca Petroleum or any subsequent owner or operator of the
Seneca Petroleum facility in Lucas County, Ohio shall not cause or
permit sulfur dioxide emissions from any stack at the Seneca Petroleum
facility in excess of 1.20 pounds of sulfur dioxide per million BTU
actual heat input.
    (xvi) The Koppers Company Incorporated or any subsequent owner or
operator of the Koppers facility in Lucas County, Ohio shall not cause
or permit sulfur dioxide emissions from any stack at this facility in
excess of the rates specified below:
    (A) 111.8 nanograms of sulfur dioxide per joule (0.26 lbs. SO <INF>2</INF>
MMBTU) actual heat input for the two new fossil fuel-fired steam-
generating units.
    (B) 1.69 kilogram of sulfur dioxide per metric ton (3.38 lbs. SO
<INF>2</INF> per ton) of actual process weight input for the coke
battery.
    (22) In Mahoning County, no owner or operator, unless otherwise
specified in this paragraph, shall cause or permit the emission of
sulfur dioxide in excess of the rates specified below:
    (i) For fossil fuel-fired steam-generating units: 0.50 pound of
sulfur dioxide per million BTU of actual heat input.
    (ii) For process operations: 1.00 pound of sulfur dioxide per ton of
actual process weight input.
    (iii) No owner or operator shall cause or permit the combustion of
by-product coke oven gas from any stack containing a total sulfur
content expressed as hydrogen sulfide in excess of 135 grains hydrogen
sulfide per 100 dry standard cubic feet of coke oven gas or the emission
of sulfur dioxide from any stack in excess of 0.68 pound of sulfur
dioxide per million BTU actual heat input.
    (iv) The Ohio Edison Company or any subsequent owner or operator of
the North Avenue Steam Plant located in Mahoning County shall not cause
or permit the emission of sulfur dioxide from any stack at the North
Avenue Steam Plant in excess of 4.75 pounds of sulfur dioxide per
million BTU of actual heat input.
    (v) Lonardo & Sons Greenhouse or any subsequent owner or operator of
the Lonardo & Sons Greenhouse facilities located in Mahoning County,
Ohio shall not cause or permit the emission of sulfur dioxide from any
stack at Lonardo & Sons Greenhouse in excess of 2.00 pounds of sulfur
dioxide per million BTU actual heat input.
    (vi) Whiteacre-Greer Fireproofing or any subsequent owner or
operator of the Whiteacre-Greer facilities located at Mahoning County,
Ohio shall not cause or permit the emission of sulfur dioxide from any
stack at Whiteacre-Greer in excess of 20 pounds of sulfur dioxide per
ton of actual process weight input.
    (vii) The Koppers Company or any subsequent owner or operator of the
Koppers Company facilities located in Mahoning County, Ohio, shall not
cause or permit the emission of sulfur dioxide from the stack connected
to boiler number 3 in excess of 4.0 pounds of sulfur dioxide per million
BTU actual heat input.
    (viii) The Youngstown Sheet and Tube Company or any subsequent owner
or operator of the Brier Hill Works located in Mahoning County, Ohio
shall not cause or permit the emission of sulfur dioxide from any stack
in excess of 0.00 pound sulfur dioxide per million BTU actual heat
input.
[[Page 371]]
    (ix) The Youngstown Sheet and Tube Company or any subsequent owner
or operator of the Campbell and Struthers Works located in Mahoning
County, Ohio shall not cause or permit the emission of sulfur dioxide
except as specified below:
    (A) 2.67 pounds of sulfur dioxide per million BTU actual heat input
from any stack at the coke plant.
    (B) For the seamless mills, paragraphs (b)(40)(ix)(B) (1), (2) or
(3) of this section apply in conjunction with paragraph (b)(40)(ix)(B)
(4) of this section.
    (1) 2.67 pounds of sulfur dioxide per million BTU actual heat input
from any stack when coke oven gas is being combusted.
    (2) When mixed gases are being combusted the maximum allowable
emission limit from each stack shall be determined by the following
equation:
[GRAPHIC] [TIFF OMITTED] TC12NO91.000
    (3) 18.68 pounds of sulfur dioxide per ton of process weight from
any stack when any fuel is being combusted.
    (4) 2309 tons of sulfur dioxide per any 365 day period from the
seamless mills as a whole.
    (C) For the boilerhouse, paragraphs (b)(40)(ix)(C) (1), (2), (3),
(4) or (5) of this section apply in conjunction with paragraph
(b)(40)(ix)(C) (6) of this section.
    (1) 2.67 pounds of sulfur dioxide per million BTU actual heat input
from any boiler unit when coke oven gas is being combusted.
    (2) When mixed gases are being combusted the maximum allowable
emission limit from each stack shall be determined by the following
equation:
[GRAPHIC] [TIFF OMITTED] TC12NO91.001
    (3) 1.06 pounds of sulfur dioxide per million BTU actual heat input
from any boiler unit when fuel oil is being combusted.
    (4) 0.93 pounds of sulfur dioxide per million BTU actual heat input
from any boiler unit when tar is being combusted.
    (5) 4.77 pounds of sulfur dioxide per million BTU actual heat input
from any boiler unit when coal is being combusted.
    (6) 4747 tons of sulfur dioxide per any continuous 365 day period
from the boilerhouse as a whole plus the fraction of the 365 day period
emission limitation for the seamless mills not consumed by emissions
from the seamless mills in the same 365 day period.
    (23) In Montgomery County, no owner or operator of any fossil fuel-
fired steam generating unit(s), unless otherwise specified in this
paragraph, shall cause or permit sulfur dioxide emissions in excess of
the rates specified below:
    (i) 1.60 pounds sulfur dioxide per million BTU actual heat input for
fossil fuel-fired steam generating units.
    (ii)-(vii)  [Reserved]
    (viii) No owner or operator of any process equipment shall cause or
permit the emission from any stack any process gas stream containing
sulfur dioxide in excess of 2.60 pounds of sulfur dioxide per ton of
actual process weight input.
    (24) The Portsmouth Gaseous Diffusion Plant in Pike County or any
subsequent owner or operator of its fossil fuel-fired steam generating
unit shall not cause or permit the emission of sulfur dioxide from any
stack in excess of 2650.1 nanograms of sulfur dioxide per joule (6.16
lbs. SO<INF>2</INF>/MMBTU).
    (25) In Ross County, the Mead Corporation or any subsequent owner or
operator of the Mead Corporation facilities at Ross County, Ohio shall
not cause or permit emission of sulfur dioxide from any stack in excess
of the following rates:
    (i) 4.90 pounds of sulfur dioxide per ton of actual solids input.
    (ii) 0.00 pound of sulfur dioxide per million BTU actual heat input
for stacks 1, 2, 3, and 4. For purposes of this regulation each stack is
identified as follows:
------------------------------------------------------------------------
                Stack No.                      Boiler identification
------------------------------------------------------------------------
1........................................  1.
2........................................  2.
3........................................  3.
4........................................  Chilpalco No. 5.
------------------------------------------------------------------------
[[Page 372]]
    (26) In Sandusky County: (i) The Martin Marietta Company or any
subsequent owner or operator of the Martin Marietta facilities in
Sandusky County, Ohio shall not cause or permit the emission of sulfur
dioxide from any stack in excess of 15.42 pounds of sulfur dioxide per
ton of actual process weight input.
    (ii)  [Reserved]
    (27) In Stark County, no owner or operator of the following types of
facilities, unless otherwise specified in this paragraph, shall cause or
permit emission of sulfur dioxide from any stack in excess of the rates
specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and
60.0 million BTU per hour total rated capacity of heat input, the
emission rate in pounds of sulfur dioxide per million BTU actual heat
input shall be calculated by the following equation:
EL=18.48Q<INF>m</INF>-0.4886
where Q<INF>m</INF> is the total rated capacity of heat input in million
BTU per hour and EL is the allowable emission rate in pounds of sulfur
dioxide per million BTU actual heat input.
    (ii) For fossil fuel-fired steam generating units equal to or
greater than 60 million BTU per hour total rated capacity of heat input:
2.50 pounds of sulfur dioxide per million BTU actual heat input.
    (iii) Republic Steel Corporation or any subsequent owner or operator
of the Massillon facilities in Stark County, Ohio shall not cause or
permit the emission of sulfur dioxide from any fossil fuel-fired steam
generating unit stack at the Massillon facility in excess of 4.40 pounds
of sulfur dioxide per million BTU actual heat input.
    (iv) The present or any subsequent owner or operator of the
Massillon State Hospital facilities in Stark County, Ohio shall not
cause or permit the emission of sulfur dioxide from any stack at this
facility in excess of 5.20 pounds of sulfur dioxide per million BTU
actual heat input.
    (v) The present or any subsequent owner or operator of the Grief
Board Company facilities in Stark County, Ohio shall not cause or permit
the emission of sulfur dioxide from any stack at this facility in excess
of 0.50 pound of sulfur dioxide per million BTU actual heat input.
    (vi) The present or subsequent owner or operator of the Timken
Company facilities in Stark County, Ohio shall not cause or permit the
emission of sulfur dioxide from any fossil fuel-fired steam-generating
unit(s) stack at this facility in excess of the rates specified below:
    (A) 3.08 pounds of sulfur dioxide per million BTU actual heat input
for the stack common to the fossil fuel-fired steam-generating units
B001 and B002 at the Canton plant.
    (B) 0.93 pounds of sulfur dioxide per million BTU actual heat input
for the fossil fuel-fired steam-generating unit B003 at the Canton
plant.
    (C) 0.0 pounds of sulfur dioxide per million BTU actual heat input
for the fossil fuel-fired steam-generating units B003 and B004 at the
Gambrinus Plant.
    (D) 0.67 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired steam-generating units at the Gambrinus Plant
unless otherwise specified in this paragraph.
    (vii) No owner or operator of any by-product coke oven operating in
Stark County, Ohio shall cause or permit the combustion of by-product
coke oven gas containing a total sulfur content expressed as hydrogen
sulfide in excess of 350 grains of hydrogen sulfide per 100 dry standard
cubic feet of coke oven gas or the emission of sulfur dioxide from any
stack in excess of 1.70 pounds of sulfur dioxide per million BTU actual
heat input.
    (viii) No owner or operator of any process equipment in Stark
County, Ohio shall cause or permit the emission of sulfur dioxide from
any stack in excess of 80.0 pounds of sulfur dioxide per ton of actual
process weight input.
    (ix) The Ashland Oil Company, or any subsequent owner or operator of
the Ashland Oil Company facilities in Stark County, Ohio shall not cause
or permit sulfur dioxide emissions from any stack at this facility in
excess of the emission limitations listed below:
    (A) 0.025 pounds of sulfur dioxide per million BTU actual heat input
for units 4-0-B-3, 4-2-B-1, 4-2-B-2, and 4-27-B-1.
    (B) 1.00 pounds of sulfur dioxide per million BTU actual heat input
for all
[[Page 373]]
process heaters and fossil fuel-fired steam-generating units unless
otherwise specified in this paragraph.
    (C) 0.62 pounds of sulfur dioxide per 1,000 pounds of charging stack
for catalytic cracking units.
    (D) 2.00 pounds of sulfur dioxide per 100 pounds of sulfur processed
for sulfur recovery plants.
    (E) Only two of the following three units may be operated
simultaneously: 4-16-B-1, 4-16-B-2, and 4-16-B-12.
    (x) The present or any subsequent owner or operator of the Hoover
Co. in Stark County, Ohio shall not cause or permit the emission of
sulfur dioxide in excess of 8.0 pounds of sulfur dioxide per million BTU
actual heat input for the coal-fired boiler and 0.4 pounds of sulfur
dioxide per million BTU actual heat input for the gas-fired boiler.
    (28) In Summit County, no owner or operator of the following types
of facilities, unless otherwise specified in this subparagraph, shall
cause or permit emissions of sulfur dioxide from any stack in excess of
the rates specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and
300 million BTU per hour total rated capacity of heat input, the
emission rate in pounds of sulfur dioxide per million BTU actual heat
input shall be calculated by the following equation:
EL=17.55 Q<INF>m</INF>-0.3933
where Q<INF>m</INF> is the total rated capacity of heat input in million
BTU per hour and EL is the allowable emission rate in pounds of sulfur
dioxide per million BTU actual heat input.
    (ii) For fossil fuel-fired steam generating unit(s) equal to or
greater than 300 million BTU per hour total rated capacity of heat
input, 1.80 pounds of sulfur dioxide per million BTU actual heat input.
    (iii) The present or any subsequent owner or operator of the Diamond
Crystal facility in Summit County, Ohio, shall not cause or permit the
emission of sulfur dioxide from coal-fired boilers at this facility in
exess of 4.72 pounds of sulfur dioxide per million BTU of actual heat
input or the emission of sulfur dioxide from oil-fired boilers at this
facility in excess of 0.30 pound of sulfur dioxide per million BTU of
actual heat input.
    (iv) The present or any subsequent owner or operator of the
Kittinger Supply Co. (formerly known as Akwell Industries) facility in
Summit County, Ohio, shall not cause or permit the emission of sulfur
dioxide from oil-fired --oilers at this facility in excess of 0.80 pound
of sulfur dioxide per million BTU of actual heat input or the emission
of sulfur dioxide from coal-fired boilers at this facility in excess of
2.38 pounds of sulfur dioxide per million BTU of actual heat input.
    (v) The present or subsequent owner or operator of the Ohio Brass
Company facilities in Summit County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at this facility in excess of
4.20 pounds of sulfur dioxide per million BTU actual heat input.
    (vi) The present or subsequent owner or operator of the Seiberling
Rubber Co. facilities in Summit County, Ohio, shall not cause or permit
the emission of sulfur dioxide from any stack at this facility in excess
of 1.46 pounds of sulfur dioxide per million BTU actual heat input.
    (vii) The present or subsequent owner or operator of the Firestone
Tire & Rubber Co. facilities in Summit County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack at this facility in
excess of the rates specified below:
    (A) 1.76 pounds of sulfur dioxide per million BTU of actual heat
input from boiler 21 when oil fired and 2.87 pounds of sulfur dioxide
per million BTU of actual heat input from boilers 22 and 23 when coal
fired.
    (B) In lieu of meeting paragraph (59)(vii)(A) of this paragraph (b),
the Firestone Tire and Rubber Co. may elect to comply with the alternate
emission limitation of 2.20 pounds of sulfur dioxide per million BTU of
actual heat input from boilers 21, 22, and 23 when all are oil fired.
    (C) Firestone Tire & Rubber Co. or any subsequent owner or operator
of the Firestone Tire & Rubber facilities located in Summit County,
Ohio, shall operate no more than two of the boilers, 21, 22, or 23
simultaneously whether complying with either Sec. 52.1881 (b) (59) (vii)
(A) or Sec. 52.1881 (b) (59) (vii) (B).
[[Page 374]]
    (viii) The present or subsequent owner or operator of the B. F.
Goodrich Co. facilities in Summit County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack at this facility in
excess of the rates specified below:
    (A) 0.51 pound of sulfur dioxide per million BTU actual heat input
for oil-fired boiler 31.
    (B) 7.0 pounds of sulfur dioxide per million BTU actual heat input
for coalfired Boilers 27 and 32.
    (C) The B. F. Goodrich Co. or any subsequent owner or operator of
the B. F. Goodrich facilities in Summit County, Ohio, shall not operate
boiler 27 simultaneously with boiler 32.
    (ix) The Goodyear Tire & Rubber Co. or any subsequent owner or
operator of the Goodyear facilities in Summit County, Ohio, shall not
cause or permit the emission of sulfur dioxide from any stack in excess
of the rates specified below:
    (A) 4.47 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired steam-generating unit B001 located at plant I.
    (B) 0.50 pound of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired steam-generating units B002 and B003 located at
plant I.
    (C) 160 pounds of sulfur dioxide per 1,000 pounds of sulfur
processed, for the sulfur recovery unit(s).
    (D) for Plant II boilers:
    (1) 2.24 pounds of sulfur dioxide per million BTU actual heat input
for coal-fired boilers A and B exiting through stack 4.
    (2) 2.24 pounds of sulfur dioxide per million BTU actual heat input
for coal-fired boiler C exiting through stack 5.
    (3) 2.24 pounds of sulfur dioxide per million BTU acutal heat input
for coal-fired boiler D exiting through stack 6.
    (E) In lieu of meeting paragraph (59)(ix)(D) of this paragraph (b),
The Goodyear Tire and Rubber Company may elect to comply with the
alternate emission limitations and operating conditions specified below
for Plant II boilers, provided the General Tire and Rubber Company or
any subsequent owner or operator of the General Tire facilities in
Summit County, Ohio complies with Sec. 52.1881(b)(xviii)(D):
    (1) The Goodyear Tire and Rubber Company shall not cause or permit
the emission of sulfur dioxide from any stack in excess of the rates
specified below:
    (i) 4.64 pounds of sulfur dioxide per million BTU actual heat input
for coal-fired boilers A, B, and C exiting through stack 4.
    (ii) 4.64 pounds of sulfur dioxide per million BTU actual heat input
for coal-fired boiler D exiting through stack 6.
    (2) The Goodyear Tire and Rubber Company shall operate no more than
three of the boilers A, B, C, or D simultaneously.
    (3) The Goodyear Tire and Rubber Company shall not operate boiler D
simultaneously with boilers A and B.
    (x) The present or any subsequent owner or operator of the Tecumseh
Company facilities in Summit County, Ohio shall not cause or permit
sulfur dioxide emissions from fossil fuel-fired steam generating unit(s)
in excess of the rates specified below:
    (A) 1.70 pounds sulfur dioxide per million BTU actual heat input for
coal-fired units, and
    (B) 0.70 pound sulfur dioxide per million BTU actual heat input for
oil-fired unit(s).
    (xi) The Ohio Edison or any subsequent owner or operator of the Ohio
Edison Company's Beech Street power station in Summit County, Ohio,
shall not cause or permit the emission of sulfur dioxide from any stack
at the Beech Street plant in excess of 0.00 pounds of sulfur dioxide per
million BTU actual heat input.
    (xii) The Ohio Edison Co. or any subsequent owner or operator of the
Ohio Edison Co.'s Gorge plant in Summit County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack at the Gorge plant
in excess of 4.07 pounds of sulfur dioxide per million BTU actual heat
input.
    (xiii) No owner or operator of any process equipment, unless
otherwise specified in this paragraph, shall cause or permit the
emission of sulfur dioxide from any stack containing sulfur dioxide in
excess of 17.0 pounds of sulfur dioxide per ton of actual process weight
input.
[[Page 375]]
    (xiv) PPG Industries or any subsequent owner or operator of the PPG
Industries facilities in Summit County, Ohio, shall not cause or permit
the emission of sulfur dioxide from any stack at this facility in excess
of 0.00 pounds of sulfur dioxide per million BTU actual heat input for
each coal-fired unit.
    (xv) PPG Industries, or any subsequent owner or operator of the PPG
Industries, Inc., Columbia Cement Plant, located in Summit County, Ohio,
shall not cause or permit the emission of sulfur dioxide from any stack
in excess of 0.0 pounds of sulfur dioxide per ton actual process weight
input for the kilns.
    (xvi) The present or any subsequent owner or operator of the Midwest
Rubber Co. in Summit County, Ohio, shall not cause or permit the
emission of sulfur dioxide from any stack at this facility in excess
1.80 pounds of sulfur dioxide per million BTU actual heat input.
    (xvii) The present or any subsequent owner or operator of the Terex
Division of General Motors Corp. in Summit County, Ohio, shall not cause
or permit the emission of sulfur dioxide from any stack at this facility
in excess of 0.85 pounds of sulfur dioxide per million BTU actual heat
input.
    (xviii) The present or any subsequent owner or operator of the
General Tire & Rubber Co. in Summit County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack at this facility in
excess of the rates specified below:
    (A) 0.46 pound of sulfur dioxide per million BTU actual heat input
for oil-fired boiler 1 when exiting through stack S-35.
    (B) 0.46 pound of sulfur dioxide per million BTU actual heat input
for oil-fired boiler 2 when exiting through stack S-36.
    (C) 0.46 pound of sulfur dioxide per million BTU actual heat input
for oil-fired boiler 3 when exiting through stack S-37.
    (D) In lieu of meeting paragraph (59)(xviii) (A), (B), and (C) of
this paragraph (b), The General Tire and Rubber Company may elect to
comply with the alternate emission limitations and operating conditions
specified below, provided the Goodyear Tire and Rubber Company or any
owner of operator of the Goodyear Tire and Rubber Plant II facilities in
Summit County, Ohio, complies with Sec. 52.1881(b)(ix)(E):
    (1) The General Tire and Rubber Company shall not cause or permit
the emission of sulfur dioxide from any stack in excess 2.47 pounds of
sulfur dioxide per million BTU actual heat input for oil-fired boilers
1, 2, and 3 when exiting through one-175 foot stack consistent with
section 123 of the Clean Air Act, as amended.
    (xix) The present or any subsequent owner or operator of the
Goodyear Aerospace Co. in Summit County, Ohio, shall not cause or permit
the emission of sulfur dioxide from any stack at AB boilerhouse of this
facility in excess of 1.10 pounds of sulfur dioxide per million BTU of
actual heat input or the emission of sulfur dioxide from any stack at D
boilerhouse of the facility in excess of 1.83 pounds of sulfur dioxide
per million BTU of actual heat input.
    (xx) The present or any subsequent owner or operator of the B. F.
Goodrich Chemical Co. in Summit County, Ohio, shall not cause the
emission of sulfur dioxide from any stack at this facility in excess of
5.22 pounds of sulfur dioxide per million BTU actual heat input.
    (xxi) The present or any subsequent owner or operator of the
Chrysler Corp. in Summit County, Ohio, shall not cause or permit the
emission of sulfur dioxide from any stack at this facility in excess of
the rates specified below:
    (A) 0.86 pound of sulfur dioxide per million BTU actual heat input
for boiler No. B001.
    (B) 1.19 pounds of sulfur dioxide per million BTU actual heat input
for boilers Nos. B002 and B003.
    (29) In Washington County: (i) The Shell Oil Company or any
subsequent owner or operator of the Shell Oil facilities at Washington
County, Ohio shall not cause or permit the emission of sulfur dioxide
from any stack at this facility in excess of 2.50 pounds of sulfur
dioxide per million BTU actual heat input.
    (ii)  [Reserved]
    (30) In Wood County, no owner or operator of any fossil fuel-fired
steam generating unit or process operation
[[Page 376]]
heater shall cause or permit the emission of sulfur dioxide from any
stack in excess of 1.10 pounds of sulfur dioxide per million BTU actual
heat input.
    (i) Bowling Green University or any subsequent owner of the Bowling
Green facility in Wood County, Ohio, shall not cause or permit the
emission of sulfur dioxide from any stack at this facility in excess of
5.5 pounds of sulfur dioxide per million BTU actual heat input.
[39 FR 13542, Apr. 15, 1974]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1881, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
    Effective Date Note: At 65 FR 35581, June 5, 2000, Sec. 52.1881 was
amended by revising paragraphs (a)(4) and (a)(8) and by adding (a)(14),
effective July 5, 2000. For the convenience of the user, the superseded
text follows:
Sec. 52.1881  Control strategy: Sulfur oxides (sulfur dioxide).
    (a) *  *  *
    (4) Approval--EPA approves the sulfur dioxide emission limits for
the following counties: Adams County (except Dayton Power & Light--
Stuart), Allen County (except Cairo Chemical), Ashland County, Ashtabula
County, Athens County, Auglaize County, Belmont County, Brown County,
Carroll County, Champaign County, Clark County, Clermont County (except
Cincinnati Gas & Electric--Beckjord), Clinton County, Columbiana County,
Coshocton County (except Columbus & Southern Ohio Electric--Conesville),
Crawford County, Darke County, Defiance County, Delaware County, Erie
County, Fairfield County, Fayette County, Fulton County, Gallia County
(except Ohio Valley Electric Company--Kyger Creek and Ohio Power--
Gavin), Geauga County, Greene County, Guernsey County, Hamilton County,
Hancock County, Hardin County, Harrison County, Henry County, Highland
County, Hocking County, Holmes County, Huron County, Jackson County,
Jefferson County, Knox County, Lake County (except Painesville Municipal
Plant boiler number 5) , Lawrence County (except Allied Chemical--South
Point), Licking County, Logan County, Lorain County (except Ohio
Edison--Edgewater, Cleveland Electric Illuminating--Avon Lake, U.S.
Steel--Lorain, and B.F. Goodrich), Lucas County (except Gulf Oil
Company, Coulton Chemical Company, and Phillips Chemical Company),
Madison County, Marion County, Medina County, Meigs County, Mercer
County, Miami County, Monroe County, Morgan County, Montgomery County
(except Bergstrom Paper and Miami Paper), Morrow County, Muskingum
County, Noble County, Ottawa County, Paulding County, Perry County,
Pickaway County, Pike County (except Portsmouth Gaseous Diffusion
Plant), Portage County, Preble County, Putnam County, Richland County,
Ross County (except Mead Corporation), Sandusky County (except Martin
Marietta Chemicals), Scioto County, Seneca County, Shelby County,
Trumbull County, Tuscarawas County, Union County, Van Wert County,
Vinton County, Warren County, Washington County (except Shell Chemical),
Wayne County, Williams County, Wood County (except Libbey-Owens-Ford
Plants Nos. 4 and 8 and No. 6), and Wyandot County.
                                * * * * *
    (8) No Action--EPA is neither approving nor disapproving the
emission limitations for the following counties on sources pending
further review: Adams County (Dayton Power & Light--Stuart), Allen
County (Cairo Chemical), Butler County, Clermont County (Cincinnati Gas
& Electric--Beckjord), Coshocton County (Columbus & Southern Ohio
Electric--Conesville), Cuyahoga County, Franklin County, Gallia County
(Ohio Valley Electric Company--Kyger Creek, and Ohio Power--Gavin), Lake
County (Painesville Municipal Plant boiler number 5), Lawrence County
(Allied Chemical--South Point), Lorain County (Ohio Edison--Edgewater
Plant, Cleveland Electric Illuminating--Avon Lake, U.S. Steel--Lorain,
and B.F. Goodrich), Lucas County (Gulf Oil Company, Coulton Chemical
Company, and Phillips Chemical Company), Mahoning County, Montgomery
County (Bergstrom Paper and Miami Paper), Pike County (Portsmouth
Gaseous Diffusion Plant), Ross County (Mead Corporation), Sandusky
County (Martin Marietta Chemicals), Stark County, Washington County
(Shell Chemical Company), and Wood County (Libbey-Owens-Ford Plants Nos.
4 and 8 and No. 6).
                                * * * * *
Sec. 52.1882  Compliance schedules.
    (a) Federal compliance schedules. (1) Except as provided in
paragraph (a)(5) of this section, the owner or operator of any process
equipment subject to applicable paragraphs of Sec. 52.1881(b), shall
comply with the compliance schedule in paragraph (a)(2) of this section.
    (2) Any owner or operator of any process equipment subject to
applicable paragraphs of Sec. 52.1881(b) of this chapter shall take the
following actions to comply with the requirements
[[Page 377]]
of said regulation with respect to that source no later than the date
specified.
    (i) 8 weeks from the date of promulgation--Submit preliminary
control plans to the Administrator.
    (ii) 25 weeks from the date of promulgation--Submit final control
plan to the Administrator.
    (iii) 34 weeks from the date of promulgation--Award contracts for
emissions control systems or process modification, or issue orders for
purchase of component parts to accomplish emission control or process
modification and notify the Administrator in writing that such action
was taken.
    (iv) 52 weeks from the date of promulgation--Initiate on-site
construction or installation of emission control equipment or process
change and notify the Administrator in writing that such action was
taken.
    (v) 139 weeks from the date of promulgation--Complete construction
or installation of emission control equipment or process change and
notify the Administrator in writing that such action was taken.
    (vi) 154 weeks from the date of promulgation--Complete shakedown
operations and performance test on source, submit performance test
results to the Administrator and achieve final compliance with
Sec. 52.1881(b) of this chapter, as applicable.
    (3) Except as provided in paragraph (a)(5) of this section, the
owner or operator of any stack venting any fossil fuel-fired steam
generating unit(s) subject to Sec. 52.1881(b) of this chapter shall
comply the applicable compliance schedule in paragraph (a)(4) of this
section.
    (4)(i) The owner or operator of any stack venting any fossil fuel
fired steam generating unit(s) subject to Sec. 52.1881(b) of this
chapter who elects to comply with an applicable optional emission
limitation specified in Sec. 52.1881(b) of this chapter, shall notify
the Administrator no later than eight weeks after the date of this
promulgation of the specific emission limitations selected. Failure to
select applicable optional emission limitations shall result in the
facility being subject to the single uniform emission limitation for all
stacks at that facility specified in Sec. 52.1881(b). Notice received
later than eight weeks after the date of promulgation shall be invalid.
    (ii) The owner or operator of any fossil fuel-fired steam generating
unit(s) subject to applicable paragraphs of Sec. 52.1881(b) of this
chapter shall notify the Administrator no later than eight weeks after
the date of promulgation of his intent to utilize either low-sulfur fuel
including blended or washed coal or flue gas desulfurization to comply
with the requirements of said regulation.
    (iii) Any owner or operator of any stack venting any fossil fuel-
fired steam generating unit(s) subject to applicable paragraphs of
Sec. 52.1881(b) of this chapter who elects to utilize low-sulfur fuel
including blended or washed coal to comply with the requirements of said
regulation shall take the following actions with respect to that source
no later than the date specified:
    (a) 8 weeks from the date of promulgation--Submit to the
Administrator a projection for 10 years of the amount of fuel by types
that will be substantially adequate to enable compliance with
Sec. 52.1881(b) of this chapter, as applicable.
    (b) 32 weeks from the date of promulgation--Submit data
demonstrating the availability of the fuel meeting the requirements
projected in paragraph (a)(4)(iii)(a) of this section, to the
Administrator.
    (c) 36 weeks from the date of promulgation--Submit a statement to
the Administrator as to whether boiler modifications will or will not be
required. If modifications will be required, submit plans for such
modifications.
    (d) 50 weeks from the date of promulgation--Let contracts for
necessary boiler modifications, if applicable, and notify the
Administrator in writing that such action was taken.
    (e) 60 weeks from the date of promulgation--Initiate on-site
modifications, if applicable, and notify the Administrator in writing
that such action was taken.
    (f) 118 weeks from the date of promulgation--Complete on-site
modification, if applicable, and notify the Administrator in writing
that such action was taken.
    (g) 122 weeks from the date of promulgation--Achieve final
compliance
[[Page 378]]
with the emission limitation of Sec. 52.1881(b) of this chapter, as
applicable, and notify the Administrator in writing that such action was
taken.
    (iv) Any owner or operator of any stack venting any fossil fuel-
fired steam generating unit(s) subject to applicable paragraphs of
Sec. 52.1881(b) of this chapter who elects to utilize flue gas
desulfurization to comply with the requirements of said regulations
shall take the following actions with respect to the source no later
than the date specified.
    (a) 17 weeks from the date of promulgation--Let necessary contracts
for construction and notify the Administrator in writing that such
action was taken.
    (b) 61 weeks from the date of promulgation--Initiate on-site
construction and notify the Administrator in writing that such action
was taken.
    (c) 145 weeks from the date of promulgation--Complete on-site
construction and notify the Administrator in writing that such action
was taken.
    (d) 156 weeks from the date of promulgation--Complete shakedown
operations and performance test on source, submit performance test
results to the Administrator and achieve final compliance with
Sec. 52.1881(b) of this chapter, as applicable.
    (5)(i) None of the preceding paragraphs of this paragraph shall
apply to any owner or operator of a source which is presently in
compliance with the applicable paragraphs of Sec. 52.1881(b) of this
chapter.
    (ii) Any owner or operator of a source capable of emitting 100 tons
of sulfur dioxide per year from all stacks at any facility who is
presently in compliance with the applicable paragraphs of
Sec. 52.1881(b) of this chapter shall so certify to the Administrator by
four weeks from the date of promulgation.
    (iii) Any owner or operator subject to a compliance schedule in this
paragraph who elects to achieve compliance by means not covered by this
paragraph may submit to the Administrator no later than six weeks from
the date of promulgation a proposed alternative compliance schedule. For
process equipment subject to applicable paragraphs of Sec. 52.1881(b) of
this chapter no such compliance schedule may provide for final
compliance after the final compliance date in paragraph (a)(2) of this
section. For any stack venting any fossil fuel-fired steam generating
unit(s) subject to applicable paragraphs of Sec. 52.1881(b) of this
chapter, which will utilize low-sulfur fuel including blended or washed
coal to comply with the requirements of said regulations, no such
compliance schedule may provide for final compliance after final
compliance date in paragraph (a)(4)(iii) of this section. For any stack
venting any fossil fuel-fired steam generating unit(s) subject to
applicable paragraphs of Sec. 52.1881(b) of this chapter, which will
utilize flue gas desulfurization to comply with the requirements of said
regulations, no such compliance schedule may provide for final
compliance after the final compliance date in paragraph (a)(4)(iv) of
this section.
    (iv) Any owner or operator of any process equipment subject to
applicable paragraphs of Sec. 52.1881(b) of this chapter who submits an
alternative compliance schedule pursuant to Sec. 52.1882(a)(5)(iii) of
this chapter shall remain subject to the provisions of
Sec. 52.1882(a)(2) of this chapter until the alternative schedule is
approved by the Administrator.
    (v) Any owner or operator of any stack venting any fossil fuel-fired
steam generating unit(s) subject to applicable paragraphs of
Sec. 52.1881(b) of this chapter who submits an alternative compliance
schedule pursuant to Sec. 52.1881(a)(5)(iii) of this chapter shall
remain subject to the provisions of Sec. 52.1882(a)(4) of this chapter
until the alternative schedule is approved by the Administrator.
    (6) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedules in paragraph (d) (2), or (4) of this section
fails to satisfy the requirements of Sec. 51.15 (b) and (c) of this
chapter.
    (b) Federal compliance schedule for petitioners in Buckeye Power,
Inc. et al. v. USEPA, No. 76-2090 et al.
    (1) Except as provided in paragraph (b)(5) of this section, the
owner or operator of any process equipment subject to applicable
paragraphs of Sec. 52.1881(b) shall comply with the compliance
[[Page 379]]
schedule in paragraph (b)(2) of this section.
    (2) Any owner or operator of any process equipment subject to
applicable paragraphs of Sec. 52.1881(b) of the chapter shall take the
following actions to comply with the requirements of said regulation
with respect to that source no later than the date specified.
    (i) 8 weeks from June 17, 1977: Submit preliminary control plans to
the Administrator.
    (ii) 25 weeks from June 17, 1977: Submit final control plan to the
Administrator.
    (iii) 34 weeks from June 17, 1977: Award contracts for emissions
control systems or process modification, or issue orders for purchase of
component parts to accomplish emission control or process modification
and notify the Administrator in writing that such action was taken.
    (iv) 52 weeks from June 17, 1977: Initiate on-site construction or
installation of emission control equipment or process change and notify
the Administrator in writing that such action was taken.
    (v) 139 weeks from June 17, 1977: Complete construction or
installation of emission control equipment or process change and notify
the Administrator in writing that such action was taken.
    (vi) 154 weeks from June 17, 1977: Complete shakedown operations and
performance test on source, submit performance test results to the
Administrator and achieve final compliance with Sec. 52.1881(b) of this
chapter, as applicable.
    (3) Except as provided in paragraph (5) of this paragraph (b), the
owner or operator of any stack venting any fossil fuel-fired steam-
generating unit(s) subject to Sec. 52.1881(b) of this chapter shall
comply with the applicable compliance schedule in paragrah (b)(4) of
this section.
    (4)(i) The owner or operator of any stack venting any fossil fuel-
fired steam generating unit(s) or process subject to Sec. 52.1881(b) of
this chapter who elects to comply with an applicable optional emission
limitation specified in Sec. 52.1881(b) of this chapter, shall notify
the Administrator no later than 17 weeks after June 17, 1977 of the
specific emission limitations selected. Failure to select applicable
optional emission limitations shall result in the facility being subject
to the single uniform emission limitation for all stacks at that
facility specified in Sec. 52.1881(b). Notice received later than 17
weeks after June 17, 1977 shall be invalid.
    (ii) The owner or operator of any fossil fuel-fired steam generating
unit(s) subject to applicable paragraphs of Sec. 52.1881(b) of this
chapter shall notify the Administrator no later than 17 weeks after June
17, 1977 of his intent to utilize either low-sulfur fuel including
blended or washed coal or flue gas desulfurization to comply with the
requirements of said regulation.
    (iii) Any owner or operator of any stack venting any fossil fuel-
fired steam generating unit(s) subject to applicable paragraphs of
Sec. 52.1881(b) of this chapter who elects to utilize low sulfur fuel
including blended or washed coal to comply with the requirements of said
regulation shall take the following actions with respect to that source
no later than the date specified:
    (A) 17 weeks after June 17, 1977: Submit to the Administrator a
projection for ten years of the amount of fuel by types that will be
substantially adequate to enable compliance with Sec. 52.1881(b) of this
chapter, as applicable.
    (B) 32 weeks from June 17, 1977: Submit data demonstrating the
availability of the fuel meeting the requirements projected in paragraph
(a) of this section to the Administrator.
    (C) 36 weeks after June 17, 1977: Submit a statement to the
Administrator as to whether boiler modifications will or will not be
required. If modifications will be required, submit plans for such
modifications.
    (D) 50 weeks from June 17, 1977: Let contracts for necessary boiler
modifications, if applicable, and notify the Administrator in writing
that such action was taken.
    (E) 60 weeks after June 17, 1977: Initiate on-site modifications, if
applicable, and notify the Administrator in writing that such action was
taken.
    (F) 118 weeks from June 17, 1977: Complete on-site modification, if
applicable, and notify the Administrator in writing that such action was
taken.
[[Page 380]]
    (G) 122 weeks from June 17, 1977: Achieve final compliance with the
emission limitation of Sec. 52.1881(b) of this chapter, as applicable,
and notify the Administrator in writing that such action was taken.
    (iv) Any owner or operator of any stack venting any fossil fuel-
fired steam generating unit(s) subject to applicable paragraphs of
Sec. 52.1881(b) of this chapter who elects to utilize flue gas
desulfurization to comply with the requirements of said regulations
shall take the following actions with respect to the source no later
than the date specified.
    (A) 17 weeks from June 17, 1977: Let necessary contracts for
construction and notify the Administrator in writing that such action
was taken.
    (B) 61 weeks from June 17, 1977: Initiate on-site construction and
notify the Administrator in writing that such action was taken.
    (C) 145 weeks from June 17, 1977: Complete on-site construction and
notify the Administrator in writing that such action was taken.
    (D) 156 weeks from June 17, 1977: Complete shakedown operations and
performance test on source, submit performance test results to the
Administrator and achieve final compliance with Sec. 52.1881(b) of this
chapter, as applicable.
    (5)(i) None of the preceding paragraphs of this section shall apply
to any owner or operator of a source which is presently in compliance
with the applicable paragraphs of Sec. 52.1881(b) of this chapter.
    (ii) Any owner or operator of a source capable of emitting 100 tons
of sulfur dioxide per year from all stacks at any facility who is
presently in compliance with the applicable paragraphs of
Sec. 52.1881(b) of this chapter shall so certify to the Administrator by
four weeks from June 17, 1977.
    (iii) Any owner or operator subject to a compliance schedule in this
paragraph who elects to achieve compliance by means not covered by this
paragraph may submit to the Administrator no later than six weeks from
June 17, 1977, a proposed alternative compliance schedule. For process
equipment subject to applicable subparagraphs of Sec. 52.1881(b) of this
chapter no such compliance schedule may provide for final compliance
after the final compliance date in paragraph (b)(2) of this section. For
any stack venting any fossil fuel-fired steam-generating unit(s) subject
to applicable paragraphs of Sec. 52.1881(b) of this chapter, which will
utilize low-sulfur fuel including blended or washed coal to comply with
the requirements of said regulations, no such compliance schedule may
provide for final compliance after final compliance date in paragraph
(b)(4)(iii) of this section. For any stack venting any fossil fuel-fired
steam-generating unit(s) subject to applicable paragraphs of
Sec. 52.1881(b) of this chapter, which will utilize flue gas
desulfurization to comply with the requirements of said regulations, no
such compliance schedule may provide for final compliance after the
final compliance date in paragraph (b)(4)(iv) of this section.
    (iv) Any owner or operator of any process equipment subject to
applicable paragraphs of Sec. 52.1881(b) of this chapter who submits an
alternative compliance schedule pursuant to Sec. 52.1882(b)(5)(iii) of
this chapter shall remain subject to the provisions of
Sec. 52.1882(b)(2) of this chapter until the alternative schedule is
approved by the Administrator.
    (v) Any owner or operator of any stack venting any fossil fuel-fired
steam-generating unit(s) subject to applicable paragraphs of
Sec. 52.1881(b) of this chapter who submits an alternative compliance
schedule pursuant to Sec. 52.1882(b)(5)(iii) of this chapter shall
remain subject to the provisions of Sec. 52.1882(b)(4) of this chapter
until the alternative schedule is approved by the Administrator.
    (6) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedules in paragraphs (b) (2) or (4) of this section
fails to satisfy the requirements of Sec. 51.15 (b) and (c) of this
chapter.
    (7) Section 52.1882(b)(4)(iii)(G) is suspended for Cleveland
Electric Illuminating Company's Eastlake and Avon Lake facilities
pending final rulemaking on the June 12, 1979 (44 FR 33712) proposed
revision to the Ohio State Implementation Plan, but in no
[[Page 381]]
event will the suspension extend beyond the plan attainment date of June
17, 1980.
    (8) Federal compliance schedules for the Toledo Edison Acme Power
Plant coal fired units and the Water Street Steam Plant oil fired units
is as set forth in Sec. 52.1882(b) except that
Sec. 52.1882(b)(4)(iii)(G) is changed, for these units only, as follows:
April 15, 1980: Achieve final compliance with the emission limitation of
Sec. 52.1881(b) of this chapter, as applicable, and notify the
Administrator in writing that such action was taken.
    (c) Federal compliance schedule for Ashland Oil Company is set forth
in Sec. 52.1882(b), except that all references to June 17, 1977 are
changed to September 14, 1979.
    (d) Monitoring and reporting requirement for non-simultaneous
operation.
    (1) Any owner or operator of any source of sulfur dioxide subject to
a provision of Sec. 52.1881 of this chapter which limits the combination
of point sources which the source may operate at any time shall, in
addition to any other reporting requirements of this chapter, comply
with the following:
    (i) Install not later than the date by which compliance with the
applicable emission limitation of Sec. 52.1881 is required a device(s)
to determine and record the time of operation of each such point source;
    (ii) Retain such records for at least two years; and
    (iii) Report to the Administrator within 30 days of each such
occurrence any period during which sources are operated in any
combination not allowed by an applicable requirement of Sec. 52.1881.
    (e)(1) The Federal compliance schedule for sources in Summit County
identified in Sec. 52.1875, footnote ``f'' is set forth in
Sec. 52.1882(b) except that all references to June 17, 1977, are changed
to January 4, 1980.
    (2) The owner or operator of any fossil-fuel fired steam generating
unit in Summit County with alternative emission limitations specified
for one or more units at its facility in Sec. 52.1881(b)(59) shall
notify the Administrator no later than 17 weeks after January 4, 1980 of
the applicable emission limitation selected.
Failure to indicate a selected emission limitation shall result in each
unit at a facility being subject to the first emission limitation
specified for that unit in the applicable regulation.
    (f) The Federal Compliance schedule for the PPG Industries, Inc.
boilers in Summit County, Ohio is set forth in Sec. 52.1882(b) except
that all references to June 17, 1977, are changed to August 25, 1980.
    (g) Monitoring and reporting requirements for sources subject to
reduced operating load requirements.
    (1) Any owner or operator of any source of sulfur dioxide subject to
a provision of Sec. 52.1881 of this chapter which limits the operating
level of any point source at any time shall, in addition to any other
reporting requirements of this chapter, comply with the following:
    (i) Install, not later than the date by which compliance with the
applicable emission limitation of Sec. 52.1881 is required, a device(s)
to determine and record the level of operation of each such point
source;
    (ii) Retain such records for at least two years; and
    (iii) Report to the Administrator within 30 days of each such
occurrence any period during which any source is operated above the
specified operating level allowed by an applicable requirement of
Sec. 52.1881.
    (h) The federal compliance schedule for Ohio Power Company's
Cardinal plant in Jefferson County and Muskingum River plant in
Washington and Morgan Counties and Columbus and Southern Ohio Electric
Company's Conesville plant in Coshocton County is setforth in
Sec. 52.1882(b) except that all references to June 17, 1977, are changed
to June 19, 1980.
    (i) If the owner or operator of the Columbus and Southern Ohio
Electric Company's Conesville plant in Coshocton County elects to comply
with the emission limitation set forth in Sec. 52.1881(b)(21) by
installing a coal-washing facility, the owner or operator shall meet the
following compliance schedule in lieu of meeting the compliance schedule
set forth in Sec. 52.1882(b).
    (1) 4 weeks from date of promulgation of this schedule: Notify the
Administrator of intent to use washed coal to
[[Page 382]]
comply with sulfur dioxide emission limitations for the Conesville steam
plant; submit a projection for ten years of the amount of coal necessary
to enable compliance at this facility; submit the quality specifications
of the fuel that is to be used. Such specifications shall include sulfur
content, ash content, heat and moisture content.
    (2) 8 weeks from date of promulgation of this schedule: Submit data
to the Administrator demonstrating the availability of fuel necessary to
achieve compliance at the Conesville steam plant. Such data shall
consist of copies of signed contracts withcoal suppliers and/or signed
contracts with a vendor pursuant to which the utility shall construct a
coal preparation facility; submit statement to the Administrator as to
whether boiler modifications at the Conesville steam plant will be
required for combustion of the prepared (washed) complying coal. If
boiler modifications are required, submit plans for such modifications.
    (3) 8 weeks from date of promulgation of this schedule: If a coal
preparation facility is to be constructed by the utility for preparing
all or a portion of the fuel for combustion at the Conesville steam
plant, submit to the Administrator a plant detailing actions to be taken
to ensure completion of construction and startup in sufficient time to
provide complying fuel for the final compliance date.
    (4) 52 weeks from June 19, 1980: Complete engineering and
specifications for the coal preparation facility.
    (5) 64 weeks from June 19, 1980: Award contract for construction of
the coal preparation facility providing incentives to the contractor to
expedite the project.
    (6) 108 weeks from June 19, 1980: Initiate on-site construction of
the new coal preparation facility.
    (7) 152 weeks from June 19, 1980: Complete construction of the coal
preparation facility.
    (8) 52 weeks from June 19, 1980: Submit to the Administrator a
continuous monitoring plan detailing the equipment to be installed,
equipment locations, and data reduction techniques as well as schedule
of installation.
    (9) 104 weeks from June 19, 1980: Complete installation and
certification of sulfur dioxide monitors on stacks 1, 2 and 3 at the
Conesville steam plant.
    (10) 152 weeks from June 19, 1980: Complete any necessary boiler
modifications to the Conesville steam plant units 1-4.
    (11) 156 weeks (three years) from June 19, 1980: Achieve and
demonstrate compliance at units 1-4 of the Conesville steam plant with
the applicable emission limitation in Sec. 52.1881 of this chapter.
    (j) The Federal compliance schedule for the Portsmouth Gaseous
Diffusion Plant in Pike County is set forth in Sec. 52.1882(b) except
that all references to June 17, 1977 are changed to (the effective date
of promulgation).
    (k) The Federal compliance schedule for the Ohio Power Company Gavin
Power Plant in Gallia County is set forth in Sec. 52.1882(b) except that
all references to June 17, 1977 are changed to August 25, 1982.
    (l) The Federal compliance schedule for the LTV Steel Company, Inc.,
in Cuyahoga County is as follows:
    (1) 6 months from the date of promulgation--Achieve final compliance
with Sec. 52.1881(b) for all sources except Boilers 26-34, Boilers A
through D, and Coke Plant No. 2 Car Thaw.
    (2) Achieve final compliance with Sec. 52.1881(b) for Boilers 26-34,
Boilers A through D, and Coke Plant No. 2 Car Thaw by March 17, 1994.
[41 FR 36339, Aug. 27, 1976, as amended at 42 FR 27592, May 31, 1977; 44
FR 47772, Aug. 15, 1979; 45 FR 30069, May 7, 1980; 45 FR 49552, July 25,
1980; 45 FR 73929, Nov. 7, 1980; 46 FR 21769, Apr. 14, 1981; 46 FR
23927, Apr. 29, 1981; 46 FR 24948, May 4, 1981; 46 FR 49125, Oct. 6,
1981; 47 FR 32123, July 26, 1982; 58 FR 46871, Sept. 3, 1993]
Sec. 52.1883  [Reserved]
Sec. 52.1884  Significant deterioration of air quality.
    (a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan does not include approvable procedures
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 (b) through (w) are hereby
incorporated and made a
[[Page 383]]
part of the applicable state plan for the State of Ohio.
    (c) All applications and other information required pursuant to
Sec. 52.21 from sources in the State of Ohio shall be submitted to the
Director of the Ohio Environmental Protection Agency, P.O. Box 1049,
Columbus, Ohio 43216 instead of the EPA Region V office.
[45 FR 52741, Aug. 7, 1980, and 46 FR 9584, Jan. 29, 1981]
Sec. 52.1885  Control strategy: Ozone.
    (a) Part D--Approval. The following portions of the Ohio plan are
approved:
    (1) The ozone portions of rules 01, 02, 03, 04 (except the portion
disapproved below), 05, 06, 07, 08, 09 (except the portions
conditionally approved below) and 10 of Chapter 3745-21 of the Ohio
Administrative Code.
    (2) The Attainment Demonstrations for the following urban areas:
Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo and
Youngstown.
    (3) The Reasonable Further Progress Demonstration for the following
areas: Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo
and Youngstown.
    (4) The ozone nonattainment area plan for the rural nonattainment
areas.
    (5) [Reserved]
    (6) Approval--On June 10, 1997, Ohio submitted revisions to the
maintenance plans for the Toledo area (including Lucas and Wood
counties), the Cleveland/Akron/Lorain area (including Lorain, Cuyahoga,
Lake, Ashtabula, Geauga, Medina, Summit and Portage counties), and the
Dayton-Springfield area (including Montgomery, Clark, Greene, and Miami
counties). The revisions consist of an allocation of a portion of the
safety margin in each area to the transportation conformity mobile
source budget for that area. The mobile source budgets for
transportation conformity purposes for Toledo are now: 35.85 tons per
day of volatile organic compound emissions for the year 2005 and 35.19
tons per day of oxides of nitrogen emissions for the year 2005. The
mobile source budgets for transportation conformity purposes for
Cleveland-Akron-Lorain are now: 82.7 tons per day of volatile organic
compound emissions for the year 2006 and 104.4 tons per day of oxides of
nitrogen emissions for the year 2006. For the Dayton-Springfield area,
the oxides of nitrogen mobile source budget remains the same and the
mobile source budget for volatile organic compounds is now 34.1 tons per
day.
    (7) Approval--On October 20, 1997, Ohio submitted a revision to the
maintenance plan for the Jefferson County area. The revision consists of
an allocation of a portion of the safety margin in the area to the
transportation conformity mobile source budget for that area. The mobile
source budget for transportation conformity purposes for Jefferson
County are now: 5.1 tons per day of volatile organic compound emissions
for the year 2005 and 4.4 tons per day of oxides of nitrogen emissions
for the year 2005.
    (8) Approval--On April 27, 1998, Ohio submitted a revision to remove
the air quality triggers from the ozone maintenance plans for the
following areas in Ohio: Canton (Stark County), Cleveland (Lorain,
Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit and Portage Counties),
Columbus (Franklin, Delaware and Licking Counties), Steubenville
(Jefferson County), Toledo (Lucas and Wood Counties), Youngstown
(Mahoning and Trumbull Counties) as well as Clinton County, Columbiana
County, and Preble County.
    (9) Approval--On March 13, 1998, Ohio submitted a revision to the
maintenance plan for the Columbus area. The revision consists of
establishing a new out year for the area's emissions budget. The new out
year emissions projections include reductions from point and area
sources; the revision also defines new safety margins according to the
difference between the areas 1990 baseline inventory and the out year
projection. Additionally, the revision consists of allocating a portion
of the Columbus area's safety margins to the transportation conformity
mobile source emissions budget. The mobile source budgets for
transportation conformity purposes for the Columbus area are now: 67.99
tons per day of volatile organic compound emissions for the year 2010
and 70.99 tons per day of oxides of nitrogen emissions for the year
2010.
[[Page 384]]
    (10) Approval--On April 27, 1998, Ohio submitted a revision to
remove the air quality triggers from the ozone maintenance plan for the
Dayton-Springfield, Ohio Area (Miami, Montgomery, Clark, and Greene
Counties).
    (11) Approval--On March 18, 1999, Ohio submitted a revision to the
maintenance plan for the Stark County (Canton) area. The revision
consists of allocating a portion of the Stark County area's safety
margins to the transportation conformity mobile source emissions
budgets. The mobile source budgets for transportation conformity
purposes for the Stark County area are now: 17.34 tons per day of
volatile organic compound emissions for the year 2005 and 13.00 tons per
day of oxides of nitrogen emissions for the year 2005.
    (12) Approval--On June 1, 1999, Ohio submitted a revision to the
ozone maintenance plan for the Dayton/Springfield area. The revision
consists of revising the point source growth estimates and allocating
5.5 tons per day of VOCs to the transportation conformity mobile source
emissions budget. The mobile source VOC budget for transportation
conformity purposes for the Dayton/Springfield area is now: 39.6 tons
per day of volatile organic compound emissions for the year 2005. The
approval also corrects a typographical error in the maintenance plan
point and area source numbers for 2005.
    (13) Approval--On August 19, 1999, Ohio submitted a revision to the
ozone maintenance plan for the Columbiana County area. The revision
consists of allocating a portion of the Columbiana County area's
NO<INF>X</INF> safety margin to the transportation conformity mobile
source emissions budget. The mobile source emissions budgets for
transportation conformity purposes for the Columbiana County area are
now: 5.65 tons per day of volatile organic compound emissions for the
year 2005 and 5.55 tons per day of oxides of nitrogen emissions for the
year 2005. This approval only changes the NO<INF>X</INF> transportation
conformity emission budget for Columbiana County.
    (14) Approval--EPA is approving the ozone maintenance plan for the
Ohio portion of the Cincinnati-Hamilton area that was received by EPA on
July 2, 1999, and completed on December 22, 1999. The mobile source
budgets for the Ohio portion of the area for the purposes of
transportation conformity are now 37.9 tons per summer day of volatile
organic compounds and 52.3 tons per summer day of nitrogen oxides for
the year 2010.
    (b) The maintenance plans for the following counties are approved:
    (1) Preble County.
    (2) Columbiana County.
    (3) Jefferson County.
    (4) Montgomery, Greene, Miami, and Clark Counties. This plan
includes implementation of Stage II vapor recovery and an enhanced
vehicle inspection and maintenance program.
    (5) Lucas and Wood Counties.
    (6) Franklin, Delaware, and Licking Counties.
    (7) Stark County.
    (8) Mahoning and Trumbull Counties.
    (9) Clinton County
    (10) Lorain, Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit, and
Portage Counties.
    (11) Butler, Clermont, Hamilton, and Warren Counties.
    (c) Disapproval. USEPA disapproves the compliance schedule in
revised rule 04(c)(18) of Chapter 3745-21 of the Ohio Administrative
Code as it applies to facilities formerly covered by the compliance
schedule in old rule 04(c)(1) of Chapter 3745-21. This disapproval in
and of itself does not result in the growth restrictions of section
110(a)(2)(I).
    (d) Part D--No Action. USEPA at this time takes no action on the
vehicle inspection and maintenance (I/M) program required for those non-
attainment areas which have requested an extension to demonstrate ozone
attainment.
    (e)-(q)  [Reserved]
    (r) Approval--USEPA is approving two exemption requests submitted by
the Ohio Environmental Protection Agency on September 20, 1993, and
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas,
respectively, from the requirements contained in Section 182(f) of the
Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene,
Miami, and Montgomery Counties from the requirements to implement
reasonably available control technology (RACT) for
[[Page 385]]
major sources of nitrogen oxides (NO<INF>X</INF>), nonattainment area
new source review (NSR) for new sources and modifications that are major
for NO<INF>X</INF>, and the NO<INF>X</INF>-related requirements of the
general and transportation conformity provisions. For the Dayton ozone
nonattainment area, the Dayton local area has opted for an enhanced
inspection and maintenance (I/M) program. Upon final approval of this
exemption, the Clark, Greene, Miami, and Montgomery Counties shall not
be required to demonstrate compliance with the enhanced I/M performance
standard for NO<INF>X</INF>. If a violation of the ozone NAAQS is
monitored in the Toledo or Dayton area(s), the exemptions from the
requirements of Section 182(f) of the Act in the applicable area(s)
shall no longer apply.
    (s) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for the following ozone nonattainment areas: Toledo (Lucas and Wood
Counties) and Dayton (Clark, Greene, Miami, and Montgomery Counties).
    (t)  [Reserved]
    (u) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for the Columbus ozone nonattainment area (which includes the Counties
of Delaware, Franklin, and Licking).
    (v) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for the Canton (Stark County); Cincinnati-Hamilton (Butler, Clermont,
Hamilton and Warren Counties); Cleveland-Akron-Lorain (Ashtabula,
Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit Counties);
and Youngstown-Warren-Sharon (Mahoning and Trumbull Counties) areas.
    (w) Determination--USEPA is determining that, as of May 7, 1996, the
Cleveland-Akron-Lorain ozone nonattainment area (which includes the
Counties of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage
and Summit) have attained the ozone standard and that the reasonable
further progress and attainment demonstration requirements of section
182(b)(1) and related requirements of section 172(c)(9) of the Clean Air
Act do not apply to the area.
    (x) Approval--EPA is approving requests submitted by the State of
Ohio on March 18, November 1, and November 15, 1994, for exemption from
the requirements contained in section 182(f) of the Clean Air Act. This
approval exempts the following counties in Ohio from the NO<INF>X</INF>
related general and transportation conformity provisions; nonattainment
area NSR for new sources and modifications that are major for
NO<INF>X</INF>: Clinton, Columbiana, Delaware, Franklin, Jefferson,
Licking, Mahoning, Preble, Stark, and Trumbull. This approval also
exempts the following counties in Ohio from the NO<INF>X</INF> related
general and transportation conformity provisions; nonattainment area NSR
for new sources and modifications that are major for NO<INF>X</INF>;
NO<INF>X</INF> RACT; and a demonstration of compliance with the enhanced
I/M performance standard for NO<INF>X</INF>: Ashtabula, Cuyahoga,
Geauga, Lake, Lorain, Medina, Portage, and Summit.
    (y) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for Clinton County.
    (z) The 15 percent rate-of-progress requirement of section 182(b) of
the Clean Air Act, as amended in 1990, is satisfied for the Ohio portion
of the Cincinnati-Hamilton ozone nonattainment area.
    (aa)  [Reserved]
    (bb) Ohio's November 7, 1996, request for a one-year attainment date
extension for the Ohio portion of the Cincinnati-Hamilton metropolitan
moderate ozone nonattainment area which consists of Hamilton, Butler,
Clermont and Warren Counties is approved. The date for attaining the
ozone standard in these counties is November 15, 1997.
    (cc) Ohio's November 14, 1997, request for a one-year attainment
date extension for the Ohio portion of the Cincinnati-Hamilton
metropolitan moderate ozone nonattainment area which consists of
Hamilton, Butler, Clermont and Warren Counties is approved. The date for
attaining the ozone standard in these counties is November 15, 1998.
    (dd) Determination--EPA is determining that, as of July 5, 2000, the
Ohio portion of Cincinnati-Hamilton ozone
[[Page 386]]
nonattainment area (which includes the Counties of Butler, Clermont,
Hamilton and Warren) has attained the 1-hour ozone standard and that the
attainment demonstration requirements of section 182(b)(1), 182(j), and
172(c)(1), along with the section 172(c)(9) contingency measure
requirements, do not apply to the area.
    (ee) Approval--EPA is approving an exemption from the requirements
contained in section 182(f) of the Clean Air Act. This approval exempts
Butler, Clermont, Hamilton, and Warren counties in Ohio from the
NO<INF>X</INF> related general conformity provisions; the nitrogen
oxides nonattainment NSR for new sources and modifications that are
major for NO<INF>X</INF>; NO<INF>X</INF> RACT; and a demonstration of
compliance with the enhanced automobile inspection and maintenance
performance standard for NO<INF>X</INF>.
[45 FR 72142, Oct. 31, 1980]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1885, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
    Effective Date Note: At 65 FR 37898, June 19, 2000, Sec. 52.1885 was
amended by revising paragraph (x) and by adding paragraphs (a)(14),
(b)(11), (dd), and (ee), effective July 5, 2000. For the convenience of
the user, the superseded text follows:
Sec. 52.1885  Control strategy: Ozone.
                                * * * * *
    (x) Approval-- The USEPA is approving exemption requests submitted
by the State of Ohio on March 18, November 1, and November 15, 1994,
from the requirements contained in Section 182(f) of the Clean Air Act.
This approval exempts the following counties in Ohio from the
NO<INF>X</INF>-related general and transportation conformity provisions,
and nonattainment area NSR for new sources and modifications that are
major for NO<INF>X:</INF> Clinton, Columbiana, Delaware, Franklin,
Jefferson, Licking, Mahoning, Preble, Stark, and Trumbull. This approval
also exempts the following counties in Ohio from the NO<INF>X</INF>-
related general conformity provisions, nonattainment area NSR for new
sources and modifications that are major for NO<INF>X</INF>,
NO<INF>X</INF> RACT, and a demonstration of compliance with the enhanced
I/M performance standard for NO<INF>X:</INF> Ashtabula, Butler,
Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage,
Summit, and Warren. If, prior to redesignation to attainment, a
violation of the ozone NAAQS is monitored in the Canton, Cincinnati,
Cleveland, Columbus, Youngstown, and Steubenville areas, Preble County
and Clinton County, the exemptions from the requirements of Section
182(f) of the Act in the applicable area(s) shall no longer apply.
                                * * * * *
Sec. 52.1886  [Reserved]
Sec. 52.1887  Control strategy: Carbon monoxide.
    (a) Part D--Approval--The following portions of the Ohio plan are
approved:
    (1) The carbon monoxide portions of rules 01, 02, 03, 04 (except the
portion disapproved in Sec. 52.1877(c)), 05, 06, 07, 08, 09 (except the
portions conditionally approved in Sec. 52.1877(b)) and 10 of Chapter
3745-21 of the Ohio Administrative Code.
    (2) The transportation control plans for the following urban areas:
Akron (ozone component only), Canton, Cincinnati, Columbus, Dayton,
Steubenville, Toledo (ozone component only), Cleveland.
    (3) The carbon monoxide attainment and reasonable further progress
demonstrations for the following urban areas: Cincinnati, Cleveland,
Columbus and Youngstown.
    (b)  [Reserved]
    (c) Part D--No Action--USEPA at this time takes no action on the
carbon monoxide portions of the plan submitted for the urban areas of
Akron and Toledo nor on the vehicle inspection and maintenance (I/M)
program required for those nonattainment areas which have requested an
extension to demonstrate carbon monoxide attainment.
    (d) Disapproval--On June 9, 1982 (draft), and November 9, 1982
(final), the State of Ohio submitted a revised demonstration that
attempts to show attainment by December 31, 1982, of the carbon monoxide
(CO) National Ambient Air Quality Standards (NAAQS) for the Cleveland
urban area. Supplemental information was submitted on March 8, 1983,
March 16, 1983, December 5, 1983, and May 9, 1985. The June 9, 1982, and
March 8, 1983, submittals also requested that the 5-year extension for
meeting the NAAQS requested on July
[[Page 387]]
29, 1979, and granted by USEPA on October 31, 1980, and June 18, 1981,
be rescinded for this area. The attainment demonstration and rescission
request are disapproved by USEPA because they do not meet the
requirements of Sec. 51.10(b).
[45 FR 72143, Oct. 31, 1980, as amended at 45 FR 72147, Oct. 31, 1980;
49 FR 22815, June 1, 1984; 51 FR 10391, Mar. 26, 1986; 54 FR 615, Jan.
9, 1989; 54 FR 12621, Mar. 28, 1989; 55 FR 17752, Apr. 27, 1990]
Sec. 52.1888  Operating permits.
    Emission limitations and related provisions which are established in
Ohio operating permits as federally enforceable conditions in accordance
with Rule 3745-35-07 shall be enforceable by USEPA and by any person
under section 304 of the Clean Air Act. USEPA reserves the right to deem
permit conditions not federally enforceable. Such a determination will
be made according to appropriate procedures, and will be based upon the
permit, permit approval procedures or permit requirements which do not
conform with the operating permit program requirements or the
requirements of USEPA's underlying regulations.
[60 FR 55202, Oct. 30, 1995]
Sec. 52.1889  Small business stationary source technical and
          environmental compliance assistance program.
    The Ohio program, submitted as a requested revision to the Ohio
State Implementation Plan on May 17, 1994, and May 4, 1995, satisfies
the requirements of section 507 of the Clean Air Act.
[60 FR 42045, Aug. 15, 1995]
Sec. 52.1890  Removed control measures.
    On the dates listed below, Ohio requested that the indicated control
measures be removed from the Ohio State Implementation Plan (SIP).
    (a) On February 21, 1997, the State of Ohio requested that the
following rules and rule paragraphs be removed from the SIP because they
have been amended or revoked by the State subsequent to their
incorporation in the SIP: OAC 3745-21-02(C), OAC 3745-21-03(D), OAC
3745-21-05, OAC 3745-22-01, OAC 3745-22-02, OAC 3745-22-03, OAC 3745-22-
04, OAC 3745-22-05, OAC 3745-22-06, OAC 3745-22-07, OAC 3745-22-08, OAC
3745-23-03, OAC 3745-23-04, OAC 3745-23-05, and OAC 3745-102-07.
    (b) [Reserved]
[62 FR 47947, Sept. 12, 1997]
Sec. 52.1919  Identification of plan-conditional approval.
    (a) The plan commitments listed below were submitted on the dates
specified.
    (1) [Reserved]
    (2) On April 20, 1994, Ohio submitted Rule 3745-35-07, entitled
``Federally Enforceable Limitations on Potential to Emit,'' and
requested authority to issue such limitations as conditions in State
operating permits. On June 16, 1994, Ohio submitted a commitment to
revise Rule 3745-35-07 to clarify that the rule provides for USEPA
objection to permits after issuance. The revisions are approved provided
Ohio fulfills this commitment by October 25, 1995.
    (i) Incorporation by reference.
    (A) Rule 3745-35-07, adopted April 4, 1994, effective April 20,
1994.
    (3) Conditional Approval--On August 17, 1995, the Ohio Environmental
Protection Agency submitted a revision to the State Implementation Plan.
The submittal pertained to a plan for the implementation 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. This conditional approval is based, in part, on the
State's commitment, submitted in a letter on April 1, 1996, to submit
revised transportation conformity rules to incorporate the two
amendments to the federal transportation conformity regulations. The
State of Ohio committed to revise its transportation conformity rules by
November 14, 1996. If the State ultimately fails to meet its commitment
to meet these requirements within one year of final conditional
approval, then USEPA's action for the State's requested SIP revision
will automatically convert to a final disapproval.
[[Page 388]]
    (i) Incorporation by reference. August 1, 1995, Ohio Administrative
Code Chapter 3745-101, effective August 21, 1995.
    (b) (Reserved)
[61 FR 24460, May 15, 1996, as amended at 61 FR 24705, May 16, 1996]
                          Subpart LL--Oklahoma
Sec. 52.1920  Identification of plan.
    (a) Title of plan: ``State of Oklahoma Air Quality Control
Implementation Plan.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) An opinion of the State Attorney General concerning the State's
legal authority in emergency episode prevention and public disclosure
was submitted February 15, 1972. (Non-regulatory)
    (2) Letter from State Department of Health concerning emergency
episode prevention, sampling site locations and governmental cooperation
was submitted on February 25, 1972. (Non-regulatory)
    (3) Letter of May 4, 1972, from the State Department of Health
clarifies Regulations 4, 13, 14, and Title 63 of the State air quality
regulations concerning emission data, emergency episodes, compliance
schedules and new source review. (Non-regulatory)
    (4) Revisions concerning Regulations 4 through 8, 13 and 15 through
18 were submitted by the Governor on July 14, 1972.
    (5) Certification on October 4, 1972, of amendments to Regulation 14
of the State regulations was submitted by the Governor. (Non-regulatory)
    (6) Corrections of the plan submitted previously and consolidated
were submitted on October 16, 1972. (Non-regulatory)
    (7) Sections 16.1, 16.3, and 16.5 of Regulation No. 16, ``Control of
Emissions of Sulfur Compounds,'' the Control Strategy which relates to
sulfur oxides control under the applicable sections of Regulation 16,
and emission limitations on existing sources as adopted on December 1,
1974 and submitted by the Governor on March 4, 1975.
    (8) Revision to Oklahoma Regulation 4.2 (public availability of
emission data) was submitted by the Governor on October 7, 1975.
    (9) Administrative revisions to Oklahoma SIP Chapter 1, Table 2,
Oklahoma Ambient Air Quality Standards, Chapter 8, Source Surveillance
and Enforcement System, section 8 A, B, and C relating to permits, and
addition of Appendix Q, relating to Oklahoma Air Quality Standards, were
submitted by the Oklahoma State Department of Health on May 16, 1975,
with clarification submitted on June 17, 1977. (Nonregulatory).
    (10) Consent agreements creditable as emission offsets were
submitted by the Governor on March 28, 1977 as Addendum 1 to Chapter IV
of the Oklahoma Air Quality Implementation Plan.
    (11) Revisions of Oklahoma Regulation No. 15 for control of
emissions of organic materials were adopted (effective date) December
31, 1974, and submitted by the Governor on June 16, 1975.
    (12) Revision to Oklahoma Regulation No. 3, Defining Terms Used in
Oklahoma Air Pollution Control Regulations, were submitted by the
Governor on November 28, 1977. The revisions include amendments adopted
by the State on June 2, 1974 and June 11, 1977. (See Sec. 52.1926(a).)
    (13) A general update of Chapter 7: Air Quality Surveillance, was
submitted by the Governor on July 19, 1978. (Non-regulatory).
    (14) Revisions to the plan for attainment of standards for ozone,
carbon monoxide, and particulate matter (Part D requirements) were
submitted by the Governor on April 2, 1979.
    (15) A revised schedule including specific dates of the overall TSP
program was submitted by the State on March 28, 1980.
    (16) Revisions to Regulation No. 17, Regulation No. 14 section
14.313, Regulation No. section 14.313(b), Regulation No. 14 section
14.313(c)(i), Regulation No. 15 section 15.50, Regulation No. 15 section
15.53, and Regulation No. 3 (Part D requirements) were submitted by the
Governor on April 11, 1980.
    (17) Revisions to the plan for intergovernmental consultation,
interstate pollution abatement, public notification, and the State Board
were submitted by the Governor on April 2, 1979;
[[Page 389]]
a letter of commitment for new source notification was submitted by the
Acting Chief of the Oklahoma Air Quality Service on March 31, 1982; a
Public Notification Workplan was submitted by the Chief of the Oklahoma
Air Quality Service on January 14, 1980; the Oklahoma Code of Ethics for
State Officials and Employees, with a clarification letter, was
submitted by the Oklahoma Commissioner of Health on March 9, 1982; and a
clarification letter was submitted by the Acting Chief of the Oklahoma
Air Quality Service on February 23, 1982.
    (18) The Oklahoma State Implementation Plan for lead was submitted
to EPA on March 5, 1980, by the Governor of Oklahoma as adopted by the
State Air Quality Council on November 13, 1979. Letters of clarification
dated October 19 and December 9, 1981, also were submitted.
    (19) Revisions to Regulation No. 15 (i.e., the addition of sections
15.57, 15.58, and 15.59) were adopted by the State Board of Health on
April 30, 1980 and submitted by the Governor on June 10, 1980.
    (20) Revisions to Regulation No. 15 (i.e., revisions to sections
15.524, 15.585, and 15.59, and the addition of Sections 15.60 and 15.61)
were adopted by the State Board of Health on May 9, 1981 and submitted
by the Governor on September 14, 1981.
    (21) A variance to the State Regulations 7 and 8 for McAlester Army
Ammunition Plant located in McAlester, Oklahoma was submitted by the
State on September 21, 1979 and approved by the State Board of Health on
September 8, 1979.
    (22) On March 7, 1980, the Governor submitted final revisions to the
ambient monitoring portion of the plan.
    (23) [Reserved]
    (24) A revision to the Air Pollution Control Regulation 2.1, as
adopted by the Oklahoma Air Quality Council on January 19, 1982, was
submitted by the Governor on April 12, 1982.
    (25) Revision to Oklahoma Regulation No. 1.4 Air Resources
Management-Permits Required (1.4.1-1.4.3) and Major Sources--
Nonattainment areas (1.4.5) was submitted by the Governor on April 12,
1982. A letter of commitment and a letter of clarification for
Regulation 1.4 was submitted by the State on April 30, 1982 and December
9, 1982, respectively.
    (26) On April 2, 1979, the State of Oklahoma submitted an amendment
to Regulation 1.3 Defining Terms Used in Oklahoma Air Pollution Control
Regulations (i.e., Table II) and on April 12, 1982, and on May 19, 1983,
the State submitted revisions to the State's Permit Regulation 1.4
including adding 1.4.4 [Major Sources--Prevention of Significant
Deterioration (PSD) Requirements for Attainment Areas] to provide for
PSD new source review. A Letter of Clarification of October 6, 1982, was
also submitted.
    (27) Revision to Oklahoma Regulation 3.8 (Control of Emission of
Hazardous Air Contaminants) submitted by the Governor on February 8,
1983.
    (28) Revision to Oklahoma Regulation 3.4--Control of Emission of
Sulfur Compounds was submitted by the Governor on May 19, 1983, which
changed subsections 3.4(c)(1)(A)(i)(a)(3) and 3.4(c)(1)(C)(i)(a). The
revision was adopted by the Oklahoma State Board of Health on May 12,
1983. A letter of clarification on subsection 3.4(c)(1)(C)(i)(a) was
submitted by the State on October 14, 1983.
    (29) Revision of Oklahoma Regulation 1.4--Air Resources Management--
Permits Required was submitted by the Governors on May 19, 1983. A
letter of clarification on subsection 1.4.1(c)(3) was submitted by the
State on September 23, 1983.
    (30) Revision to Oklahoma Regulation No. 1.5--Reports Required:
Excess Emissions During Startup, Shutdown and Malfunction of Equipment
was submitted by the Governor on February 8, 1983. Letters of
clarification were submitted by the State on October 18, 1982 and May
24, 1983.
    (31) Revision to Regulation 1.4 ``Air Resources Management--Permits
Required'' and variance and extension for Mesa Petroleum Company
submitted by the Governor on February 6, 1984. A letter of clarification
on section 1.4.2(f) Cancellation of Authority to Construct or Modify was
submitted by the State on February 17, 1984.
    (32) [Reserved]
[[Page 390]]
    (33) Revision to Regulation 3.1 ``Pertaining to the Control of
Smoke, Visible Emissions and Particulates'' submitted by the Governor on
February 6, 1984. On May 16, 1984, the Oklahoma State Department of
Health submitted a letter of clarification on Regulation 3.1.
    (34) Oklahoma Air Pollution Control Regulation 1.4.2(b) ``Stack
Height Limitation'' and amendments to OAPCR 1.4.2(e) ``Public Review''
as adopted on May 8, 1986, and submitted by the Governor on April 30,
1986, to meet the requirements of the Federal stack height regulations.
    (i) Incorporation by reference.
    (A) Oklahoma Air Pollution Control Regulation (OAPCR) 1.4.2(b)
``Stack Height Limitation'' as adopted on May 8, 1986, and amendments to
OAPCR 1.4.2(b) section 1.4.2(b)(1)(G) as adopted on July 9, 1987, and
effective August 10, 1987. In addition, amendments to OAPCR 1.4.2(b)
section 1.4.2(b)(1)(C); and amendments to OAPCR 1.4.2(e) ``Public
Review'' section 1.4.2(e)(1)(A) as adopted March 23, 1989, effective
June 11, 1989, by the Oklahoma Board of Health.
    (ii) Additional material.
    (A) Commitment letter dated July 8, 1988, from the Director of the
Permits and Enforcement Division of the Oklahoma Air Quality Service,
Oklahoma State Department of Health.
    (35) May 8, 1985, revisions to Oklahoma Air Pollution Control
Regulation 3.4.(c)(1)(C) ``Gas Sweetening and Sulfur Recovery Plants''
were submitted by the Governor on March 31, 1986.
    (i) Incorporation by reference.
    (A) Amendments to Oklahoma Air Pollution Control Regulation
3.4(c)(1)(C) (Gas Sweetening and Sulfur Recovery Plants); adopted May 8,
1985, by the Oklahoma Air Quality Council.
    (36) On March 9, 1990, the Governor submitted Oklahoma Air Pollution
Control Regulation 3.7.5--4(h) ``Control of VOS Emissions from Aerospace
Industries Coatings Operations.'' This regulation was adopted by the
Oklahoma Air Quality Council on December 5, 1989, and by the Oklahoma
Board of Health on February 8, 1990. The regulation became effective
when it was signed by the Governor as an emergency rule on February 12,
1990. Also on March 9, 1990, the Governor of Oklahoma submitted four
source specific alternate RA.T determination Orders issued by the
Oklahoma Commissioner of Health for the Rockwell International,
McDonnell Douglas-Tulsa. American Airlines and Nordam facilities in
Tulsa County.
    (i) Incorporation by reference. (A) Oklahoma Air Pollution Control
Regulation 3.7.5--4(h) ``Control of VOS Emissions from Aerospace
Industries Coatings Operations'' as adopted by the Oklahoma Air Quality
Council on December 5, 1989, and the Oklahoma Board of Health on
February 8, 1990, and approved by the Governor on February 12, 1990.
    (B) Oklahoma Commissioner of Health Order issued and effective
February 21, 1990, for Rockwell International, Tulsa approving an
Alternate Reasonably Available Control Technology (ARACT).
    (C) Oklahoma Commissioner of Health Order issued and effective
February 21, 1990, for McDonnell Douglas-Tulsa approving an Alternate
Reasonably Available Control Technology (ARACT).
    (D) Oklahoma Commissioner of Health Order issued and effective
February 21, 1990, for American Airlines approving an Alternate
Reasonably Available Control Technology (ARACT).
    (E) Oklahoma Commissioner of Health Order issued and effective
February 21, 1990, for Nordam's Lansing Street facility approving an
Alternate Reasonably Available Control Technology (ARACT).
    (ii) Additional material. (A) Rockwell International Tulsa. (1) The
document prepared by Rockwell International titled ``Rockwell
International NAA-Tulsa Alternate RACT Determination'' dated October 30,
1989.
    (2) The document prepared by Rockwell titled ``Rockwell
International NAA-Tulsa Alternate RACT Determination Supplemental
Submittal'' dated November 22, 1989.
    (B) McDonnell Douglas. (1) The document prepared by McDonnell
Douglas-Tulsa titled ``Source Specific RACT Determination'' dated
October 30, 1989.
    (2) The document prepared by McDonnell Douglas-Tulsa titled
[[Page 391]]
``ARACT/Follow-up Submission'' dated November 20, 1989.
    (C) American Airlines. (1) The document prepared by American
Airlines titled ``American Airlines Tulsa Alternate RACT'' dated October
30, 1989.
    (2) The document prepared by American Airlines titled ``ARACT/
Follow-up Submission'' dated November 22, 1989.
    (D) Nordam. (1) The document prepared by Nordam titled ``Source
Specific RACT Determination'' dated November 29, 1989.
    (2) The document prepared by Nordam titled ``ARACT/Follow-up
Submission'' dated January 10, 1990.
    (37) On May 8, 1989, the Governor submitted Oklahoma Air Pollution
Control Regulation 1.5 ``Excess Emission and Malfunction Reporting
Requirements''. This regulation was adopted by the Oklahoma Board of
Health on June 23, 1988, and approved by the Oklahoma Legislature on
February 24, 1989. The regulation became effective on March 11, 1989.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulation 1.5
``Excess Emission and Malfunction Reporting Requirements'', OAPCR 1.5
title change, Sec. 1.5(a)(1), Sec. 1.5(b)(1)(B), Sec. 1.5(b)(1)(E),
Sec. 1.5(c), title, Sec. 1.5(c)(1), Sec. 1.5(e)(1), and Sec. 1.5(e)(2),
as adopted by the Oklahoma Board of Health on June 23, 1988, and
approved by the Oklahoma Legislature on February 24, 1989.
    (38) On August 22, 1989, the Governor submitted Oklahoma's Committal
SIP for the Group II area of Lawton, Oklahoma. In addition, the
submittal included the State's Group III SIP for the remainder of the
State and amendments to the Oklahoma Air Pollution Control Regulations
1.1, 1.2, 1.4.4, and 1.4.5, and amendments to Chapter 6 ``Emergency
Episode Control Plan for the State of Oklahoma''.
    (i) Incorporation by reference.
    (A) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR)
1.1 ``Defining Terms Used in Oklahoma Air Pollution Control
Regulations'' Sec. 1.1(b)(97), Sec. 1.1(b)(98), Sec. 1.1(b)(99) and
Sec. 1.1(b)(145), as adopted October 11, 1989, by the Oklahoma State
Board of Health and effective May 25, 1990. Amendments to OAPCR 1.1,
Sec. 1.1(b)(127), and Sec. 1.1(b)(128), as adopted March 23, 1989, by
the Oklahoma State Board of Health and effective June 11, 1989.
    (B) Amendments to OAPCR 1.2 ``Oklahoma Air Quality Standards and
Increments'' Table 1.2(1), as adopted January 28, 1988, by the Oklahoma
State Board of Health and effective June 21, 1988.
    (C) Amendments to OAPCR 1.4.4 ``Major Sources--Prevention of
Significant Deterioration (PSD) Requirements for Attainment Areas''
Sec. 1.4.4(b)(22)(A), Sec. 1.4.4(d)(4), Sec. 1.4.4(d)(9),
Sec. 1.4.4(d)(10), Sec. 1.4.4(d)(11), and Sec. 1.4.4(d)(12), as adopted
March 23, 1989, by the Oklahoma State Board of Health and effective June
11, 1989.
    (D) Amendments to OAPCR 1.4.5. ``Major Sources--Nonattainment
Areas'' Sec. 1.4.5(b)(18), and Sec. 1.4.5(c)(1)(C), as adopted March 23,
1989, by the Oklahoma State Board of Health and effective June 11, 1989.
    (39) On February 20, 1985, the Governor of Oklahoma, submitted a SIP
revision designed to achieve the ozone standard in Tulsa County.
Supplemental information was submitted on August 23, 1985, January 21,
June 2, September 2, and December 22, 1986. The anti-tampering
regulation was submitted to EPA by the Governor on October 8, 1985. On
March 31, 1986, the Governor of Oklahoma submitted one new regulation.
On May 8, 1989, the Governor of Oklahoma submitted one revised
regulation. On March 9, 1990, the Governor of Oklahoma submitted four
new regulations and several miscellaneous changes to the existing SIP
approved regulations in Tulsa County. EPA is approving one regulation
(OAPCR 3.7.5-4(f) ``Petroleum (Solvent) Dry Cleaning'') under part A,
section 110 of the Clean Air Act. This regulation does not represent
RACT under part D, section 172 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control
of Emissions of Organic Materials'' Sec. 3.7.5-4(f) as adopted by the
Oklahoma State Board of Health on February 7, 1985, and effective July
1, 1986.
    (B) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control
of Emissions of Organic Materials'' Sec. 3.7.5-4(f), Sec. 3.7.5-
4(f)(1)(A), Sec. 3.7.5-4(f)(1)(B)(vi),
[[Page 392]]
Sec. 3.7.5-4(f)(1)(B)(vii), Sec. 3.7.5-4(f)(2)(B), Sec. 3.7.5-
4(f)(3)(A)(iv), Sec. 3.7.5-4(f)(3)(B), Sec. 3.7.5-4(f)(4), Sec. 3.7.5-
4(f)(4)(A), Sec. 3.7.5-4(f)(4)(A)(i), Sec. 3.7.5-4(f)(4)(A)(ii),
Sec. 3.7.5-4(f)(4)(A)(iii), Sec. 3.7.5-4(f)(5), and Sec. 3.7.5-
4(f)(5)(A) as amended by the Oklahoma State Board of Health on January
29, 1987, and effective January 29, 1987.
    (C) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR)
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-1(a),
Sec. 3.7.5-2(a)(2)(A), Sec. 3.7.5-4(b), Sec. 3.7.5-4(e)(2)(A),
Sec. 3.7.5-4(f)(1)(A), Sec. 3.7.5-4(f)(2)(A), Sec. 3.7.5-4(f)(2)(B), and
Sec. 3.7.5-4(i) as amended by the Oklahoma State Board of Health on
March 23, 1989, and effective June 11, 1990.
    (D) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR)
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.1(b)(10),
Sec. 3.7.1(b)(11), Sec. 3.7.1(b)(12), Sec. 3.7.1(b)(13),
Sec. 3.7.1(b)(14), Sec. 3.7.5-2(a)(1)(B)(i), Sec. 3.7.5-2(a)(2),
Sec. 3.7.5-2(a)(3)(A)(iv), Sec. 3.7.5-2(a)(3)(A)(v), Sec. 3.7.5-
2(a)(4)(A)(ii), Sec. 3.7.5-2(a)(5)(A), Sec. 3.7.5-2(a)(6)(A)(i),
Sec. 3.7.5-2(a)(6)(A)(iii), Sec. 3.7.5-2(a)(6)(B), Sec. 3.7.5-
2(a)(8)(A)(i), Sec. 3.7.5-2(a)(9), Sec. 3.7.5-2(b)(1), Sec. 3.7.5-
2(b)(2), Sec. 3.7.5-2(b)(2)(A)(i), Sec. 3.7.5-2(c)(1), Sec. 3.7.5-
2(c)(1)(A), Sec. 3.7.5-2(c)(1)(B), Sec. 3.7.5-2(c)(2), Sec. 3.7.5-
2(c)(3), Sec. 3.7.5-2(c)(4), Sec. 3.7.5-3(a)(2)(B), Sec. 3.7.5-
3(a)(3)(B)(i), Sec. 3.7.5-4(b)(1)(A)(i), Sec. 3.7.5-4(b)(1)(A)(ii),
Sec. 3.7.5-4(b)(1)(A)(iii), Sec. 3.7.5-4(b)(3)(F), Sec. 3.7.5-
4(c)(1)(A), Sec. 3.7.5-4(c)(1)(A)(ii), Sec. 3.7.5-4(c)(1)(D),
Sec. 3.7.5-4(c)(1)(E), Sec. 3.7.5-4(c)(2)(A)(i), Sec. 3.7.5-
4(c)(2)(A)(ii), Sec. 3.7.5-4(c)(2)(A)(iii), Sec. 3.7.5-
4(c)(2)(A)(iii)(a), Sec. 3.7.5-4(c)(2)(A)(iii)(d), Sec. 3.7.5-
4(c)(2)(C), Sec. 3.7.5-4(c)(3), Sec. 3.7.5-4(c)(3)(A), Sec. 3.7.5-
4(c)(3)(A)(i), Sec. 3.7.5-4(c)(3) (B) through (C) added, Sec. 3.7.5-
4(c)(4), Sec. 3.7.(d)(5)(A), Sec. 3.7.5-4(f)(1)(A), new Sec. 3.7.5-4(g),
Sec. 3.7.5-4(i)(1)(B), Sec. 3.7.5-4(i)(1)(B)(iii), Sec. 3.7.5-
4(i)(1)(B)(iv), Sec. 3.7.5-4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), and
Sec. 3.7.5-4(i)(2)(G), as amended/adopted by the Oklahoma State Board of
Health on October 11, 1989, and effective May 25, 1990.
    (E) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR)
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-2(a)(1)(A),
Sec. 3.7.5-2(a)(1)(B), Sec. 3.7.5-2(a)(1)(B)(i), Sec. 3.7.5-
2(a)(1)(B)(vii), Sec. 3.7.5-2(a)(6)(A)(i), Sec. 3.7.5-2(c)(3)(B),
Sec. 3.7.5-2(c)(4), Sec. 3.7.5-4(g)(6), Sec. 3.7.5-4(g)(11), Sec. 3.7.5-
4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), Sec. 3.7.5-4(i)(1)(F), Sec. 3.7.5-
4(i)(1)(G), and new Sec. 3.7.5-4(j) as amended/ adopted by the Oklahoma
State Board of Health on February 8, 1990, and effective May 25, 1990.
    (F) Oklahoma Official Motor Vehicle Inspection Rules and Regulations
Manual adopted December 5, 1985, and effective January 1, 1986.
    (G) 47 O.S. SUPP. 856.1 et seq. adopted May 24, 1984, and effective
May 24, 1984.
    (H) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
    (I) February 20, 1985, plan commitments for Tulsa County, including
transportation control measures, page 8, and Reasonable Further Progress
schedules and reporting commitments, pages 10 and 11, dated June 3,
1986.
    (J) Title 37, chapter 4, section 167, Tulsa City Ordinance number
16466 as approved and effective October 15, 1985, by the City of Tulsa.
    (K) An October 17, 1989, commitment letter, to develop and
incorporate test methods into OAPCR 3.7 for determining the capture
efficiency of control devices associated with coating operations.
    (L) A January 16, 1990, commitment letter stating that the DPS will
annually conduct unannounced visits to 10 percent of the Tulsa
inspection stations.
    (M) A September 28, 1990, Memorandum of Understanding.
    (N) An October 12, 1990, letter to report semiannually to EPA,
information relating to the effectiveness and enforcement of the I/M
program.
    (ii) Additional material.
    (A) February 20, 1985, narrative plan revision designed to achieve
the ozone standard in Tulsa County, including control strategy, modeling
analysis, transportation control plan and measures, I/M program
description, and negative declarations.
    (B) A written interpretation by the DPS dated June 26, 1987, of the
term ``proper replacement'' in Sec. 856.1(C) of the Oklahoma statutes to
mean ``original equipment manufacturer (OEM) or equivalent''.
    (40) On October 17, 1985, the Governor of Oklahoma submitted a SIP
revision designed to achieve the carbon monoxide standard in Oklahoma
County.
[[Page 393]]
Supplemental information was submitted on January 29, 1986, November 7,
1986, October 12, 1990, and October 15, 1990. The anti-tampering
regulation was submitted to EPA by the Governor on October 8, 1985.
    (i) Incorporation by reference.
    (A) Oklahoma Official Motor Vehicle Inspection Rules and Regulations
Manual adopted December 5, 1985, and effective January 1, 1986.
    (B) 47 O.S. SUPP. Section 856.1 et seq. adopted May 24, 1984, and
effective May 24, 1984.
    (C) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
    (D) October 17, 1985, plan reporting commitments for Oklahoma County
Reasonable Further Progress schedule, page 6.
    (E) The City of Oklahoma City Ordinance No. 12,575, as passed by the
Council of the City of Oklahoma City on March 31, 1970, and approved by
the Mayor on March 31, 1970.
    (ii) Additional material.
    (A) A February 7, 1991, commitment letter stating that the DPS will
annually conduct unannounced visits at 10 percent of the Oklahoma County
inspection stations.
    (B) An October 12, 1990, letter committing to report semiannually to
EPA, information relating to the effectiveness and enforcement of the I/
M program.
    (41) On November 14, 1990, the Governor submitted revisions to
Oklahoma Air Pollution Control Regulation (Regulation) 1.1 ``Defining
Terms Used in Oklahoma Air Pollution Control Regulations'', Regulation
1.2 ``Oklahoma Air Quality Standards and Increments'', and Regulation
1.4 ``Permits''. These regulations were adopted by the Oklahoma Air
Quality Council on April 3, 1990, and by the Oklahoma Board of Health on
April 12, 1990. These regulations became effective when they were signed
by the Governor as emergency rules on June 4, 1990.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulation 1.1,
Regulation 1.2, and Regulation 1.4, as adopted by the Oklahoma Air
Quality Council on April 3, 1990, by the Oklahoma Board of Health on
April 12, 1990, and became effective on June 4, 1990: Oklahoma Air
Pollution Control Regulations 1.1(b)(13), 1.1(b)(14), 1.1(b)(15),
1.1(b)(16), 1.1(b)(82)(D), 1.2--Table 1.2(2), 1.4.1(a)(1),
1.4.1(b)(3)(B), 1.4.1(b)(3)(C), 1.4.2(a)(2)(ii), 1.4.2(c), 1.4.2(h)(2),
1.4.4(b)(3)(D), 1.4.4(b)(13), 1.4.4(b)(14), 1.4.4(b)(15) and
1.4.4(d)(12), 1.4.4(d)(13)(C).
    (ii) Additional material.
    (A) April 23, 1991, letter from Mr. John Drake, Chief, Air Quality
Service, Oklahoma State Department of Health, to Mr. A. Stanley Meiburg,
Director, Air, Pesticides & Toxics Division, EPA, Region 6.
    (42) On November 7, 1989, the Governor of Oklahoma submitted a
revision to the SIP consisting of a construction permit, number 88-116-
C, for a cogeneration unit and an operating permit, number 88-117-O, for
a sulfur recovery unit. The revision involves a sulfur dioxide emissions
trade for the Conoco, Incorporated, Ponca City Refinery.
    (i) Incorporation by reference. (A) Permit number 88-116-C, as
adopted by the Oklahoma State Department of Health (OSDH) on May 23,
1989.
    (B) Permit number 88-117-O, as adopted by the Oklahoma State
Department of Health (OSDH) on June 22, 1990.
    (ii) Additional material. (A) The document issued by Conoco Ponca
City Refinery, titled, ``Level II Modeling Analysis in Support of
Alternate Emissions Reduction Permit for Sulfur Recovery Plant'' dated
April 1990.
    (B) The document issued by Conoco Ponca City Refinery, titled,
``Level III Remodeling for an SO<INF>2</INF> Bubble Trade'' dated June
3, 1991 (revised July 8, 1991).
    (43) A revision to the Oklahoma SIP to include revisions to Oklahoma
Title 310, Chapter 200, Subchapter 31, entitled Control of Emissions of
Sulfur Compounds.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Title 310, Chapter 200, Subchapter 31,
entitled Control of Emissions of Sulfur Compounds, Part 1. ``General
Provisions,'' Section 310:200-31-2, ``Definitions;'' Section 310:200-31-
3, ``Performance testing;'' Part 3. ``Existing Equipment Standards,''
Section 310:200-31-12, ``Sulfur oxides;'' Section 310:200-31-13,
``Sulfuric acid mist;'' Section 310:200-31-14, ``Hydrogen sulfide;''
Section 310:200-31-
[[Page 394]]
15, ``Total reduced sulfur;'' Part 5. ``New Equipment Standards,''
Section 310:200-31-25, ``Sulfur oxides;'' and Section 310:200-31-26,
``Hydrogen sulfide,'' as adopted by the Oklahoma State Board of Health
on March 24, 1993, and effective June 1, 1993.
    (44) A revision to the Oklahoma SIP to include Oklahoma
Administrative Code, Chapter 310:200, Subchapter 23, entitled, ``Control
of Emissions From Cotton Gins,'' submitted by the Governor on May 16,
1994.
    (i) Incorporation by reference.
    (A) Addition of Oklahoma Administrative Code, Chapter 310:200,
Subchapter 23, entitled, ``Control of Emissions From Cotton Gins,'' as
adopted by the Oklahoma Air Quality Council on April 30, 1992, and
effective June 1, 1993.
    (ii) Additional material--None.
    (45) The State is required to implement a Small Business Stationary
Source Technical and Environmental Compliance Assistance Program as
specified in the plan revision submitted by the Governor on November 19,
1992. This plan submittal, as adopted by the Oklahoma Air Quality
Council on October 13, 1992, was developed in accordance with section
507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Enrolled House Bill No. 2251 (Oklahoma Clean Air Act of 1992),
signed into law by the Governor on May 15, 1992, and effective upon
signature. Included in this Act are provisions establishing a small
business stationary source compliance assistance program; creating the
State Ombudsman Office for small business; establishing Ombudsman
duties; creating a Compliance Advisory Panel; establishing membership of
Panel; and establishing Panel duties.
    (B) Enrolled House Bill No. 2227 (Oklahoma Environmental Quality
Act), signed into law by the Governor on June 12, 1992, and effective
upon signature, authorizing the creation of the Oklahoma Department of
Environmental Quality (ODEQ).
    (ii) Additional material.
    (A) Revision entitled, ``The Oklahoma Small Business Stationary
Source Assistance Program, Chapter 11 of the State Implementation Plan,
October 13, 1992.''
    (46) A revision to the Oklahoma SIP to include revisions to Oklahoma
Department of Public Safety regulation Title 595, Chapter 20, Subchapter
3--Emission and Mechanical Inspection of Vehicles, Subchapter 7--
Inspection Stickers and Monthly Tab Inserts for Windshield and Trailer/
Motorcycle, Subchapter 9--Class AE Inspection Station, Vehicle Emission
Anti-tampering Inspection and Subchapter 11--Annual Motor Vehicle
Inspection and Emission Anti-Tampering Inspection Records and Reports,
adopted by the State on April 6, 1994, effective May 26, 1994 and
submitted by the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Department of Public Safety regulation
Title 595, Chapter 20: 3-1(2); 3-3; 3-5; 3-6; 3-12; 3-25; 3-26; 3-27; 3-
41(o); 3-42; 3-46(a) and (b); 3-61(a),(b),(e) and (f); 3-63(b) and (g);
7-1(c) and (f); 7-2(a); 7-3; 7-4(a); 7-5(a); 7-6(a); 7-7(a); 9-1(a); 9-
3(l) and (m); 9-7; 9-10(a),(b) and (c); 9-11(a); 9-12(a); 9-13(a); 9-
14(a) and (b); 9-15(a); 11-1; 11-2(a); 11-3(a); 11-4 effective May 26,
1994.
    (ii) Additional material.
    (A) State SIP revision entitled, ``Oklahoma Vehicle Anti-Tampering
Program SIP Revision,'' which includes a completeness determination, SIP
narrative, hearing records and other documentation relevant to the
development of this SIP.
    (47) A revision to the Oklahoma SIP to include revisions to Oklahoma
Air Pollution Control Regulation 3.7--Control of Emissions of Organic
Materials, adopted by the State on October 2, 1990, effective May 11,
1991 and submitted by the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulations 3.7,
Sections 3.7.5-4(g)(7)(A)(i)(b), 3.7.5-4(g)(9)(A), 3.7.5-4(i)(3)(B)(1),
and 3.7.5-4(i)(3)(B)(3) effective May 11, 1991.
    (ii) Additional material.
    (A) State SIP revision entitled, ``Oklahoma Alternative Standards
SIP Revision,'' which includes a completeness determination, SIP
narrative, hearing records and other documentation relevant to the
development of this SIP.
[[Page 395]]
    (48) Revisions to Oklahoma Department of Environmental Quality
(ODEQ) regulations in the Oklahoma SIP adopted by the Oklahoma
Legislature on March 30, 1994, effective May 26, 1994, and submitted by
the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Oklahoma Register, May 16, 1994, pages 2031 and 2032, approving
the transfer of the Oklahoma Air Quality Control Rules into Title 252,
Chapter 100, of the Oklahoma Administrative Code.
    (B) Oklahoma Administrative Code, Title 252, Chapter 100
(OAC:252:100), Oklahoma Air Quality Control Rules, adopted by the
Oklahoma Legislature on March 30, 1994, effective May 26, 1994.
    (1) Subchapter 1, General Provisions.
    (2) Subchapter 3, Air Quality Standards and Increments.
    (3) Subchapter 5, Registration of Air Contaminant Sources.
    (4) Subchapter 9, Excess Emissions and Reporting Requirements.
    (5) Subchapter 13, Prohibition of Open Burning.
    (6) Subchapter 15, Motor Vehicle Pollution Control Devices.
    (7) Subchapter 17, Incinerators.
    (8) Subchapter 19, Particulate Matter Emissions from Fuel-Burning
Equipment.
    (9) Subchapter 23, Control of Emissions from Cotton Gins.
    (10) Subchapter 25, Smoke, Visible Emissions and Particulates.
    (11) Subchapter 27, Particulate Matter Emissions from Industrial and
Other Processes and Operations.
    (12) Subchapter 29, Control of Fugitive Dust.
    (13) Subchapter 31, Control of Emission of Sulfur Compounds.
    (14) Subchapter 33, Control of Emission of Nitrogen Oxides.
    (15) Subchapter 35, Control of Emission of Carbon Monoxide.
    (16) Subchapter 37, Control of Emissions of Organic Materials.
    (17) Subchapter 39, Control of Emission of Organic Materials in
Nonattainment Areas
    (18) Subchapter 43, Sampling and Testing Methods.
    (19) Subchapter 45, Monitoring of Emissions.
    (20) Appendix A, Allowable Emissions for Incinerators with
Capacities in Excess of 100 lbs/hr.
    (21) Appendix B, Allowable Emissions for Incinerators with
Capacities Less Than 100 lbs/hr.
    (22) Appendix C, Particulate Matter Emission Limits for Fuel-Burning
Equipment.
    (23) Appendix E, Primary Ambient Air Quality Standards.
    (24) Appendix F, Secondary Ambient Air Quality Standards.
    (25) Appendix G, Allowable Rate of Emissions.
    (ii) The following previously approved ODEQ regulations remain in
the Oklahoma SIP:
    (A) Regulation 1.4, ``Air Resources Management Permits Required,''
as approved by EPA on: August 25, 1983 (48 FR 38636), at 52.1920(c)(26);
April 2, 1984 (49 FR 13039), at 52.1920(c)(29); July 27, 1984 (49 FR
30185), at 52.1920(c)(31); August 20, 1990 (55 FR 33907), at
52.1920(c)(34); February 12, 1991 (56 FR 5655), at 52.1920(c)(38); and
July 23, 1991 (56 FR 33717), at 52.1920(c)(41).
    (B) Regulation 3.8, ``Control of Emission of Hazardous Air
Contaminants,'' approved by EPA on August 15, 1983 (48 FR 36819), at
52.1920(c)(27).
    (iii) Additional materials--None.
    (49) Oklahoma visibility protection plan submitted by the Governor
of Oklahoma on June 18, 1990.
    (i) Incorporation by reference. Oklahoma Air Pollution Control
Regulations, Sections 1.4.4(f)(2), 1.4.4(f)(7), 1.4.4(f)(11), and
1.4.4(g), as amended by the Oklahoma State Department of Health on July
9, 1987, effective August 10, 1987.
    (ii) Additional information. ``Oklahoma Visibility Protection
Plan,'' submitted by the Governor of Oklahoma on June 18, 1990.
[37 FR 10887, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1920, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.1921  Classification of regions.
    The Oklahoma plan was evaluated on the basis of the following
classifications:
[[Page 396]]
----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Central Oklahoma Intrastate...............................           I        III       III       III          I
Northeastern Oklahoma Intrastate..........................           I        III       III       III          I
Southeastern Oklahoma Intrastate..........................         III        III       III       III        III
North Central Oklahoma Intrastate.........................         III        III       III       III        III
Southwestern Oklahoma Intrastate..........................         III        III       III       III        III
Northwestern Oklahoma Intrastate..........................         III        III       III       III        III
Metropolitan Fort Smith Interstate........................          II        III       III       III        III
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------
[37 FR 10887, May 31, 1972, as amended at 45 FR 9741, Feb. 13, 1980]
Sec. 52.1922  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Oklahoma's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds that the plan satisfies all requirements of Part
D, Title 1, of the Clean Air Act as amended in 1977, except as noted
below.
[45 FR 9741, Feb. 13, 1980, as amended at 61 FR 16062, Apr. 11, 1996]
Secs. 52.1923-52.1928  [Reserved]
Sec. 52.1929  Significant deterioration of air quality.
    (a) Regulation for preventing significant deterioration of air
quality. The Oklahoma plan, as submitted, does not apply to certain
sources in the State. Therefore the provisions of Sec. 52.21 (b) through
(w) are hereby incorporated by reference, madepart of the Oklahoma State
Implementation Plan and are applicable to the following major stationary
sources or major modifications:
    (i) Sources permitted by EPA prior to approval of the Oklahoma PSD
program for which EPA retains enforcement authority.
    (ii) Sources proposing to locate on lands over which Oklahoma does
not have jurisdiction under the Clean Air Act to issue PSD permits.
    (b) The plan revisions submitted by the Governor of Oklahoma on
August 22, 1989, as adopted on March 23, 1989, by the Oklahoma State
Board of Health and effective June 11, 1989, amendments to OAPCR 1.4.4
``Major Sources--Prevention of Significant Deterioration (PSD)
Requirements for Attainment Areas'' is approved as meeting the
requirements of Part C of the Clean Air Act for preventing significant
deterioration of air quality.
[56 FR 5656, Feb. 12, 1991]
Sec. 52.1930  [Reserved]
Sec. 52.1931  Petroleum storage tank controls.
    (a) Notwithstanding any provisions to the contrary in the Oklahoma
implementation plan, the petroleum storage tanks listed in paragraphs
(b) through (e) of this section shall be subject to the requirements of
section 15.211 of the Oklahoma Air Pollution Control Regulations and to
the monitoring, inspection, reporting, and other procedural requirements
of the Oklahoma implementation plan and the Clean Air Act. The owner or
operator of each affected facility shall secure compliance with section
15.211 in accordance with the schedule set forth below.
    (b) Tanks 121 and 122 for crude oil storage at the Sun Oil Company
refinery at Duncan, Oklahoma, shall be in compliance with section 15.211
no later than August 1, 1979.
    (c) Tanks 118 and 119 for gasoline storage at the Apco Oil
Corporation refinery at Cyril, Oklahoma, shall be in compliance with
section 15.211 no later than February 1, 1979.
    (d) Tank 286 for crude oil storage at the Continental Pipe Line
Company property in Oklahoma County, Oklahoma (section 32-12N-2W) shall
be in compliance with section 15.211 no later than February 1, 1979.
    (e) The three 80,000 barrel capacity crude oil storage tanks at the
[[Page 397]]
Champlin Petroleum Company, Noble Station, 13th and Bryan Streets,
Oklahoma City, Oklahoma, shall be in compliance with section 15.211 no
later than September 1, 1979.
    (f) Action on the part of Sun Oil Company, Apco Oil Corporation,
Continental Pipe Line Company and Champlin Petroleum Company of
controlling hydrocarbon emissions creditable as offsets for General
Motors Corporation, Oklahoma City, Oklahoma, in no way relieves these
companies from meeting all requirements under the Oklahoma Air Quality
Implementation Plan or under the Federal Clean Air Act as amended.
[42 FR 63782, Dec. 20, 1977]
Sec. 52.1932-52.1933  [Reserved]
Sec. 52.1934  Prevention of air pollution emergency episodes.
    (a) The plan originally submitted by the Governor of Oklahoma on
January 28, 1972, as Chapter six, was revised for particulate matter and
submitted for parallel processing by the Episode Control Plan for the
State of Oklahoma'' Sec. 2.2 and Sec. 3.2 table II as adopted September
6, 1988, by the Oklahoma Air Quality Council are approved as meeting the
requirements of section 110 of the Clean Air Act and 40 CFR part 51
subpart H.
[56 FR 5656, Feb. 12, 1991]
Sec. 52.1935  Small business assistance program.
    The Governor of Oklahoma submitted on November 19, 1992, a plan
revision to develop and implement a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program to meet the
requirements of section 507 of the Clean Air Act by November 15, 1994.
The plan commits to provide technical and compliance assistance to small
businesses, hire an Ombudsman to serve as an independent advocate for
small businesses, and establish a Compliance Advisory Panel to advise
the program and report to EPA on the program's effectiveness.
[59 FR 32370, June 23, 1994]
                           Subpart MM--Oregon
Sec. 52.1970  Identification of plan.
    (a) Title of plan: ``State of Oregon Clean Air Act Implementation
Plan.''
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Amendments to the implementation plan including ORS chapters
449, 192, and 340 submitted on May 3, 1972, by the Governor.
    (2) Transportation control strategy for oxidants and carbon monoxide
in the Oregon portion of the Portland Interstate Region submitted on
October 26, 1972, by the Governor.
    (3) Compliance schedules submitted on February 9, 1973, by the
Department of Environmental Quality.
    (4) Revision to the transportation control plan submitted on April
13, 1973, by the Governor.
    (5) Compliance schedules submitted on May 30, 1973, by the
Department of Environmental Quality.
    (6) Compliance schedules submitted on June 8, 1973, by the
Department of Environmental Quality.
    (7) Compliance schedules submitted on June 22, 1973, by the
Department of Environmental Quality.
    (8) Compliance schedules submitted on June 25, 1973, by the
Department of Environmental Quality.
    (9) Compliance schedules submitted on July 31, 1973, by the
Department of Environmental Quality.
    (10) Compliance schedules submitted on August 3, 1973, by the
Department of Environmental Quality.
    (11) Request for an extension to May 31, 1976, of the attainment
date for carbon monoxide and photochemical oxidants and miscellaneous
additions (Nonregulatory) to the transportation control plan submitted
on September 21, 1973, by the Governor.
    (12) Miscellaneous additions (Nonregulatory) to the transportation
control plan submitted on August 20, 1973, by the Department of
Environmental Quality.
    (13) Plan for maintenance of the national standards submitted on
August 27, 1973, by the Department of Environmental Quality.
[[Page 398]]
    (14) Revision to Oregon Administrative Rules (OAR) Chapter 340,
sections 25-105 through 25-130,--Hot Mix Asphalt Plans and sections 25-
155 through 25-195 Kraft Pulp Mills submitted on February 8, 1973, by
the Department of Environmental Quality.
    (15) Change to regulations for the Lane Regional Air Pollution
Authority submitted on February 13, 1973, by the Department of
Environmental Quality.
    (16) Special air pollution control rules for Clackamas, Columbia,
Multnomah and Washington Counties and certification of the dissolution
of regulations for the Columbia-Willamette Air Pollution Authority
submitted on January 17, 1974, by the Department of Environmental
Quality.
    (17) Revision to Oregon Administrative Rules (OAR) Chapter 340,
sections 12-030 through 12-055 Civil Penalties submitted on February 19,
1975, by the Department of Environmental Quality.
    (18) Oregon Revised Statute 468.095 for public availability of
emission data submitted on August 1, 1975, by the Department of
Environmental Quality.
    (19) Indirect Source Regulation (OAR, Chapter 340 sections 20-100
through 20-135) submitted on July 24, 1975, by the Department of
Environmental Quality.
    (20) Indirect Source Regulation (Title 20--Indirect Sources), of the
Lane Regional Air Pollution Authority Rules and Regulations, submitted
November 18, 1975 by the Department of Environmental Quality.
    (21) Air Contaminant Discharge Permits (Oregon Administrative Rules
340-20-140 through 340-20-185) submitted February 17, 1976.
    (22) Lane Regional Air Pollution Authority Regulation, Title 22--
Permits, submitted June 7, 1976.
    (23) Oregon Revised Statutes sections 468.450 through 468.485
submitted on August 1, 1975, by the Department of Environmental Quality.
    (24) Oregon Administrative Rules (OAR) Chapter 340, sections 26-005
through 26-025, submitted on February 17, 1976, by the Department of
Environmental Quality.
    (25) Request for an extension to May 31, 1978, of the attainment
date for particulate matter national secondary ambient air quality
standards in the Eugene/Springfield Air Quality Maintenance Area.
    (26) Revision to the field burning regulations submitted on June 28,
1979; September 13, 1979, October 10, 1979; and March 11, 1980, by the
Department of Environmental Quality.
    (27) On June 20 and 29, 1979, the Governor submitted: (i) Carbon
monoxide (CO) and ozone (O<INF>3</INF>) attainment plans for the Oregon
portion of the Portland-Vancouver AQMA, Salem, and Medford-Ashland AQMA,
and (ii) a carbon monoxide (CO) attainment plan for the Eugene-
Springfield AQMA.
    (28) On June 20, 1979, the Governor requested an extension beyond
1982 for the attainment of carbon monoxide (CO) in Portland, Eugene-
Springfield and Medford.
    (29) On June 29, 1979, the Governor requested an extension beyond
1982 for the attainment of ozone (O<INF>3</INF>) in Portland.
    (30) On February 14, 1980, the State Department of Environmental
Quality submitted its official response to EPA's proposed SIP actions
which were published in the Federal Register on January 21, 1980 (45 FR
3929).
    (31) On May 6, 1980, the State Department of Environmental Quality
submitted recodified portions of Oregon Revised Statutes (ORS) 449 which
authorize Oregon's automobile inspection/maintenance program. This
submittal, requested by EPA, included chapters ORS 468.360 through
468.420, 481.190, 481.200, 483.800, 483.820, and 483.825.
    (32) Revisions to the program for controlling the open burning of
grass seed fields submitted on April 22, 1980, by the Department of
Environmental Quality.
    (33) Oregon Administrative Rules (OAR) Chapter 340, sections 24-300
through 24-350 for the vehicle inspection and maintenance program,
submitted on July 26, 1980, by the Oregon Department of Environmental
Quality.
    (34) On December 27, 1979, the State of Oregon Department of
Environmental Quality submitted a plan revision to meet the requirements
of Air Quality Monitoring 40 CFR part 58, subpart C Sec. 58.20.
    (35) On December 31, 1980, the State Department of Environmental
Quality
[[Page 399]]
submitted an Oregon Air Containment Discharge Permit No. 36-6041
Addendum No. 1 issued to Spaulding Pulp and Paper Company on December
11, 1980; Oregon Air Discharge Containment Discharge Permit No. 26-3025,
issued to Industrial Laundry Dry Cleaners, Inc., on December 1980 and
Oregon Environmental Quality Commission Stipulation and Consent Final
Order concerning Vanply, Inc., dated December 30, 1980.
    (36) On September 8, October 16, December 5, December 19, 1980, May
29, 1981 and September 9, 1981, DEQ submitted revisions to the SIP
designed to satisfy the conditions of approval published by EPA on June
24, 1980 (45 FR 42265).
    (37) Specific air pollution control rules for the Medford AQMA (OAR
340-30-005 through 340-30-070) submitted by the Department of
Environmental Quality on May 26, 1978, and revisions submitted by the
Department of Environmental Quality on February 14, 1980 (OAR-340-010
and 340-30-020), October 29, 1980 (OAR 340-30-016, 340-30-035 and 340-
30-045), May 22, 1981 (OAR 340-30-010, 340-30-030 and 340-30-045) and
September 9, 1981 (OAR 340-30-060).
    (38) Revisions to the Lane Regional Air Pollution Authority rules
submitted by the Department of Environmental Quality on March 14, 1977
(Title 22, Sections 010 and 020 and Table A), June 29, 1979 (Title 11,
Section 015; Title 12, Sections 005 and 010; Title 13; Title 20,
Sections 110, 115, 120, 125, 129 and 130; Title 21, Sections 010 and
030; Title 32, Sections 005 and 010; Title 33, Sections 005, 010, 015
and 065; Title 36; Title 42; Title 43; Title 44; and Title 45), November
6, 1979 (Title 22,Section 020 and Table A), and January 30, 1980 (Title
36).
    (39) Conditions 5 and 6 of the Air Contaminant Discharge Permit for
the Weyerhaeuser Company plant in Bly, Oregon (Permit Number: 18-0037)
submitted by the Department of Environmental Quality on March 24, 1981.
    (40) Condition 4, 5, and 6 of the Air Contaminant Discharge Permit
for the Weyerhaeuser Company plant in North Bend, Oregon (Permit Number:
06-0007) submitted by the Department of Environmental Quality on March
27, 1981.
    (41) Revisions to the agricultural open field burning rules (OAR
340-26-005 through 340-26-030) submitted by the Department of
Environmental Quality on April 23, 1981, and amended ``Smoke Management
Program Operational Guidelines'' submitted by the Department of
Environmental Quality on July 8, 1981.
    (42) Revisions to the rules for sulfite pulp mills (OAR 340-25-350
through 340-25-390) submitted by the Department of Environmental Quality
on June 2, 1980.
    (43) Revisions to the Air Quality Schedule of Civil Penalties (OAR
340-12-050) submitted by the Department of Environmental Quality on
February 14, 1980.
    (44) Revision to the ambient air quality standard for ozone (OAR
340-31-030) submitted by the Department of Environmental Quality on June
20, 1979.
    (45) On March 24, 1981, the State Department of Environmental
Quality submitted control strategies for the Portland secondary total
suspended particulates nonattainment area.
    (46) On March 23, 1981, the State Department of Environmental
Quality submitted control strategies for the Eugene-Springfield
secondary total suspended particulates nonattainment area.
    (47) On October 16, 1980, the State Department of Environmental
Quality submitted revisions to the control strategies for the Salem
ozone nonattainment area.
    (48) On August 17, 1981, the State Department of Environmental
Quality submitted amendments to the operating rules for the Portland
motor vehicle inspection program (OAR 340-24-300 through 350).
    (49) On March 11, 1982, the State of Oregon Department of
Environmental Quality submitted three revisions to the Lane Regional Air
Pollution Authority rules. They are:
    (i) Title 11 Definitions (Section 015.013, Air Conveying Systems),
    (ii) Title 22 Permits (Section 020, Fees),
    (iii) Title 32 Emission Standards (Section 800, Air Conveying
System).
    (50) On March 11, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to their
[[Page 400]]
State ambient air quality standard for ozone (from 0.08 ppm to 0.12 ppm.
    (51) Amendments to the Air Contaminant Discharge Permit Rules
submitted by the State Department of Environmental Quality on February
15, 1977 (OAR 340-20-140 through 185), July 24, 1979 (OAR 340-20-155
Table A, 165, 175 and 180) and May 22, 1981 (OAR 340-20-155 Table A).
    (52) Prevention of Significant Deterioration Rules (OAR 340-31-100,
105 subsections (12), (15) and (16), 110, 115, 120 and 130) submitted by
the State Department of Environmental Quality on June 20, 1979, and
September 9, 1981.
    (53) New Source Review Rules (OAR 340-20-220 to 275, except Section
225 subsections 7 and 11), except to the extent that they apply to
marine vessel emissions, submitted by the State Department of
Environmental Quality on September 9, 1981, and deletion of Special
Permit Requirements for Sources Locating In or Near Nonattainment Areas
(OAR 340-20-190 through 195).
    (54) Plant Site Emission Limit Rules (OAR 340-20-300 through 320)
submitted by the State Department of Environmental Quality on September
9, 1981, and deletion of the Plant Site Emission Limit Rules (OAR 340-
20-196 and 197).
    (55) On July 20, 1982, the State of Oregon Department of
Environmental Quality submitted: (i) Carbon monoxide (CO) and ozone
(O<INF>3</INF>) attainment plans for Portland which build upon those
plans submitted in June 1979 and (ii) a request to extend the Portland
CO and O<INF>3</INF> attainment dates to December 31, 1985, and December
31, 1987, respectively.
    (56) On August 9, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to remove the Mid-Willamette
Valley Air Pollution Authority Regulations from the Oregon state
implementation plan.
    (57) Amendments to the rules for primary aluminum plants submitted
by the Oregon State Department of Environmental Quality on February 21,
1974 (OAR 340-25-255 to 290), February 14, 1980 (OAR 340-25-265(4)(b)
and 265(5)) and August 9, 1982 (OAR 340-25-255 to 285).
    (58) Amendments to the rules for equipment burning salt laden wood
waste from logs stored in salt water (OAR 340-21-020) and removal of
Conditions 4, 5, and 6 of the Air Contaminant Discharge Permit for the
Weyerhaeuser Company plant in North Bend, Oregon (Permit Number: 06-
0007) submitted by the Oregon State Department of Environmental Quality
on October 18, 1982.
    (59) On August 16, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to OAR 340-24-300 to 24-350
(Vehicle Inspection Program Rules).
    (60) On January 24, 1983, the State of Oregon Department of
Environmental Quality submitted a revision to add a lead strategy to the
Oregon Implementation Plan and revise the State lead ambient air quality
standard to agree with the Federal standard.
    (61) On December 13, 1982, the State of Oregon Department of
Environmental Quality submitted two revisions to the Lane Regional Air
Pollution Authority rules. The revisions are: (1) Title 32, Emission
Standards (Section 800, Air Conveying Systems)--revision to compliance
date and (2) Title 33, Prohibited Practices and Control of Special
Classes (Section 070, Kraft Pulp Mills)--new rules.
    (62) Title 22 ``PERMITS'' of the Lane Regional Air Pollution
Authority Rules, except to the extent that they apply to marine vessel
emissions and except the definitions of ``dispersion technique'' and
``good engineering practice stack height'', and Title 32 ``EMISSION
STANDARDS'' Sections 32-100 through 32-104 of the Lane Regional
Authority Rules, submitted by the State Department of Environmental
Quality on March 2, 1983; clarifying letter dated June 20, 1984.
    (63) On May 6, 1983, the Oregon Department of Environmental Quality
submitted revisions to its rules as follows:
    (A) Revisions to the ``New Source Review'' rule consisting of an
amended section OAR 340-20-225, specifically, the deletion of the
definitions of ``Dispersion Technique'' (OAR 340-20-225(7)) and ``Good
Engineering Practice Stack Height'' (OAR 340-20-225(11)), the
renumbering of OAR 340-20-225, the revision of the definition of
``Nonattainment Area'' (OAR 340-20-225(14)), and
[[Page 401]]
changes to numerous references to coincide with the new numbering; the
deletion of subsection OAR 340-20-240(7) ``Growth Increments'' and the
addition of a new section OAR 340-20-241 ``Growth Increments;'' an
amended section OAR 340-20-245, specifically, revised subsections OAR
340-20-245(2)(c) and OAR 340-20-245(4), and changes to numerous
references to coincide with the new numbering of the definitions in OAR
340-20-225; and amendment to subsection )AR 340-20-260(2); a revised
reference in OAR 340-20-265(6) to coincide with the new numbering of a
definition; and the deletion of section OAR 340-20-275 ``Stack
Heights''.
    (B) The addition of a new ``Stack Heights and Dispersion
Techniques'' rule (OAR 340-20-340 and 345);
    (C) Revisions to the ``Portable Hot Mix Asphalt Plants'' rule (OAR
340-25-120; and
    (D) The deletion of OAR 340-22-108 ``Applicability of Alternative
Control Systems.''
    (64) Amendments to the fees in the ``Air Contaminant Discharge
Permit'' rule (OAR 340-20-155 Table 1 and OAR 340-20-165) submitted by
the Oregon Department of Environmental Quality on June 3, 1983.
    (65) On October 26, 1983, and December 14, 1983, the State of Oregon
Department of Environmental Quality submitted four separate revisions to
their plan. On October 26, 1983, the State submitted a revised air
emergency episode plan (OAR 340-27-005 through 340-27-030 (effective
October 7, 1983), revisions to gasoline marketing rules for the Medford-
Ashland ozone nonattainment area (OAR 340-22-110(1)(a), effective
October 7, 1983, and a revised ozone ambient air quality standard for
the Lane Regional Air Pollution Authority (Section 31-035 Ozone,
effective July 12, 1983). On December 14, 1983, the State submitted
revisions to the automobile inspection and maintenance program for
Portland (OAR 340-24-306 through 340-24-350, effective November 18,
1983). EPA is also approving OAR 340-27-035 which requires an
``operation and maintenance manual'' for administering the provisions of
the Emergency Episode Plan (effective October 7, 1983).
    (66) On October 20, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to the Medford, Oregon,
Carbon Monoxide Attainment Plan which is contained in the Oregon State
Implementation Plan. This plan builds upon the plan submitted in June
1979.
    (67) On April 25, 1983, the State Department of Environmental
Quality submitted Section 4.10, ``Medford-Ashland Air Quality
Maintenance Area State Implementation Plan for Particulate Matter.''
    (68) Amendments to the Open Burning Rules (OAR 340-23-022 through
115), submitted by the State Department of Environmental Quality on June
5, 1984.
    (69) Amendments to the Refuse Burning Equipment Limitations rules,
specifically OAR 340-21-005 (1) and (4), OAR 340-21-025(2)(b), and OAR
340-21-027, were submitted by the State Department of Environmental
Quality on January 16, 1984; and amendments to the Open Field Burning
rules, specifically, the addition of new sections 340-21-001, 340-26-
003, 340-26-031, 340-26-035, 340-26-040 and 340-21-045, revisions to
sections 340-26-005, 340-26-013, 340-26-015, 340-26-010 and replacing it
with a new section 340-26-010, the deletion of the existing section 340-
26-011 and 340-26-020, were submitted by the State Department of
Environmental Quality on March 14, 1984.
    (70) On December 10, 1984, the Oregon Department of Environmental
Quality submitted revisions to its Civil Penalty Rules (OAR 340-12)
which deleted Sections 005 through 025 and 052 through 068; amended
Sections 030, 040 and 050; and added Sections 070 and 075. Sections 035
and 045 were retained.
    (71) Revisions to the Oregon State Implementation Plan were
submitted by the Director on July 26, 1984, and August 7, 1984.
Revisions are woodstove certification program rules (OAR 340-21-100 to
340-21-190), Oregon Revised Statutes 468.630 to 468.655 and amendment to
field burning introduction (OAR 340-26-001) and repeal the field burning
rules relating to tax credits (OAR 340-26-030).
    (i) Incorporation by reference:
    (A) Woodstove certification program rules (OAR 340-21-100 to 340-21-
190) as
[[Page 402]]
published in the Oregon Administrative Rules, November 1984.
    (B) The Oregon Revised Statutes 468.630 to 468.655 as signed by the
Governor on July 5, 1984.
    (C) Amendment to the field burning rule introduction (OAR 340-60-
001) as adopted by the Oregon Environmental Commission on June 29, 1984.
    (72) Revisions to the Oregon SIP were submitted by the Director on
May 6, 1985. Revisions are: Definitions to the Vehicle Inspection
Operating Rules (OAR 340-24-305 (20) and (22)) and the Light Duty Motor
Vehicle Emission Control Test Method (OAR 340-24-310 through 350 as
amended).
    (i) Incorporation by reference.
    (A) Amendments to OAR (340-24-305 (20) and (22)) as adopted by the
Environmental Quality Commission on November 2, 1984.
    (B) Amendments to OAR 340-24-310 through 350 as amended as adopted
by the Environmental Quality Commission on April 19, 1985.
    (73) Amendments to the Lane Regional Air Pollution Authority Rules
for Air Conveying Systems (Title 32, section 800) were submitted by the
State Department of Environmental Quality on May 6, 1985.
    (i) Incorporation by reference.
    (A) Letter of May 6, 1985, to EPA from the Oregon Department of
Environmental Quality, and Amendments to Title 32, section 800 of the
Lane Regional Air Pollution Authority (LRAPA) as part of the Oregon
State Implementation Plan. Revisions were approved at the LRAPA Board of
Directors meeting on January 8, 1985, and approved by the Environmental
Quality Commission on April 19, 1985.
    (74) On September 25, 1984, the State of Oregon Department of
Environmental Quality submitted an amendment to OAR 340-20-047,
specifically Section 5.2 ``VISIBILITY PROTECTION PLAN FOR CLASS I
AREAS.'' On September 25, 1984, October 22, 1985, and March 19, 1986,
the State of Oregon Department of Environmental Quality submitted
amendments to the ``New Source Review'' rules, specifically, amendments
to OAR 340-20-225, OAR 340-20-230(1)(e) and (f), OAR 340-20-245(5), and
OAR 340-20-245(7) (submitted on 9/25/84), amendments to OAR 340-20-
245(3) (submitted on 9/25/84 and 10/22/85), OAR 340-20-276 (submitted on
9/25/84), and amendments to OAR 340-20-276(1) (submitted on 10/22/85 and
3/19/86).
    (i) Incorporation by reference.
    (A) Letter of September 25, 1984, from the Oregon State Department
of Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, adopted by the
Environmental Quality Commission on September 14, 1984, as follows:
    (1) OAR 340-20-047, Section 5.2 ``VISIBILITY PROTECTION PLAN FOR
CLASS I AREAS,'' except for ``Reserved'' subsections 5.2.5 ``Best
Available Retrofit Technology,'' 5.2.6 ``Integral Vistas,'' and 5.2.7
``Control Strategies;''
    (2) OAR 340-20-225 ``Definitions'' as amended;
    (3) OAR 340-20-230 ``Procedural Requirements,'' subsection (1)
``Information Required,'' paragraphs (e) and (f) as amended;
    (4) OAR 340-20-245 ``Requirements for Sources in Attainment or
Unclassified Areas (Prevention of Significant Deterioration),''
subsection (5) ``Air Quality Monitoring,'' paragraph (a) as amended;
    (5) OAR 340-20-245 ``Requirements for Sources in Attainment or
Unclassified Areas (Prevention of Significant Deterioration),''
subsection (7) ``Sources Impacting Class I areas'' as amended.
    (B) Letter of October 22, 1985, from the Oregon State Department of
Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, adopted by the
Environmental Quality Commission on September 27, 1985, as follows:
    (1) OAR 340-20-245 ``Requirements for Sources in Attainment or
Unclassified Areas (Prevention of Significant Deterioration),''
subsection (3) ``Exemption for Sources Not Significantly Impacting
Designated Nonattainment Areas,'' paragraph (a) as amended.
    (C) Letter of March 19, 1986, from the Oregon State Department of
Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, adopted by the
Environmental Quality Commission on November 22, 1985, as follows:
[[Page 403]]
    (1) OAR-340-20-276 ``Visibility Impact'' as amended.
    (75) A revision to the Oregon State Implementation Plan was
submitted by the Director of Department of Environmental Quality (DEQ)
on October 9, 1985, and supplemented with technical appendices on
February 13, 1986. This revision adds a mandatory vehicle Inspection and
Maintenance (I/M) program to the existing Medford Carbon Monoxide plan,
modifies the Oregon I/M regulations for underhood inspections by
eliminating tampering checks of 1974 and older model vehicles and
removes the existing section 110(a)(2)(I) construction moratorium.
    (i) Incorporation by reference.
    (A) A letter dated October 9, 1985, from Department of Environmental
Quality to EPA Region 10.
    (B) A letter dated February 13, 1986, from Department of
Environmental Quality to EPA Region 10.
    (C) OAR 340-24-301 (Boundary Designations), OAR 340-24-320 (Light
Duty Motor Vehicle Emission Control Test Criteria), and OAR 340-24-325
(Heavy Duty Motor Vehicle Emission Control Test Criteria), which were
adopted by the Environmental Quality Commission on September 27, 1985.
    (D) October 20, 1982 letter to EPA from the Department of
Environmental Quality and section 4.9.3.2 (Emission Reduction Necessary
for Attainment) of the Control Strategy for Medford-Ashland Air Quality
Maintenance Area 1982 State Implementation Plan Revision for Carbon
Monoxide as adopted by the Environmental Quality Commission on October
15, 1982.
    (E) Section 4.9.5.1 (Reasonable Further Progress) of the Control
Strategy for Medford-Ashland Air Quality Maintenance Area 1982 State
Implementation Plan Revision for Carbon Monoxide as adopted by the
Environmental Quality Commission on October 15, 1982.
    (F) Section 4.9.5.5 (Conformity of Federal Actions) of the Control
Strategy for Medford-Ashland Quality Maintenance Area 1982 State
Implementation Plan Revision for Carbon Monoxide as adopted by the
Enviromental Quality Commission on October 15, 1982.
    (G) Section 4.9.4 (Control Strategy) of the Control Strategy for
Medford-Ashland Air Quality Maintenance Area 1982 State Implementation
Plan Revision for the Carbon Monoxide as adopted by the Environmental
Quality Commission on October 15, 1982.
    (76) Revisions to the Oregon State Implementation Plan were
submitted by the Director of the Department of Environmental Quality on
August 5, 1985. Revisions are: Extension of existing emission standards
for veneer dryers (OAR 340-25-315) to include sources located in special
problem areas, and the deletion of any references to the implementation
of compliance dates which have already passed.
    (i) Incorporation by reference.
    (A) Letter of August 5, 1985, from the Department of Environmental
Quality to EPA and Amendments to OAR 340-25-315, Veneer and Plywood
Operations Rule, as adopted by the Environmental Quality Commission on
July 19, 1985.
    (77) On February 28, 1985, the Director of the Oregon Department of
Environmental Quality submitted a request to EPA to redesignate the
Medford-Ashland Air Quality Maintenance Area (AQMA) from nonattainment
to attainment for the primary O<INF>3</INF> standard and a plan to
maintain that standard.
    (i) Incorporation by reference:
    (A) Letter of February 28, 1985, from Oregon State Department of
Environmental Quality to EPA Region 10.
    (B) Oregon Administrative Rules, Chapter 340, Division 20, Section
4.8 ``Medford-Ashland Air Quality Maintenance Area Plan for Maintenance
of Ozone Standard,'' adopted by the Oregon Environmental Quality
Commission on January 25, 1985.
    (78) On May 30, 1986, the State of Oregon Department of
Environmental Quality submitted a new rule, OAR 340-20-037 ``Stack
Heights and Dispersion Techniques'' and requested the deletion of the
existing rules, OAR 340-20-340 and 345 ``Stack Heights and Dispersion
Techniques''. On October 23, 1987, the State of Oregon Department of
Environmental Quality submitted a letter indicating how this new rule
will be implemented until a definition of the terms ``emission
limitation'' and ``emission stan
    (i) Incorporation by reference.
[[Page 404]]
    (A) Letter of May 30, 1986, from the Oregon State Department of
Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, Section 037 ``Stack
Heights and Dispersion Techniques'', adopted by the Environmental
Quality Commission on April 25, 1986.
    (B) Letter of October 23, 1987, from the Oregon State Department of
Environmental Quality to EPA Region 10.
    (79) Revisions to the Oregon State Implementation Plan were
submitted by the Director of the Department of Environmental Quality of
October 15, 1986. Revisions are: OAR 340-24-330 (Light Duty Motor
Vehicle Emission Control Cutpoints or Standards) and OAR 340-24-335
(Heavy Duty Gasoline Motor Vehicle Emission Control Emission Standards).
    (i) Incorporation by reference. (A) Letter dated October 15, 1986
from the Director of the Department of Environmental Quality to EPA
Region 10.
    (B) OAR 340-24-330 (Light Duty Motor Vehicle Emission Control
Cutpoints or Standards) as adopted by the Environmental Quality
Commission on September 12, 1986.
    (C) OAR 340-24-335 (Heavy Duty Gasoline Motor Vehicle Emission
Control Emission Standards) as adopted by the Environmental Quality
Commission on September 12, 1986.
    (80) On May 23, 1986, the State of Oregon Department of
Environmental Quality submitted a new paragraph (12), of OAR 340-20-165
``Fees'', as a revision to the State Implementation Plan. This paragraph
allows regional air pollution authorities to set a permit fee schedule
for sources within their jurisdiction.
    (i) Incorporation by reference.
    (A) Letter dated May 23, 1986, from the State of Oregon Department
of Environmental Quality to EPA Region 10. Oregon Administrative Rule,
Chapter 340, Division 20, Section 340-20-165 ``Fees'', paragraph (12),
adopted by the Environmental Quality Commission on March 14, 1986.
    (81) Oregon Administrative Rules (OAR) Chapter 340, Division 20,
Sections 200 through 215 (Conflict of Interest) submitted by the
Director of the Department of Environmental Quality on May 30, 1986.
These rules apply only to the Department of Environmental Quality and
the Environmental Quality Commission, and not to the Lane Regional Air
Pollution Authority and its Board of Directors.
    (i) Incorporation by reference.
    (A) Letter dated May 20, 1986, from the State of Oregon Department
of Environmental Quality to EPA Region 10. Oregon Administrative Rules,
Chapter 340, Division 20, Sections 200, 205, 210, and 215 (Conflict of
Interest) which was adopted by the Environmental Quality Commission on
April 25, 1986.
    (82) On November 24, 1986, and supplemented on January 8, 1987, the
Director of the Department of Environmental Quality submitted the Grants
Pass carbon monoxide control strategy as a revision to the Oregon State
Implementation Plan.
    (i) Incorporation by reference.
    (A) Letter dated November 24, 1986, from the Director of the
Department of Environmental Quality to EPA Region 10.
    (B) State of Oregon Clean Air Act Implementation Plan Section 4.11
Grants Pass Carbon Monoxide Control Strategy as adopted by the
Environmental Quality Commission on October 24, 1986.
    (ii) Additional information.
    (A) Letter dated January 8, 1987, from the Director of the
Department of Environmental Quality to EPA Region X.
    (B) Technical appendices for the Grants Pass Carbon Monoxide Control
Strategy, Appendix 4.11.1 through 10.
    (83) On March 3, 1987, the Director of the Department of
Environmental Quality submitted amendments to the Oregon visibility
protection program as a revisions to the Oregon state implementation
plan, specifically OAR 340-20-047, section 5.2 ``Visibility Protection
Plan for Class I Areas,'' OAR 629-43-043 ``Smoke Management Plan,'' and
Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke
Management Program.''
    (i) Incorporation by reference.
    (A) Two letters dated March 3, 1987, from the Director of the
Department of Environmental Quality to EPA Region 10 establishing the
effective dates for
[[Page 405]]
Oregon Administrative Rules referenced in paragraphs (c)(83)(i) (B),
(C), and (D) of this section.
    (B) Oregon Administrative Rule, Chapter 340, Division 20, section
047, section 5.2 ``Visibility Protection Plan for Class I Areas'' as
adopted by the Environmental Quality Commission on October 24, 1986.
    (C) Oregon Administrative Rule, Chapter 629, Division 43, section
043 ``Smoke Management Plan'' as adopted by the Environmental Quality
Commission on December 12, 1986.
    (D) Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke
Management Program'' as adopted by the Environmental Quality Commission
on December 12, 1986.
    (84) On September 28, 1988, the Director of the Department of
Environmental Quality submitted the Lane Regional Air Pollution
Authority Section 12-025 ``Conflict of Interest,'' of Title 12, ``Duties
and Powers of Board and Director,'' adopted as Oregon Administrative
Rules, Chapter 340, Division 20, Section 047, as a revision to the State
implementation plan.
    (1) Incorporation by reference.
    (i) September 28, 1988, letter from the Director of the Department
of Environmental Quality to EPA Region 10.
    (ii) Lane Regional Air Pollution Authority Section 12-025 ``Conflict
of Interest,'' of Title 12, ``Duties and Powers of Board and Director,''
as adopted as Oregon Administrative Rules, Chapter 340, Division 20,
Section 047. This rule was adopted by the Environmental Quality
Commission on September 9, 1988.
    (85) On February 17, 1989, the State of Oregon Department of
Environmental Quality submitted amendments to the Procedures for
Issuance, Denial, Modification, and Revocation of Permits (OAR 340-14-
007, 010, 020 (and 025), Air Contaminant Discharge Permit Notice Policy
(OAR 340-20-150), and the New Source Review Procedural Requirements (OAR
340-20-230).
    (i) Incorporation by reference.
    (A) February 17, 1989, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 14
(Procedures for Issuance, Denial, Modification, and Revocation of
Permits), section -007 (Exceptions); -010 (Definitions) (3); -020
(Application for a Permit) (1), (4)(b), and (5); -025 (Issuance of a
Permit) (2), (3), (4), (5), and (6) as adopted by the Environmental
Quality Commission on June 10, 1988.
    (C) Oregon Administrative Rules, Chapter 340, Division 20 (Air
Pollution Control, Air Contaminant Discharge Permit), Section -150 (Air
Contaminant Discharge Permit Notice Policy) as adopted by the
Environmental Quality Commission on June 10, 1988.
    (D) Oregon Administrative Rules, Chapter 340, Division 20 (Air
Pollution Control, New Source Review), Section -230 (Procedural
Requirements) (3)(D) as adopted by the Environmental Quality Commission
on June 10, 1988.
    (86) Revisions to the Oregon State Implementation Plan were
submitted by the Director of the Department of Environmental Quality on
February 24, 1989. The revision is to OAR-340-24-300 through 350
(Vehicle Inspection Program Operating Rules, Test Procedures and
Licensed Exhaust Analyzer).
    (i) Incorporation by reference.
    (A) Letter dated February 24, 1989, from the Director of the
Department of Environmental Quality to EPA Region 10.
    (B) OAR 340-24-301 [Boundary Designations] (2); OAR 340-24-310
[Light Duty Motor Vehicle Emission Control Test Method] (6); OAR 340-24-
320 (Light Duty Motor Vehicle Emission Control Test Criteria) (3)(a)
introductory text, (3)(b)(4), (5), and (6)(a); OAR 340-24-325 [Heavy
Duty Gasoline Motor Vehicle Emission Control Test Criteria] (3)(a)
introductory text, (4), and (5); OAR 340-24-330 (Light Duty Motor
Vehicle Emission Control Cutpoints or Standards) (3); and OAR 340-24-350
(Gas Analytical System Licensing Criteria) (1)(a)(C), (1)(a)(E), and
(1)(c) as adopted by the Environmental Quality Commission on September
9, 1988.
    (87) On May 30, 1986, the Director of the Department of
Environmental Quality submitted revisions to Volume 2 ``The Federal
Clean Air Act Implementation Plan (and Other State Regulations)'' and on
July 11, 1986, a revised
[[Page 406]]
Section 3 ``Statewide Regulatory Provisions'' `Subsection 3.1 Oregon
Administrative Rule--Chapter 340' (OAR 340-30-015, 030, 031, 040, and
055) as revisions to the Oregon State Implementation Plan.
    (i) Incorporation by reference.
    (A) May 30, 1986, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
    (B) July 11, 1986, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
    (C) Volume 2 ``The Federal Clean Air Act Implementation Plan (and
Other State Regulations)'' Section 1 (Introduction); Section 2 (General
Administration); Section 3 (Statewide Regulatory Provisions)
Introduction; Section 4 (Control Strategies for Nonattainment Areas)
Introduction; Section 5 (Control Strategies for Attainment and
Nonattainment Areas) Introduction and Section 5.2 (Prevention of
Significant Deterioration); Section 6 (Ambient Air Quality Monitoring
Program); Section 8 (Public Involvement); and Section 9 (Plan Revisions
and Reporting), dated January 1986, as adopted by the Environmental
Quality Commission on April 25, 1986.
    (D) Volume 2 ``The Federal Clean Air Act Implementation Plan (and
Other State Regulations),'' Section 3 (Statewide Regulatory Provisions),
Subsection 3.1 Oregon Administrative Rule--Chapter 340 (OAR 340-14-005
to 050 [Procedures for Issuance, Denial, Modification, and Revocation of
Permits] dated 10-1-89, OAR 340-20-046 [Records; Maintaining and
Reporting] effective 10-1-72, OAR 340-20-047 [State of Oregon Clean Air
Act Implementation Plan] effective 9-30-85, OAR 340-30-015 [Wood Waste
Boilers] effective 10-29-80, and OAR 340-31-105 [Definitions]) effective
9-8-81.
    (E) Volume 2 ``The Federal Clean Air Act Implementation Plan (and
Other State Regulations),'' Section 3 ``(Statewide Regulatory
Provisions)'', Subsection 3.1 Oregon Administrative Rule--Chapter 340,
Division 30 (Specific Air Pollution Control Rules for the Medford-
Ashland Air Quality Maintenance Area), Section 015 (Wood Waste Boilers);
Section 030 (Wood Particle Dryers at Particleboard Plants); Section 031
(Hardboard Manufacturing Plants); Section 040 (Charcoal Processing
Plants); and Section 055 (Source Testing) as adopted by the
Environmental Quality Commission on June 13, 1986.
    (88) A revision to the Oregon State Implementation Plan was
submitted by the Director of the Oregon Department of Environmental
Quality on September 14, 1989. The revision OAR-340-22-300 (Standard for
Automotive Gasoline) is approved in full with the exception of section
300 (6). EPA only approves the sampling procedures and test methods
specified in 40 CFR part 80 and is taking no action on the other test
procedures referenced in section 300 (6) specifically the ASTM D#323
method and the California Air Resources rule methods.
    (i) Incorporation by reference. (A) Letter dated September 14, 1989,
from the Director of the Oregon Department of Environmental Quality to
EPA Region 10. (B) Oregon Administrative Rule, chapter 340, Division 22
(General Gaseous Emissions), section 300 (standard for Automotive
Gasoline) as adopted by the Environmental Quality Commission on June 2,
1989.
    (89) On January 2, 1991, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (the Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: OAR chapter
340, Division 20, Sections 350 to 380 (Excess Emissions). The Department
of Environmental Quality also repealed OAR 340-21-070 and OAR 340-21-075
from the state of Oregon's Air Quality Control Plan Volume 2.
    (i) Incorporation by reference.
    (A) January 2, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 20 (General);
-350 (Purpose and Applicability); -355 (Definitions); -360 (Planned
Startup and Shutdown); -365 (Scheduled Maintenance); -370 (Upsets and
Breakdowns);
[[Page 407]]
-375 (Reporting Requirements); and -380 (Enforcement Action Criteria) as
adopted by the Environmental Quality Commission on may 25, 1990, and
were effective on January 2, 1991.
    (90) On January 14, 1991, the State of Oregon Department of
Environmental Quality submitted amendments to the Parking Offsets in the
Portland Central business District (OAR-340-20-405 through 340-20-430)
in the State of Oregon Air Quality Control Program.
    (i) Incorporation by reference.
    (A) Letter dated January 4, 1991, from the Director of the
Department of Environmental Quality to EPA Region 10 submitting an
amendment to the Oregon Implementation Plan.
    (B) Oregon Administrative Rules Chapter 340, Division 20 (Air
Pollution) Control), section 405 through 430 (Parking Offsets in the
Portland Central Business district). These rules were adopted by the
Environmental Quality Commission on December 14, 1990.
    (91) On September 14, 1989, the State of Oregon Department of
Environmental Quality submitted an amendment to the rules for Notice of
Construction and Approval of Plans (OAR-340-20-030).
    (i) Incorporation by reference.
    (A) September 14, 1989, letter from the Director of the Department
of Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 20 (Air
Pollution Control, Notice of Construction and Approval of Plans) Section
-030 (Procedure), (4)(a) as adopted by the Environmental Quality
Commission on April 14, 1989.
    (92) On November 15, 1991, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (the Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: Division
34--Residential Woodheating in OAR Chapter 340 which contains OAR 340-
34-001 to 34-115 (Oregon Woodstove Certification--previously Division
21-100 to 21-190 of OAR Chapter 340); a new section OAR 340-34-150 to
34-175 (Woodburning Curtailment); and a new section OAR 340-34-200 to
34-215 (Woodstove Removal Contingency Program for PM<INF>10</INF>
Nonattainment Areas). Also OAR 340-23-030, 043, & 090 (Rules for Open
Burning).
    (i) Incorporation by reference.
    (A) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 34
(Residential Wood Heating), section--001 (Purpose); -005 (Definitions);
-010 (Requirements for the Sale of Woodstoves); -015 (Exemptions); -020
(Civil Penalties); -050 (Emission Performance Standards &
Certification); -055 (Efficiency Testing Criteria & Procedures); -060
(General Certification Procedures); -065 (Changes in Woodstove Design);
-070 (Labelling Requirements); -075 (Removal Label); -080 (Label
Approval); -085 (Laboratory Accreditation Requirements); -090
(Accreditation Criteria); -095 (Application for Laboratory Efficiency
Accreditation); -100 (On-Site Laboratory Inspection and Stove Testing
Proficiency Demonstration); -105 (Accreditation Application Deficiency,
Notification and Resolution); -110 (Final Department Administrative
Review and Certificate of Accreditation); -115 (Revocation and Appeals);
-150 (Applicability); -155 (Determination of Air Stagnation Conditions);
-160 (Prohibition on Woodburning During Periods of Air Stagnation); -165
(Public Information Program); -170 (Enforcement); -175 (Suspension of
Department Program); -200 (Applicability); -205 (Removal and Destruction
of Uncertified Stove Upon Sale of Home); -210 (Home Seller's
Responsibility to Verify Stove Destruction); -215 (Home Seller's
Responsibility to Disclose) as adopted by the Environmental Quality
Commission on November 8, 1991 and effective on November 13, 1991.
    (C) Oregon Administrative Rules, Chapter 340, Division 23 (Rules for
Open Burning), section -030 (Definitions); -043 (Open Burning Schedule);
and -090 (Coos, Douglas, Jackson and Josephine Counties) as adopted by
the Environmental Quality Commission on November 8, 1991 and effective
on November 13, 1991.
[[Page 408]]
    (93) On November 15, 1991, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (The Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: Division
21--General Emission Standards for Particulate Matter in Chapter 340
which contains OAR 340-21-200 to -245.
    (i) Incorporation by reference. (A) November 15, 1991, letter from
the Director of the Department of Environmental Quality to EPA Region 10
submitting amendments to the Oregon State implementation plan.
    (B) Oregon Administrative Rules, chapter 340, Division 21 (General
Emission Standards for Particulate Matter) section Industrial
Contingency Requirements for PM-10 Nonattainment Areas; -200 (Purpose);
-205 (Relation to Other Rules); -210 (Applicability); -215
(Definitions); -220 (Compliance Schedule for Existing Sources); -225
(Wood-Waste Boilers); -230 (Wood Particulate Dryers at Particleboard
Plants); -235 (Hardboard Manufacturing Plants) -240 (Air Conveying
Systems); and -245 (Fugitive Emissions) as adopted by the Environmental
Quality Commission on November 8, 1991 and effective on November 13,
1991.
    (94) On May 30, 1986, and on November 15, 1991, the Director of the
Department of Environmental Quality submitted revisions to State of
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air Act
State Implementation Plan and other State Regulations) as follows:
Division 25--Board Products Industries in OAR Chapter 340 which contains
OAR 340-25-305 to 315.
    (i) Incorporation by reference.
    (A) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 25 (Specific
Industrial Standards) section-305 (Definitions); and -315 (Veneer and
Plywood Manufacturing Operations) as adopted by the Environmental
Quality Commission on November 8, 1991 and effective on November 13,
1991.
    (C) May 30, 1986, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
    (95) On May 20, 1988, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (The Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: Chapter 340
Division 27 (Air Pollution Emergencies) section -005, -010, and -012.
    (i) Incorporation by reference. (A) May 20, 1988, letter from the
Director of the Department of Environmental Quality to EPA Region 10
submitting amendments to the Oregon state implementation plan.
    (B) Oregon Administrative Rules, chapter 340, Division 27 (Air
Pollution Emergencies) section -005 (Introduction); -010 (Episode Stage
Criteria for Air Pollution Emergencies) and -012 (Special Conditions) as
adopted by the Environmental Quality Commission on April 29, 1988, and
effective on May 19, 1988.
    (96) On May 30, 1986, December 5, 1986, May 8, 1987, March 3, 1989,
March 12, 1990, June 8, 1990, and November 15, 1991, the Director of the
Department of Environmental Quality submitted revisions to the State of
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air State
Implementation Plan and Other State Regulations). The revisions updated
the Lane Regional Air Pollution Authority rules by adding new Titles 12,
14, 34, 38, and 47; revising existing Titles 11, 12, 15 (previously
Title 13), 32, 33, 50 (previously Title 31), and 51; rescinding existing
Titles 21, 22, and 36; and removing existing Titles 20, 42, 44, and 45
from the EPA-approved state implementation plan.
    (i) Incorporation by reference.
    (A) May 30, 1986, letter from the Director of the Oregon Department
of Environmental Quality (ODEQ) to EPA Region 10 submitting amendments
to the Oregon state implementation plan. Revisions were to: Title 11
(Policy and General Provisions), Title 12 (General Duties and Powers of
Board and Director), Title 14 (Definitions), Title 32 (Emission
Standards) and Title 33 (Prohibited Practices and Control of Special
Classes), Title 34 (Air Contaminant
[[Page 409]]
Discharge Permits), Title 38 (New Source Review), and Title 47 (Rules
for Open Outdoor Burning) as adopted by the Environmental Quality
Commission on April 25, 1986, and state effective on May 8, 1986.
    (B) December 5, 1986, letter from the Director of ODEQ to EPA Region
10 submitting amendments to the Oregon state implementation plan.
Revisions were to: Title 14 (Definitions) and Title 38 (New Source
Review) as adopted by the Environmental Quality Commission on October
24, 1986, and state effective on October 24, 1986.
    (C) May 8, 1987, letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon state implementation plan. Revisions
were to: Title 34 (Air Contaminant Discharge Permits) as adopted by the
Environmental Quality Commission on April 17, 1987, and state effective
on April 22, 1987.
    (D) March 3, 1989, letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon state implementation plan. Revisions
were to: Title 34 (Air Contaminant Discharge Permits), as adopted by the
Environmental Quality Commission on November 4, 1988, and state
effective on December 20, 1988.
    (E) March 3, 1989, letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon state implementation plan. Revisions
were to: Title 14 (Definitions), Title 31 which was revised and
repromulgated as Title 50 (Ambient Air Standards), Title 38 (New Source
Review), and Title 51 (Air Pollution Emergencies), as adopted by the
Environmental Quality Commission on November 4, 1988, and state
effective on December 20, 1988.
    (F) March 12, 1990, letter from ODEQ to EPA Region 10 submitting
amendments to the Oregon state implementation plan. Revisions were to:
Title 34 (Air Contaminant Discharge Permits) as adopted by the
Environmental Quality Commission on March 2, 1990, and state effective
on February 14, 1991.
    (G) June 8, 1990, letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon state implementation plan. Revisions
were to: Title 13 (Enforcement Procedures) which was revised and
repromulgated as Title 15 (Enforcement Procedures and Civil Penalties)
as adopted by the Environmental Quality Commission on May 25, 1990, and
state effective on February 14, 1991.
    (H) November 15, 1991, letter from the Director of ODEQ to EPA
Region 10 submitting amendment to the Oregon state implementation plan.
Revisions were a new Title 12 (Definitions), and changes to Title 34
(Air Contaminant Discharge Permits) and Title 38 (New Source Review) as
adopted by the Environmental Quality Commission on November 8, 1991, and
state effective on November 13, 1991.
    (I) August 26, 1993, supplemental information letter from ODEQ to
EPA Region 10 assuring EPA that draft and proposed regulations submitted
from Lane Regional Air Pollution Authority (LRAPA) as final versions of
the rules were in fact made final with no change.
    (97) On October 13, 1989, and November 15, 1991, the Director of the
Department of Environmental Quality submitted revisions to OAR chapter
340 Division 30 (Specific Air Pollution Control Rules for Areas With
Unique Air Quality Control Needs) as revisions to the State of Oregon's
Air Quality Control Plan Volume 2 (The Federal Clean Air State
Implementation Plan and Other State Regulations).
    (i) Incorporation by reference.
    (A) October 13, 1989, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
    (B) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
    (C) Oregon Administrative Rule 340 Division 30 (Specific Air
Pollution Control Rules for Medford-Ashland Air Quality Maintenance Area
and the Grants Pass Urban Growth Area) -010 (Definitions); -015 (Wood
Waste Boilers) (except for (3)(c)); -025 (Air Conveying Systems); -040
(Charcoal Producing Plants); -043 (Control of Fugitive Emissions
(Medford-Ashland AQMA Only); -044 (Requirement for Operating and
Maintenance Plans (Medford-Ashland
[[Page 410]]
AQMA Only); -045 (Compliance Schedules); -046 (Emission Limits
Compliance Schedules); -050 (Continuous Monitoring); -055 (Source
Testing; -065 (New Source); -067 (Rebuilt Sources); as adopted by the
Environmental Quality Commission on September 7, 1989, and effective on
September 7, 1989.
    (D) Oregon Administrative Rule 340 Division 30 (Specific Air
Pollution Control Rules for Areas with Unique Air Quality Control Needs)
section -005 (Purpose and Application; -010 (Definitions); -012
(Application); -015 (Wood Waste Boilers) (except for (3)(c)); -021
(Veneer Dryer Emission Limitations); -030 (Wood Particle Dryers At
Particleboard Plants); -043 (Control of Fugitive Emissions (Medford-
Ashland AQMA Only); -044 (Requirements for Operating and Maintenance
Plans (Medford-Ashland AQMA Only); -046 (Emission Limits Compliance
Schedules); -050 (Continuous Monitoring); -055 (Source Testing); -065
(New Sources); -067 (Rebuilt Sources); -115 (Dual Fuel Feasibility Study
for Wood-Waste Boilers); -200 (Application), -205 (Compliance Schedule
for Existing Sources), -210 (Woodwaste Boilers); -215 (Wood Particle
Dryers At Particleboard Plants); -220 (Hardboard Manufacturing Plants);
-225 (Air Conveying System), and -230 (Fugitive Emissions) as adopted by
the Environmental Quality Commission on November 8, 1991, and effective
on November 13, 1991.
    (98) On October 14, 1992, the Director of the Department of
Environmental Quality submitted revisions to Oregon's Sampling Manual
(Volumes I and II) and the inclusion of a new Continuous Emission
Monitoring Manual as revision to the State of Oregon's Air Quality
Control Plan Volume 2 (The Federal Clean Air State Implementation Plan
and Other State Regulations).
    (i) Incorporation by reference.
    (A) October 14, 1992, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
    (B) Oregon's Sampling Manual (Volumes I and II) as adopted by the
Oregon Environmental Quality Commission on January 23, 1992, and
effective on January 23, 1992.
    (C) Continuous Emission Monitoring Manual as adopted by the Oregon
Environmental Quality Commission on January 23, 1992, and effective on
February 4, 1992.
    (99) On November 21, 1990, the Director of the Department of
Environmental Quality (ODEQ) submitted a State Implementation Plan for
Particulate Matter, Grants Pass, Oregon, Moderate Nonattainment Area, A
Plan for Attaining and Maintaining the National Ambient Air Quality
Standards for PM<INF>10</INF>. On November 15, 1991, the Director of
ODEQ submitted an Addendum to the November 21, 1990 submittal.
    (i) Incorporation by reference.
    (A) November 21, 1990, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting revisions to the
Oregon state implementation plan.
    (B) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting revisions to the
Oregon state implementation plan.
    (C) State Implementation Plan for Particulate Matter, Grants Pass,
Oregon Nonattainment Area, A Plan for Attaining and Maintaining the
National Ambient Air Quality Standards for PM<INF>10</INF> dated
November 1990, adopted by the Environmental Quality Commission on
November 2, 1990 and effective on November 2, 1990.
    (D) PM<INF>10</INF> Control Strategy for Particulate Matter
(Addendum) Grants Pass, Oregon Nonattainment Area, A Plan for Attaining
and Maintaining the National Ambient Air Quality Standards for
PM<INF>10</INF> dated October 1991, adopted by the Environmental Quality
Commission on November 8, 1991, and effective on November 13, 1991.
    (100) On May 15, 1991, the Director of the Department of
Environmental Quality submitted revisions to the State of Oregon
Implementation plans for volatile organic compound emissions (OAR 340-
22-100 through 340-22-220, General Emission Standards for Volatile
Organic Compounds), to bring about attainment of the National ambient
air quality standards in ozone nonattainment areas.
[[Page 411]]
    (i) Incorporation by reference.
    (A) May 15, 1991, letter from Oregon Department of Environmental
Quality to EPA Region 10 submitting the VOC nonattainment area state
implementation plan for Oregon.
    (B) OAR 340-22-100 through 340-22-220, General Emission Standards
for Volatile Organic Compounds, as adopted on May 14, 1991, and became
effective on May 16, 1991.
    (101) On July 28, 1989, the state of Oregon, through the Oregon
Department of Environmental Quality, submitted a maintenance plan and a
request to redesignate Eugene-Springfield to attainment for carbon
monoxide (CO).
    (i) Incorporation by reference.
    (A) July 28, 1989, letter from Oregon Department of Environmental
Quality to EPA Region 10 submitting a maintenance plan and a
redesignation request for the Eugene-Springfield CO Air Quality
Maintenance Area (AQMA). This plan was submitted as an amendment to the
State of Oregon Implementation Plan and adopted by the Oregon Department
of Environmental Quality Commission on December 9, 1988.
    (B) Attainment Demonstration and Maintenance Plan for the Eugene-
Springfield AQMA for CO.
    (C) Letter from Lane Regional Air Pollution Authority and Lane
Council of Governments, dated February 27, 1992, to EPA Region 10,
committing to submit a contingency plan if a violation of the CO NAAQS
occurs.
    (102) On November 16, 1992, and on November 15, 1993, the Director
of the Department of Environmental Quality submitted Emission Statement
Rules as amendments to the State of Oregon Implementation Plan. The
November 15, 1993, Emission Statement Rules revision to OAR chapter 340,
Division 28, State of Oregon Implementation Plan, superseded the
November 16, 1992 submittal.
    (i) Incorporation by reference.
    (A) November 16, 1992, letter from Oregon Department of
Environmental Quality to EPA Region 10 submitting the emission statement
SIP revision. This revision was submitted as an amendment to the State
of Oregon Implementation Plan and adopted by the Environmental Quality
Commission on November 10, 1992.
    (B) Emission Statement Rules submitted as an amendment to the State
of Oregon Implementation Plan, effective November 12, 1992.
    (C) November 15, 1993, letter from Oregon Department of
Environmental Quality to EPA Region 10 submitting a revision to the
Emission Statement Rules. This revision was submitted as an amendment to
the State of Oregon Implementation Plan and adopted by the Environmental
Quality Commission on September 10 and October 29, 1993.
    (D) Emission Statement Rules submitted as an amendment to the State
of Oregon Implementation Plan, revising the air quality regulations in
OAR, Chapter 340, Division 28, effective September 24, 1993.
    (E) December 20, 1993, Completeness Determination letter to Oregon
Department of Environmental Quality from EPA Region 10, advising that
the November 15, 1993, Emission Statement Rules submittal is a
technically and administratively complete SIP revision.
    (103) On May 14, 1993, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a committal state implementation
plan (SIP) for a basic inspection and maintenance (I/M) program for
Portland and Medford-Ashland CO nonattainment areas. On November 15,
1993, ODEQ submitted the basic I/M program.
    (i) Incorporation by reference.
    (A) May 14, 1993, letter from the Director of ODEQ to EPA Region 10
submitting a committal SIP for the I/M program.
    (B) November 15, 1993, letter from the Director of ODEQ to EPA
Region 10 submitting the I/M program for moderate CO nonattainment
areas.
    (C) OAR 340-24-309 through 350, ``Motor Vehicles,'' adopted on
October 29, 1993, and effective on November 4, 1993.
    (104) On November 16, 1992, the Oregon State Department of
Environmental Quality submitted the formal SIP revision to Oregon's
Administrative Rules (OAR) 340-20-136 and 340-22-440 through 340-22-640,
adopted as part of the state of Oregon Clean Air Act Implementation Plan
through OAR 340-20-047. This revision establishes and
[[Page 412]]
requires the implementation of an oxygenated gasoline program in the
Clackamas, Jackson, Multnomah, Washington and Yamhill counties, and an
eleven by twelve mile area surrounding Klamath Falls and a nine mile by
nine mile area surrounding Grants Pass.
    (i) Incorporation by reference.
    (A) The November 16, 1992, letter from the Director of the Oregon
State Department of Environmental Quality to EPA Region 10 submitting
revisions to the Oregon SIP.
    (B) Revisions to the Oregon SIP: Rules on Oxygenated Fuels, OAR 340-
20-136 and 340-22-440 through 340-22-640, adopted as part of the State
of Oregon Clean Air Act Implementation Plan through OAR 340-20-047,
effective November 1, 1992.
    (105) On November 15, 1993, the Director of ODEQ submitted Oregon's
contingency measure plan as a revision to Oregon's SIP for carbon
monoxide (CO) for Grants Pass, Medford, Portland, and Klamath Falls,
Oregon.
    (i) Incorporation by reference.
    (A) November 15, 1993, letter from the Director of ODEQ to EPA
Region 10 submitting amendments to the Oregon SIP.
    (B) Oregon Administrative Rules, Chapter 340-22-440 through 340-22-
650, Vol. 2, Sections 4.2, 4.9, 4.ll, Carbon Monoxide Control
Strategies, effective November 4, 1993.
    (106) On February 4, 1994, the Oregon Department of Environmental
Quality (ODEQ) submitted the formal SIP revision to Oregon's
Administrative Rules (OAR) 340-34-005 through 340-34-115 (Residential
Woodheating and Woodstove Certification Program). This revision includes
the repeal of OAR 340-34-55, OAR 340-34-65 as well as OAR 340-34-075
through 340-34-115.
    (i) Incorporation by reference.
    (A) February 4, 1994, letter from the Director of ODEQ to EPA Region
10 submitting a revision to the Woodstove Certification and Efficiency
Testing Program.
    (B) OAR 340-34-005 through 115, Residential Woodheating and
Woodstove Certification Program, adopted on December 10, 1993, and
effective on January 3, 1994.
    (107) On November 15, 1991, the ODEQ submitted a PM-10 nonattainment
area SIP for La Grande, Oregon.
    (i) Incorporation by reference.
    (A) November 15, 1991 letter from ODEQ to EPA Region 10 submitting
the PM-10 nonattainment area SIP for La Grande, Oregon.
    (B) PM-10 Control Strategy for Particulate Matter, October 1991, La
Grande, Oregon Nonattainment Area, as adopted by the Environmental
Quality Commission on November 8, 1991.
    (108) On November 15, 1991 the Director of ODEQ submitted amendments
to Oregon's SIP to include a PM-10 control strategy for Eugene-
Springfield and LRAPA title 39.
    (i) Incorporation by reference.
    (A) November 15, 1991 letter from the Director of ODEQ to EPA Region
10 submitting amendments to the Oregon SIP.
    (B) The PM-10 control strategy for Eugene-Springfield, adopted by
the OEQC on January 31, 1991, and LRAPA title 39 (Contingency for PM-10
sources in the Eugene-Springfield nonattainment area), adopted by the
OEQC on November 8, 1991.
    (C) April 13, 1994 letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon SIP.
    (D) Amendments to Lane Regional Air Pollution Authority Rules as a
revision to the Oregon SIP (title 16), adopted by the OEQC on March 11,
1994.
    (109) On October 27, 1993, the Director of ODEQ submitted OAR 340-
24-307, Motor Vehicle Inspection Program Fee Schedule, as an amendment
to the Oregon SIP. On November 15, 1993, the Director of ODEQ submitted
Section 3.1, OAR 340-24-309 through 340-24-350 and section 5.4, Motor
Vehicle Inspection and Maintenance Plan, as amendments to the Oregon
SIP. On June 14, 1994 EPA's Regional Administrator, Chuck Clarke,
received Section 3.1, OAR 340-24-309 through 340-24-355 and section 5.4,
Motor Vehicle Inspection and Maintenance Plan, from the Director of ODEQ
as amendments to the Oregon SIP.
    (i) Incorporation by reference.
[[Page 413]]
    (A) October 27, 1993 letter from the Director of ODEQ to the
Regional Administration of EPA submitting a revision to the Oregon SIP,
Motor Vehicle Inspection Program Fee Schedule.
    (B) November 15, 1993 letter from the Director of ODEQ to the
Regional Administrator of EPA submitting revisions to the Oregon SIP,
Vehicle Inspection and Maintenance Program.
    (C) June 13, 1994 letter from the Director of ODEQ to the Regional
Administrator of EPA submitting revisions to the Oregon SIP, Vehicle
Inspection and Maintenance Program.
    (D) Oregon's Motor Vehicle Inspection Program Fee Schedule, OAR 340-
24-307, adopted by the Environmental Quality Commission on January 29,
1993.
    (E) Oregon's Vehicle Inspection and Maintenance Program, OAR 340-24-
309, 310, 315, 320, 330, 335, 340, 350, and Volume 2 Section 5.4, Motor
Vehicle Inspection and Maintenance Plan, adopted by the Environmental
Quality Commission on October 29, 1993.
    (F) Oregon's Vehicle Inspection and Maintenance Program, Section
3.1, OAR 340-24-300 through 340-24-355, and Section 5.4, adopted by the
Environmental Quality Commission on June 3, 1994.
    (110) On May 28, 1993, the Director of ODEQ submitted two separate
sets of revisions to its air quality regulations, OAR, Chapter 340,
Division 25. One submittal was housekeeping amendments affecting all of
Division 25; the second submittal was specifically Kraft Pulp Mill rules
(OAR 340-25-150 through -205) and Neutral Sulfite Semi-Chemical Pulp
Mill regulations (OAR 340-25-220 through -234). On November 15, 1993,
the Director of ODEQ submitted a revision to OAR, Chapter 340, Division
25. On April 13, 1994, the Director of ODEQ submitted revisions to the
Oregon SIP for LRAPA's Title 47, Outdoor Open Burning.
    (i) Incorporation by reference.
    (A) EPA received on May 28, 1993, two letters from the Director,
ODEQ, to the Regional Administrator, EPA, submitting housekeeping
amendments to Division 25: Housekeeping amendments to Division 25 (OAR
340-25-005 through 025 and OAR 340-25-105 through 340-25-430), effective
March 10, 1993; and revisions to the Oregon SIP for Kraft Pulp Mill
Amendments and Neutral Sulfite Semi-Chemical Pulp Mill Regulations:
Kraft Pulp Mill Rules (OAR 340-25-150 through 205) and the Neutral
Sulfite Semi-Chemical Pulp Mill Pulp Mills (OAR 340-25-220 through 234),
excluding all references to total reduced sulfur, effective January 24,
1990.
    (B) November 15, 1993, letter from the Director, ODEQ, to the
Regional Administrator, EPA, submitting revisions to the Oregon SIP for
OAR, Chapter 340, Division 25: Amendments to OAR Chapter 340, Division
25 (OAR 340-25-160, 340-25-222, 340-25-275, 230-25-310, 340-25-420),
effective November 4, 1993.
    (C) April 13, 1994, letter from the Director, ODEQ, to the Regional
Administrator, EPA, submitting revisions to LRAPA, Title 47: Title 47,
Lane Regional Air Pollution Authority, August 11, 1992, Outdoor Open
Burning, effective January 1, 1993.
    (111) The EPA approves a revision to the State of Oregon's Air
Quality Control Plan Volume 2 (The Federal Clean Air Act State
Implementation Plan and other State Regulations), specifically a
revision to Section 2.2--Legal Authority and a revision to Chapters 468
and 468A of the Oregon Revised Statutes (ORS).
    (i) Incorporation by reference.
    (A) On July 29, 1992 and August 30, 1994, ODEQ submitted to EPA a
revision to Oregon Revised Statutes (ORS), Chapter 468 (1993 Edition),
and Chapter 468A (1993 Edition), both of which were amended and adopted
through August 1993 and in effect on November 4, 1993; and a revised
Section 2.2--Legal Authority, including subsections 2.2.1 through 2.2.9,
dated and revised July 29, 1992, the date of the official attached
transmittal letter.
    (112) On November 16, 1992, the Director for the Oregon Department
of Environmental Quality (ODEQ) submitted the Oregon State Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program and on May 16, 1995, the Administrator for ODEQ
submitted the Small Business Assistance Program Confidentiality Option
as revisions to the Oregon State Implementation Plan.
    (i) Incorporation by reference.
[[Page 414]]
    (A) The November 16, 1992 letter from the Director of the Oregon
Department of Environmental Quality submitting the Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program to EPA; The Oregon Air Quality Small Business Assistance Program
State Implementation Plan Revision adopted on October 16, 1992, and
evidence that the State has the necessary legal authority, Oregon
Revised Statutes 468A.330 (Small Business Stationary Source Technical
and Environmental Compliance Assistance Program).
    (B) The May 16, 1995 letter from the Administrator of the Oregon
Department of Environmental Quality, Air Quality Division, submitting
the Small Business Assistance Program confidentiality option to EPA; The
Air Quality Guidance, Restriction of Information Obtained by the AQ
Small Business Assistance Program adopted on May 16, 1995.
    (113) On April 14, 1995, the Oregon Department of Environmental
Quality submitted a revision to its SIP for the State of Oregon to
include the Transportation Conformity: OAR 340-20-710 through 340-20-
1080.
    (i) Incorporation by reference.
    (A) April 14, 1995 letter from ODEQ director Lydia Taylor to EPA
Regional Administrator Chuck Clarke submitting a revision to the Oregon
SIP to include the Transportation Conformity: OAR 340-20-710 through
340-20-1080; Division 20, Air Pollution Control, Criteria and Procedures
for Determining Conformity to State or Federal Implementation Plans of
Transportation Plans, Programs, and Projects Funded or Approved Under
Title 23 U.S.C. or the Federal Transit Act, effective March 29, 1995.
    (114) On November 20, 1995, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a Reasonably Available Control
Technology Standards (RACT) determination for VOC emissions from the
Intel Corporation facility in Portland, Oregon.
    (i) Incorporation by reference.
    (A) The letter dated November 20, 1995, from the Director of ODEQ
submitting a SIP revision for a RACT determination contained in Intel's
Oregon Title V Operating Permit for VOC emissions, consisting of permit
#34-2681 expiration date 10-31-99, page 11 of 32 pages, effective date
September 24, 1993 (State-effective date of the Oregon Title V Program).
    (115) A minor revision consisting of clarification of existing air
quality control regions and nonattainment and maintenance areas of
Oregon (the revision did not change any existing boundaries) was
submitted to EPA from ODEQ for inclusion into the Oregon SIP.
    (i) Incorporation by reference.
    (A) Letter dated September 20, 1995 from the Director of the ODEQ to
the EPA Regional Administrator submitting a revision to better define
Oregon's existing air quality boundaries found in State regulations OAR
340-23-065 through 340-23-075 (Rules for Open Burning), OAR 340-31-120
(Air Pollution Control Standards for Air Purity and Quality), and OAR
340-31-500 through 340-31-530 (The Air Quality Control Regions and
Nonattainment and Maintenance Areas of Oregon), effective May 25, 1995.
    (116) On May 27, 1993, September 27, 1995, and October 8, 1996, the
Director of ODEQ submitted to the Regional Administrator of EPA
revisions to its Oregon SIP: the Oregon Administrative Rules (OAR),
Housekeeping Amendments (Chapter 340, Divisions 21 through 24, 26, 27,
30, and 34); OAR, Division 22, General Gaseous Emissions (340-22-100, -
130, and -137); and OAR, Divisions 20, 21, 22, 25, 27 and 30).
    (i) Incorporation by reference.
    (A) May 27, 1993, letter from ODEQ to EPA submitting a revision to
the Oregon Administrative Rules: Housekeeping Amendments, Oregon
Administrative Rules, Chapter 340, Divisions 21 through 24, 26, 27, 30,
and 34, State-effective on March 10, 1993.
    (B) September 27, 1995, letter from ODEQ to EPA submitting a
revision to the Oregon Administrative Rules: Permits and Fees for Stage
I Vapor Recovery Program, Division 22, General Gaseous Emissions,
Sections 100, 130, and 137, State-effective on November 2, 1994.
    (C) October 8, 1996, letter from ODEQ to EPA submitting a revision
to the Oregon Administrative Rules: OAR 340-
[[Page 415]]
020-0047 (State-effective on September 24, 1996); OAR 340-21-0005, -
0015, -0020, -0025, -0030, -0035, -0045, -0050, and -0235 (State-
effective on January 29, 1996); OAR 340-022-0102 (State-effective on
March 29, 1996), and -0130 (State-effective on December 6, 1995); OAR
340-025-0260 and -0265 (State-effective on December 6, 1995), -0280
(State-effective on December 6, 1995), -0320 and -0325 (State-effective
on January 29, 1996); OAR -027-0005 (State-effective on September 24,
1996); OAR 030-0007, -0010 and -0031 (State-effective on January 29,
1996).
    (117) On November 20, 1996, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted source-specific Reasonably
Available Control Technology (RACT) determinations to EPA as SIP
revisions for VOC emissions standards.
    (i) Incorporation by reference.
    (A) Two letters dated November 20, 1995, from Director of the Oregon
Department of Environmental Quality (ODEQ) submitting SIP revisions for
RACT determinations for VOC emissions for: Cascade General, Inc., a ship
repair yard in Portland, Oregon, Permit No. 26-3224 (issued to the Port
of Portland), dated October 4, 1995; and, White Consolidated, Inc.
(doing business as Schrock Cabinet Co.), a wood cabinet manufacturing
facility in Hillsboro, Oregon, Permit No. 34-2060, dated August 1, 1995.
    (118) On October 13, 1989, the Director of the Oregon Department of
Environmental Quality submitted an amendment to OAR Chapter 340,
Division 30. On May 28, 1993, the Director of the Oregon Department of
Environmental Quality submitted amendments to OAR Chapter 340, Division
14, and Division 31. On November 15, 1993, the Director of the Oregon
Department of Environmental Quality submitted amendments to OAR Chapter
340, Division 14, Division 20, and Division 31, and a new Division 28.
On November 14, 1994, June 1, 1995, October 8, 1996, and January 22,
1997, the Director of the Oregon Department of Environmental Quality
submitted amendments to OAR Chapter 340, Division 28. On September 27,
1995, the Director of the Oregon Department of Environmental Quality
submitted amendments to OAR Chapter 340, Division 31.
    (i) Incorporation by reference.
    (A) OAR 340-14-005, -010, -015, -020, -025, -030, -035, -040, -045,
and -050, effective March 10, 1993; and OAR 340-14-007, effective
September 24, 1993.
    (B) OAR 340-28-500, -510, -520, -810, -1030, -1040, -1120, -1130, -
1400, -1450, -1520, -1600, -1700, -1710, and -1920, effective September
24, 1993; OAR 340-28-100, -200, -300, -700, -800, -820, -900, -1000, -
1020, -1100, -1110, -1140, -1420, -1440, -1500, -1510, -1730, -1740, -
1750, -1760, -1770, -1900, -1940, -1950, -1960, -1970, -1980, -1990, and
-2000, effective November 4, 1993; OAR 340-28-600, -610, -620, and -640,
effective January 1, 1994; OAR 340-28-1910 and -2270, effective October
29, 1994; OAR 340-28-1930, effective May 1, 1995; OAR 340-28-1060,
effective January 29, 1996; OAR 340-28-1410 and -1430, effective
September 24, 1996; and OAR 340-28-110, -400, -630, -1010 and -1720,
effective October 22, 1996.
    (C) OAR 340-30-111, effective September 26, 1989.
    (D) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030,
340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130,
effective March 10, 1993; and OAR 340-31-005, OAR 340-31-110, and 340-
31-120, effective July 12, 1995.
    (119) November 15, 1991, and September 20, 1995, letters from the
Director, Oregon Department of Environmental Quality, to the Region 10
Regional Administrator, EPA, submitting the PM-10 Klamath Falls, Oregon,
PM-10 Control Plan and amendments as revisions to its SIP.
    (i) Incorporation by reference.
    (A) State Implementation Plan for PM-10 in Klamath Falls, dated
October 1991 and revised August 1995; and Appendix 4: Ordinances and
Commitments, Ordinance No. 6630 (adopted September 16, 1991), and
Ordinance No. 63 (adopted July 31, 1991)--Chapters 170 and 406.
    (120) The Oregon Department of Environmental Quality (ODEQ) and the
Washington Department of Ecology (WDOE) submitted Maintenance Plans that
demonstrate continued attainment of the NAAQS for O<INF>3</INF> and
requested redesignation of the Pdx/Van interstate nonattainment area
from nonattainment to attainment for O<INF>3</INF>.
[[Page 416]]
The SIP revision requests were submitted by the WDOE on June 13, 1996,
and by ODEQ on August 30, 1996. A number of other O<INF>3</INF>
supporting revisions were included in this submittal, such as: the 1990
O<INF>3</INF> Emission Inventories; changes to the NSR programs;
regulations implementing the hybrid low enhanced I/M programs; an
expanded vehicle inspection boundary; minor RACT rule changes (Vancouver
only); Employee Commute Options rule (Portland only); Voluntary Parking
Ratio rule (Portland only); PSEL management rules (Portland only); and
local area source supporting rules.
    (i) Incorporation by reference.
    (A) Ozone Maintenance Plan and Redesignation Request for the
Portland/Vancouver AQMA (Oregon Portion) effective August 14, 1996.
    (B) Oregon Inspection and Maintenance SIP revision to Section 5.4;
OAR 340-024-0100, -0300, -0305, -0306, -0307, -0308, -0309, -0312 (with
the exception of all language in (4) (a) referring to a ``sixth hill
extrapolation''), -0314 , -0318, -0320, -0325, -0330, -0332, -0335, -
0337, -0340, -0355, -0357, and -0360, State effective on November 26,
1996.
    (C) New Source Review: OAR 340-020-0047; OAR 340-028-0110, 1900
through 1940, 1960, 1970, and 2000; OAR 340-030-0111, State effective on
November 26, 1996.
    (D) Supporting Regulations approved as part of the Ozone non-
attainment redesignation package: OAR 340-022-0400, -0401, -0402, -0403,
-0700, -0710, -0720, -0730, -0740, -0750, -0760, -0800, -0810, -0820, -
0830, -0840, -0850, -0860, -0900, -0910, -0920, -0930, -0940, -0950, -
1000, -1010, -1020, -1030, -1040, -1050, -1100, -1110, -1120, -1130,
State effective on 8/14/96; OAR 340-024-0301, State effective on 8/12/
96; OAR 340-030-0700, -0710, -0720, -0730, -0740, -0800, -0810, -0820, -
0830, -0840, -0850, -0860, -0870, -0880, -0890, -0900, -0910, -0920, -
0930, -0940, -0950, -0960, -0970, -0980, -0990, -1000, -1010, -1020, -
1030, -1040, -1050, -1060, -1070, -1080, -1100, -1110, -1120, -1130, -
1140, -1150, -1160, -1170, -1180, -1190, State effective on 8/14/96; and
OAR 340-031-0500, -0520, -0530, State effective on 8/19/96.
    (121) On April 7, 1997, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a Reasonably Available Control
Technology (RACT) determination for VOC emissions from PCC Structurals,
Inc., Large Parts Campus, at 4600 SE Harney Drive, Portland, Oregon.
    (i) Incorporation by reference.
    (A) The letter dated April 7, 1997, from the Director of ODEQ
submitting a SIP revision for a RACT determination contained in PCC
Structurals, Inc.'s Oregon Title V Operating Permit for VOC emissions,
consisting of permit #26-1867, expiration date 4-1-2000, effective date
April 4, 1997. Only conditions 19, 20, and 21 in PCC Structurals'
Addendum No. 2 to permit #26-1867 are incorporated into the SIP.
    (122) On August 30, 1996, the Director of the Oregon Department of
Environmental Quality submitted to the Regional Administrator of EPA a
revision to the Carbon Monoxide State Implementation Plan for the
Portland area containing a Maintenance Plan that demonstrated continued
attainment of the NAAQS for carbon monoxide through the year 2007.
    (i) Incorporation by reference.
    (A) Letter dated August 30, 1996, from Oregon to EPA requesting the
redesignation of the Portland carbon monoxide nonattainment area to
attainment and submitting the Maintenance Plan; Revision to the State
Implementation Plan: Carbon Monoxide Maintenance Plan and Redesignation
Request for the Portland Metro Area, adopted July 12, 1996.
    (B) Letter dated April 17, 1997, from Oregon to EPA submitting
replacement pages to the Maintenance Plan and appendices.
    (ii) Additional material.
    (A) Appendices to the Maintenance Plan and Redesignation Request for
Portland (Metro) Area--State Implementation Plan Revision for Carbon
Monoxide, dated July 12, 1996: Appendix D2-1 (Volume 3), CO Air
Monitoring Network; Appendix D2-2 (Volume 3), Meteorological Analysis;
Appendix D2-3 (Volume 3), Review of Bag Study Results Which Demonstrates
The DEQ Network of Sites Records Higher CO Concentrations Than Screened
Intersections; Appendix D2-4 (Volume 3), Emission Inventory and Forecast
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-1 (Volume 3),
Base Year
[[Page 417]]
(1990) Emission Inventory Portland (Metro) Area (Carbon Monoxide);
Appendix D2-4-2 (Volume 3), Attainment Year (1991) Emission Inventory
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-3 (Volume 3),
Regional Emission Forecast Portland (Metro) Area; Appendix D2-4-4
(Volume 3), Subregional Emission Inventories and Forecast Portland
(Metro) Area (Carbon Monoxide); Appendix D2-4-5 (Volume 3), Metro Model
Assumptions, Link-Based Emissions Calculation Methodology, and Travel
Demand Forecasting Model Summary; Appendix D2-5 (Volume 3), Conformity
Process; Appendix D2-6 (Volume 3), Historical and Projected Population
and Households; Appendix D2-7 (Volume 3), Metro Council Resolution
Concerning Portland CO Maintenance Plan, Emission Budgets, and
Contingency Plan; Appendix D2-8 (Volume 3), CCTMP Zoning Codes
Incorporated Into the Portland Carbon Monoxide Maintenance Plan;
Appendix D2-9 (Volume 3), Motor Vehicle Inspection Program Changes;
Appendix D2-10 (Volume 3), Land-Use Measures and TCM Substitution;
Appendix D2-11 (Volume 3), New Source Review Program Changes; Appendix
D2-12 (Volume 3), Rollforward Analysis; Appendix D2-13 (Volume 3), CCTMP
Zoning Codes Used as Supporting Documentation in the Portland Carbon
Monoxide Maintenance Plan; Appendix D2-14 (Volume 3), Miscellaneous
Oregon Administrative Rule Amendments--Supporting Rules, OAR Chapter
340, Section 340-020-0047 (State of Oregon Clean Air Act Implementation
Plan); and Sections 340-031-0520 and 340-031-0530 (Maintenance Area
Designation).
    (123) On May 22, 1997, ODEQ submitted changes to the definition of
Volatile Organic Compounds (VOC) in the Oregon Administrative Rules
(OAR) consistent with changes made in the federal definition and
delisted certain compounds no longer considered VOCs under the new
definition. On November 13, 1997, ODEQ submitted changes in the OAR that
increased Air Contaminant Discharge Permit Fees for stationary sources
to recover costs of operating the state permit program.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules 340-022-0102(73) and 340-028-
0110(129), effective May 9, 1997; Oregon Administrative Rule 340-028-
1750, effective August 27, 1997.
    (124) On October 30, 1997 the director of the Oregon Department of
Environmental Quality (ODEQ) submitted a source specific Reasonable
Available Control Technology (RACT) determination as a SIP revision for
VOC emissions and standards.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1997 from the Director of ODEQ
submitting a SIP revision for Dura Industries, Inc., an architectural
surface coating operation in Portland, Oregon--permit 26-3112 dated
September 14, 1995.
    (125) On June 1, 1995 and January 22, 1997, the Director of ODEQ
submitted to the Regional Administrator of EPA new sections to Division
30 and revisions to Divisions 20, 21, 22, 25, and 30.
    (i) Incorporation by reference.
    (A) OAR-340-020-0047; OAR-340-022-0170; OAR-340-022-0840; OAR-340-
022-0930; OAR-340-022-0055; OAR-340-028-0110; OAR-340-028-0400; OAR-340-
028-0630; OAR-340-028-1010; OAR-340-028-1720; OAR-340-030-0015; OAR-340-
030-0044; OAR-340-030-0050; OAR-340-030-0055; OAR-340-030-0320; OAR-340-
030-0330: These rules were all state adopted on October 11, 1996.
    (126) On August 31, 1995, and October 8, 1996, the Director of ODEQ
submitted to the Regional Administrator of EPA revisions to its Oregon
SIP: the Oregon Administrative Rules (OAR) Chapter 340, Division 25,
Specific Industrial Standards (OAR 340-25-305, 320 and 325).
    (i) Incorporation by reference.
    (A) August 31, 1995, letter from ODEQ to EPA submitting a revision
to the Oregon Administrative Rules (OAR); OAR 340-25-305, State
effective on February 17, 1995.
    (B) October 8, 1996, letter from ODEQ to EPA submitting a revision
to the Oregon Administrative Rules (OAR); OAR 340-25-320 and OAR 340-25-
325, State effective on January 29, 1996.
    (127) December 9, 1996, letter from the Director, Oregon Department
of Environmental Quality, to the Region 10 Regional Administrator, EPA,
submitting the Attainment Plan for the
[[Page 418]]
Oakridge, Oregon PM-10 nonattainment area as a revision to its SIP.
    (i) Incorporation by reference.
    (A) State Implementation Plan for PM-10 in Oakridge, dated August
1996, and Appendices XII, XIII and XIV.
    (ii) Additional Material: Appendix I through VI and VIII through XI
of the State Implementation Plan for PM-10 in Oakridge dated August
1996.
    (128) On June 1, 1995 the State of Oregon submitted to EPA an
attainment plan for the Lakeview PM10 nonattainment area. This SIP
revision is designed to bring about the attainment of the PM10 NAAQS in
Lakeview and satisfy Federal requirements applicable to moderate PM10
nonattainment areas.
    (i) Incorporation by reference.
    (A) June 1, 1995 letter from the Director, Oregon Department of
Environmental Quality, the Governor's designee, to Region 10 Regional
Administrator, EPA, submitting the Lakeview, Oregon PM10 Control Plan.
    (B) Revision to the Oregon State Implementation Plan: Lakeview,
Oregon PM10 Control Plan; Appendix 3, Lakeview Detailed Emissions
Inventories; Appendix 4, Ordinances and Commitments; Appendix 5,
Demonstration of Attainment; Appendix 9, Woodburning Curtailment Survey
Protocol; Appendix 10, Legal Description of Lakeview PM10 Nonattainment
Area.
    (C) Supporting regulations approved as part of the revision, state
effective May 1, 1995: OAR 340-20-047; OAR 340-21-010, -012, -025, -200;
OAR 340-30-043, -300, -310, -340; OAR 340-34-150, -200, -210.
    (129) The Environmental Protection Agency (EPA) approves various
amendments to the Oregon State Air Quality Control Plan contained in a
submittal to EPA, dated October 8, 1997.
    (i) Incorporation by reference.
    (A) EPA is approving or taking no action on the modified Oregon
Transportation Conformity Rules submitted on October 8, 1998. EPA is
approving: OAR 340-20-710, 340-20-720, 340-20-730, 340-20-750, 340-20-
760 340-20-770, 340-20-780, 340-20-790, 340-20-800, 340-20-810, 340-20-
820, 340-20-830, 340-20-840, 340-20-850, 340-20-860 340-20-870, 340-20-
880, 340-20-890, 340-20-900, 340-20-910 340-20-1000, 340-20-1010, 340-
20-1020, 340-20-1030, 340-20-1040, 340-20-1050, 340-20-1060 and 340-20-
1070, effective September 23, 1998.
    (B) EPA is taking no action on sections OAR 340-020-730(3), 340-020-
750(4), 340-020-750(4)(b), 340-020-800(3)-(6), 340-020-890(5), 340-020-
900(6)(c), 340-020-910(1)(b), 340-020-1000(1)(a) and (2), and 340-020-
1030(2).
    (C) EPA approves the changes made to certain sections of the Oregon
Administrative Rules: ``Determining Conformity of General Federal
Actions to State and Federal Implementation Plans' found in: OAR 340-
020-1510, 340-020-1520, 340-020-1530, 340-020-1570, 340-020-1580, and
340-020-1590, effective September 23, 1998.
    (130) The Environmental Protection Agency (EPA) approves various
amendments to the Oregon State RACT rules for volatile organic compounds
which are contained in a submittal to EPA, dated December 7, 1998.
    (i) Incorporation by reference.
    (A) EPA is approving the revised Oregon Regulations, as effective
October 12, 1998: OAR 340-022-0100; OAR 340-022-0102; OAR 340-022-0104;
OAR 340-022-0106; OAR 340-022-0107; OAR 340-022-110; OAR 340-022-0120;
OAR 340-022-0125; OAR 340-022-0130; OAR 340-022-0170; OAR 340-022-0175;
OAR 340-022-0180; OAR 340-022-0300; OAR 340-022-0400; OAR 340-022-0401;
and OAR 340-022-0402.
    (B) EPA is repealing/removing the following provision from the
current incorporation by reference: OAR 340-022-0403, as effective
August 14, 1996.
    (131) On December 3, 1998, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a revision to the definition
section of the Oregon Administrative Rules (OAR), as effective October
14, 1998.
    (i) Incorporation by reference.
    (A) OAR 340-028-0110, as effective October 14, 1998, except for the
following: (16) Capture system, (25) Continuous compliance determination
method, (27) Control device, (29) Data, (39)(b) Emission Limitation and
Emission Standard, (47) Exceedance, (48) Excursion, (55) Inherent
process equipment, (67) Monitoring, (86) Pollutant-specific emissions
unit, (88) Predictive emission monitoring system (PEMS), Table 1, Table
2, and Table 3.
[[Page 419]]
    (B) Remove the following provision from the current incorporation by
reference: OAR 340-028-0110, as effective October 6, 1995, except for
Table 1, Table 2, and Table 3.
[37 FR 10888, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.1970, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
    Effective Date Note: At 65 FR 29958, May 10, 2000, Sec. 52.1970 was
amended by adding paragraph (c)(130), effective July 10, 2000.
Sec. 52.1971  Classification of regions.
    The Oregon plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Portland Interstate.......................................           I         IA       III         I          I
Southwest Oregon Intrastate...............................          II        III       III       III        III
Northwest Oregon Intrastate...............................         III        III       III       III        III
Central Oregon Intrastate.................................          II        III       III       III        III
Eastern Oregon Intrastate.................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------
[37 FR 10888, May 31, 1972, as amended at 45 FR 42278, June 24, 1980]
Sec. 52.1972  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Oregon's plan for the attainment and maintenancce of the
national standards under section 110 of the Clean Air Act.
[65 FR 29958, May 10, 2000]
    Effective Date Note: At 65 FR 29958, May 10, 2000, Sec. 52.1972 was
revised, effective July 10, 2000. For the convenience of the user, the
superseded text follows:
Sec. 52.1972  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Oregon'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 carbon monoxide and ozone attainment
plans satisfy all requirements of part D, title 1, of the Clean Air Act
as amended in 1977, except as noted in the following sections. In
addition, continued satisfaction of part D requirements for the ozone
portion of the SIP depends on the adoption and submittal of RACT
requirements by July 1, 1980, for the sources covered by CTGs issued
between January 1978 and January 1979. Additional RACT requirements must
be submitted by each subsequent January for sources covered by CTGs
issued by the previous January. Further, 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.
[38 FR 16168, June 20, 1973, as amended at 45 FR 42278, June 24, 1980;
47 FR 28373, June 30, 1982]
Sec. 52.1973-52.1976  [Reserved]
Sec. 52.1977  Content of approved State submitted implementation plan.
    The following sections of the State air quality control plan (as
amended on the dates indicated) have been approved and are part of the
current state implementation plan.
               State of Oregon Air Quality Control Program
Volume 2-The Federal Clean Air Act Implementation Plan (and Other State
                              Regulations)
Section
                         1. Introduction (1-86)
                    2. General Administration (1-86)
    2.1 Agency Organization (1-86)
    2.2 Legal Authority (1-86)
    2.3 Resources (1-86)
    2.4 Intergovernmental Cooperation and Consultation (1-86)
    2.5 Miscellaneous Provisions (1-86)
                   3. Statewide Regulatory Provisions
    3.1 Oregon Administrative Rules-Chapter 340 (1-86)
                       Division 12-Civil Penalties
    Sec. 030 Definitions (11-8-84)
[[Page 420]]
    Sec. 035 Consolidation of Proceedings (9-25-74)
    Sec. 040 Notice of Violation (12-3-85)
    Sec. 045 Mitigating and Aggravating Factors (11-8-84)
    Sec. 050 Air Quality Schedule of Civil Penalties (11-8-84)
    Sec. 070 Written Notice of Assessment of Civil Penalty; When Penalty
Payable (9-25-74)
    Sec. 075 Compromise or Settlement of Civil Penalty by Director (11-
8-84)
     Division 14-Procedures for Issuance, Denial, Modification, and
                     Revocation of Permits (4-15-72)
    Sec. 005 Purpose (4-15-72)
    Sec. 007 Exceptions (6-10-88)
    Sec. 010 Definitions (4-15-72), except (3) ``Director'' (6-10-88)
    Sec. 015 Type, Duration, and Termination of Permits (12-16-76)
    Sec. 020 Application for a Permit (4-15-72), except(1), (4)(b), (5)
(6-10-88)
    Sec. 025 Issuance of a Permit (4-15-72), except(2), (3), (4), (5),
(6) (6-10-88)
    Sec. 030 Renewal of a Permit (4-15-72)
    Sec. 035 Denial of a Permit (4-15-72)
    Sec. 040 Modification of a Permit (4-15-72)
    Sec. 045 Suspension or Revocation of a Permit (4-15-72)
    Sec. 050 Special Permits (4-15-72)
                           Division 20-General
    Sec. 001 Highest and Best Practicable Treatment and Control Required
(3-1-72)
    Sec. 003 Exceptions (3-1-72)
                              Registration
    Sec. 005 Registration in General (9-1-70)
    Sec. 010 Registration requirements (9-1-70)
    Sec. 015 Re-registration (9-1-70)
              Notice of Construction and Approval of Plans
    Sec. 020 Requirement (9-1-70)
    Sec. 025 Scope (3-1-72)
    Sec. 030 Procedure (9-1-72), except (4)(a) Order Prohibiting
Construction (4-14-89)
    Sec. 032 Compliance Schedules (3-1-72)
     Sampling, Testing, and Measurement of Air Contaminant Emissions
    Sec. 035 Program (9-1-70)
    Sec. 037 Stack Heights & Dispersion Techniques (5-12-86)
    Sec. 040 Methods (9-11-70)
    Sec. 045 Department Testing (9-1-70)
    Sec. 046 Records; Maintaining and Reporting (10-1-72)
    Sec. 047 State of Oregon Clean Air Act, Implementation Plan (9-30-
85)
    Sec. 136 Owners of Gasoline at Terminals, Distributors and Retail
Outlets Required to Have Indirect Source Operating Permits (11-1-92)
                    Air Contaminant Discharge Permits
    Sec. 140 Purpose (1-6-86)
    Sec. 145 Renumbered to OAR 340-28-110
    Sec. 150 Notice Policy (6-10-88)
    Sec. 155 Permit Required (5-31-83)
    Sec. 160 Multiple-Source Permit (1-6-76)
    Sec. 165 Fees (3-14-86)
    Sec. 170 Procedures For Obtaining Permits (1-11-74)
    Sec. 175 Other Requirements (6-29-79)
    Sec. 180 Registration Exemption (6-29-79)
    Sec. 185 Permit Program For Regional Air Pollution Authority (1-6-
76)
                          Conflict of Interest
    Sec. 200 Purpose (10-13-78)
    Sec. 205 Definitions (10-13-78)
    Sec. 210 Public Interest Representation (10-13-78)
    Sec. 215 Disclosure of Potential Conflicts of Interest (10-13-78)
                            New Source Review
    Sec. 220 Applicability (9-8-81)
    Sec. 225 Renumbered to OAR 340-28-110
    Sec. 230 Procedural Requirements (10-16-84), except (3)(d) (6-10-88)
    Sec. 235 Review of New Sources and Modifications for Compliance With
Regulations (9-8-81)
    Sec. 240 Requirements for Sources in Nonattainment Areas (4-18-83)
    Sec. 245 Requirements for Sources in Attainment or Unclassified
Areas (Prevention of Significant Deterioration) (10-16-85)
    Sec. 250 Exemptions (9-8-81)
    Sec. 255 Baseline for Determining Credit for Offsets (9-8-81)
    Sec. 260 Requirements for Net Air Quality Benefit (4-18-83)
    Sec. 265 Emission Reduction Credit Banking (4-18-83)
    Sec. 270 Fugitive and Secondary Emissions (9-8-81)
    Sec. 275 Repealed
    Sec. 276 Visibility Impact (10-16-85)
                       Plant Site Emission Limits
    Sec. 300 Policy (9-8-81)
    Sec. 301 Requirement for Plant Site Emission Limits (9-8-81)
    Sec. 305 Renumbered to OAR 340-28-110
    Sec. 310 Criteria for Establishing Plant Site Emission Limits (9-8-
81)
    Sec. 315 Alternative Emission Controls (9-8-81)
    Sec. 320 Temporary PSD Increment Allocation (9-8-81)
                 Stack Heights and Dispersion Techniques
    Sec. 340 Definitions (4-18-83)
    Sec. 345 Limitations (4-18-83)
    Sec. 350 Purpose and Applicability (1-2-91)
    Sec. 355 Renumbered to OAR 340-28-110
[[Page 421]]
    Sec. 360 Planned Startup and Shutdown (1-2-91)
    Sec. 365 Scheduled Maintenance (1-2-91)
    Sec. 370 Upsets and Breakdowns (1-2-91)
    Sec. 375 Reporting Requirements (1-2-91)
    Sec. 380 Enforcement Action Criteria (1-2-91)
        Parking Offsets in the Portland Central Business District
    Sec. 405 Scope (12-19-90)
    Sec. 410 Definitions (12-19-90)
    Sec. 420 Requirements for Parking Offsets (12-19-90)
    Sec. 430 Overall Monitoring and Contingency Plan (12-19-90)
      Division 21-General Emission Standards for Particulate Matter
    Sec. 005 Definitions (1-16-84)
    Sec. 010 Special Control Areas (7-11-70)
    Sec. 015 Visible Air Contaminant Limitations (7-11-70)
    Sec. 020 Fuel Burning Equipment Limitations (9-1-82)
    Sec. 025 Refuse Burning Equipment Limitations (1-6-84)
    Sec. 027 Municipal Waste Incinerator in Coastal Areas (1-16-84)
    Sec. 030 Particulate Emission Limitations for Sources Other Than
Fuel Burning and Refuse Burning Equipment (3-1-72)
              Particulate Emissions From Process Equipment
    Sec. 035 Applicability (3-1-72)
    Sec. 040 Emission Standard (3-1-72)
    Sec. 045 Determination of Process Weight (3-1-72)
                           Fugitive Emissions
    Sec. 050 Definitions (3-1-72)
    Sec. 055 Applicability (3-1-72)
    Sec. 060 Requirements (3-1-72)
                            Upset Conditions
    Sec. 070 Repealed
    Sec. 075 Repealed
    Industrial Contingency Requirements for PM-10 Nonattainment Areas
    Sec. 200 Purpose (11-13-91)
    Sec. 205 Relation to Other Rules (11-13-91)
    Sec. 210 Applicability (11-13-91)
    Sec. 215 Definitions (11-13-91)
    Sec. 220 Compliance Schedule for Existing Sources (11-13-91)
    Sec. 225 Wood-Waste Boilers (11-13-91)
    Sec. 230 Wood Particulate Dryers at Particleboard Plants (11-13-91)
    Sec. 235 Hardboard Manufacturing Plants (11-13-91)
    Sec. 240 Air Conveying Systems (11-13-91)
    Sec. 245 Fugitive Emissions (11-13-91)
      Division 22-General Gaseous Emissions Sulfur Content of Fuels
    Sec. 005 Definitions (3-1-72)
    Sec. 010 Residual Fuel Oils (8-25-77)
    Sec. 015 Distillate Fuel Oils (3-1-72)
    Sec. 020 Coal (1-29-82)
    Sec. 025 Exemptions (3-1-72)
              General Emission Standards for Sulfur Dioxide
    Sec. 050 Definitions (3-1-72)
    Sec. 055 Fuel Burning Equipment (3-1-72)
    Sec. 300 Reid Vapor Pressure for Gasoline, except that in Paragraph
(6) only sampling procedures and test methods specified in 40 CFR part
80 are approved (6-15-89)
        Motor Vehicle Fuel Specifications for Oxygenated Gasoline
    Sec. 440 Policy (11-1-92)
    Sec. 450 Definitions (11-1-92)
    Sec. 460 Purpose and General Requirements (11-1-92)
    Sec. 470 Control Areas (11-1-92)
    Sec. 480 Average Oxygen Content Standard (11-1-92)
    Sec. 490 Sampling, Testing and Oxygen Content (11-1-92)
    Sec. 500 Alternative Compliance Options (11-1-92)
    Sec. 510 Minimum Oxygen Content (11-1-92)
    Sec. 520 Oxygenated Gasoline Blending (11-1-92)
    Sec. 530 Registration (11-1-92)
    Sec. 540 CAR, Distributor and Retail Outlet Operating Permits (11-1-
92)
    Sec. 550 Recordkeeping (11-1-92)
    Sec. 560 Reporting (11-1-92)
    Sec. 570 Prohibited Activities (11-1-92)
    Sec. 580 Inspection and Sampling (11-1-92)
    Sec. 590 Liability For Violation of a Prohibited Activity (11-1-92)
    Sec. 600 Defenses For Prohibited Activities (11-1-92)
    Sec. 610 Inability to Product Conforming Gasoline Due to
Extraordinary Circumstances (11-1-92)
    Sec. 620 Quality Assurance Program (11-1-92)
    Sec. 630 Attest Engagements Guidelines When Prohibited Activities
Alleged (11-1-92)
    Sec. 640 Dispenser Labeling (11-1-92)
                   Division 23-Rules for Open Burning
    Sec. 022 How to Use These Open Burning Rules (9-8-81)
    Sec. 025 Policy (9-8-81)
    Sec. 030 Definitions (6-16-84) (15) ``Disease and Pest Control''
(11-13-91)
    Sec. 035 Exemptions, Statewide (6-16-84)
    Sec. 040 General Requirements Statewide (9-8-81)
    Sec. 042 General Prohibitions Statewide (6-16-84)
[[Page 422]]
    Sec. 043 Open Burning Schedule (11-13-91)
    Sec. 045 County Listing of Specific Open Burning Rules (9-8-81)
                        Open Burning Prohibitions
    Sec. 055 Baker, Clatsop, Crook, Curry, Deschutes, Gilliam, Grant,
Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow,
Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties
(9-8-81)
    Sec. 060 Benton, Linn, Marion, Polk, and Yamhill Counties (6-16-84)
    Sec. 065 Clackamas County (6-16-84)
    Sec. 070 Multnomah County (6-16-84)
    Sec. 075 Washington County (6-16-84)
    Sec. 080 Columbia County (9-8-81)
    Sec. 085 Lane County (6-16-84)
    Sec. 090 Coos, Douglas, Jackson and Josephine Counties (11-13-91)
    Sec. 100 Letter Permits (6-16-84)
    Sec. 105 Forced Air Pit Incinerators (9-8-81)
    Sec. 110 Records and Reports (9-8-81)
    Sec. 115 Open Burning Control Areas (6-16-84)
  Division 24-Motor Vehicles Motor Vehicle Emission Control Inspection
                  Test Criteria, Methods and Standards
    Sec. 300 Scope (4-1-85)
    Sec. 301 Boundary Designations (9-12-88)
    Sec. 305 Definitions (4-1-85)
    Sec. 306 Publicly Owned and Permanent Fleet Vehicle Testing
Requirements (12-31-83)
    Sec. 307 Motor Vehicle Inspection Program Fee Schedule (8-1-81)
    Sec. 310 Light Duty Motor Vehicle Emission Control Test Method (9-
12-88)
    Sec. 315 Heavy Duty Gasoline Motor Vehicle Emission Control Test
Method (12-31-83)
    Sec. 320 Light Duty Motor Vehicle Emission Control Test Criteria (9-
12-88)
    Sec. 325 Heavy Duty Gasoline Motor Vehicle Emission Control Test
Criteria (9-12-88)
    Sec. 330 Light Duty Motor Vehicle Emission Control Cutpoints or
Standards (8-1-81) Subpart (3) (9-12-86)
    Sec. 335 Heavy Duty Gasoline Motor Vehicle EmissionControl Emission
Standards (9-12-86)
    Sec. 340 Criteria for Qualifications of Persons Eligible to Inspect
Motor Vehicles and Motor Vehicle Pollution Control Systems and Execute
Certificates (12-31-83)
    Sec. 350 Gas Analytical System Licensing Criteria (9-12-88)
Division 25--Specific Industrial Standards Construction and Operation of
                          Wigwam Waste Burners
    Sec. 005  Definitions (3-10-93)
    Sec. 010  Statement of Policy (3-10-93)
    Sec. 015  Authorization to Operate a Wigwam Burner (3-10-93)
    Sec. 020  Emission and Operation Standards for Wigwam Waste Burners
(3-10-93)
    Sec. 025  Monitoring and Reporting (3-10-93)
                         Hot Mix Asphalt Plants
    Sec. 105  Definitions (3-10-93)
    Sec. 110  Control Facilities Required (3-10-93)
    Sec. 115  Other Established Air Quality Limitations (3-10-93)
    Sec. 120  Portable Hot Mix Asphalt Plants (3-10-93)
    Sec. 125  Ancillary Sources of Emission--Housekeeping of Plant
Facilities (3-10-93)
                            Kraft Pulp Mills
    Sec. 150  Definitions--excluding any reference to TRS (3-10-93)
    Sec. 155  Statement of Policy (3-10-93)
    Sec. 160  Repealed
    Sec. 165  Emission Limitations--excluding any reference to TRS (3-
10-93)
    Sec. 170  More Restrictive Emission Limits (3-10-93)
    Sec. 175  Plans and Specifications (3-10-93)
    Sec. 180  Monitoring--excluding any reference to TRS (3-10-93)
    Sec. 185  Reporting--excluding any reference to TRS (3-10-93)
    Sec. 190  Upset Conditions--excluding any reference to TRS (3-10-93)
    Sec. 195  Repealed
    Sec. 205  Chronic Upset Conditions (1-24-90)
             Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills
    Sec. 220  Definitions (3-10-93)
    Sec. 222  Repealed
    Sec. 224  Emission Limitations--excluding any reference to TRS (3-
10-93)
    Sec. 226  More Restrictive Emission Limits--excluding any reference
to TRS (3-10-93)
    Sec. 228  Plans and Specifications (3-10-93)
    Sec. 230  Monitoring--excluding any reference to TRS (3-10-93)
    Sec. 232  Reporting--excluding any reference to TRS (3-10-93)
    Sec. 234  Upset Conditions--excluding any reference to TRS (3-10-93)
                         Primary Aluminum Plants
    Sec. 255  Statement of Purpose (3-10-93)
    Sec. 260  Definitions (3-10-93)
    Sec. 265  Emission Standards (3-10-93)
    Sec. 270  Special Problem Areas (3-10-93)
    Sec. 275  Repealed
    Sec. 280  Monitoring (3-10-93)
    Sec. 285  Reporting (3-10-93)
[[Page 423]]
                      Specific Industrial Standards
    Sec. 305  Definitions (3-10-93)
    Sec. 310  General Provisions (11-4-93)
    Sec. 315  Veneer and Plywood Manufacturing Operations (3-10-93)
    Sec. 320  Particleboard Manufacturing Operations (3-10-93)
    Sec. 325  Hardboard Manufacturing Operations (3-10-93)
                   Regulations for Sulfite Pulp Mills
    Sec. 350  Definitions (3-10-93)
    Sec. 355  Statement of Purpose (3-10-93)
    Sec. 360  Minimum Emission Standards (3-10-93)
    Sec. 365  Repealed
    Sec. 370  Monitoring and Reporting (3-10-93)
    Sec. 375  Repealed
    Sec. 380  Exceptions (3-10-93)
                 Laterite Ore Production of Ferronickel
    Sec. 405  Statement of Purpose (3-10-93)
    Sec. 410  Definitions (3-10-93)
    Sec. 415  Emission Standards (3-10-93)
    Sec. 420  Repealed
    Sec. 425  Repealed
    Sec. 430  Monitoring and Reporting (3-10-93)
      Division 26-Rules for Open Field Burning (Willamette Valley)
    Sec. 001 Introduction (7-3-84)
    Sec. 003 Policy (3-7-84)
    Sec. 005 Definitions (3-7-84)
    Sec. 010 General Requirement (3-7-84)
    Sec. 011 Repealed
    Sec. 012 Registration, Permits, Fees, Records (3-7-84)
    Sec. 013 Acreage Limitations, Allocations (3-7-84)
    Sec. 015 Daily Burning Authorization Criteria (3-7-84)
    Sec. 020 Repealed
    Sec. 025 Civil Penalties (3-7-84)
    Sec. 030 Repealed
    Sec. 031 Burning by Public Agencies (Training Fires) (3-7-84)
    Sec. 035 Experimental Burning (3-7-84)
    Sec. 040 Emergency Burning, Cessation (3-7-84)
    Sec. 045 Approved Alternative Methods of Burning (PropaneFlaming)
(3-7-84)
                  Division 27-Air Pollution Emergencies
    Sec. 005 Introduction (5-20-88)
    Sec. 010 Episode State Criteria for Air Pollution Emergencies (5-20-
88)
    Sec. 012 Special Conditions (5-20-88)
    Sec. 015 Source Emission Reduction Plans (10-24-83)
    Sec. 020 Repealed
    Sec. 025 Regional Air Pollution Authorities (10-24-83)
    Sec. 035 Operation and Maintenance Manual (10-24-83)
   Division 28-Stationary Source Air Pollution Control and Permitting
                               Procedures
    Sec. 110 Definitions (11-4-93)
    Sec. 1500 Purpose and Applicability (11-4-93)
    Sec. 1510 Requirements (11-4-93)
    Sec. 1520 Submission of Emission Statement (9-24-93)
Division 30-Specific Air Pollution Control Rules for the Medford-Ashland
                      Air Quality Maintenance Area
    Sec. 005 Purposes and Application (11-13-91)
    Sec. 010 Definitions (11-13-91)
    Sec 012 Application (11-13-91)
    Sec. 015 Wood Waste Boilers (11-13-91) except (3)(c)
    Sec. 021 Veneer Dryer Emission Limitations (11-13-91)
    Sec. 025 Air Conveying Systems (9-7-89)
    Sec. 030 Wood Particle Dryers at Particleboard Plants (11-13-91)
    Sec. 031 Hardwood Manufacturing Plants (5-6-81)
    Sec. 035 Wigwam Waste Burners (10-29-80)
    Sec. 040 Charcoal Producing Plants (9-7-89)
    Sec. 043 Control of Fugitive Emissions (Medford-Ashland Only) (11-
13-91)
    Sec. 044 Requirement for Operation and Maintenance Plans (Medford-
Ashland Only) (11-13-91)
    Sec. 045 Repealed
    Sec. 046 Emission Limits Compliance Schedules (11-13-91)
    Sec. 050 Continuous Monitoring (11-13-91)
    Sec. 055 Source Testing (11-13-91)
    Sec. 060 Repealed
    Sec. 065 New Sources (11-13-91)
    Sec. 070 Open Burning (4-7-78)
    Sec. 115 Dual Fuel Feasibility Study for Wood-Waste Boilers (11-13-
91)
    Sec. 200 Application (11-13-91)
    Sec. 205 Compliance Schedule for Existing Sources (11-13-91)
    Sec. 210 Woodwaste Boilers (11-13-91)
    Sec. 215 Wood Particle Dryers At Particleboard Plants (11-13-91)
    Sec. 220 Hardboard Manufacturing Plants (11-13-91)
    Sec. 225 Air Conveying Systems (11-13-91)
    Sec. 230 Fugitive Emissions (11-13-91)
                Division 31-Ambient Air Quality Standards
    Sec. 005 Definitions (3-1-72)
    Sec. 010 Purpose and Scope of Ambient Air Quality Standards (3-1-72)
    Sec. 015 Suspended Particulate Matter (3-1-72)
    Sec. 020 Sulfur Dioxide (3-12-72)
    Sec. 025 Carbon Monoxide (3-1-72)
    Sec. 030 Ozone (1-29-82)
    Sec. 035 Hydrocarbons (3-1-72)
    Sec. 040 Nitrogen Dioxide (3-1-72)
    Sec. 045 Repealed
    Sec. 050 Repealed
[[Page 424]]
    Sec. 055 Ambient Air Quality Standard for Lead (1-21-83)
                 Prevention of Significant Deterioration
    Sec. 100 General (6-22-79)
    Sec. 110 Ambient Air Increments (6-22-79)
    Sec. 115 Ambient Air Ceilings (6-22-79)
    Sec. 120 Restrictions on Area Classifications (6-22-79)
    Sec. 125 Repealed
    Sec. 130 Redesignation (6-22-79)
                  Division 34-Residential Wood Heating
    Sec. 001 Purpose (11-13-91)
    Sec. 005 Definitions (1-3-94)
    Sec. 010 Requirements for Sale of Woodstoves (1-3-94)
    Sec. 015 Exemptions (1-3-94)
    Sec. 020 Civil Penalties (11-13-91)
                     Woodstove Certification Program
    Sec. 045 Applicability (1-3-94)
    Sec. 050 Emission Performance Standards & Certification (1-3-94)
    Sec. 055 Repealed
    Sec. 060 General Certification Procedures (1-3-94)
    Sec. 065 Repealed
    Sec. 070 Labelling Requirements (1-3-94)
    Sec. 075 Repealed
    Sec. 080 Repealed
    Sec. 085 Repealed
    Sec. 090 Repealed
    Sec. 095 Repealed
    Sec. 100 Repealed
    Sec. 105 Repealed
    Sec. 110 Repealed
    Sec. 115 Repealed
                         Woodburning Curtailment
    Sec. 150 Applicability (11-13-91)
    Sec. 155 Determination of Air Stagnation Conditions (11-13-91)
    Sec. 160 Prohibition on Woodburning During Periods of Air Stagnation
(11-13-91)
    Sec. 165 Public Information Program (11-13-91)
    Sec. 170 Enforcement (11-13-91)
    Sec. 175 Suspension of Department Program (11-13-91)
   Woodstove Removal Contingency Program for PM-10 Nonattainment Areas
    Sec. 200 Applicability (11-13-91)
    Sec. 205 Removal and Destruction of Uncertified Stove Upon Sale of
Home (11-13-91)
    Sec. 210 Home Seller's Responsibility to Verify Stove Destruction
(11-13-91)
    Sec. 215 Home Seller's Responsibility to Disclose (11-13-91)
          3.2 Lane Regional Air Pollution Authority Regulations
                 Title 11 Policy and General Provisions
    11-005 Policy (10-9-79)
    11-010 Construction and Validity (10-9-79)
        Title 12 General Duties and Powers of Board and Director
    12-005 Authority of the Agency (11-8-83)
    12-010 Duties and Powers of the Board of Directors (11-8-83)
    12-020 Duties and Function of the Director (11-8-83)
    12-025 Conflict of Interest (9-9-88)
    12-035 Public Records and Confidential Information (11-8-83)
                     Title 12 Definitions (2-13-90)
                     Title 14 Definitions (7-12-88)
           Title 15 Enforcement Procedure and Civil Penalties
    15-001 Policy (2-13-90)
    15-005 Definitions (2-13-90)
    15-010 Consolidation of Proceedings (2-13-90)
    15-015 Notice of Violation (2-13-90)
    15-020 Enforcement Actions (2-13-90)
    15-025 Civil Penalty Schedule Matrices (2-13-90)
    15-030 Civil Penalty Determination Procedure (Mitigating and
Aggravating Factors) (2-13-90)
    15-035 Written Notice of Assessment of Civil Penalty-When Penalty
Payable (2-13-90)
    15-040 Compromise or Settlement of Civil Penalty by Director (2-13-
90)
    15-045 Stipulated Penalties (2-13-90)
    15-050 Air Quality Classification of Violation (2-13-90)
    15-055 Scope of Applicability (2-13-90)
    15-060 Appeals (2-13-90)
                       Title 32 Emission Standards
    32-005 General (9-14-82)
    32-010 Restriction on Emission of Visible Air Contaminants;
Including Veneer Dryers (9-14-82)
    32-025 Exceptions-Visible Air Contaminant Standards (9-14-82)
    32-030 Particulate Matter Weight Standards (9-14-82)
    32-035 Particulate Matter Weight Standards-Existing Sources (9-14-
82)
    32-040 Particulate Matter Weight Standards-New Sources (9-14-82)
    32-045 Process Weight Emission Limitations (9-14-82)
    32-055 Particulate Matter Size Standard (9-14-82)
    32-060 Airborne Particulate Matter (9-14-82)
    32-065 Sulfur Dioxide Emission Limitations (9-14-82)
[[Page 425]]
    32-100 Plant Site Emission Limits Policy (9-14-82)
    32-101 Requirement for Plant Site Emission Limits (9-14-82)
    32-102 Criteria for Establishing Plant Site Emission Limits (9-14-
82)
    32-103 Alternative Emission Controls (Bubble) (9-14-82)
    32-104 Temporary PSD Increment Allocation (11-8-83)
    32-800 Air Conveying Systems (1-8-85)
    32-990 Other Emissions (11-8-83)
      Title 33 Prohibited Practices and Control of Special Classes
    33-020 Incinerator and Refuse Burning Equipment (5-15-79)
    33-025 Wigwam Waste Burners (5-15-79)
    33-030 Concealment and Masking of Emissions (5-15-79)
    33-045 Gasoline Tanks (5-15-79)
    33-055 Sulfur Content of Fuels (5-15-79)
    33-060 Board Products Industries (5-15-79)
    33-065 Charcoal Producing Plants (5-15-79)
    33-070 Kraft Pulp Mills (9-14-82)
               Title 34 Air Contaminant Discharge Permits
    34-001 General Policy and Discussion (1-9-90)
    34-005 Definitions (2-13-90)
    34-010 General Procedures for Obtaining Permits (1-9-90)
    34-015 Special Discharge Permit Categories (1-9-90)
    34-020 Discharge Permit Duration (1-9-90)
    34-025 Discharge Permit Fees (1-9-90)
    34-030 Source Emission Tests (1-9-90)
    34-035 Upset Conditions (1-9-90)
    34-040 Records (1-9-90)
    34-045 General Procedures for Registration (1-9-90)
    34-050 Compliance Schedules for Existing Sources Affected by New
Rules (1-9-90)
                       Title 38 New Source Review
    38-001 General Applicability (2-13-90)
    38-005 Definitions (2-13-90)
    38-010 General Requirements for Major Sources and Major
Modifications (2-13-90)
    38-015 Additional Requirements for Major Sources or Major
Modifications Located in Nonattainment Areas (2-13-90)
    38-020 Additional Requirements for Major Sources or Major
Modifications in Attainment or Unclassified Areas (Prevention of
Significant Deterioration) (2-13-90)
    38-025 Exemptions for Major Sources and Major Modifications (2-13-
90)
    38-030 Baseline for Determining Credits for Offsets (2-13-90)
    38-035 Requirements for Net Air Quality Benefit for Major Sources
and Major Modifications (2-13-90)
    38-040 Emission Reduction Credit Banking (2-13-90)
    38-045 Requirements for Non-Major Sources and Non-Major
Modifications (2-13-90)
    38-050 Stack Height and Dispersion Techniques (2-13-90)
                 Title 47 Rules for Open Outdoor Burning
    47-001  General Policy (8-14-84)
    47-005  Statutory Exemptions from These Rules (8-14-84)
    47-010  Definitions (9-8-92)
    47-015  Open Burning Requirements (9-8-92)
    47-020  Letter Permits (9-8-92)
    47-025  Repealed
    47-030  Summary of Seasons, Areas, and Permit Requirements for Open
Outdoor Burning (9-8-92)
                     Title 50 Ambient Air Standards
    50-005 General (7-12-88)
    50-015 Suspended Particulate Matter (7-12-88)
    50-025 Sulfur Dioxide (7-12-88)
    50-030 Carbon Monoxide (7-12-88)
    50-035 Ozone (7-12-88)
    50-040 Nitrogen Dioxide (7-12-88)
    50-045 Lead (7-12-88)
                   Title 51 Air Pollution Emergencies
    51-005 Introduction (7-12-88)
    51-010 Episode Criteria (7-12-88)
    51-015 Emission Reduction Plans (7-12-88)
    51-020 Preplanned Abatement Strategies (7-12-88)
    51-025 Implementation (7-12-88)
 3.3 OAR Chapter 629-43-043 Smoke Management Plan Administrative Rules
                               (12-12-86)
          4. Control Strategies for Nonattainment Areas (1-86)
    4.1 Portland-Vancouver AQMA-Total Suspended Particulate (12-19-80)
    4.2 Portland-Vancouver AQMA-Carbon Monoxide (7-16-82)
    4.3 Portland-Vancouver AQMA-Ozone (7-16-82)
    4.4 Salem Nonattainment Area-Carbon Monoxide (7-79)
    4.5 Salem Nonattainment Area-Ozone (9-19-80)
    4.6 Eugene-Springfield AQMA-Total Suspended Particulate (1-30-81)
    4.7 Eugene-Springfield AQMA-Carbon Monoxide (6-20-79)
    4.8 Medford-Ashland AQMA-Ozone (1-85)
    4.9 Medford-Ashland AQMA-Carbon Monoxide (8-82)
    4.10 Medford-Ashland AQMA-Particulate Matter (4-83)
    4.11 Grants Pass Nonattainment-Carbon Monoxide (10-84)
[[Page 426]]
   5. Control Strategies for Attainment and Nonattainment Areas (1-86)
    5.1 Statewide Control Strategies for Lead (1-83)
    5.2 Visibility Protection Plan (10-24-86)
    5.3 Prevention of Significant Deterioration (1-86)
                6. Ambient Air Quality Monitoring Program
    6.1 Air Monitoring Network (1-86)
    6.2 Data Handling and Analysis Procedures (1-86)
    6.3 Episode Monitoring (1-86)
                     7. Emergency Action Plan (1-86)
                      8. Public Involvement (1-86)
                 9. Plan Revisions and Reporting (1-86)
                          Volume 3--Appendices
     Statewide Regulatory Provisions and Administration (Appendix A)
Directive 1-4-1-601 Operational Guidance for the Oregon SmokeManagement
          Program/Slash Burning Smoke Management Plan (App. A1)
Field Burning Smoke Management Plan (App. A2)
Interagency Memoranda of Understanding Lead Agency Designations (App.
          A3)
Source Sampling Manual (App. A4)
Air Quality Monitoring Quality Assurance Procedures Manual (App. A5)
Continuous Monitoring Manual (App. A6)
         Control Strategies for Nonattainment Areas (Appendix B)
                    Portland-Vancouver AQMA (App. B1)
Legal Definition of TSP Nonattainment Area Boundaries (App. B1-1)
Carbon Monoxide Monitoring Program (App. B1-2)
Carbon Monoxide Emission Inventories (App. B1-3)
Volatile Organic Compound Emission Inventories (App. B1-4)
Input Factors Used to Develop Motor Vehicle EI's (App. B1-5)
                   Salem Nonattainment Area (App. B2)
Study Area (App. B2-1)
Emission Inventories (App. B2-2)
Existing Programs and Plans (App. B2-3)
Carbon Monoxide Analysis (App. B2-4)
                    Eugene-Springfield AQMA (App. B3)
Unpaved Road Dust Inventory (App. B3-1)
Phase II Work Plans (App. B3-2)
                     Medford-Ashland AQMA (App. B4)
Legal Description of the Medford-Ashland AQMA (App. B4-1)
Documentation of Ozone Standard Attainment Projection (App. B4-2)
Air Quality Work Plan (App. B4-3)
Volatile Organic Compound Emissions Inventory (App. B4-4)
Carbon Monoxide Emission Inventory (App. B4-5)
Reasonably Available Transportation Measures (App. B4-6)
Description of the Projected TSP Nonattainment Area (App. B4-7)
Attainment Dates for Newly Designated Nonattainment Areas (App. B4-8)
                Statewide Control Strategies (Appendix C)
Lead (App. C1)
Lead Emission Inventories for Portland-Vancouver AQMA (App. C1-1)
[59 FR 25334, May 16, 1994, as amended at 60 FR 2692, Jan. 11, 1995]
Secs. 52.1978-52.1981  [Reserved]
Sec. 52.1982  Control strategy: Ozone.
    (a) Part D--Approval. (1) The Salem/ Portland and Medford/Ashland
area attainment plans are approved as satisfying Part D requirements
with the following clarification as to their implementation:
    (i) DEQ source test method 24 will be used in conjunction with
method 25 for determining compliance of surface coating operations.
    (ii) The phrase ``in most cases'' in rule OAR 340-22-107(1) applies
to approximately 1,200 gasoline service stations where compliance is
determined by observing whether specific emission control equipment,
selected from a specific list on file at DEQ, is in place and operating
properly.
[46 FR 54940, Nov. 5, 1981]
Secs. 52.1983-52.1984  [Reserved]
Sec. 52.1985  Rules and regulations.
    (a) Part D--Approval. The Oregon VOC regulations (OAR 340-22-100
through 220) covering Groups I and II Control Technique Guidelines are
approved with the following clarifications:
    (1) The paper coating rule is RACT. Due to enforceability questions
introduced by the last sentence of OAR 340-22-170(5) EPA is approving
this rule with the exception of the last sentence.
    (2) EPA approval of OAR 340-22-170(5) is with the understanding that
DEQ
[[Page 427]]
source test method 24 will be used to determine compliance.
    (3) EPA approval of OAR 340-22-170(5) is with the understanding that
compliance determinations will be based on methods approved as part of
the SIP.
[46 FR 54940, Nov. 5, 1981, as amended at 47 FR 10534, Mar. 11, 1982; 52
FR 32012, Aug. 25, 1987; 54 FR 8539, Mar. 1, 1989]
Sec. 52.1986  [Reserved]
Sec. 52.1987  Significant deterioration of air quality.
    (a) The Oregon Department of Environmental Quality rules for
prevention of significant deterioration of air quality in OAR Chapter
340, Division 28, as effective on October 22, 1996, and OAR Chapter 340,
Division 31, as effective on July 12, 1995, are approved as meeting the
requirements of part C.
    (b) The Lane Regional Air Pollution Authority rules for permitting
new and modified major stationary sources (Title 38 New Source Review)
are approved, in conjunction with the Oregon Department of Environmental
Quality rules, in order for the Lane Regional Air Pollution Authority to
issue prevention of significant deterioration permits within Lane
County.
    (c) The requirements of sections 160 through 165 of the Clean Air
Act are not met for Indian reservations since the plan does not include
approvable procedures for preventing the significant deterioration of
air quality on Indian reservations and, therefore, the provisions of
Sec. 52.21 (b) through (w) are hereby incorporated and made part of the
applicable plan for Indian reservations in the State of Oregon.
[58 FR 47391, Sept. 9, 1993, as amended at 62 FR 10462, Mar. 7, 1997]
Sec. 52.1988   Air contaminant discharge permits.
    (a) Emission limitations and other provisions contained in Air
Contaminant Discharge Permits and Federal Operating Permits issued by
the State in accordance with the provisions of the OAR Chapter 340,
Division 28, Stationary Source Air Pollution Control and Permitting
Procedures incorporated by reference in Sec. 52.1970, except for
compliance schedules under OAR 340- 28-700 and alternative emission
limits (bubbles) under OAR 340-28-1030 for sulfur dioxide or total
suspended particulates which involve trades where the sum of the
increases in emissions exceeds 100 tons per year, shall be the
applicable requirements of the federally-approved Oregon SIP (in lieu of
any other provisions) for the purposes of Section 113 of the Clean Air
Act and shall be enforceable by EPA and by any person in the same manner
as other requirements of the SIP.
    (b) Emission limitations and other provisions contained in Air
Contaminant Discharge Permits and Federal Operating Permits issued by
the Lane Regional Air Pollution Authority in accordance with the
provisions of the federally-approved Air Contaminant Discharge Permits
rules (Title 34) and Plant Site Emission Limit rules (Title 32, Section
32-100 through -104) and in conjunction with provisions of the OAR
Chapter 340, Division 28, Stationary Source Air Pollution Control and
Permitting Procedures incorporated by reference in Section 52.1970,
except for compliance schedules under Title 15, Section 020, or Title
34, Section 050, and alternative emission limits (bubbles) under Title
32, Section 32-103, for sulfur dioxide or total suspended particulates
which involve trades where the sum of the increases in emissions exceeds
100 tons per year, shall be the applicable requirements of the
federally-approved Oregon SIP (in lieu of any other provisions) for the
purposes of Section 113 of the Clean Air Act and shall be enforceable by
EPA and by any person in the same manner as other requirements of the
SIP.
[62 FR 10462, Mar. 7, 1997]
                        Subpart NN--Pennsylvania
Sec. 52.2020  Identification of plan.
    (a) Title of plan: ``Pennsylvania's Implementation Plan.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Regulations 121, 123, 127, 129, 131, 135, 137, 139, and 141 of
the Pennsylvania Code of Regulations submitted March 17, 1972, by the
Pennsylvania Department of Environmental Resources.
[[Page 428]]
    (2) Air Quality Data for three additional months regarding Reading
Air Basin SO<INF>2</INF> strategy submitted March 27, 1972, by the
Pennsylvania Department of Environmental Resources.
    (3) Miscellaneous non-regulatory additions and clarifications to the
plan submitted on May 4, 1972, by the Pennsylvania Department of
Environmental Resources.
    (4) ``An Implementation Plan for the Attainment and Maintenance of
the National Ambient Air Quality Standards for Allegheny County,
Commonwealth of Pennsylvania, 1980'', and Article XX (which replaces
Article XVIII), which were submitted on December 24, 1980.
    (5) Non-regulatory additions to plan regarding Allegheny County
Source Surveillance regulations submitted on June 20, 1972, by the
Pennsylvania Department of Environmental Resources.
    (6) Miscellaneous non-regulatory additions to the plan submitted
August 14, 1972, by the Pennsylvania Department of Environmental
Resources.
    (7) Revision to Philadelphia Air Management Services regulations
submitted November 3, 1972, by the Governor.
    (8) Revision to compliance schedules for Clairton Coke Works in
Allegheny County submitted December 14, 1972, by the Governor.
    (9) Transportation Control Plan for Southwest Pennsylvania and
Metropolitan Philadelphia AQCR's submitted April 13, 1973, by the
Governor.
    (10) [Reserved]
    (11) Amendments to Philadelphia Air Management Services regulation
number 3 submitted April 15, 1974, by the Governor.
    (12) Amendments to Philadelphia Air Management Services regulations
numbers 1, 2 and 11 submitted May 28, 1974, by the Governor.
    (13) Process factor for glass production furnaces submitted on
December 26, 1974, by the Pennsylvania Department of Environmental
Resources.
    (14) Amendments to Chapters 123 (section 123.24) and 139 (section
139.13), controlling zinc smelter operations; submitted on August 7,
1975 by the Pennsylvania Department of Environmental Resources.
    (15) A revision submitted by the Commonwealth of Pennsylvania on
August 11, 1976 amending Title 3 of the Philadelphia Code, Subsection 3-
103, Enforcement; Subsection 3-301, Powers and Duties of the Department
of Public Health; and Subsection 3-305 Orders.
    (16) Revisions submitted by the Commonwealth of Pennsylvania on
December 11, 1972 amending regulations for the powers and duties of the
Department of Environmental Resources, the Environmental Quality Board
and the Environmental Hearing Board.
    (17) Amendment to Article XVIII, Rules and Regulations of the
Allegheny County Health Department, Sections 1800 (Definitions) and 1813
(Air Pollution Emergency Episode Regulations). These amendments were
submitted on May 15, 1978 by the Department of Environmental Resources.
    (18) Amendments to Title 3, Section 3-207 (Sale of Fuel Oil) of the
Philadelphia Code pertaining to Philadelphia County and to Title 25,
Part I, Subpart C, Article III, Chapter 121 (Definitions) and Chapter
123 (Standards for Contaminants, Sulfur Compound Emissions) of the
Pennsylvania Code pertaining to Bucks, Chester, Delaware, and Montgomery
Counties submitted on July 31, 1978 by the Governor.
    (19) Amendments to Chapters 121 (Sec. 121.1), 123 (Secs. 123.1,
123.13, 123.44), 127 (Secs. 127.41 through 127.52, inclusive), 129
(Secs. 129.15 and 129.16), and 139 (Secs. 139.51, 139.52, 139.53 and
139.61), dealing with the control of coke oven battery operations;
submitted on June 30, 1978 by the Pennsylvania Department of
Environmental Resources.
    (20) Amendments to Chapters 121 (Sec. 121.1), 123 (Secs. 123.22(b)
and 123.45), and 139 (Secs. 139.3, 139.4, 139.13, 139.16, 139.101,
139.102, 139.103, 139.104 and 139.105), dealing with sulfur dioxide
emissions from fuel-burning installations, only as they apply to sources
in the Erie air basin; submitted on April 24, 1979 by Governor
Thornburgh.
    (21) A revision submitted by the Commonwealth of Pennsylvania on
September 20, 1978 to clarify terms and intent of Chapter 121 (relating
to general provisions), Chapter 123 (relating to standards for
contaminants) and Chapter 129 (relating to standards for sources).
[[Page 429]]
    (22) The ``1979 State Implementation Plan (SIP) Submission for the
Attainment of the Photochemical Oxidant Standard in Pennsylvania'' and
``Regulations for Volatile Organic Compounds'' amending Chapters 121,
129, and 139 of the Pennsylvania Code submitted on April 24, 1979, by
the Governor.
    (23) Transportation elements of the SIP for Philadelphia,
Pittsburgh, Allentown-Bethlehem-Easton, and Scranton areas and
commitment to implement vehicle inspection and maintenance in Lehigh and
Northampton Counties submitted on June 7, 1979, by the Governor.
    (24) Transportation element of the SIP for the Wilkes-Barre area
submitted on June 8, 1979, by the Secretary of the Pennsylvania
Department of Environmental Resources.
    (25) Total Suspended Particulate, State Implementation Plan for
Pennsylvania, submitted on June 12, 1979, by the Secretary of the
Pennsylvania Department of Environmental Resources.
    (26) Special Permit Requirements for Sources Locating in or
Significantly Impacting Nonattainment Areas and a revision of Sampling
and Testing methods for total suspended particulate amending Chapters
121, 127, and 139 of the Pennsylvania Code submitted on June 12, 1979,
by the Secretary of the Pennsylvania Department of Environmental
Resources.
    (27) Transportation element for the Harrisburg area submitted on
June 13, 1979, by the Secretary of the Pennsylvania Department of
Environmental Resources.
    (28) Allegheny County Volatile Organic Compound Regulations amending
Chapters I, II, and V of Allegheny County Regulations submitted on June
13, 1979, by the Secretary of the Pennsylvania Department of
Environmental Resources.
    (29) Documentation of the status of transportation/air quality
measures in a letter of August 20, 1979 from the Lackawanna County
Planning Commission.
    (30) Information from the Southwestern Pennsylvania Regional
Planning Commission of September 17, 1979 on the calculation of emission
estimates and the status of certain transportation measures.
    (31) Reclassification of several transportation measures in the
transportation/air quality study for the Allentown-Bethlehem-Easton
area, submitted by the Commonwealth on November 19, 1979.
    (32) Substantiation of TSP planning and attainment schedules
submitted by the Commonwealth on November 28, 1979.
    (33) A revision submitted by the Commonwealth of Pennsylvania on
August 11, 1976 consisting of an amendment to the Pennsylvania Air
Resources Regulations, Chapter 129, Standards for Sources, which relates
to open burning.
    (34) A revision was submitted by the Commonwealth of Pennsylvania on
January 25, 1980, which is intended to establish an Ambient Air Quality
Monitoring Network for the Commonwealth of Pennsylvania and the City of
Philadelphia.
    (35) Amendments to the Pennsylvania Air Resources Regulations,
consisting of the addition of regulations for alternative emission
reduction limitations (Sections 128.11 through 128.13 for Andre
Greenhouses, Inc., and Section 128.14 for the 3M Co.), submitted on
April 16, 1981.
    (36) A revision submitted by the Commonwealth of Pennyslvania on
April 9, 1981 providing for attainment of the SO<INF>2</INF> NAAQS in
portions of Armstrong County, Pennsylvania.
    (37) A revision submitted by the Commonwealth of Pennsylvania on
June 5, 1980, consisting of amendments to Philadelphia's Air Management
Regulations II and III, allowing a limiting resumption of industrial
coal burning.
    (38) A revision submitted by the Commonwealth of Pennsylvania on
December 24, 1980 which is intended to establish an Ambient Air Quality
Monitoring Network for Allegheny County.
    (39) Amendments consisting of minor regulatory changes to Article
III of the Pennsylvania Rules and Regulations for Air Resources
governing Volatile Organic Compounds (VOC) emissions was submitted by
the Commonwealth of Pennsylvania on December 16, 1980.
    (40) A revision submitted by the Commonwealth of Pennsylvania on
November 10, 1980 dividing the Beaver Valley
[[Page 430]]
Air Basin into an Upper Beaver Valley Air Basin and Lower Beaver Valley
Air Basin and revising chapters 121 and 123.
    (41) Revisions submitted by the Commonwealth of Pennsylvania on
April 13, 1981, July 13, 1981 and August 17, 1981 to correct the
conditionally approved and unapproved portions of Pennsylvania 1979
State Implementation Plan.
    (42) A document entitled ``Attainment Demonstration for Total
Suspended Particulate in Nonattainment Area #3, Based Upon Alternate
Emission Reduction Plan for Shenango, Inc.'' in Allegheny County,
including the new section 902 of Article XX, submitted by the
Commonwealth of Pennsylvania on May 18, 1981.
    (43) Amendments to Air Management Regulations II and III, with
supporting documents, submitted by Governor Dick Thornburgh on December
8, 1981, allowing the continued burning of anthracite coal in existing
space heating units currently burning coal.
    (44)  [Reserved]
    (45) Revisions submitted to the Commonwealth of Pennsylvania on
February 23, 1982 to correct the conditionally-approved portions of the
1979 State Implementation Plan, specifically the two asphalt regulations
in Allegheny County.
    (46) A revision submitted by the Acting Secretary of the
Pennsylvania Department of Environmental Resources on December 9, 1981,
which would add an expanded ridesharing program in the Delaware Valley.
    (47) Revisions submitted on July 27, 1981, August 12, 1981, and
September 15, 1981, by the Pennsylvania Department of Environmental
Resources (DER), which will limit the automobile emission Inspection and
Maintenance Program to the urbanized areas of the Pittsburgh and
Allentown-Bethlehem-Easton regions.
    (48) Volatile Organic Compound (VOC) regulations, a generic VOC
bubble regulation, Continuous Emission Monitoring (CEM) regulations and
procedures, and Alternative Opacity Limit regulations submitted by
Pennsylvania to EPA on July 13, 1981, August 17, 1981, August 26, 1981,
and September 4, 1981.
    (49) Group IIVOC regulations, a revision of the Air Episode
Regulations, and an increase in Permit Fees, for Allegheny County, Pa.
These revisions were submitted by Secretary Peter S. Duncan on February
23, 1982.
    (50) Regulations and supporting documents implementing an SO<INF>2</INF>
bubble plan for the U.S. Steel Homestead and Edgar Thomson Works in
Allegheny County, PA. submitted by DER Secretary Peter S. Duncan on
September 16, 1982.
    (51) Regulations and supporting documents implementing a TSP bubble
plan for U.S. Steel Corporation's Fairless Works in Fairless Hills, PA.,
submitted by the Secretary of the Pennsylvania Department of
Environmental Resources on January 6, 1983.
    (52) Regulations and supporting documents implementing a TSP bubble
plan for Bethlehem Steel Corporation's plant in Bethlehem, Pa.,
submitted by the Secretary of the Pennsylvania Department of
Environmental Resources on December 30, 1982.
    (53) Pennsylvania submittal dated September 23, 1982 deleting more
stringent sulfur in residual oil requirements for the Upper Beaver
Valley Air Basin which would have become effective August 1, 1982 and
adding provisions for public notification of air quality levels.
    (54) Revisions submitted by the Commonwealth of Pennsylvania on June
8, 1982 consisting of alternative emission reduction plans for Scott
Paper Company in Chester, PA, Arbogast and Bastian, Inc., in Allentown,
PA, and J. H. Thompson, Inc., in Kennett Square, PA.
    (55) Regulations and supporting documents implementing an
SO<INF>2</INF> bubble plan for U.S. Steel Corporation's Fairless Works
in Fairless Hills, PA was submitted by the Secretary of the Pennsylvania
Department of Environmental Resources on July 7, 1983.
    (56) A State Implementation Plan for the control of lead (Pb)
emissions submitted on September 30, 1982 by the Secretary of
Environmental Resources.
    (57) A revision submitted by the Commonwealth of Pennsylvania on
July 28, 1983, and clarified by letters dated October 28, 1983, February
7, 1984 and June 15, 1984 enables the Commonwealth of Pennsylvania to
implement and enforce the prevention of significant deterioration (PSD)
regulations.
[[Page 431]]
    (58) Revision to Article XX of the Allegheny County SIP were
submitted by the Secretary of the Pennsylvania Department of
Environmental Resources on September 6, 1983.
    (59) A State Implementation Plan for the control of lead (Pb)
emissions in Allegheny County was submitted on September 6, 1983 by the
Secretary of Environmental Resources.
    (60) Amendments consisting of minor regulatory changes to Article
III of the Air Resources Regulations that amend Chapters 121, 123, 127,
129, 131, 139, and 141 was submitted by the Commonwealth of Pennsylvania
on September 23, 1983.
    (61) A State Implementation Plan for the control of lead (Pb)
emissions in Philadelphia was submitted on August 29, 1983 and May 15,
1984 by the Secretary of the Pennsylvania Department of Environmental
Resources.
    (62) A State Implementation Plan for the control of Lead (Pb)
emissions in Pennsylvania was submitted on June 8, 1984 by the Secretary
of the Pennsylvania Department of Environmental Resources.
    (63) The 1982 Ozone and Carbon Monoxide plan, except for the
Inspection and Maintenance portion and the Perchloroethylene Dry
Cleaning regulation, for the Southeastern, Southwestern, and Allentown-
Bethlehem-Easton areas submitted by the Commonwealth on June 30, 1982
and October 24, 1983.
    (64) [Reserved]
    (65) An amendment to Philadelphia Air Management's Regulation VII,
submitted by the Secretary of the Pennsylvania Department of
Environmental Resources on March 28, 1986. The amendment exempts fuel
burning units installed before June 1, 1984, from the provisions of
Regulation VII (Control of Emissions of Nitrogen Oxides from Stationary
Sources).
    (i) Incorporation by reference.
    (A) Air Management Regulation VII, Control of Emission of Nitrogen
Oxides from Stationary Sources, adopted on April 9, 1985.
    (66) A revision to the Pennsylvania State Implementation Plan
adopting a Motor Vehicle Emissions Inspection and Maintenance Program
submitted by the Secretary of the Pennsylvania Department of
Environmental Resources on June 24, 1985 and an amendment submitted
March 13, 1986 by the Chief, Division of Air Resource Management, Bureau
of Air Quality Control, Pennsylvania Department of Environmental
Resources.
    (i) Incorporation by reference.
    (A) Title 75, sections 4703 (a) and (h) and 4706 of the Purdon's
Pennsylvania Consolidated Statutes Annotated and Title 67, Pennsylvania
Code sections 175.41, 177.21, 177.31, 177.32, 177.35, 177.39 and 177.61.
    (B) Bureau of Air Quality Control, Department of Environmental
Resources, State Implementation Plan, Revision for Ozone for I/M, dated
June 17, 1985 and the letter to EPA, dated March 13, 1986.
    (67) Amendment to section 512.G. Extensions, of Article XX, Rules
and Regulations of the Allegheny County Health Department providing
authority to grant compliance date extensions for surface coating and
graphic arts sources, submitted by DER Secretary Nicholas DeBenedictis
on August 13, 1985.
    (i) Incorporation by reference.
    (A) Letter of August 13, 1985 to EPA from the Pennsylvania
Department of Environmental Resources, and Appendix 22, Amendment to
section 512.G., Allegheny County portion of the Pennsylvania State
Implementation Plan (extension of final air pollution compliance dates
for surface coating and graphic arts) adopted by the Board of County
Commissioners of June 27, 1985.
    (68) Revision to the Pennsylvania State Implementation Plan dated
February 13, 1985, which implements two VOC offset transactions between
Paramount Packaging Corporation and National Can Corporation and between
Fres-co Systems USA, and National Can Corporation.
    (i) Incorporation by reference.
    (A) Pennsylvania Department of Environmental Resources, Order for
the External Transfer of Banked Emissions #85-524, signed on March 1,
1985.
    (B) Pennsylvania Department of Environmental Resources, Order for
the External Transfer of Banked Emissions #85-525, signed on March 1,
1985.
[[Page 432]]
    (C) Letter dated August 21, 1985, from the Department of
Environmental Resources to the National Can Corporation.
    (ii) Additional material.
    (A) Narrative submittal dated February 13, 1985, from the Department
of Environmental Resources to EPA.
    (B) Letter dated April 25, 1986, from the Department of
Environmental Resources to EPA.
    (69) Revision to the Allegheny County portion of the Pennsylvania
State Implementation Plan was submitted by the Commonwealth on February
3, 1987.
    (i) Incorporation by reference.
    (A) Amendment to the Allegheny County portion of the Pennsylvania
SIP for Air Pollution Control, Appendix 23, section 533, Abrasive
Blasting, approved on October 9, 1986.
    (B) Letter dated February 3, 1987, from the Commonwealth of
Pennsylvania to EPA.
    (70) Revisions to the Philadelphia Regulations incorporating stack
height regulations, submitted by Pennsylvania on June 2, 1986.
    (i) Incorporation by reference. (A) Amendment to Philadelphia,
Pennsylvania, Air Management Regulation I, Section XI, ``Compliance with
Federal Regulations'', effective on March 27, 1986.
    (71) The permit incorporating polymer resin processes RACT
requirements for ARCO's Monaca plant, submitted by acting DER Secretary
John Krill on January 14, 1987.
    (i) Incorporation by reference.
    (A) The entire permit (No. 04-313-052) and plan approval; issued and
effective December 9, 1986.
    (72) The permit incorporating SOCMI air oxidation RACT requirements
for IMC's Allentown plant, submitted by acting DER Secretary John Krill
on January 14, 1987.
    (i) Incorporation by reference.
    (A) The entire permit (No. 39-313-014) and plan approval; issued and
effective December 10, 1986.
    (73) Good engineering practice stack height regulations were
submitted by the Secretary, Pennsylvania Department of Environmental
Resources on July 19, 1988.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental
Resources dated July 19, 1988, submitting a revision to the Pennsylvania
State Implementation Plan.
    (B) Amendments to Pennsylvania regulations, title 25, part I,
subpart C, article III; chapters 121 (definitions) and 141 (variances
and alternate standards) adopted May 14, 1988.
    (ii) Additional materials.
    (A) Remainder of the State submittal including the letter of
commitment dated March 11, 1986, from the Department of Environmental
Protection stating that new source review shall be conducted in
accordance with the good engineering practice requirements of 40 CFR
part 51.
    (74) Revisions to the State Implementation Plan submitted by the
Pennsylvania Department of Environmental Resources on January 11, 1991.
    (i) Incorporation by reference. (A) Letter from the Pennsylvania
Department of Environmental Resources dated January 11, 1991 submitting
a revision to the Pennsylvania State Implementation Plan.
    (B) Amendment to 25 Pa. Code Chapter 123.51 ``Monitoring
Requirements'', concerning continuous nitrogen oxides monitoring,
effective October 20, 1990.
    (ii) Additional materials. (A) Remainder of the State Implementation
Plan revision request submitted by the Pennsylvania Department of
Environmental Resources on January 11, 1991.
    (75) Revisions to the State Implementation Plan submitted by the
Pennsylvania Department of Environmental Resources on January 8, 1991.
    (i) Incorporation by reference. (A) Letter from the Pennsylvania
Department of Environmental Resources dated January 8, 1991 submitting a
revision to the Pennsylvania State Implementation Plan.
    (B) Revisions to Pennsylvania Department of Environmental Resources'
Air Quality Regulations, Sec. 137.3, subsections (2), (3), (4), and
introductory paragraph, effective June 9, 1990.
    (ii) Additional materials. (A) Remainder of State submittal, dated
January 8, 1991.
    (76) Revisions to the State Implementation Plan (SIP) submitted by
the
[[Page 433]]
Pennsylvania Department of Environmental Resources (PADER) on January
11, 1991.
    (i) Incorporation by reference.
    (A) A letter from PADER dated January 11, 1991 submitting a revision
to the Pennsylvania SIP.
    (B) Title 25 PA. Code, Chapter 121, Section 121.1--Definition of
VOC.
    (77) Revision to the State Implementation Plan submitted by the
Pennsylvania Department of Environmental Resources on February 23, 1987,
at the request of Philadelphia Air Management Services.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental
Resources dated February 23, 1987, submitting a revision to the
Philadelphia portion of the Pennsylvania Ozone State Implementation
Plan.
    (B) Regulation V, Section I, ``Definitions'' for the terms Petroleum
Solvents and Petroleum Solvent Dry Cleaning; and Section XI, ``Petroleum
Solvent Dry Cleaning'' effective November 28, 1986.
    (C) Compliance Guidelines, for Air Management Regulation V,
``Control of Emission of Organic Substances from Stationary Sources,''
Section XI: Petroleum Solvent Dry Cleaning'' effective November 28, 1986
(containing amendments and revisions through February 29, 1988).
    (78) Revisions to the State Implementation Plan submitted by the
Pennsylvania Department of Environmental Resources on September 9, 1991.
The effective date of the regulation submitted is May 23, 1988.
    (i) Incorporation by reference. (A) A letter from the Pennsylvania
Department of Environmental Resources dated September 9, 1991 submitting
a revision to the Pennsylvania State Implementation Plan.
    (B) Section XIII, Process Equipment Leaks of Philadelphia Air
Management Regulation V--Control of Emissions of Organic Substances from
Stationary Sources. The effective date of the regulation submitted is
May 23, 1988.
    (C) Compliance Guidelines for Philadelphia Air Management Regulation
V, Section XIII. The effective date of the compliance guidelines
submitted is May 23, 1988.
    (ii) Additional materials. (A) Remainder of the May 23, 1988 State
submittal.
    (79) Revisions to the State Implementation Plan submitted by the
Pennsylvania Department of Environmental Resources on August 15, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental
Resources dated August 15, 1991 submitting revision to the Pennsylvania
State Implementation Plan, pertaining to Chapters 121 and 129 of the
Pennsylvania regulations pertaining to Stage I vapor recovery, surface
coating, graphic arts, deletion of the generic bubble regulation,
recordkeeping, gasoline marketing, pharmaceutical products, and
compliance schedules.
    (B) The definitions of bulk gasoline plant, bulk gasoline terminal,
clear coat, and miscellaneous metal parts and products found in Chapter
121.1, Chapter 129.51 (a) (1) through (6), (b), and (c), Chapter 129.52
(a) through (e), Table I, 10.(a) topcoats for locomotives and heavy-duty
trucks and 10.(b) hopper cars and tank car interiors, deletion of
Chapter 129.53 (now reserved), Chapter 129.54, Chapter 129.59, Chapter
129.60, Chapter 129.61, Chapter 129.66, Chapter 129.67, and Chapter
129.68 published in the Pennsylvania Bulletin dated August 3, 1991 (Vol.
21, no. 31, pages 3406-3416). These regulations were made effective on
August 3, 1991.
    (80) Revision to the Allegheny County portion of the Pennsylvania
State Implementation Plan submitted on July 13, 1987, which consists of
the addition of an installation permit (86-I-0024-P) which defines and
imposes RACT to control VOC emissions from air oxidation processes at
the Aristech Chemical Corporation plant on Neville Island.
    (i) Incorporation by reference.
    (A) A letter from the Pennsylvania Department of Environmental
Resources dated July 13, 1987, submitting revisions to the Allegheny
County portion of the Pennsylvania ozone State Implementation Plan.
    (B) The original permit (86-I-0024-P), issued and effective August
28, 1986, and the modification and amendments to the original permit,
issued and effective March 3, 1987.
[[Page 434]]
    (81) Revisions to the State Implementation Plan submitted by the
Pennsylvania Department of Environmental Resources on January 11, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental
Resources dated January 11, 1991 submitting a revision to the
Pennsylvania State Implementation Plan.
    (B) The following revised regulations, effective October 27, 1990:
Sections 121.1 (Definitions of ``combustion efficiency,''
``incinerator,'' ``municipal waste,'' ``municipal waste incinerator,''
and ``resource recovery unit'' only); 123.25 (b), (c), and (e); 129.18
(entire section); 139.101 (7), (16) and introductory paragraph;
139.103(2); 139.104(2); 139.111 (1), (2), (3).
    (ii) Additional material.
    (A) Remainder of the January 11, 1991 State submittal.
    (82) Revision to the State Implementation Plan submitted by the
Pennsylvania Department of Environmental Resources on February 23, 1987
at the request of Philadelphia Air Management Services.
    (i) Incorporated by reference. (A) Letter from the Pennsylvania
Department of Environmental Resources dated February 23, 1987 submitting
a revision to the Philadelphia portion of the Pennsylvania Ozone State
Implementation Plan effective November 28, 1986.
    (B) Regulation V, Section I, ``Definitions'' for the term
Pharmaceutical Tablet Coating; and Section XII, ``Pharmaceutical Tablet
Coating'' only.
    (C) Compliance Guidelines for Air Management Regulation V, ``Control
of Emissions of Organic Substances from Stationary Sources,'' Section
XII: ``Pharmaceutical Tablet Coating,'' effective November 28, 1986,
(containing amendments and revisions through February 29, 1988).
    (83) Revisions to the State Implementation Plan submitted by the
Pennsylvania Department of Environmental Resources on February 23, 1987.
    (i) Incorporation by reference. (A) A letter from the Pennsylvania
Department of Environmental Resources dated February 23, 1987 submitting
a revision to the Pennsylvania State Implementation Plan.
    (B) A revision to Section I--Definitions--for the term Volatile
Organic Compound (VOC) of Philadelphia Air Management Regulation V
``Control of Emissions of Organic Substances from Stationary Sources.''
The effective date is November 28, 1986.
    (C) The addition of Section X--Compliance with Pennsylvania
Standards for VOC to Philadelphia Air Management Regulation V. The
effective date is November 28, 1986.
    (ii) Additional materials. (A) The remainder of the Commonwealth's
February 23, 1987, submittal.
    (84) Revisions to the Pennsylvania Air Pollution Control Regulations
submitted on November 13, 1991, by the Pennsylvania Department of
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 13, 1991, from the Pennsylvania Department of
Environmental Resources transmitting revised regulations for the control
of volatile organic compound (VOC) emissions.
    (B) Title 25 Pa. Code, chapter 121, section 121.1 (Definition of
``Organic Liquid Cargo Vessel'' only) and chapter 129, section 129.81
(Organic Liquid Cargo Vessel Loading and Ballasting), effective
September 28, 1991.
    (ii) Additional material.
    (A) Remainder of the November 13, 1991, State submittal.
    (85) Revisions to the Pennsylvania Regulations submitted on October
16, 1991, by the Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental
Resources dated October 16, 1991 transmitting revisions to the Allegheny
County portion of the Pennsylvania State Implementation Plan.
    (B) Revisions to the following provisions of Article XX, Rules and
Regulations of the Allegheny County Health Department, Air Pollution
Control, adopted on August 8, 1991, and effective August 26, 1991:
    (1) Section 101-Added definitions for the following terms: capture
efficiency, potential uncontrolled emission rate, and transfer
efficiency; revised and renumbered definitions for the following
[[Page 435]]
terms: bulk gasoline plant, bulk gasoline terminal, clear coat,
miscellaneous metal parts and products, and volatile organic compound
(VOC).
    (2) New Section 501 added; existing Section 510 deleted.
    (3) Section 504 (entire section).
    (4) Section 505, subsections A, B, and D, and Table I.
    (5) Section 507, subsection B.
    (6) Section 508, subsections C, D, E, G, and H.
    (7) Section 512-New subsection A (added), subsection B (former
subsection H); existing subsections A-G and I are deleted.
    (8) Section 531, subsections A, B, and C.
    (9) Section 534, subsections B and C.
    (10) Deletion of Section 506 that was in effect before August 26,
1991.
    (86) Revisions to the Pennsylvania Regulations for reasonably
available control technology (RACT) to control fugitive organic chemical
manufacturing industries, Article XX of the Rules and Regulations of the
Allegheny County Health Department, section 534 and 605 I submitted on
July 13, 1987, by the Pennsylvania Department of Environmental Resources
(DER).
    (i) Incorporation by reference.
    (A) Letter of July 13, 1987, from the Pennsylvania Department of
Environmental Resources transmitting regulations for the control of
``Synthetic Organic Chemical and Polymer Manufacturing-Fugitive
Sources'' and the associated test method, EPA method 21.
    (B) Article XX, of the Rules and Regulations of the Allegheny County
Health Department, section 534 and 605 I, effective June 10, 1987.
    (87) Revisions to the Pennsylvania State Implementation Plan
submitted on March 29, 1993, by the Pennsylvania Department of
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of March 22, 1993, from the Pennsylvania Department of
Environmental Resources transmitting plan approval no. 46-326-001A and
operating permit no. 46-326-001A for Knoll Group, P.O. Box 157, East
Greenville, PA.
    (B) Plan approval no. 46-326-001A and operating permit no. 46-326-
001A which consist of emission standards, operating conditions and
recordkeeping requirements applicable to Knoll Group, a wood furniture
surface coater located in Montgomery County, PA, which is in the
Philadelphia severe ozone nonattainment area. These requirements
together are being approved as reasonably available control technology
(RACT) for this wood furniture surface coater. The effective date of the
plan approval and the operating permit is March 24, 1993.
    (ii) Additional material.
    (A) Remainder of March 29, 1993, Pennsylvania submittal consisting
of a Background Information document prepared by Pennsylvania in support
of the RACT proposal for Knoll, an evaluation of control options
performed for Knoll by a contractor, public comments and responses, and
a chart and computer diskette (LOTUS 1-2-3) showing how RACT
calculations will be performed.
    (88) Revisions to the Pennsylvania Regulations for an oxygenated
gasoline program submitted on November 12, 1992 by the Pennsylvania
Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 12, 1992 from the Pennsylvania Department of
Environmental Resources transmitting the oxygenated gasoline regulation
as a SIP revision.
    (B) Revisions to 25 PA Code Chapter 121, General Provisions, section
121.1 Definitions and the addition of section 126.1 Oxygenate Content of
Gasoline to 25 PA Code Chapter 126, Standards for Motor Fuels. These
revisions became effective August 29, 1992.
    (C) The correction in 25 PA Code Chapter 121, General Provisions,
section 121.1 Definitions in the definition of ``oxygenated gasoline''.
This correction became effective October 24, 1992.
    (ii) Additional Material.
    (A) Remainder of Pennsylvania State submittal.
    (B) [Reserved]
    (89) Revisions to the Pennsylvania Regulations, Chapter 129.82
pertaining to Stage II Vapor Recovery and the associated definition of
gasoline dispensing facilities in Chapter 121.1 submitted on March 4,
1992, by the Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
[[Page 436]]
    (A) Letter of March 4, 1992, from the Pennsylvania Department of
Environmental Resources transmitting Chapter 121.1, definition of
gasoline dispensing facilities, and Chapter 129.82 pertaining to
regulations for Stage II vapor recovery in moderate, serious and severe
ozone nonattainment areas in the Commonwealth.
    (B) Pennsylvania Bulletin (Vol. 22, No. 8) dated February 8, 1992,
containing the definition of gasoline dispensing facility in Chapter
121.1 and the Stage II vapor recovery regulations contained in Chapter
129.82, effective on February 8, 1992.
    (ii) Additional material.
    (A) Remainder of March 4, 1992, State submittal.
    (90) Revisions to the Allegheny County portion of the Pennsylvania
SIP to adopt the PM-10 NAAQS and fulfill other Group III requirements,
submitted on November 8, 1988 by the Pennsylvania Department of
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 8, 1988 from the Pennsylvania Department of
Environmental Resources transmitting revisions to Article XX of
Allegheny County Health Department Rules and Regulations.
    (B) Revisions to the following sections of Article XX of Allegheny
County Health Department Rules and Regulations, effective August 22,
1988:
    (1) Section 101, Definitions (definition of ``PM10'').
    (2) Section 109, Ambient Air Quality Standards.
    (3) Section 527, Areas Subject to Sections 521 through 526 (various
fugitive dust measures).
    (4) Section 613, Ambient Measurements.
    (5) Section 704, Episode Criteria.
    (6) Section 801, Definitions. (Definitions of ``Attainment area,''
``Nonattainment area,'' ``Significant air quality impact,'' and
``Unclassified area'')
    (7) Appendix 1, Attainment, Unclassifiable and Nonattainment Areas
of Allegheny County: deleted.
    (ii) Additional material.
    (A) Remainder of the November 8, 1988 submittal pertaining to the
Allegheny County portion of the Pennsylvania SIP to adopt the PM-10
NAAQS and fulfill other Group III requirements.
    (91) Revisions to the Allegheny County portion of the Pennsylvania
SIP to reduce PM-10 emissions and visible emissions from several
categories of fugitive dust sources, submitted on December 31, 1992 by
the Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of December 31 1992 from the Pennsylvania Department of
Environmental Resources transmitting revisions to Article XX of
Allegheny county Health Department Rules and Regulations.
    (B) Revisions to the following sections of Article XX of Allegheny
County Health Department Rules and Regulations, effective November 1,
1992.
    (1) Section 402, Particulate Mass Emissions (Paragraph A--Fuel
Burning or Combustion Equipment)
    (2) Section 520, Coke Ovens (Paragraph J--Compliance Schedule)
    (3) Section 521, Permit Source Premises.
    (4) Section 521.1, Non-Permit Source Premises.
    (5) Section 523, Permit Source Transport.
    (6) Section 523.1, Non-Permit Source Transport.
    (7) Section 524, Construction and Land Clearing.
    (8) Section 527, Areas Subject to Sections 521 through 526.
    (9) Section 602, Particulate Matter (test methods).
    (10) Section 606, Visible Emissions (measurement).
    (11) Section 607, Coke Oven Emissions (measurement).
    (12) Section 608, Coke Oven Gas (measurement of hydrogen sulfide
content).
    (ii) Additional material.
    (A) Remainder of the December 31, 1992 submittal pertaining to the
Allegheny County portion of the Pennsylvania SIP to reduce PM-10
emissions and visible emissions from several categories of fugitive dust
sources.
    (92) Revisions to the Allegheny County portion of the Pennsylvania
SIP to reduce PM-10 emissions including the
[[Page 437]]
newly created Allegheny County Article XXI which both revised and added
emission reduction requirements for certain industrial boilers, various
emission points at US Steel's Clairton Coke Works and the Glassport
Transportation Center, new definitions related to coke oven gas
emissions, and new test methods for particulate matter; submitted by the
Pennsylvania Department of Environmental Resources on January 6, 1994
and effective February 1, 1994.
    (i) Incorporation by reference.
    (A) Letter of January 6, 1994 from the Pennsylvania Department of
Environmental Resources transmitting Article XXI of Allegheny County
Health Department Rules and Regulations.
    (B) The newly created Article XXI of Allegheny County Health
Department Rules and Regulations in its entirety, effective February 1,
1994.
    (1) Part A (sections 2101 et seq.), General, reserved in part:
    (i) Section 2101. Short Titles.
    (ii) Section 2101.3, Effective Date and Repealer.
    (iii) Section 2101.20, Definitions.
    (2) Part B (sections 2102 et seq.), Installation Permits, reserved.
    (3) Part C (sections 2103 et seq.), Operating Permits and Licenses,
reserved.
    (4) Part D (sections 2104 et seq.), Pollutant Emission Standards,
reserved in part.
    (i) Section 2104.6, Particulate Mass Emissions, replaces section 402
of Article XX.
    (5) Part E (sections 2105 et seq.), Sources Emission and Operating
Standards, reserved in part.
    (i) Section 2105.21, Coke Ovens and Coke Oven Gas, replaces section
520.B. through 520.J. and section 530 of Article XX.
    (ii) Section 2105.49, Fugitive Emissions, replaces section 528 of
Article XX.
    (6) Part F (sections 2106 et seq.), Air Pollution Episodes,
reserved.
    (7) Part G (sections 2107 et seq.), Methods, reserved in part:
    (i) Section 2107.1, General.
    (ii) Section 2107.2, Particulate Matter.
    (8) Part H (sections 2108 et seq.), Compliance, reserved.
    (9) Part I (sections 2109 et seq.), Enforcement, reserved.
    (ii) Additional material.
    (A) Remainder of the January 6, 1994 State submittal.
    (93)  [Reserved]
    (94) Revision to the Commonwealth of Pennsylvania Volatile Organic
Compound (VOC) Regulations, amending 25 Pa Code Chapters 121--General
Provisions and Chapter 129--Standards for Sources submitted on August
19, 1992, by the Pennsylvania Department of Environmental Resources
(PADER).
    (i) Incorporation by reference.
    (A) A letter of August 19, 1992, from PADER transmitting a state
implementation plan revision which corrects deficiencies and adds
requirements for the control of VOCs from surface coating, pneumatic
rubber tire manufacturing, graphic arts and synthetic organic chemical
manufacturing industry equipment leaks.
    (B) 25 Pa Code, Chapter 121, Sec. 121.4; and 25 Pa Code, Chapter
129, Secs. 129.51, 129.52, 129.62, 129.66, 129.67, 129.69, 129.71 and
129.72, submitted on August 19, 1992 and effective on May 23, 1992.
    (95)  [Reserved]
    (96) Revisions to the Commonwealth of Pennsylvania Regulations State
Implementation Plan submitted on November 12, 1992 by the Pennsylvania
Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 12, 1992 from the Pennsylvania Department of
Environmental Resources transmitting a revised regulation to establish
emission statements requirements annually for sources of nitrogen oxides
and volatile organic compounds.
    (B) Revisions to amend 25 Pa. Code, specifically to include section
135.5 and section 135.21. Effective on October 10, 1992.
    (97) Revisions to the Pennsylvania State Implementation Plan
submitted by the Secretary, Pennsylvania Department of Environmental
Protection on December 31, 1992.
    (i) Incorporation by reference.
    (A) Letter dated December 31, 1992 from the Secretary, Pennsylvania
Department of Environmental Protection, submitting a revision to the
Allegheny
[[Page 438]]
County portion of the Pennsylvania State Implementation Plan.
    (B) Addition of new section E to the Allegheny County Health
Department-Bureau of Air Pollution Control (ACHD) Rules and Regulations,
Article XX, Chapter II (Inspections, Reporting, Tests and Monitoring),
Sec. 202 (Reporting Requirements) were effective on October 8, 1992.
This revision consists of an emission statement program for stationary
sources which emit volatile organic compounds (VOCs) and/or nitrogen
oxides (NO<INF>X</INF>) at or above specified actual emission threshold
levels. This program applies to stationary sources within the county of
Allegheny.
    (ii) Additional material.
    (A) Remainder of December 31, 1992 state submittal pertaining to
Pennsylvania Emission Statement Program.
    (98) Revisions to the Pennsylvania Regulations Chapter 129.91
submitted on January 6, 1995 by the Pennsylvania Department of
Environmental Resources:
    (i) Incorporation by reference.
    (A) Two letters both dated January 6, 1995 from the Pennsylvania
Department of Environmental Resources transmitting source-specific VOC
and/or NOx RACT determinations in the form of plan approvals and/or
operating permits for the following sources: ESSROC Materials, Inc.
(Northampton Co.)--cement manufacturer; Pennsylvania Power & Light--
Brunner Island SES (York Co.)--utility, PPG Industries, Inc. (Cumberland
Co.)--glass manufacturer; Stroehmann Bakeries, Inc. (Dauphin Co.)--
bakery; GE Transportation Systems (Erie Co.)--utility; J.E. Baker/DBCA
Refractory Facility (York Co.)--dolomitic refractory facility; Lafarge
Corp. (Lehigh Co.)--cement manufacturer; West Penn Power Company--
Armstrong Power Station (Armstrong Co.), utility. In addition, the plan
approval for Plain n' Fancy Kitchens, Inc. (Lebanon Co., kitchen cabinet
surface coating) containing provisions limiting this source as a
synthetic minor source (below RACT threshold level of 50 TPY potential
VOC emissions) is being approved.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) ESSROC Materials, Inc.--PA 48-0004A, effective December 20,
1994, except conditions (7)(a), (7)(b), (7)(d), (8)(a), (8)(b), (8)(d),
(10), (16) through (19) pertaining to particulate matter or
SO<INF>2</INF> requirements and condition (25)(d) and (e) pertaining to
compliance date extensions, and the expiration date of the plan
approval.
    (2) Pennsylvania Power & Light--Brunner Island SES--PA 67-2005,
effective December 22, 1994, except condition 2.d. and e. pertaining to
compliance date extensions, and the expiration date of the plan
approval.
    (3) PPG Industries, Inc.--OP 21-2002, effective December 22, 1994,
except the expiration date of the operating permit.
    (4) Stroehmann Bakeries, Inc.--PA 22-2003, effective December 22,
1994, except condition 9.d. and e. pertaining to compliance date
extensions and the expiration date of the plan approval.
    (5) GE Transportation Systems--Erie--OP 25-025, effective December
21, 1994, except for condition 9 pertaining to pollutants other than VOC
and NO<INF>X</INF>.
    (6) J.E. Baker/DBCA Refractory Facility--OP 67-2001, effective
December 22, 1994, except the expiration date of the operating permit.
    (7) Lafarge Corp.--PA 39-0011A, effective December 23, 1994, except
for condition (4)(d) and (e) pertaining to compliance date extensions,
condition (8) pertaining to sulfur in fuel requirements, those in
condition (9) not pertaining to VOC or NO<INF>X</INF>, and the
expiration date of the plan approval, and OP 39-0011, effective December
23, 1994, except conditions (8), (9), and (13) through (15), pertaining
to sulfur in fuel requirements, and the expiration date of the operating
permit.
    (8) West Penn Power Company--Armstrong Power Station--PA 03-000-023,
effective December 29, 1994, except for the expiration date of the plan
approval and condition 5. pertaining to VOC and condition 9. pertaining
to a facility-wide NO<INF>X</INF> cap, PA 03-306-004 (for unit 2),
effective March 28, 1994, except for condition 12. (d) and (e),
pertaining to compliance date extensions, and the expiration date of the
plan approval, and PA 03-306-006 (for unit 1), effective November 22,
1994, except for condition 13. (d) and (e), pertaining to compliance
date extensions, and the expiration date of the plan approval.
[[Page 439]]
    (9) Plain n' Fancy Kitchens, Inc.--PA 38-318-019C, effective
December 23, 1994, except for condition 2.d. and e., pertaining to
compliance date extensions, and the expiration date of the plan
approval.
    (99) Revisions to the Pennsylvania implementation plan for Allegheny
County pertaining to the operation and maintenance of certain air
pollution control devices at USX Corporation's Clairton Works submitted
on April 26, 1995 by the Pennsylvania Department of Environmental
Resources:
    (i) Incorporation by reference.
    (A) Letter of April 26, 1995 from Mr. James M. Seif, Secretary,
Pennsylvania Department of Environmental Resources transmitting a SIP
revision for Allegheny County regarding USX Corporation's Clairton
Works.
    (B) Portions of an enforcement order and agreement entered into by
and between the Allegheny County Health Department and USX Corporation
on November 17, 1994 (Enforcement Order No. 200 Upon Consent).
Specifically, the introductory section (pages 1-2), the section
entitled, ``I. Order'' (pages 2-6), and attachments C and D to the
enforcement order and agreement which list the relevant pollution
control equipment. The Agreement was effective on November 17, 1994.
    (ii) Additional material.
    (A) Remainder of Pennsylvania's December 9, 1993 submittal.
    (100) Revisions to Article XX (Air Pollution Control) of the
Allegheny County Health Department Rules and Regulations submitted on
September 25, 1989 by the Pennsylvania Department of Environmental
Resources:
    (i) Incorporation by reference.
    (A) Letter of September 25, 1989 from the Pennsylvania Department of
Environmental Resources transmitting revisions to Article XX (Air
Pollution Control) of the Allegheny County Health Department Rules and
Regulations governing visible emissions.
    (B) Revision to Article XX, Section 401.B (Visible Emissions-
Exclusion) and deletion of Article XX, Section 518 (Blast Furnace
Slips), effective July 1, 1989.
    (ii) Additional material.
    (A) Remainder of September 25, 1989 State submittal pertaining to
Article XX, Sections 401 and 518.
    (101) Revisions to the State Implementation Plan submitted by the
Pennsylvania Department of Environmental Resources regarding RACT
requirements for two Stroehmann Bakeries, Inc. facilities located in
Lycoming and Bradford Counties, submitted on February 24, 1995.
    (i) Incorporation by reference.
    (A) Letter of February 24, 1995 from the Pennsylvania Department of
Environmental Resources submitting a revision to the State
Implementation Plan.
    (B) Plan Approval Nos. PA-41-0001 and PA-08-0001 and Operating
Permit Nos. OP-41-0001A and OP-08-0001A, issued and effective February
9, 1995.
    (ii) Additional material.
    (A) Remainder of the State Implementation Plan revision request
submitted by the Pennsylvania Department of Environmental Resources on
February 24, 1995, pertaining to the Plan Approvals and Operating
Permits listed above.
    (102) Revisions to the Pennsylvania Regulations Chapter 129.91
submitted on January 6, 1995, April 24, 1995 and May 31, 1995 by the
Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Four letters, two dated January 6, 1995, one dated April 24,
1995, and one dated May 31, 1995, from the Pennsylvania Department of
Environmental Resources transmitting source-specific VOC and/or NOx RACT
determinations in the form of plan approvals and/or operating permits
for the following sources: (1) PECO Energy--Eddystone (Delaware Co.)--
utility, (2) Gilberton Power Company (Schuylkill Co.)--utility, (3)
Bethlehem Steel Structural Products Corp. (Northampton Co.)--steel
manufacturer, (4) Westwood Energy Properties, Inc. (Schuylkill Co.)--
utility, (5) PECO Energy Co.--Front Street (Montgomery Co.)--utility,
(6) Crawford Furniture Manufacturing Corp. (Clarion Co.)--furniture
manufacturer, (7) Schuylkill Energy Resources (Schuylkill Co.)--
cogeneration plant, (8) Panther Creek Partners (Carbon Co.)--utility,
(9) Columbia Gas Transmission Co.--Milford (Pike Co.), (10)
[[Page 440]]
Texas Eastern Transmission Corp.--Entriken (Huntingdon Co.)--Natural gas
pipeline compressor station, (11) Columbia Gas Transmission Corp.--
Greencastle (Franklin Co.). In addition, the operating permit for Lord
Corporation (Erie Co.), aerospace surface coating operation containing
provisions limiting this source as a synthetic minor source (below RACT
threshold level of 50 TPY potential VOC emissions) is being approved.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) PECO Energy--Eddystone--PA 23-0017, effective December 28, 1994,
except the expiration date of the plan approval, and OP 23-0017,
effective December 28, 1994, except the expiration date of the operating
permit and conditions 6.C.(1) through (7), 6.D.(1)(c), 7.C.(1) through
(5), 7.D.(1)(a) and 8.D.(1)(a) pertaining to SO<INF>2</INF> or PM10
requirements.
    (2) Gilberton Power Company--OP 54-0004, effective December 20,
1994, except the expiration date of the operating permit and condition 5
pertaining to SO<INF>2</INF> and PM10 requirements.
    (3) Bethlehem Structural Products Corp.--OP 48-0010, effective
December 20, 1994, except the expiration date of the operating permit,
OP 48-0013, effective December 20, 1994, except the expiration date of
the operating permit and condition (11)(d) through (f) pertaining to
sulfur and metals, OP 48-0014, effective December 20, 1994, except the
expiration date of the operating permit and conditions (8) and (9)
pertaining to particulate matter, and OP 48-0015, effective December 20,
1994, except the expiration date of the operating permit and conditions
(9) and (10) pertaining to visible emissions and particulate matter.
    (4) Westwood Energy Properties, Inc.--OP 54-0006, effective December
27, 1994, except the expiration date of the operating permit and the
particulate and SO<INF>2</INF> emission limitations in condition (5).
    (5) PECO Energy Company--Front Street--OP 46-0045, effective March
31, 1995, except the expiration date of the operating permit.
    (6) Crawford Furniture Manufacturing Corp.--OP 16-021, effective
March 27, 1995.
    (7) Schuylkill Energy Resources--OP 54-0003, effective May 19, 1995,
except the expiration date of the operating permit.
    (8)  [Reserved]
    (9) Columbia Gas Transmission Company--Milford--OP 52-0001,
effective May 19, 1995, except the expiration date of the operating
permit.
    (10) Texas Eastern Transmission Corp.--OP 31-2003, effective May 16,
1995, except the expiration date of the operating permit.
    (11) Columbia Gas Transmission Corp.--Greencastle--OP 28-2003,
effective April 21, 1995, except the expiration date of the operating
permit.
    (12) Lord Corporation--OP 25-095, effective March 30, 1995.
    (103) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NOx RACT and 1990 baseyear emissions inventory for
one source, submitted on January 6, 1995, May 10, 1995, May 31, 1995,
August 11, 1995 (as amended on November 15, 1995), October 24, 1995, and
December 8, 1995 by the Pennsylvania Department of Environmental
Resources (now known as the Pennsylvania Department of Environmental
Protection):
    (i) Incorporation by reference.
    (A) Nine letters: three dated January 6, 1995, and one each dated
May 10, 1995, May 31, 1995, August 11, 1995, October 24, 1995, November
15, 1995, and December 8, 1995 from the Pennsylvania Department of
Environmental Resources (now known as the Pennsylvania Department of
Environmental Protection) transmitting source specific VOC and/or NOx
RACT determinations in the form of plan approvals or operating permits
for the following sources: Tennessee Gas Pipeline Company--Station 313
(Potter Co.)--natural gas transmission and gas storage station; Corning
Asahi Video Products Company (Centre Co.)--glass manufacturer; Columbia
Gas Transmission Company--Easton station (Northampton Co.)--natural gas
compressor station, (4) Texas Eastern Transmission Corporation--Bedford
(Bedford Co.)--natural gas compressor station; Texas Eastern
Transmission--Marietta (Lancaster Co.)--natural gas compressor station;
Hercules Cement Company (Northampton Co.)--cement manufacturer;
[[Page 441]]
Lone Star Industries (Northampton Co.)--cement manufacturer;
Pennsylvania Power and Light--Montour SES (Montour Co.)--utility;
Pennsylvania Electric Company--Shawville (Clearfield Co.)--utility; Zinc
Corporation of America--Monaca (Beaver Co.)--zinc smelting; Procter and
Gamble Paper Products--Mehoopany (Wyoming Co.)--pulp and paper making
facility. In addition, the operating permit for Columbia Gas
Transmission Corporation--Union City (Erie Co.), a natural gas
compressor station, containing provisions limiting this source as a
synthetic minor source (below RACT threshold level of 100 tons per year
of potential NOx emissions) is being approved.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) Tennessee Gas Pipeline Company--Station 313--PA 53-0001,
effective November 27, 1995, except the expiration date of the plan
approval and the portion of condition #6 pertaining to CO emissions, OP
53-0001, effective November 27, 1995, except the expiration date of the
operating permit, condition #21 pertaining to prevention of significant
deterioration and the portions of condition #22 pertaining to CO
emissions, and Compliance permit (CP) 53-0001, effective November 27,
1995, except the expiration date of the compliance permit.
    (2) Corning Asahi Video Products Company--OP 14-0003, effective
December 27, 1994, except the expiration date of the operating permit,
OP 14-309-010A, effective May 5, 1994, except the expiration date of the
operating permit and condition #6 and 7, pertaining to particulate
matter and arsenic, OP 14-309-009C, effective August 18, 1994, except
the expiration date of the operating permit and conditions #12 and 14,
pertaining to particulate matter and lead, and OP 14-309-037A, effective
May 5, 1994, except the expiration date of the operating permit and
conditions #10, 11, 12, and 15, pertaining to particulate matter,
fluorides and arsenic.
    (3) Columbia Gas Transmission Company--Easton--OP 48-0001, effective
May 19, 1995, except the expiration date of the operating permit and PA
48-0001A, effective May 19, 1995, except the expiration date of the plan
approval.
    (4) Texas Eastern Transmission Corporation--Bedford--OP 05-2007,
effective May 16, 1995, except the expiration date of the operating
permit.
    (5) Texas Eastern Transmission Corporation--Marietta--PA 36-2025,
effective May 16, 1995, except the expiration date of the plan approval
and condition #2, pertaining to compliance date extensions.
    (6) Hercules Cement Company--PA 48-0005A, effective December 23,
1994, except the expiration date of the plan approval and condition #4,
pertaining to compliance date extensions, and all the following
conditions that do not pertain to VOC or NO<INF>X</INF> RACT: #10(a),
(b) and (d), #11(a), (b) and (d), #12(a), (b) and (d), #13(a), (b) and
(d), #14, #15, #21 through 24, #30, pertaining to compliance date
extensions and OP 48-0005, effective December 23, 1994, except the
expiration date of the operating permit and conditions #8 and 9,
pertaining to particulate matter.
    (7) Lone Star Industries--OP 48-0007, effective December 20, 1994,
except the expiration date of the operating permit.
    (8) Pennsylvania Power & Light--Montour SES--PA 47-0001A, effective
December 27, 1994, except the expiration date of the plan approval and
condition #14, pertaining to compliance date extensions and OP 47-0001,
effective December 27, 1994, except the expiration date of the operating
permit.
    (9) Pennsylvania Electric Company--Shawville--PA 17-0001, effective
December 27, 1994, except the expiration date of the plan approval and
condition #19, pertaining to compliance date extensions.
    (10) Zinc Corporation of America--Monaca--OP 04-000-044, effective
December 29, 1994, except for the expiration date of the operating
permit and those portions of conditions #8 and 9 pertaining to CO and
PM<INF>10</INF>.
    (11) Procter and Gamble Paper Products Company--Mehoopany--OP 66-
0001, effective December 20, 1994, except the expiration date of the
operating permit and PA 66-0001A, effective December 20, 1994, except
the expiration date of the plan approval and condition #4, pertaining to
compliance date extensions, those portions of condition #5, pertaining
to CO, SO<INF>2</INF> or particulate
[[Page 442]]
matter, and condition #17, pertaining to odor.
    (12) Columbia Gas Transmission Corporation--Union City--OP 25-892,
effective April 11, 1995 except the portion of condition #8, pertaining
to compliance date extensions.
    (ii) Additional Material.
    (A) Remainder of January 6, 1995, May 10, 1995, May 31, 1995, August
11, 1995, October 24, 1995, and December 8, 1995 State submittals.
    (B) Additional clarifying material submitted by Pennsylvania: Letter
dated July 18, 1995 from Matthew M. Williams, Air Pollution Control
Engineer, Pennsylvania DEP, to Steve H. Finch, Vice President,
Environmental Affairs, Columbia Gas Transmission Corporation, stating
that the effective date of the Columbia Gas Transmission Corporation--
Union City operating permit (OP 25-892) is April 11, 1995.
    (104) Revisions to the Pennsylvania Regulations Chapter 129.91
submitted on August 1, 1995 by the Pennsylvania Department of
Environmental Protection:
    (i) Incorporation by reference.
    (A) Two letters, one dated August 1, 1995, from James Seif,
Secretary of the Pennsylvania Department of Environmental Protection,
transmitting source-specific VOC and/or NO<INF>X</INF> RACT
determinations in the form of operating permits for the following
sources: James River Corporation--Chambersburg (Franklin County)--
printer. In addition, operating permits for the following sources
containing provisions limiting these sources as ``synthetic minor''
sources (below RACT threshold level for VOC and/or NO<INF>X</INF>
emissions) are being approved: Appleton Papers, Inc. (Cumberland
County)--carbon paper producer; Air Products & Chemicals, Inc.--
Trexlortown (Lehigh County)--gas production/storage facility; Elf
Atochem North America, Inc. (Montgomery County)--chemical research &
development firm; York City Sewer Authority--Manchester Township (York
County)--waste water treatment facility; Glasgow, Inc.--Ivy Rock Plants
1 & 2 (Montgomery County)--asphalt production facility; Glasgow, Inc.--
Catanach Plant (Chester County)--asphalt production facility; Glasgow,
Inc.--Freeborn Asphalt Plant (Delaware County)--asphalt production
facility.
    (B) One letter, dated November 15, 1995, from James Seif, Secretary
of the Pennsylvania Department of Environmental Protection, transmitting
source-specific VOC and/or NO<INF>X</INF> RACT determinations in the
form of operating permits including the following source: Glasgow,
Inc.--Spring House Plants 1 & 2 (Montgomery County)--asphalt production
facility;
    (C) Operating permits (OP):
    (1) James River Corporation--OP 28-2006, effective June 14, 1995,
except the expiration date of the operating permit.
    (2) Appleton Papers, Inc.--OP 21-2004, effective May 24, 1995,
except the expiration date of the operating permit.
    (3) Air Products and Chemicals, Inc.--OP 39-0008, effective May 25,
1995, except the expiration date of the operating permit.
    (4) Elf Atochem North America, Inc.--OP 46-0022, effective June 27,
1995, except the expiration date of the operating permit.
    (5) York City Sewer Authority, Manchester Township--OP 67-2013,
effective March 1, 1995, except the expiration date of the operating
permit.
    (6) Glasgow, Inc., Ivy Rock Asphalt Plants 1 & 2--OP 46-0043,
effective June 7, 1995, except for the expiration date of the operating
permit.
    (7) Glasgow, Inc., Spring House Asphalt Plants 1 & 2--OP 46-0029,
effective June 7, 1995, except for the expiration date of the operating
permit.
    (8) Glasgow, Inc., Catanach Asphalt Plant--OP 15-0021, effective
June 7, 1995, except for the expiration date of the operating permit.
    (9) Glasgow, Inc., Freeborn Asphalt Plant--OP 23-0026, effective
June 7, 1995, except for the expiration date of the operating permit.
    (105) The carbon monoxide redesignation and maintenance plan for
part of Philadelphia County submitted by the Pennsylvania Department of
Environmental Protection on September 8, 1995 and October 30, 1995, as
part of the Pennsylvania SIP. The 1990 base year CO emission inventory
and projections are included in the maintenance plan.
    (i) Incorporation by reference.
[[Page 443]]
    (A) Letters of September 8, 1995 and October 30, 1995 from the
Pennsylvania Department of Environmental Protection requesting the
redesignation and submitting the maintenance plan.
    (B) Maintenance Plan for the Philadelphia Carbon Monoxide
Nonattainment Area adopted on October 16, 1995.
    (ii) Additional Material.
    (A) Remainder of September 8, 1995 and October 30, 1995 State
submittal.
    (106) Revisions to the Pennsylvania Regulations, Chapter 129.82
pertaining to Stage II Vapor Recovery and the associated definition of
gasoline dispensing facilities originally submitted on March 4, 1992 and
supplemented on October 26, 1995 by the Pennsylvania Department of
Environmental Protection (formerly known as the Department of
Environmental Resources):
    (i) Incorporation by reference.
    (A) Letter of October 26, 1995 from the Pennsylvania Department of
Environmental Protection transmitting sections 6.7 (b), (c), (h) and
section 17(2) of the Pennsylvania Air Pollution Control Act as amended
on June 29, 1992.
    (B) Sections 6.7 (b), (c), (h), and section 17(2) of the
Pennsylvania Air Pollution Control Act, amended June 29, 1992 and
effective on July 9, 1992.
    (107) Revisions to the Pennsylvania Regulations, Chapter 127 by the
Pennsylvania Department of Environmental Protection
    (i) Incorporation by reference.
    (A) Letter of February 4, 1994 from the Pennsylvania Department of
Environmental Protection transmitting revisions to the New Source Review
Provisions.
    (B) Revisions to the following Pennsylvania Department of
Environmental Quality Regulations, effective January 15, 1994:
    (1) Addition of Chapter 127, Subchapter E, New Source Review,
Sections 127.201 through 127.217 inclusive, effective January 15, 1994.
    (2) Deletion of Chapter 127, Subchapter C, Sections 127.61 through
127.73.
    (ii) Additional materials consisting of the remainder of the
February 4, 1994 State submittal pertaining to Chapter 127, Subchapter
E.
    (108) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on January 6, 1995,
July 5, 1995, July 31, 1995, August 1, 1995, September 20, 1995,
November 22, 1995, and March 18, 1996 by the Pennsylvania Department of
Environmental Resources (now known as the Pennsylvania Department of
Environmental Protection):
    (i) Incorporation by reference.
    (A) Seven letters, dated January 6, 1995, July 5, 1995, July 31,
1995, August 1, 1995, September 20, 1995, November 22, 1995, and March
18, 1996 from the Pennsylvania Department of Environmental Resources
(now known as the Pennsylvania Department of Environmental Protection)
transmitting source specific VOC and/or NO<INF>X</INF> RACT
determinations in the form of plan approvals or operating permits for
the following sources: U.G.I. Utilities, Inc. (Luzerne Co.)--utility,
Solar Turbines (York Co.)--cogeneration facility, Columbia Gas
Transmission--Renovo Compressor Station (Clinton Co.)--natural gas
compressor station, National Fuel Gas Supply Corporation--East Fork
Compressor Station (Potter Co.)--natural gas compressor station, York
Resource Energy Systems, Inc. (York Co.)--municipal waste combustion
facility, W.R. Grace & Co.--Formpac Division (Berks Co.)--expandable
polystyrene blowing facility, CNG Transmission--Cherry Tree Station
(Indiana Co.)--natural gas transmission station, EPC Power Corporation
of Bethlehem (Delaware Co.)--Crozer Chester Cogeneration Plant, C-P
Converters, Inc. (York Co.)--flexographic printing operation, Fisher
Scientific Co. International--Instrument Manufacturing Division (Indiana
Co.). In addition, the permits containing provisions limiting source
emissions to synthetic minor sources levels (below RACT threshold level
of 100 tons per year or 25 TPY of potential NO<INF>X</INF> emissions and
50 TPY or 25 TPY for potential VOC emissions) are being approved for
three sources: Adelphi Kitchens, Inc.--Robesonia factory (Berks Co.)--
wood furniture coating operation, Birchcraft Kitchens, Inc.--Reading
factory (Berks Co.)--wood furniture coating operation, and Glasgow,
Inc.--Bridgeport Asphalt Plant (Montgomery Co.)--asphalt plant.
[[Page 444]]
    (B) Plan approvals (PA), Operating permits (OP), Compliance permit
(CP):
    (1) U.G.I. Utilities, Inc.--OP 40-0005, effective December 20, 1994
and PA 40-0005A, effective December 20, 1994, except the expiration date
of the plan approval and conditions # 18, 19, and 20 pertaining to non-
VOC or NO<INF>X</INF> emissions and ash and waste oil requirements.
    (2) Solar Turbines--PA 67-2009, effective August 17, 1995, except
the expiration date of the plan approval and CP 67-2009, effective
August 17, 1995, except the expiration date of the compliance permit.
    (3) Columbia Gas Transmission--Renovo Compressor Station--OP 18-
0001, effective July 18, 1995, except the expiration date of the
operating permit and condition #8, pertaining to compliance date
extensions and PA 18-0001, effective July 18, 1995, except the
expiration date of the plan approval and condition #14, pertaining to
compliance date extensions.
    (4) National Fuel Gas Supply Corporation--East Fork Compressor
Station--OP 53-0007, effective July 17, 1995, except the expiration date
of the operating permit, including the corrections to condition #6 and
13 (from a letter dated July 31, 1995) and PA 53-0007A, effective July
17, 1995, except the expiration date of the plan approval.
    (5) York Resource Energy Systems, Inc.--PA 67-2006, effective August
25, 1995, except the expiration date of the plan approval and the non-
VOC or non-NO<INF>X</INF> elements in conditions #4, 8, 9, 10 12, 18,
and 19.
    (6) W.R. Grace & Co.--Formpac Division--PA 06-1036, effective May
12, 1995, except the expiration date of the plan approval and condition
#10 (d) and (e) pertaining to compliance date extensions and PA 06-315-
001, effective June 4, 1992, except the expiration date of the plan
approval.
    (7) CNG Transmission Corporation--Cherry Tree Station--PA 32-000-
303, effective July 5, 1995, except the expiration date of the plan
approval, the elements in condition #6 pertaining to carbon monoxide,
and condition #16 D. and E. pertaining to compliance date extensions.
    (8) EPC Power Corporation of Bethlehem--Crozer Chester Cogeneration
plant--OP 23-0007, effective June 8, 1995, except the expiration date of
the operating permit.
    (9) C-P Converters, Inc.--OP 67-2030, effective August 30, 1995,
except the expiration date of the operating permit.
    (10) Fisher Scientific--Instrument Manufacturing Division--OP 32-
000-100, effective July 18, 1995, except the expiration date of the
operating permit.
    (11) Adelphi Kitchens, Inc.--Robesonia factory--OP 06-1001,
effective April 4, 1995, except the expiration date of the operating
permit.
    (12) Birchcraft Kitchens, Inc.--Reading factory--OP 06-1005,
effective April 4, 1995, except the expiration date of the operating
permit.
    (13) Glasgow, Inc.--Bridgeport Asphalt Plant--OP 46-0044, effective
June 7, 1995, except the expiration date of the operating permit.
    (ii) Additional material.
    (A) Remainder of January 6, 1995, July 5, 1995, August 1, 1995,
September 20, 1995, State submittals.
    (B) Revision to the Pennsylvania SIP dated March 18, 1996, submitted
by the Pennsylvania Department of Environmental Protection, pertaining
to the 1990 emission inventory for General Glass--Jeannette,
Westmoreland County.
    (109)  [Reserved]
    (110) Revisions to the Operating Permit, Plan Approval and Sampling
and Testing Program Regulations submitted on May 18, 1995 by the
Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of May 15, 1995 from the Pennsylvania Department of
Environmental Resources transmitting Pennsylvania's Title V operating
permit, plan approval, and State operating permit programs.
    (B) Revisions to the definition of ``Potential to emit'' and
addition of the following definitions in Title 25, Chapter 121, Section
121.1, effective on November 26, 1994: ``Air pollution'', ``Applicable
requirements'', ``Compliance docket'', ``Compliance review form'',
``Deviation'', ``Documented conduct'', ``Federally enforceable emissions
cap'', ``General plan approval'', ``General operating permit'', ``Minor
operating permit modification'', ``Performance
[[Page 445]]
standard'', ``Related party'', ``Renewal'', ``Research and development
facility'', ``Responsible official'', ``Title V facility'', ``Title V
permit'', and ``Title V regulated air pollutant.''
    (C) The following amendments to Title 25, Chapter 127, effective on
November 26, 1994: Sec. 127.1, 127.3, 127.11 through 127.14, 127.25,
127.32, 127.35, 127.36, 127.44, 127.45, 127.47, 127.49 through 127.51,
127.401 through 127.404, 127.411 through 127.414, 127.421 through
127.431, 127.441 through 127.450, 127.461 through 127.464, 127.701
through 127.703, and 127.707.
    (D) The following amendments to Title 25, Chapter 139, effective on
November 26, 1994: Sec. 139.4, 139.5, 139.12, 139.13, 139.14, 139.32,
139.101 through 139.104, and 139.108.
    (ii) Additional material.
    (A) Remainder of May 18, 1995 State submittal.
    (111) Revisions to the Operating Permit and Plan Approval
Regulations to add Subchapter H, ``General Plan Approvals and Operating
Permits'', submitted on May 18, 1995 by the Pennsylvania Department of
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of May 15, 1995 from the Pennsylvania Department of
Environmental Resources transmitting Pennsylvania's general plan
approval and general operating permit programs.
    (B) The following amendments to Title 25, Chapter 127, effective on
November 26, 1994: Sec. 127.601, 127.611, 127.612, 127.621, and 127.622.
    (ii) Additional material.
    (A) Remainder of Pennsylvania's May 18, 1995 submittal.
    (112) Revisions to the Pennsylvania Regulations--Philadelphia Lead
Implementation Plan--submitted on September 30, 1994, by the
Commonwealth of Pennsylvania:
    (i) Incorporation by reference.
    (A) Letter of September 30, 1994 from the Pennsylvania Department of
Environmental Resources transmitting a revision to the Philadelphia
portion of the Pennsylvania State Implementation Plan for lead.
    (B) Licenses to operate (permits) effective September 21, 1994, for:
    (1) Franklin Smelting and Refining Corporation;
    (2) MDC Industries, Inc.; and
    (3) Anzon, Inc.
    (ii) Additional information. Remainder of September 30, 1994
submittal.
    (113) Revisions to the Pennsylvania Regulations, Chapter 129.93
pertaining to VOC and NO<INF>X</INF> RACT, submitted on August 1, 1995,
December 8, 1995, June 10, 1996, and September 13, 1996, by the
Pennsylvania Department of Environmental Resources (now known as the
Pennsylvania Department of Environmental Protection):
    (i) Incorporation by reference.
    (A) Four letters, dated August 1, 1995, December 8, 1995, June 10,
1996, and September 13, 1996, from the Pennsylvania Department of
Environmental Resources (now known as the Pennsylvania Department of
Environmental Protection) transmitting source-specific VOC and/or
NO<INF>X</INF> RACT determinations for Caparo Steel Company (Mercer
Co.)--steel mill, Sharon Steel Company (Mercer Co.)--steel mill, and
Pennsylvania Electric Company (Penelec)--Williamsburg Station (Blair
Co.)--utility.
    (B) Plan approval (PA) and Operating permit (OP):
    (1) Caparo Steel Company--OP 43-285, effective November 3, 1995,
except condition #9 pertaining to non-NO<INF>X</INF> and non-VOC
pollutants.
    (2) Sharon Steel Company--PA 43-017, effective November 3, 1995,
except condition #9 pertaining to non-NO<INF>X</INF> and non-VOC
pollutants.
    (ii) Additional material.
    (A) Remainder of August 1, 1995, December 8, 1995, June 10, 1996,
and September 13, 1996, State submittals pertaining to Caparo Steel
Company, Sharon Steel Company, and Pennsylvania Electric Company
(Penelec)--Williamsburg Station.
    (114) Revisions to the Pennsylvania Regulations Chapter 129.91
through 129.95 pertaining to VOC and NO<INF>X</INF> RACT, submitted on
August 1, 1995, September 20, 1995, December 8, 1995 and September 13,
1996 by the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Four letters dated August 1, 1995, September 20, 1995, December
8, 1995 and September 13, 1996 from the Pennsylvania Department of
Environmental
[[Page 446]]
Protection transmitting three source-specific RACT determinations; two
of which involve operating permits and one (Mercersburg Tanning Company)
which does not involve any type of permit. The three sources are:
    (1) DMi Furniture, Inc. (Adams County)--wood furniture manufacturer.
    (2) R. R. Donnelley & Sons Company, West Plant (Lancaster County)--
printing facility.
    (3) Mercersburg Tanning Company (Franklin County)--leather coating
facility.
    (B) Operating Permits (OP):
    (1) DMi Furniture, Inc.--OP #01-2001, effective June 13, 1995,
except for the expiration date of the operating permit.
    (2) R.R. Donnelley & Sons Company, West Plant--OP #36-2026,
effective July 14, 1995, except for the expiration date of the operating
permit and the parts of conditions 5, 9b & 20 pertaining to Hazardous
Air Pollutants (HAP's).
    (ii) Additional material.
    (A) Remainder of August 1, 1995, September 20, 1995, December 8,
1995 and September 13, 1996 State submittals pertaining to DMi
Furniture, Inc, R. R. Donnelley & Sons--West Plant, and Mercersburg
Tanning Company.
    (115) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on January 6, 1995
by the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) One letter dated January 6, 1995 from the Pennsylvania
Department of Environmental Protection transmitting source specific VOC
and/or NO<INF>X</INF> RACT determinations in the form of plan approvals
or operating permits for International Paper Company--Hammermill Papers
Division--Lockhaven.
    (B) Operating permit (OP):
    (1) International Paper Company--Hammermill Papers Division--
Lockhaven--OP 18-0005, effective December 27, 1994, except the
expiration date of the operating permit.
    (116)  [Reserved]
    (117) Revisions to the Pennsylvania Regulations Chapter 129.91
through 129.95 pertaining to VOC and NO<INF>X</INF> RACT, submitted on
August 1, 1995 (amended March 20, 1997), June 10, 1996, and September
13, 1996 by the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Three letters dated August 1, 1995, June 10, 1996, and September
13, 1996 from the Pennsylvania Department of Environmental Protection
transmitting three source-specific RACT determinations; two of which
involve plan approvals and one which involves an operating permit. One
letter dated March 20, 1997 amending the August 1, 1995 submittal
pertaining to NO<INF>X</INF> RACT for AT&T Corporation. The three
sources are:
    (1) AT&T Corporation (Berks County)--electronics components
manufacturer.
    (2) Garden State Tanning, Inc. (Berks County)--leather coating
facility.
    (3) The Glidden Company (Berks County)--paint manufacturing
facility.
    (B) Plan Approvals (PA), Operating Permits (OP):
    (1) AT&T Corporation--PA #06-1003, effective June 26, 1995, except
for the expiration date of the plan approval, all conditions pertaining
to NO<INF>X</INF> RACT determination, and conditions 18d & 18e
pertaining to temporary operation regarding compliance extension and
expiration date of the plan approval.
    (2) Garden State Tanning, Inc.--PA #06-1014, effective June 21,
1995, except for the expiration date of the plan approval, conditions
20, 21, 24, and 25 pertaining to visual/malodorous emissions, sulfur
content, and water flow rates, and conditions 27d & 27e pertaining to
temporary operation regarding compliance extension and expiration date
of the plan approval.
    (3) The Glidden Company--OP #06-1035, effective February 15, 1996,
except for the expiration date of the operating permit, conditions 13,
14, and 16, pertaining to operating permit renewal, sulfur content, and
visual/malodorous emissions.
    (ii) Additional material.
    (A) Remainder of August 1, 1995 (amended March 20, 1997), June 10,
1996 and September 13, 1996 State submittals pertaining to AT&T
Corporation, Garden State Tanning, Inc., and The Glidden Company.
[[Page 447]]
    (118) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on March 27, 1995,
November 15, 1995 and May 2, 1996 by the Pennsylvania Department of
Environmental Resources (now know as the Pennsylvania Department of
Environmental Protection):
    (i) Incorporation by reference.
    (A) Four letters, dated March 27, 1995, November 15, 1995, May 2,
1996 and September 13, 1996, from the Pennsylvania Department of
Environmental Protection transmitting source-specific VOC and/or
NO<INF>X</INF> RACT determinations in the form of plan approvals,
operating permits or a compliance permit for the following sources:
    (1) Maier's Bakery, Inc. (Reading Plant, Berks County)--bakery;
    (2) Morgan Corporation (Morgantown Plant, Berks County)--heavy duty
truck manufacturer;
    (3) Allentown Cement Company (Maidencreek Township, Berks County)--
cement manufacturer;
    (4) Quaker Maid (Ontelaunee Township, Berks County)--manufacturer of
kitchen cabinets;
    (5) Brentwood Industries, Inc. (Reading, Berks County)--manufacturer
of plastic products;
    (6) Metropolitan Edison Company (Cumru Township, Berks County)--
electric generation station;
    (7) ICI Fluoropolymers (Caln Township, Chester County)--manufacturer
of free flow polytetrafluoro-ethylene (PTFE);
    (8) Synthetic Thread Company (City of Bethlehem, Lehigh County)--
manufacturer of coated nylon and polyester thread; and
    (9) Bird-In-Hand Woodworks, Inc. (East Hempfield Township, Lancaster
County)--manufacturer of wood furniture for children.
    (B) Plan approvals (PA), Operating Permits (OP) and a Compliance
Permit:
    (1) Maier's Bakery, Inc.--PA 06-1023, effective September 20, 1995,
except for the expiration date of the plan approval.
    (2) Morgan Corporation--OP 06-1025, effective August 31, 1995,
except the expiration date of the operating permit.
    (3) Allentown Cement Company, Inc.--PA 06-1002, effective October
11, 1995, except for conditions #17, #20, #21 and #30 pertaining to non-
NO<INF>X</INF> and non-VOC pollutants and the expiration date of the
plan approval.
    (4) Quaker Maid--OP 06-1028, effective October 27, 1995, except the
expiration date of the operating permit.
    (5) Brentwood Industries, Inc.--PA 06-1006, effective February 12,
1996, except for the expiration date of the plan approval.
    (6) Metropolitan Edison Company--PA 06-1024, effective March 9,
1995, except the expiration date of the plan approval and condition #13
pertaining to non-NO<INF>X</INF> and non-VOC pollutant.
    (7) ICI Fluoropolymers --PA 15-0009 and CP 15-0009, effective
October 3, 1995, except the expiration date of the plan approval and the
compliance permit.
    (8) Synthetic Thread Company--PA 39-0007A, effective August 10,
1995, except the expiration date of the plan approval.
    (9) Bird-In-Hand Woodworks, Inc.--OP 36-2022, effective September
27, 1995, except for the expiration date of the operating permit.
    (ii) Additional material.
    (A) Remainder of March 27, 1995, November 15, 1995 and May 2, 1996
State submittals.
    (119) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on January 10, 1996
and September 13, 1996 by the Pennsylvania Department of Environmental
Resources (now known as the Pennsylvania Department of Environmental
Protection):
    (i) Incorporation by reference.
    (A) Two letters submitted by the Pennsylvania Department of
Environmental Resources (now, the Pennsylvania Department of
Environmental Protection) transmitting source-specific VOC and/or
NO<INF>X</INF> RACT determinations in the form of operating permits on
the following dates: January 10, 1996 and September 13, 1996.
    (B) Operating permits (OP):
    (1) Heinz Pet Products, Columbia County, OP-19-0003, effective
November 27, 1995, except for the expiration date of the operating
permit and conditions
[[Page 448]]
No. 15 through No. 24 pertaining to non-VOC and non-NO<INF>X</INF>
pollutants.
    (2) Graco Children's Products, Inc., Chester County, OP-15-0006,
effective November 30, 1995, except for the expiration date of the
operating permit.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's January 10, 1996
and September 13, 1996 submittals.
    (120) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on January 21,
1997, January 28, 1997, and May 31, 1995 by the Pennsylvania Department
of Environmental Resources (now known as the Pennsylvania Department of
Environmental Protection):
    (i) Incorporation by reference.
    (A) Four letters, dated January 21, 1997, January 28, 1997, May 31,
1995 and September 13, 1996, from the Pennsylvania Department of
Environmental Protection transmitting source-specific VOC and/or
NO<INF>X</INF> RACT determinations in the form of operating permits, a
plan approval and a compliance permit for the following sources:
    (1) Texas Eastern Transmission Corporation (Bernville, Berks
County)--natural gas compressor station;
    (2) Texas Eastern Transmission Corporation (Bechtelsville, Berks
County)--natural gas compressor;
    (3) Carpenter Technology Corporation (Reading/Muhlenberg Township,
Berks County)--steel manufacturer; and
    (4) North American Fluoropolymers Company (Ontelanunee, Berks
County)--manufacturer of teflon crumbs.
    (B) Operating Permits (OP), Plan Approval (PA) and Compliance Permit
(CP):
    (1) Texas Eastern Transmission Corporation (Bernville)--(OP-06-1033)
effective January 31, 1997, except for the expiration date of the
operating permit.
    (2) Texas Eastern Transmission Corporation (Bechtelsville)--(OP-06-
1034) effective January 31, 1997, except for the expiration date of the
operating permit.
    (3) Carpenter Technology Corporation--(OP-06-1007), effective
September 27, 1996, except for those portions of conditions Nos. 28
through 41 and Nos. 43 through 54 pertaining to non-VOC and non-
NO<INF>X</INF> pollutants and the expiration date of the operating
permit.
    (4) North American Fluoropolymers Company--(PA-06-1026) and (CP-06-
1026), effective April 19, 1995, except for the expiration dates of the
plan approval and the compliance permit.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's January 21,
1997, January 27, 1997, and May 31, 1995 submittals.
    (B) Additional material submitted by Pennsylvania: Letter dated
March 25, 1997 from Mr. James Salvaggio, Director, Bureau of Air Quality
Control, Pennsylvania Department of Environmental Resources to Mr.
Thomas Maslany, Director, Air, Radiation and Toxics Division, EPA Region
III providing clarifying information related to the Carpenter Technology
Corporation operating permit and the North American Fluoropolymers
Company plan approval.
    (121) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on December 8,
1995, February 20, 1996, March 21, 1996, April 16, 1996, and September
13, 1996 by the Pennsylvania Department of Environmental Resources (now
known as the Pennsylvania Department of Environmental Protection):
    (i) Incorporation by reference.
    (A) Five letters submitted by the Pennsylvania Department of
Environmental Resources (now, the Pennsylvania Department of
Environmental Protection) transmitting source-specific VOC and/or
NO<INF>X</INF> RACT determinations in the form of plan approvals or
operating permits on the following dates: December 8, 1995, February 20,
1996, March 21, 1996, April 16, 1996, and September 13, 1996.
    (B) Plan approvals (PA), Operating permits (OP), Compliance permits
(CP):
    (1) CNG Transmission Corporation--Ellisburg, Potter County, OP-53-
0004, effective February 29, 1996, except for the expiration date of the
operating permit; PA-53-0004A effective February 29, 1996, except for
the expiration date of the plan approval; and CP-53-0004A except for the
expiration date, except
[[Page 449]]
for item #6 regarding future compliance extensions.
    (2) CNG Transmission Corporation--Greenlick Compressor Station,
Potter County, PA-53-0003A, effective December 18, 1995, except for the
plan approval expiration date, except for the portion of item #3
regarding carbon monoxide (CO) emissions increases, except the portion
of item #4 regarding CO emission limitations; OP-53-0003, effective
December 18, 1995 except for the operating permit expiration date; and
CP-53-0003A, except for the expiration date of the compliance permit,
except for item #6 regarding future compliance extensions.
    (3) CNG Transmission Corporation--Crayne Station, Greene County, OP
30-000-089, effective December 22, 1995 except for the expiration date
of the operating permit, except for the portion of item #4 regarding CO
emission limitations, except for item #9 regarding emission limitation
revisions.
    (4) CNG Transmission Corporation--State Line Station, Potter County,
OP-53-0008, effective January 10, 1996 except for the expiration date of
the operating permit, except for the portions of item #22 regarding CO
emission limitations.
    (5) CNG Transmission Corporation--Big Run, Jefferson County, PA 33-
147, effective June 27, 1995, except for item #9 regarding emission
limitation revisions.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's December 8,
1995, February 20, 1996, March 21, 1996, April 16, 1996, and September
13, 1996 submittals pertaining to the RACT determinations for the five
sources listed in (i) above.
    (122) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on August 1, 1995,
December 8, 1995, and September 13, 1996 by the Pennsylvania Department
of Environmental Resources (now known as the Pennsylvania Department of
Environmental Protection):
    (i) Incorporation by reference.
    (A) Three letters submitted by the Pennsylvania Department of
Environmental Resources (now, the Pennsylvania Department of
Environmental Protection) transmitting source-specific VOC and/or
NO<INF>X</INF> RACT determinations in the form of operating permits on
the following dates: August 1, 1995, December 8, 1995, and September 13,
1996.
    (B) Operating Permits (OP):
    (1) Medusa Cement Company, Lawrence County--OP 37-013, effective
July 27, 1995, except for item No. 9 relating to future emission
limitations.
    (2) Keystone Cement Company, Northampton County--OP 48-0003,
effective May 25, 1995, except for the expiration date and item No. 7
relating to future emission limitations.
    (3) Lehigh Portland Cement Company, York County--OP 67-2024,
effective May 26, 1995, except for the expiration date and item No. 7
relating to future emission limitations.
    (4) Mercer Lime and Stone Company, Butler County--OP 10-023,
effective May 31, 1995, except for item No. 6 relating to future
emission limitations.
    (5) Con-Lime, Inc., Centre County--OP 14-0001, effective June 30,
1995, except for the expiration date and item No. 8 relating to future
emission limitations and items (or portions thereof) Nos. 17, 18, 20,
22, 24, 25, and 26 relating to non-VOC or non-NO<INF>X</INF> provisions.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's August 1, 1995,
December 8, 1995, and September 13, 1996 submittals.
    (123) The ten-year ozone maintenance plan for the Reading,
Pennsylvania area (Berks County) submitted by the Pennsylvania
Department of Environmental Protection on January 28, 1997:
    (i) Incorporation by reference.
    (A) Letter of January 28, 1997 from the Pennsylvania Department of
Environmental Protection transmitting the ten-year ozone maintenance
plan and 1990 base year emission inventories for the Reading area.
    (B) The ten-year ozone maintenance plan for the Reading area,
including emission projections, control measures to maintain attainment
and contingency measures, adopted on February 3, 1997.
    (ii) Additional material.
    (A) Remainder of January 28, 1997 Commonwealth submittal pertaining
[[Page 450]]
to the maintenance plan for the Reading area.
    (124) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on December 8, 1995
by the Pennsylvania Department of Environmental Resources (now known as
the Pennsylvania Department of Environmental Protection):
    (i) Incorporation by reference.
    (A) Two letters, dated December 8, 1995 and September 13, 1996, from
the Pennsylvania Department of Environmental Protection transmitting
source-specific VOC and/or NO<INF>X</INF> RACT determinations in the
form of one plan approval for the following source: Pennzoil Products
Company (Rouseville, Venango County)--petroleum refinery.
    (B) Plan Approval (PA):
    (1) Pennzoil Products Company (Rouseville)--(PA-61-016) effective
September 8, 1995, except for condition Nos. 9 pertaining to non-VOC and
non-NO<INF>X</INF> pollutants and expiration date of the plan approval.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's December 8, 1995
submittal.
    (B) Additional material submitted by Pennsylvania dated May 23,
1997, providing clarifying information related to Pennzoil Products
Company plan approval.
    (125) Revisions to the Pennsylvania Regulations Chapter 129.91
through 129.95 pertaining to VOC and NO<INF>X</INF> RACT, submitted on
September 20, 1995 (amended April 16, 1997), August 15, 1996, and
September 13, 1996 by the Pennsylvania Department of Environmental
Protection:
    (i) Incorporation by reference.
    (A) Three letters dated September 20, 1995, August 15, 1996, and
September 13, 1996 from the Pennsylvania Department of Environmental
Protection transmitting one source-specific RACT determination and 1990
baseyear VOC emissions inventory change for R.R. Donnelley & Sons
Company (East Plant). One letter dated April 16, 1997 amending the
September 20, 1995 submittal. The source is R.R. Donnelley & Sons
Company, East Plant (Lancaster County)--printing facility.
    (B) Operating Permits (OP):
    (1) R.R. Donnelley & Sons Company, East Plant--OP #36-2027,
effective July 14, 1995, except for the expiration date of the operating
permit, all conditions pertaining to NO<INF>X</INF> RACT determination,
and the parts of conditions 8, 12b & 23 pertaining to Hazardous Air
Pollutants (HAP's).
    (ii) Additional Material. Remainder of September 20, 1995, August
15, 1996, and September 13, 1996 State submittals pertaining to R.R.
Donnelley & Sons--East Plant.
    (126) Revisions to the Pennsylvania State Implementation Plan on
June 12, 1997 by the Pennsylvania Department of Environmental
Protection.
    (i) Incorporation by reference.
    (A) A letter of June 12, 1997 from the Pennsylvania Department of
Environmental Protection transmitting the General Conformity Rule.
    (B) 25 Pa. Code Chapter 127, Secs. 127.801 and 127.802--General
Conformity Rule, effective November 9, 1996.
    (ii) Additional material from the Pennsylvania's June 12, 1997
submittal pertaining to 25 Pa. Code Chapter 127.
    (127) Revisions to the Pennsylvania Regulations, Chapter 121.1--
Definitions, submitted on February 4, 1994 by the Pennsylvania
Department of Environmental Protection (formerly Pennsylvania Department
of Environmental Resources) and effective on January 15, 1994.
    (i) Incorporation by reference.
    (A) Letter dated February 4, 1994 from the Pennsylvania Department
of Environmental Protection transmitting the definitions in Chapter 121
relating to the Pennsylvania VOC and NOx RACT regulation (Chapter 129.91
through 129.95) and new source review regulation (Chapter 127).
    (B) Title 25 Pennsylvania Code, Chapter 121.1--definitions,
effective January 15, 1994.
    (128) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to NO<INF>X</INF> RACT, submitted on September 13, 1996 and
January 21, 1997 by the Pennsylvania Department of Environmental
Resources (now known as the Pennsylvania Department of Environmental
Protection).
    (i) Incorporation by reference.
[[Page 451]]
    (A) Two letters submitted by the Pennsylvania Department of
Environmental Resources (now, the Pennsylvania Department of
Environmental Protection) transmitting source-specific NO<INF>X</INF>
RACT determinations in the form of an operating permit on the following
dates: September 13, 1996 and January 21, 1997.
    (B) Operating permit (OP). Panther Creek Energy Facility, Carbon
County, OP  13-0003, effective date of December 2, 1996, except for
condition  7 pertaining to particulate, PM-10, SO2, CO and VOC emission
limits, condition  10 pertaining to particulate emissions, condition 
11 pertaining to opacity, condition  12 pertaining to the Standards of
Performance for New Stationary Sources and the expiration date.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's September 13,
1996 and January 21, 1997 submittals.
    (129) Limited approval of revisions to the Pennsylvania Regulations,
Chapter 129.91 through 129.95, pertaining to VOC and NO<INF>X</INF> RACT
submitted on February 4, 1994 by the Pennsylvania Department of
Environmental Resources (now known as the Pennsylvania Department of
Environmental Protection):
    (i) Incorporation by reference.
    (A) Letter of February 4, 1994 from the Pennsylvania Department of
Enviromental Resources transmitting Pennsylvania VOC and NO<INF>X</INF>
RACT regulations, Chapter 129.91 through 129.95.
    (B) Pennsylvania Reasonably Available Control Technology
Requirements for Major Stationary Sources of Volatile Organic Compounds
and Oxides of Nitrogen regulation, Chapter 129.91 through 129.95,
effective on January 15, 1994, except for Chapter 129.93(b)(4).
    (C) Letter of May 3, 1994 from the Pennsylvania Department of
Environmental Resources amending the Pennsylvania regulation, Chapter
129.93 (b)(4).
    (D) Pennsylvania Reasonably Available Control Technology
Requirements for Major Stationary Sources of Volatile Organic Compounds
and Oxides of Nitrogen regulation, Chapter 129.93 (b)(4), effective
April 23, 1994.
    (E) Letter for September 18, 1995 from the Pennsylvania Department
of Environmental Protection amending Pennsylvania's February 4, 1994
submittal to EPA by withdrawing Chapter 129.93(c)(6) and (7) from EPA
consideration.
    (ii) Additional material.
    (A) Remainder of February 4, 1994 State submittal.
    (B) Letter of September 23, 1996 from Pennsylvania Department of
Environmental Protection agreeing to meet certain conditions by no later
than 12 months after the publication of the final conditional
rulemaking. These conditions are:
    (1) Pennsylvania certify that it has submitted case-by-case RACT
proposals for all sources subject to the RACT requirements (including
those subject to 25 Pa. Code section 129.93(b)(1)) currently known to
PADEP; or
    (2) Demonstrate that the emissions from any remaining subject
sources represent a de minimis level of emissions, as defined in the
final rulemaking.
    (130) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on December 31,
1997 by the Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) A December 31, 1997 letter submitted by the Pennsylvania
Department of Environmental Protection transmitting source-specific VOC
and/or NO<INF>X</INF> RACT determinations in the form of operating and
compliance permits.
    (B) Operating permits (OP), compliance permits (CP):
    (1) Allegro MicroSystems W.G., Inc. (Montgomery County)--OP 46-0006,
effective December 19, 1997, except for the expiration date and items
Nos. 9, 13 and 14(D) relating to non-RACT provisions.
    (2) Hale Products, Inc. (Montgomery County)--OP 46-0057, effective
November 21, 1997, except for the expiration date.
    (3) Con-Lime, Inc. (Centre County)--OP 14-0001, effective January 7,
1998, except for the expiration date and items (or portions thereof)
Nos. 8, 9, 17, 18, 19, 20, 21, 22, 24, 25, and 28 relating to non-RACT
provisions.
[[Page 452]]
    (4) Coastal Aluminum Rolling Mills, Inc. (Lycoming County)--OP 41-
0007, effective November 21, 1997, except for the expiration date and
items (or portions thereof) Nos. 9, 20, and 28 relating to non-RACT
provisions.
    (5) International Envelope Company (Chester County)--OP 15-0023,
effective November 2, 1995, except for the expiration date.
    (6) Brown Printing Company (Montgomery County)--CP 46-0018,
effective September 26, 1996, except for the expiration date.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's December 31,
1997 VOC and NO<INF>X</INF> RACT SIP revision submittal.
    (131) Revisions to the Pennsylvania Regulations governing gasoline
volatility requirements submitted on December 3, 1997 and April 17, 1998
by the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letters dated December 3, 1997 and April 17, 1998 from the
Pennsylvania Department of Environmental Protection transmitting the low
RVP gasoline volatility requirements for the Pittsburgh-Beaver Valley
ozone nonattainment area.
    (B) Revisions to 25 Pa Code, Chapters 121, 126, 139 pertaining to
Gasoline Volatility Requirements, effective November 1, 1997.
    (1) Revisions to section 121.1--definitions of compliant fuel,
distributor, Importer, Low RVP gasoline, Pittsburgh-Beaver Valley Area,
RVP-Reid Vapor Pressure.
    (2) Addition of sections 126.301(a) through (c), 126.302 except for
portions relating to RFG of (a)(6), and 126.303 (a).
    (3) Addition of paragraphs 139.4(18) and (19) pertaining to sampling
procedures for Reid Vapor Pressure and gasoline volatility.
    (ii) Additional Material--Remainder of December 3, 1997 State
submittal pertaining to the use of low RVP gasoline.
    (132) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC RACT, submitted on April 16, 1996 and March 24, 1998
by the Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Two (2) letters submitted by the Pennsylvania Department of
Environmental Protection transmitting source-specific VOC RACT
determinations in the form of operating permits on the following dates:
April 16, 1996 and March 24, 1998.
    (B) Operating permits (OP):
    (1) The Fibre-Metal Products Company (Delaware County), OP 23-0025,
effective February 20, 1998, except for the expiration date and
conditions Nos. 16 and 17 relating to non-RACT provisions.
    (2) Finnaren & Haley, Inc. (Montgomery County), OP 46-0070,
effective March 5, 1998, except for the expiration date and conditions
Nos. 13 and 15 relating to non-RACT provisions.
    (3) Fres-co System USA, Inc. (Bucks County), OP 09-0027, effective
March 5, 1998, except for the expiration date and conditions No. 22
relating to non-RACT provisions.
    (4) Graphic Packaging Corporation (Chester County), OP 15-0013,
effective February 28, 1998, except for the expiration date and
conditions Nos. 19 and 20 relating to non-RACT provisions.
    (5) Montour Oil Service Company (Lycoming County), OP 41-0013,
effective March 19, 1998, except for the expiration date and conditions
Nos. 7 and 9 relating to non-RACT provisions.
    (6) Atlantic Refining and Marketing Corporation (Northumberland
County), OP 49-0015, effective March 19, 1998, except for the expiration
date and conditions Nos. 8 and 10 relating to non-RACT provisions.
    (7) Transwall Corporation (Chester County) OP 15-0025, effective
march 10, 1998, except for the expiration date and conditions Nos. 15,
19, and 21 relating to non-RACT provisions.
    (8) Tavo Packaging, Inc. (Bucks County), OP 09-0008, effective
November 8, 1995, except for the expiration date and condition No.7
relating to non-RACT provisions.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's April 16, 1996
and March 24, 1998 VOC and NO<INF>X</INF> RACT SIP submittals for the
relevant sources.
[[Page 453]]
    (B) Additional clarifying material submitted by Pennsylvania: Letter
dated March 24, 1998 from James M. Seif, Secretary, Pennsylvania
Department of Environmental Protection providing additional information
on Tavo Packaging, Inc.
    (133) Revisions to the Pennsylvania State Implementation Plan
consisting of Source-Specific Control Measures and a Revised Episode
Plan for USX Clairton in the Liberty Borough PM-10 Nonattainment Area,
submitted on October 30, 1997 by the Pennsylvania Department of
Environmental Protection:
    (I) Incorporation by reference.
    (A) Letter of October 30, 1997 from the Pennsylvania Department of
Environmental Protection transmitting a SIP revision for source specific
control measures for USX Clairton located in the Liberty Borough PM-10
nonattainment area of Allegheny County.
    (B) Revisions to Allegheny County's Article XXI applicable to USX's
Clairton Coke Works, effective August 15, 1997, specifically:
    (1) Revisions to section 2104.02 limiting particulate matter
emission from Boiler 1, requiring specific improvements to coal
handling at Secondary Pulverizer 2, and requiring the operation of a
mist eliminator at the Keystone cooling tower.
    (2) Revisions to section 2105.21 requiring the installation of ``big
plug'' doors on most coke ovens by January 1, 2000.
    (3) The adoption of section 2106.05 requiring a source-specific
``self audit emergency action plan.''
    (ii) Additional Material--Remainder of the October 30, 1997 State
submittal.
    (134) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on February 20, May
2, and September 13, 1996 by the Pennsylvania Department of
Environmental Resources (now known as the Pennsylvania Department of
Environmental Protection).
    (i) Incorporation by reference.
    (A) Three (3) letters submitted by the Pennsylvania Department of
Environmental Resources (now, the Pennsylvania Department of
Environmental Protection) transmitting source-specific VOC and/or
NO<INF>X</INF> RACT determinations in the form of plan approvals,
operating permits or compliance permits on the following dates: February
20, May 2, and September 13, 1996.
    (B) Plan Approvals (PA), Operating Permits (OP), Compliance Permits
(CP):
    (1) CNG Transmission Corporation--Harrison, Potter County, PA 53-
0005A, effective April 16, 1996, except for the plan approval expiration
date and item (or portions thereof) Nos. 4, 9, and 20 relating to non-
RACT provisions; OP 53-0005, effective April 16, 1996, except for the
operating permit expiration date and item No. 23 relating to non-RACT
provisions; and CP 53-0005A effective April 16, 1996.
    (2) CNG Transmission Corporation--Leidy, Clinton County, PA 18-
0004A, effective March 25, 1996, except for the plan approval expiration
date and item No. 11 relating to non-RACT provisions; OP 18-0004,
effective February 29, 1996, except for the operating permit expiration
date and item Nos. 14, 25 and 28 relating to non-RACT provisions; and CP
18-0004A effective March 25, 1996.
    (3) CNG Transmission Corporation--Sabinsville, Tioga County, PA 59-
0002A, effective December 18, 1995, except for the plan approval
expiration date and item (or portions thereof) Nos. 3, 4, 5 and 10
relating to non-RACT provisions; OP 59-0002, effective December 18,
1995, except for the operating permit expiration date and item No. 15
relating to non-RACT provisions, and CP 59-0002A effective December 18,
1995.
    (4) CNG Transmission Corporation--Tioga, Tioga County, OP 59-0006,
effective January 16, 1996, except for the operating permit expiration
date and item (or portions thereof) Nos. 9, 21, 24 and 28 relating to
non-RACT provisions.
    (ii) Additional Material.
    (A) Remainder of the Commonwealth of Pennsylvania's February 20, May
2, and September 13, 1996 VOC and NO<INF>X</INF> RACT SIP submittals for
the relevant sources.
    (135) Revisions to the Pennsylvania State Implementation Plan
consisting of contingency measures for USX Clairton in the Liberty
Borough PM-10 Nonattainment Area, submitted on July 12, 1995 by the
Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
[[Page 454]]
    (A) Letter of July 12, 1995 from the Pennsylvania Department of
Environmental Protection transmitting a SIP revision for contingency
control measures for USX Clairton Works located in Liberty Borough PM-10
nonattainment area of Allegheny County.
    (B) Revision to Allegheny County's Article XXI applicable to USX's
Clairton Coke Works, effective July 11, 1995 specifically:
    (1) Revisions to section 2105.21.e included in Appendix 34 which
require improved procedures to capture pushing emissions for all USX-
Clairton batteries except Battery B.
    (ii) Additional Material--Remainder of the July 12, 1995 submittal.
    (136) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on April 20, May
29, and July 24, 1998, by the Pennsylvania Department of Environmental
Protection.
    (i) Incorporation by reference.
    (A) Three letters submitted by the Pennsylvania Department of
Environmental Protection transmitting source-specific VOC and/or
NO<INF>X</INF> RACT determinations in the form of plan approvals or
operating permits on the following dates: April 20, May 29, and July 24,
1998.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) Eldorado Properties Corporation, Northumberland County, OP 49-
0016, effective May 1, 1998; except for the operating permit expiration
date and item (or portions thereof) Nos. 7, 8, 9, and 10 relating to
non-RACT provisions.
    (2) Endura Products, Inc., Bucks County, OP 09-0028, effective May
13, 1998; except for the operating permit expiration date and item (or
portions thereof) Nos. 11A and 15 through 21 relating to non-RACT
provisions.
    (3) Ford Electronics & Refrigeration Company, Montgomery County, OP
46-0036 , effective April 30, 1998; except for the operating permit
expiration date and item (or portions thereof) Nos. 11 through 18, 20,
and 22 through 26 relating to non-RACT provisions.
    (4) H & N Packaging, Inc., Bucks County, OP 09-0038, effective June
8, 1998; except for the operating permit expiration date and item (or
portions thereof) Nos. 4, 7, 8, and 11 through 20 relating to non-RACT
provisions.
    (5) Lancaster County Solid Waste Management Authority, Lancaster
County, PA 36-2013, effective June 3, 1998; except for the plan approval
expiration date and item (or portions thereof) Nos. 3 through 9, 11
through 24, 27 through 37, and 39 relating to non-RACT provisions.
    (6) Monsey Products Company, Chester County, OP 15-0031, effective
June 4, 1998; except for the operating permit expiration date and item
(or portions thereof) Nos. 9 through 24 relating to non-RACT provisions.
    (7) Ortho-McNeil Pharmaceutical, Montgomery County, OP 46-0027,
effective June 4, 1998; except for the operating permit expiration date
and item (or portions thereof) Nos. 4, 9, and 13 through 20 relating to
non-RACT provisions.
    (8) Piccari Press, Inc, Bucks County, OP 09-0040, effective April
29, 1998; except for the operating permit expiration date and item (or
portions thereof) Nos. 14, 15, 17, and 19 through 22 relating to non-
RACT provisions.
    (9) Pierce and Stevens Corporation, Chester County, OP 15-0011,
effective March 27, 1998; except for the operating permit expiration
date and item (or portions thereof) Nos. 11 through 15 relating to non-
RACT provisions.
    (10) PQ Corporation, Delaware County, OP 23-0016, effective June 16,
1998; except for the operating permit expiration date and item (or
portions thereof) Nos. 8, 13, and 15 through 19 relating to non-RACT
provisions.
    (11) Reynolds Metals Company, Chester County, OP 15-0004, effective
May 8, 1998; except for the operating permit expiration date and item
(or portions thereof) Nos. 4, 5, 14, 15, 17 through 42, and 44 through
48 relating to non-RACT provisions.
    (12) Rhone-Poulenc Rorer Pharmaceutical, Inc, Montgomery County, OP
46-0048B, effective April 2, 1998; except for the operating permit
expiration date and item (or portions thereof) Nos. 11 through 42
relating to non-RACT provisions.
    (13) Superior Tube Company, Montgomery County, OP 46-0020, effective
April 17, 1998; except for the operating permit expiration date and item
(or
[[Page 455]]
portions thereof) Nos. 17 through 25 relating to non-RACT provisions.
    (14) Uniform Tubes Inc., Montgomery County, OP 46-0046A, effective
March 26, 1998; except for the operating permit expiration date and item
(or portions thereof) Nos. 16, 17, and 19 through 24 relating to non-
RACT provisions.
    (15) U.S. Air Force--Willow Grove Air Reserve Station, Montgomery
County, OP 46-0072, effective May 1, 1998; except for the operating
permit expiration date and item (or portions thereof) Nos. 11 through 15
relating to non-RACT provisions.
    (16) U.S. Navy--Willow Grove Naval Air Station Joint Reserve Base,
Montgomery County, OP 46-0079, effective May 4, 1998; except for the
operating permit expiration date and item (or portions thereof) Nos. 11,
12, 15 through 26, and 28 through 33 relating to non-RACT provisions.
    (ii) Additional Material.
    (A) Remainder of the Commonwealth of Pennsylvania's April 20, May
29, and July 24, 1998 submittals VOC and NO<INF>X</INF> RACT SIP
submittals.
    (137) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NO<INF>X</INF> RACT, submitted on May 31, 1995,
November 15, 1995, March 21, 1996 and September 13, 1996 by the
Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Four letters submitted by the Pennsylvania Department of
Environmental Protection transmitting source-specific VOC and/or
NO<INF>X</INF> RACT determinations in the form of plan approvals,
operating or compliance permits on the following dates: May 31, 1995,
November 15, 1995, September 13, 1996 and March 21, 1996.
    (B) Plan approvals (PA), Operating permits (OP), Compliance Permits
(CP):
    (1) Columbia Gas Transmission Corporation--Artemas Compressor
Station, Bedford County, PA O5-2006, effective April 19, 1995; except
for the plan approval expiration date and item (or portions thereof)
Nos. 4 and 13 relating to non-RACT provisions.
    (2) Columbia Gas Transmission Corporation--Donegal Compressor
Station, Washington County, PA 63-000-631, effective July 10, 1995;
except for the plan approval expiration date and item (or portions
thereof) Nos. 9 and 20 relating to non-RACT provisions.
    (3) Columbia Gas Transmission Corporation--Gettysburg Compressor
Station, Adam County, OP 01-2003, effective April 21, 1995; except for
the operating permit expiration date and item (or portions thereof) No.
13 relating to non-RACT provisions.
    (4) Columbia Gas Transmission Corporation--Eagle Compressor Station,
Chester County, OP 15-022, effective February 1, 1996; except for the
operating permit expiration date and item (or portions thereof) Nos. 9
and 10 relating to non-RACT provisions.
    (5) Columbia Gas Transmission Corporation--Downingtown Compressor
Station, Chester County, CP-15-0020, effective September 15, 1995;
except for the compliance permit expiration date and item (or portions
thereof) Nos. 2 and 6 relating to non-RACT provisions.
    (ii) Additional Material--Remainder of the Commonwealth of
Pennsylvania's May 31, 1995, November 15, 1995, March 21, 1996 and
September 13, 1996 VOC and NO<INF>X</INF> RACT SIP submittals.
    (138) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC RACT, submitted on December 8, 1995, September 13,
1996, October 18, 1996, July 24, 1998, and October 2, 1998 by the
Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Five (5) letters submitted by the Pennsylvania Department of
Environmental Protection transmitting source-specific VOC determinations
in the form of operating permits on the following dates: December 8,
1995, September 13, 1996, October 18, 1996, July 24, 1998, and October
2, 1998.
    (B) Operating permits (OP):
    (1) GKN Sinter Metals, Inc. (Cameron County), OP-12-0002, effective
September 30, 1998, except for the expiration date and conditions Nos.
14-20 relating to non-RACT provisions.
    (2) Springs Window Fashions Division, Inc. (Lycoming County), OP-41-
0014, effective September 29, 1998, except for the expiration date and
conditions Nos. 9-10 relating to non-RACT provisions.
[[Page 456]]
    (3) Cabinet Industries, Inc. (Montour County), OP-47-0005, effective
September 21, 1998, except for the expiration date and conditions Nos.
5-8 relating to non-RACT provisions.
    (4) Centennial Printing Corp. (Montgomery County), OP-46-0068,
effective October 31, 1996, as revised on May 11, 1998 except for the
expiration date and conditions Nos. 13-15 and 17-20 pertaining to non-
RACT provisions.
    (5) Strick Corporation (Montour County), OP-47-0002, effective
August 28, 1996, except for the expiration date and conditions Nos. 10-
11 and 21-22 relating to non-RACT provisions.
    (6) Handy and Harmon Tube Co. (Montgomery County), OP-46-0016
effective September 25, 1995, except for the expiration dates and
conditions No. 11 relating to non-RACT provisions.
    (ii) Additional Materials--Remainder of the Commonwealth of
Pennsylvania's September 13, 1996, December 18, 1996, October 18, 1996,
July 24, 1998 and October 2, 1998 submittals pertaining to the VOC RACT
requirements for GKN Sinter Metals, Inc. (Cameron County), Springs
Window Fashions Division, Inc. (Lycoming County), Cabinet Industries
Inc. (Montour County), Centennial Printing Corp., Strick Corporation
(Montour County), and Handy and Harmon Tubing Co. (Montgomery County).
    (139) Revisions to the Pennsylvania State Implementation Plan
adopting an enhanced motor vehicle inspection and maintenance (I/M)
program, submitted on March 22, 1996, and formal amendments submitted by
the Secretary of the Pennsylvania Department of Environmental Protection
on June 27, 1996; July 29, 1996; November 1, 1996; October 22, 1997;
November 13, 1997; February 24, 1998; August 21, 1998; November 25,
1998; and March 3, 1999.
    (i) Incorporation by reference.
    (A) Letter of November 13, 1997 from the Secretary of the
Pennsylvania Department of Environmental Protection transmitting
regulations for an enhanced motor vehicle inspection and maintenance
program.
    (B) Pennsylvania Department of Transportation Enhanced Motor Vehicle
Inspection and Maintenance (I/M) Program regulations (contained in Title
67 of the PA Code), effective September 27, 1997.
    (1) A definition for ``temporary inspection approval indicator'',
added to section 175.2.
    (2) Section 175.11
    (3) Paragraph (f)(4) of section 175.29
    (4) Paragraphs (a), (b), (c), and (d) of section 175.41. Paragraph
(b)(3) of section 175.41. Subparagraphs (d)(2)(ii) and (d)(2)(iii), and
paragraphs (e)(5) and (f)(4) of section 175.41.
    (5) Sections 175.42, 175.43, 175.44, and 175.45.
    (6) Sections 177.1, 177.2, 177.3, 177.21, 177.22, 177.23, 177.24,
177.51, 177.52, 177.53, 177.101, 177.102, 177.103, 177.104, 177.105,
177.106.
    (7) Sections 177.201, 177.202, 177.203, 177.204, 177.231, 177.233,
177.251, 177.252, 177.253, 177.271, 177.272, 177.273, 177.274, 177.281,
177.282, 177.291, 177.292, 177.301, 177.302, 177.304, and 177.305.
    (8) Sections 177.401, 177.402, 177.403, 177.404, 177.405, 177.406,
177.407, 177.408, 177.421, 177.422, 177.423, 177.424, 177.425, 177.426,
177.427, and 177.431.
    (9) Sections 177.501, 177.502, 177.503, 177.504, and 177.521.
    (10) Sections 177.602, 177.603, 177.605, 177.606, 177.651, 177.652,
177.671, 177.672, 177.673, and 177.691.
    (11) Appendix A to Title 67 of the Pennsylvania Code.
    (12) Appendix B to Title 67 of the Pennsylvania Code.
    (ii)Additional Material--Remainder of Submittals. The Commonwealth
submitted materials in support of its enhanced motor vehicle inspection
and maintenance (I/M) program regulation. These materials were submitted
in formal SIP revisions dated: March 27, 1996; July 29, 1996; November
1, 1996; November 13, 1997; February 24, 1998; August 21, 1998; November
25, 1998; and March 3, 1999, and include:
    (A) Submittal submitted under a letter dated March 22, 1996, from
the Secretary of the Pennsylvania Department of Environmental
Protection.
    (B) Materials submitted under a letter dated June 27, 1996, from the
Secretary of the Department of Environmental Protection.
    (C) Materials submitted under a letter of July 29, 1996, from the
Secretary of the Department of Environmental Protection.
[[Page 457]]
    (D) Materials submitted under a letter of November 1, 1996, from the
Secretary of the Department of Environmental Protection.
    (E) Materials submitted under a letter of October 27, 1997, from the
Secretary of the Department of Environmental Protection.
    (F) Materials submitted under a letter of February 24, 1998, from
the Secretary of the Department of Environmental Protection.
    (G) Documents submitted by a letter dated August 21, 1998, from the
Secretary of the Department of Environmental Protection.
    (H) Materials submitted by the Secretary of the Department of
Environmental Protection, in a letter dated November 25, 1998, and
amended by a letter dated March 3, 1999.
    (140) [Reserved]
    (141) Revisions to the Pennsylvania Regulations for a Clean Vehicles
Program regulation submitted on January 8, 1999 by the Pennsylvania
Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of January 8, 1999 from the Department of Environmental
Protection transmitting the National Low Emission Vehicles Program, and
a Pennsylvania Clean Vehicles Program as a ``backstop'' to the National
Low Emissions Vehicle Program.
    (B) Amendments to Chapter 121 of Title 21 of the Pennsylvania Code,
effective on December 5, 1998, to include definitions for the following
terms: CARB, CARB Executive Order, California Code of Regulations,
Dealer, Debit, Emergency Vehicle, Fleet Average, GVWR, LDT, LDV, Model
Year, Motor Vehicle, Motor Vehicle Manufacturer, NLEV, NLEV Program,
NMOG, New Motor Vehicle / New Light-Duty Vehicle, Offset Vehicle,
Passenger Car, Ultimate Purchaser, Zero-Emission Vehicle
    (C) Amendments to Chapter 126 of Title 21 of the Pennsylvania Code,
effective December 5, 1998, to add new sections: 126.401, 126.402,
126.411, 126.412, 126.413, 126.421, 126.422, 126.423, 126.424, 126.425,
126.431, 126.432, and 126.441.
    (ii) Additional Material.--Remainder of January 8, 1999 submittal
pertaining to the National Low Emissions Vehicle Program and the
Pennsylvania Clean Vehicles Program.
    (142) Revisions to the Pennsylvania Regulations for an oxygenated
gasoline program submitted on September 13, 1995 by the Pennsylvania
Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 13, 1995 from the Pennsylvania Department of
Environmental Protection transmitting the oxygenated gasoline regulation
as a SIP revision.
    (B) Revisions to 25 PA Code Chapter 121, General Provisions ,
section 121.1 Definitions, the additions of section 126.101 General,
section 126.102 Sampling and testing, section 126.103 Recordkeeping and
reporting and section 126.104 Labeling requirements to 25 PA Code
Chapter 126 and the removal of section 126.1 Oxygenate content of
gasoline from 25 PA Code Chapter 126. These revisions became effective
August 19, 1995.
    (ii) Additional Material.--Remainder of September 13, 1995
submittal.
    (143)-(144) [Reserved]
    (145) Revisions to the Pennsylvania State Implementation Plan
adopting the Nitrogen Oxides Allowance Requirements submitted on
December 19, 1997 and December 27, 1999 by the Secretary of the
Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of December 19, 1997 from the Secretary of the
Pennsylvania Department of the Environmental Protection transmitting the
Nitrogen Oxides Allowance Requirements.
    (B) Letter of December 27, 1999 from the Secretary of the
Pennsylvania Department of the Environmental Protection transmitting the
Nitrogen Oxides Allowance Requirements.
    (C) Revisions to 25 PA Code, Chapters 121 and 123 pertaining to
Nitrogen Oxides Allowance Requirements, effective November 1, 1997.
    (1) Revisions to section 121.1--definitions of: account, account
number, acquiring account, compliance account, electric generating
facility, fossil fuel, fossil fuel fired, general account, heat input,
indirect heat exchange combustion unit, maximum heat input capacity,
NATS-NO<INF>X</INF> allowance tracking system, NETS-NO<INF>X</INF>
emissions tracking
[[Page 458]]
system, NO<INF>X</INF> allocation, NO<INF>X</INF> allowance,
NO<INF>X</INF> allowance CEMS-NO<INF>X</INF> allowance continuous
emission monitoring system, NO<INF>X</INF> allowance control period,
NO<INF>X</INF> allowance curtailment, NO<INF>X</INF> allowance
deduction, NO<INF>X</INF> allowance transfer, NO<INF>X</INF> allowance
transfer deadline, NO<INF>X</INF> budget, NO<INF>X</INF> budget
administrator, OTC MOU-ozone transport commission memorandum of
understanding, replacement source.
    (2) Addition of sections 123.101 through 123.120, except for section
123.115.
    (D) Revisions to 25 PA Code, Chapters 121 and 123 pertaining to
Nitrogen Oxides Allowance Requirements, effective March 11, 2000.
    (1) Revisions to section 121.1--definition of NO<INF>X</INF>
affected source.
    (2) Addition of section 123.115 and Appendix E.
    (ii) Additional material.
    (A) Nitrogen Oxide (NO<INF>X</INF>) Memorandum of Understanding
Implementation Plan of December 9, 1997.
    (B) Letter of March 31, 2000 from the Director of the Pennsylvania
Department of the Environmental Protection amending the Chapter 123
NO<INF>X</INF> Allowance Program.
[38 FR 16567, June 22, 1973]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2020, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
    Effective Date Note: At 65 FR 35842, June 6, 2000, Sec. 52.2020 was
amended by adding paragraph (c)(145), effective Aug. 7, 2000.
Sec. 52.2021  Classification of regions.
    The Pennsylvania plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region               Particulate   Sulfur   Nitrogen   Carbon        Ozone
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Philadelphia Interstate.................           I          I       III         I             I
Northeast Pennsylvania-Upper Delaware Valley                    I         II       III       III           III
 Interstate..........................................
South Central Pennsylvania Intrastate................           I         II       III       III           III
Central Pennsylvania Intrastate......................           I        III       III       III           III
Southwest Pennsylvania Intrastate....................           I          I       III         I             I
Northwest Pennsylvania-Youngstown Interstate.........           I         II       III       III           III
----------------------------------------------------------------------------------------------------------------
[37 FR 10889, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45
FR 33627, May 20, 1980]
Sec. 52.2022  Extensions.
    (a) The Administrator hereby extends for 18 months the statutory
timetable for submission of Pennsylvania's plan for attainment and
maintenance of the secondary standards for sulfur oxides and particulate
matter in the Southwest Pennsylvania Intrastate Region and in
Pennsylvania's portion of the Metropolitan Philadelphia Interstate
Region.
    (b) The Administrator hereby extends for 2 years the attainment date
for the national standards for carbon monoxide in the Southwest
Pennsylvania Intrastate Region, for 1 year the attainment date for the
national standard for photochemical oxidants in the Southwest
Pennsylvania Intrastate Region, and for 1 year the attainment date for
the national standards for carbon monoxide in the Pennsylvania portion
of the Metropolitan Philadelphia Interstate Region.
    (c) The Administrator hereby extends for 18 months, until July 1,
1980, the statutory timetable for submission of Pennsylvania's plan for
attainment and maintenance of the secondary national ambient air quality
standard for particulate matter in Pennsylvania's portion of the
Metropolitan Philadelphia Interstate Air Quality Control Region.
    (d) The Administrator hereby extends the attainment date for the
national ambient air quality standard for ozone to December 31, 1987 for
the following counties:
    Allegheny, Armstrong, Beaver, Butler, Washington, Westmoreland,
Bucks, Chester, Delaware, Montgomery, Philadelphia, Lehigh, and
Northampton.
[[Page 459]]
    (e) The Administrator hereby extends the dates for attainment of the
national ambient air quality standard for carbon monoxide to December
31, 1987 in Philadelphia County and to December 31, 1985 in Allegheny
County.
[37 FR 10889, May 31, 1972, as amended at 38 FR 32893, Nov. 28, 1973; 45
FR 33627, May 20, 1980; 46 FR 43141, Aug 27, 1981; 50 FR 7777, Feb. 26,
1985]
Sec. 52.2023  Approval status.
    (a) With the exceptions set forth in this subpart, the Administrator
approves Pennsylvania's plan for attainment and maintenance of the
national standards.
    (b) With the exceptions set forth in this subpart, the Administrator
approves Pennsylvania'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 that the plan satisfies
all requirements of Part D, Title 1, of the Clean Air Act as amended in
1977, except as noted below.
    (c) The Allegheny County Bureau of Air Pollution Control (BAPC)
Article XX, section 534 at paragraph D, does not fulfill its 1982 ozone
SIP commitment to adopt all applicable control technique guidelines
published by EPA. These regulations establish and require reasonable
available control technology to control fugitive volatile organic
compounds emissions (VOC) from synthetic organic chemical and polymer
manufacturing-fugitive sources and associated test method required to
determine compliance, but provide the Director of the Bureau authority
to approve an alternative VOC emission reduction system and/or
alternative monitoring procedure. The approval of any such alternatives
by the Director of the BAPC cannot and would not amend the SIP. Only the
Administrator of the United States Environmental Protection Agency (EPA)
has the authority to approve an alternative VOC emission reduction
system and/or the use of an alternative monitoring procedure as a
revision to the SIP. Air Pollution Article XX, section 534 at paragraph
D of the SIP will remain inadequate until this language providing for
Director discretion is corrected to require that any such alternatives
approved by the Director of BAPC must also be approved by EPA. The
amended version of Article XX, section 534, paragraph D must be adopted
by the Commonwealth, submitted to EPA and approved as a SIP revision to
correct this deficiency in the Pennsylvania SIP.
    (d) Limited approval/limited disapproval of revisions to the
Pennsylvania Regulations, Chapter 129.82 pertaining to Stage II Vapor
Recovery and the associated definition of gasoline dispensing facilities
in Chapter 121.1 submitted on March 4, 1992, by the Pennsylvania
Department of Environmental Resources. The Pennsylvania Stage II
regulation is deficient in that it does not include the testing and
certification procedures contained in EPA's October 1991 Stage II
guidance documents (EPA-450/3-91-022a and EPA-450/3-91-022b).
    (e) Disapproval of the April 19, 1995 NO<INF>X</INF> RACT proposal
for Pennsylvania Power Company--New Castle plant located in Lawrence
County, Pennsylvania.
    (f)-(i)  [Reserved]
    (j) The conditionally approved Pennsylvania enhanced I/M SIP
revision (59 FR 44936) submitted on November 3, 1993 by the Pennsylvania
Department of Environmental Resources was converted to a disapproval by
an April 13, 1995 letter from EPA to Pennsylvania.
    (k) Conditional limited approval of revisions to the Pennsylvania
Regulations, Chapter 129.91 through 129.95, pertaining to VOC and
NO<INF>X</INF> RACT submitted on February 4, 1994 and amended on May 3,
1994 by the Pennsylvania Department of Environmental Resources (now
known as the Pennsylvania Department of Environmental Protection).
[38 FR 32893, Nov. 28, 1973, as amended at 45 FR 33627, May 20, 1980; 51
FR 18440, May 20, 1986; 53 FR 31330, Aug. 18, 1988; 59 FR 6220, Feb. 10,
1994; 59 FR 30304, June 13, 1994; 60 FR 47085, Sept. 11, 1995; 61 FR
16062, Apr. 11, 1996; 63 FR 13794, Mar. 23, 1998; 63 FR 23673, Apr. 30,
1998]
Sec. 52.2024  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.
[[Page 460]]
    (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 34537, Sept. 26, 1974, as amended at 40 FR 55333, Nov. 28, 1975;
51 FR 40676, Nov. 7, 1986]
Sec. 52.2025  Legal authority.
    (a) The requirements of Sec. 51.230(f) of this chapter are not met,
since section 5-1104 of the Philadelphia Home Rule Charter could, in
some circumstances, prohibit the disclosure of emission data to the
public. Therefore, section 5-1104 is disapproved.
[40 FR 55333, Nov. 28, 1975, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.2026  Conditional approval.
    The Commonwealth of Pennsylvania's March 27, 1996 submittal of its
enhanced motor vehicle emissions inspection and maintenance (I/M)
program; as amended on June 27, 1996, July 29, 1996, November 1, 1996,
November 13, 1997, February 24, 1998, and August 21, 1998; is
conditionally approved pending satisfaction of paragraph (a)(2) of this
subsection.
    (a) If the Commonwealth fails to start its program according to the
schedule it provided (i.e., by no later than November 15, 1997 for the
five-county Philadelphia area and no later than November 15, 1999 for
the remaining sixteen counties), 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 per the deadlines
listed within each condition, this conditional approval will
automatically convert to a disapproval as explained under section 110(k)
of the Clean Air Act. The conditions for approvability are as follows:
    (1) [Reserved]
    (2) The Commonwealth must submit to EPA as a SIP amendment, by
November 30, 1998, the final Pennsylvania I/M program evaluation plan
requiring an approved alternative sound evaluation methodology to be
performed on a minimum of 0.1 percent of the subject fleet each year as
per 40 CFR 51.353(c)(3) and which meets the program evaluation elements
as specified in 40 CFR 51.353(c). The Commonwealth submitted, in a
November 13, 1997 SIP
[[Page 461]]
revision submittal, amendments to its enhanced I/M regulation requiring
that the ongoing evaluation of its program be conducted as specified in
this paragraph. By November 30, 1998, the Commonwealth must submit its
actual program evaluation plan including the specific EPA-approved
methodology it will use to conduct the ongoing program evaluation
required under its I/M regulation.
    (3)-(5) [Reserved]
    (b) In addition to the above conditions for approval, the
Commonwealth must correct several minor, or de minimus 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:
    (1) The final I/M SIP submittal must detail the number of personnel
and equipment dedicated to the quality assurance program, data
collection, data analysis, program administration, enforcement, public
education and assistance, on-road testing and other necessary functions
as per 40 CFR 51.354;
    (2)-(4) [Reserved]
    (5) The final I/M SIP submittal must provide quality control
requirements for one-mode ASM (or two-mode ASM if the Commonwealth opts
for it);
    (6) [Reserved]
    (7) The final I/M SIP submittal must include the RFP, or other
legally binding document, which adequately addresses how the private
vendor selected to perform motorist compliance enforcement
responsibilities for the Commonwealth's program will comply with the
requirements as per 40 CFR 51.362;
    (8) The final I/M SIP submittal must include the RFP that adequately
addresses how the private vendor will comply with 40 CFR 51.363, a
procedures manual which adequately addresses the quality assurance
program and a requirement that annual auditing of the quality assurance
auditors will occur as per 40 CFR 51.363(d)(2);
    (9) The final I/M SIP submittal must include provisions to maintain
records of all warnings, civil fines, suspensions, revocations,
violations and penalties against inspectors and stations, per the
requirements of 40 CFR 51.364;
    (10) The final I/M SIP submittal must include a RFP, or other
legally binding document, which adequately addresses how the private
vendor selected by the Commonwealth to perform data collection and data
analysis and reporting will comply with all the requirements of 40 CFR
51.365 and 51.366;
    (11)-(13) [Reserved]
    (14) The final I/M SIP submittal must contain sufficient information
to adequately address the on-road test program resource allocations,
methods of analyzing and reporting the results of the on-road testing
and information on staffing requirements for both the Commonwealth and
the private vendor for the on-road testing program.
    (c) The Commonwealth of Pennsylvania's September 12, 1996 submittal
for the 15 Percent Rate of Progress Plan (15% plan) for the Pennsylvania
portion of the Philadelphia ozone nonattainment area, is conditionally
approved based on certain contingencies, for an interim period. The
condition for approvability is as follows:
    Pennsylvania must meet the conditions listed in the January 28, 1997
conditional interim Inspection and Maintenance Plan (I/M) rulemaking
notice, remodel the I/M reductions using the EPA guidance memo:
``Modeling 15 Percent VOC Reductions from I/M in 1999--Supplemental
Guidance'', memorandum from Gay MacGregor and Sally Shaver, dated
December 23, 1996.
    (d) The Commonwealth of Pennsylvania's March 22, 1996 submittal for
the 15 Percent Rate of Progress Plan (or 15% plan) for the Pittsburgh
ozone nonattainment area, is hereby conditionally approved based on
certain contingencies, for an interim period. This interim period
corresponds to an 18-month period granted to the Pennsylvania inspection
and maintenance (I/M) program (January 28, 1997). That interim approval
period expires July 27, 1998. However, Pennsylvania must also remedy the
following conditions no later than July 27, 1998. The conditions for
approvability is as follows:
[[Page 462]]
    (1) Provide final estimates for two stationary sources from the 1990
base year emissions inventory and adjust the total 1990 VOC base year
inventory, accordingly. The two sources are: J & L Specialty Steel Inc.,
Midland and Indspec Chemical Corp., Petrolia Plant.
    (2) Remodel the I/M program (as implemented in the Pittsburgh ozone
nonattainment area) in accordance with EPA guidance (December 23, 1996
memo entitled ``Modeling 15% VOC Reductions from I/M in 1999--
Supplemental Guidance) and to submit that remodeling to EPA; and
    (3) Fulfill the conditions listed in the conditional interim
approval notice granted by EPA to Pennsylvania's enhanced I/M program
(January 28, 1997), by the deadlines set forth in that rulemaking. The
conditions of that EPA's I/M approval are summarized here as: geographic
coverage and program start dates; ongoing program evaluation; test
types, test procedures and emission standards; test equipment
specifications and; motorist compliance enforcement demonstration.
    (e) The Commonwealth of Pennsylvania's March 22, 1996 submittal for
the 1990 VOC Base Year Emissions Inventory for the Pittsburgh ozone
nonattainment area (summarized in the table in this paragraph), is
hereby conditionally approved based on the following contingency:
    (1) Provide final estimates for two facilities sources from the 1990
base year emissions inventory and adjust the total 1990 VOC base year
inventory to reflect those estimates, by no later than July 27, 1998.
The two affected sources are: J & L Specialty Steel Inc., Midland and
Indspec Chemical Corp., Petrolia Plant.
                      County-by-County Summary For the Pittsburgh Ozone Nonattainment Area
                                   [1990 Emissions Inventory--VOC (tons/day)]
----------------------------------------------------------------------------------------------------------------
                                                                                        Non-road       Highway
                         County                               Point         Area         mobile        mobile
----------------------------------------------------------------------------------------------------------------
Allegheny...............................................         80.44         73.3          15.48         76.54
Armstrong...............................................          1.1           3.3           1.01          3.9
Beaver..................................................          5.77          8.19          1.91         12.8
Butler..................................................          4.34          8.59          2.19          9.28
Fayette.................................................          0.57          7.53          1.42          7.8
Washington..............................................          0.85         10.74          2.53         14.96
Westmoreland............................................          3.54         16.31          3.67         24.84
                                                         -------------------------------------------------------
      Total.............................................         96.61        127.96         28.21        150.12
----------------------------------------------------------------------------------------------------------------
    (2) [Reserved]
    (f) Revisions to the Pennsylvania Regulations, Chapter 129.91
through 129.95, pertaining to VOC and NO<INF>X</INF> RACT submitted on
February 4, 1994 and amended on May 3, 1994 by the Pennsylvania
Department of Environmental Resources (now known as the Pennsylvania
Department of Environmental Protection) is conditionally approved.
Pennsylvania must meet the following conditions by no later than 12
months after the publication of the final conditional rulemaking. These
conditions are:
    (1) Pennsylvania certify that it has submitted case-by-case RACT
proposals for all sources subject to the RACT requirements (including
those subject to 25 Pa. Code section 129.93(b)(1)) currently known to
PADEP; or
    (2) Demonstrate that the emissions from any remaining subject
sources represent a de minimis level of emissions, as defined in the
final rulemaking.
[62 FR 4019, Jan. 28, 1997, as amended at 62 FR 31349, June 9, 1997; 62
FR 59998, Nov. 6, 1997; 63 FR 1368, Jan. 9, 1998; 63 FR 2153, Jan. 14,
1998; 63 FR 13794, Mar. 23, 1998; 63 FR 25167, May 7, 1998; 63 FR 46667,
46668, Sept. 2, 1998; 64 FR 30406, June 8, 1999]
Secs. 52.2027-52.2029  [Reserved]
Sec. 52.2030  Source surveillance.
    (a)-(b)  [Reserved]
    (c) The requirements of Sec. 51.212 of this chapter are not met
because the plan
[[Page 463]]
does not provide procedures for obtaining and maintaining data on actual
emission reductions achieved as a result of implementing transportation
control measures.
[37 FR 10889, May 31, 1972, as amended at 37 FR 15088, July 27, 1972; 38
FR 12701, May 14, 1973; 38 FR 16567, June 22, 1973; 51 FR 40677, Nov. 7,
1986; 61 FR 16062, Apr. 11, 1996]
Sec. 52.2031  [Reserved]
Sec. 52.2032  Intergovernmental cooperation.
    (a) The requirements of subpart M of this chapter are not met
because the plan does not identify other State or local agencies or
their responsibilities for implementing and carrying out designated
portions of the plan.
    (b) The requirements of subpart M of this chapter are not met
because the plan does not indicate that Pennsylvania will transmit to
the neighboring States of Maryland, New York, and West Virginia data
about factors which may significantly affect air quality in those
States.
[38 FR 16568, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.2033  Control strategy: Sulfur oxides.
    (a) The revision to the control strategy resulting from the
modification to the emission limitation applicable to the sources listed
below or the change in the compliance date for such sources with the
present emission limitation is hereby approved. All regulations cited
are air pollution control regulations of the State, unless otherwise
noted. (See Sec. 52.2036 for compliance schedule approvals and
disapprovals pertaining to one or more of the sources listed below.)
----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved       Date of submittal
----------------------------------------------------------------------------------------------------------------
Clairton Coke and Coal Works (U.S.     Allegheny County.......  Section 1809 (Article    12/14/72
 Steel).                                                         XVIII).
Industrial Boilers (U.S. Steel)......  ......do...............  ......do...............      Do.
----------------------------------------------------------------------------------------------------------------
[38 FR 7459, Mar. 22, 1973]
Sec. 52.2034  Attainment dates for national standards.
    With regard to Northumberland County, Snyder County, and Allegheny
County, Pennsylvania has not submitted a plan, as of December 31, 1979,
providing for the attainment and maintenance of the secondary sulfur
dioxide (SO<INF>2</INF>) standards.
[61 FR 16062, Apr. 11, 1996]
Sec. 52.2035  Photochemical Assessment Monitoring Stations (PAMS)
          Program.
    On September 23, 1994 Pennsylvania's Department of Environmental
Resources (now known as the Department of Environmental Protection)
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
Pennsylvania SIP. As with all components of the SIP, Pennsylvania must
implement the program as submitted and approved by EPA.
[60 FR 47084, Sept. 11, 1995]
Sec. 52.2036  1990 Baseyear Emission Inventory.
    (a) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 1990 base year carbon monoxide emission
inventory for Philadelphia County, submitted by the Secretary,
Pennsylvania Department of Environmental Protection, on September 8,
1995 and October 30, 1995. This submittal consists of the 1990 base year
stationary, area, non-road mobile and on-road mobile emission
inventories in Philadelphia County for the pollutant carbon monoxide
(CO).
    (b) The U.S. Steel--Fairless Hills 1990 VOC and NO<INF>X</INF>
emissions for six emission units (no. 3 blast furnace, no.1 open hearth
furnace, no. 1 soaking pits and no. 2 soaking pits (units 1-8 and units
9-16), and 80 in. hot strip mill),
[[Page 464]]
submitted August 11, 1995, are approved. U.S. Steel--Fairless Hills is
located in Montgomery County, Pennsylvania, which is part of the
Philadelphia severe ozone nonattainment area. The VOC and NO<INF>X</INF>
1990 emissions from the no. 3 blast furnace are zero for both
pollutants. The VOC and NO<INF>X</INF> 1990 emissions from the no. 1
open hearth furnace are 6.9 TPY and 455.5 TPY, respectively. The VOC and
NO<INF>X</INF> emissions from the no. 1 soaking pits are 6.6 TPY and
91.8 TPY, respectively. The VOC and NO<INF>X</INF> emissions from the
no. 2 soaking pits (units 1-8) are 1.10 TPY and 21.0 TPY, respectively.
The VOC and NO<INF>X</INF> emissions from the no. 2 soaking pits (units
9-16) are 1.10 TPY and 21.0 TPY, respectively. The VOC and
NO<INF>X</INF> emissions from the 80 in. hot strip mill are 1.9 TPY and
688.6 TPY, respectively.
    (c) The 1990 NO<INF>X</INF> emissions for the no. 2 glass melting
furnace at the General Glass--Jeannette plant, located in Westmoreland
County, Pennsylvania is 508.2 tons per year. Westmoreland County is part
of the Pittsburgh moderate ozone nonattainment area. The 1990
NO<INF>X</INF> emissions for the four kilns (no. 1 through 4) is 11.8
tons per year. This facility does not contain any other NO<INF>X</INF>
emitting units.
    (d)  [Reserved]
    (e) EPA approves as a revision to the Pennsylvania State
Implementation Plan (SIP) the 1990 base year emission inventories for
the Reading, Pennsylvania area (Berks County) submitted by the Secretary
of the Environment, on January 28, 1997. This submittal consists of the
1990 base year point, area, non-road mobile, biogenic and on-road mobile
source emission inventories in the area for the following pollutants:
volatile organic compounds (VOC), carbon monoxide (CO), and oxides of
nitrogen (NO<INF>X</INF>).
    (f) Sharon Steel Company 1990 VOC and NO<INF>X</INF> emissions for
three emission units (Blast Furnace Operations, Basic Oxygen Furnace
Shop, Blast Furnace Casthouse), submitted June 10, 1996, are approved.
Sharon Steel Company is located in Mercer County, Pennsylvania, which is
in a marginal ozone nonattainment area. The 1990 VOC and NO<INF>X</INF>
emissions from the Blast Furnace Operations (flame suppression, heaters
and torpedo cars, flare stack, tuyeres) are 0.4 TPY and 49.3 TPY,
respectively. The 1990 VOC and NO<INF>X</INF> emissions from the Basic
Oxygen Furnace Shop (scrap preheating, ladle preheating and heaters) are
1.4 TPY and 39.6 TPY, respectively. The 1990 VOC and NO<INF>X</INF>
emissions from the Blast Furnace Casthouse are 205.4 TPY and 11.0 TPY,
respectively.
    (g)-(h)  [Reserved]
    (i) The 1990 VOC emission inventory for the Philadelphia ozone
nonattainment area, submitted on September 12, 1996 by Pennsylvania
Department of Environmental Protection, is approved, with the exception
of the revisions to the emission inventory for those sources at United
States Steel--Fairless that were approved in Sec. 52.2036 (b) on April
9, 1996.
    (j) EPA is approving Pennsylvania's request that the 1990 emissions
inventory for VOCs from R.R. Donnelley & Sons--East Plant be corrected
to accurately reflect the 1990 emissions. The 1990 baseyear VOC
emissions inventory will be corrected to 864 tons. Justification for the
change in VOC emissions is described as follows:
    (1) For rotogravure operations, R.R. Donnelley & Sons Company (East
Plant) initially assumed a 5% retention of solvent in the web, and then
revised their assumption to 2% based on the amount of solvent actually
being recovered by the six bed carbon adsorption system. Based on VOC
emissions data submitted to PADEP for the year 1990, the actual VOC
emissions from rotogravure operations was 794.51 tons. The figures were
taken from data submitted to PADEP from the facility dated May 6, 1996
(subsequently submitted to EPA from PADEP via letter dated December 13,
1996).
    (2) For heatset web offset lithographic operations, boilers, and
associated solvent cleaning equipment, R.R. Donnelley & Sons Company
provided data calculating estimates for actual 1990 VOC emissions of
69.83 tons. The figures were taken from the facility's RACT proposal
submitted to PADEP dated March 29, 1995.
    (k) Rockwell Heavy Vehicle, Inc., New Castle Forge Plant, Lawrence
County--On April 8, 1998 the Pennsylvania Department of Environmental
Protection requested that EPA include
[[Page 465]]
the CO, VOC and NO<INF>X</INF> emissions from this facility in the 1990
base year emission inventory. The CO, VOC and NO<INF>X</INF> emissions
from the natural gas units and the spray booth of this facility are
hereby approved as part of the 1990 point source inventory. The 1990 CO,
VOC and NO<INF>X</INF> emissions from the natural gas units are 8.3 TPY,
1.2 TPY and 64.2 TPY, respectively. The 1990 VOC emissions from the
spray booth is 12.1 TPY.
    (l) EPA approves, as a revision to the Pennsylvania State
Implementation Plan, the 1990 NOx emission inventory for the
Philadelphia area, submitted on July 31, 1998 by the Pennsylvania
Department of Environmental Protection. The submittal consists of 1990
base year point, area, highway, and non-road mobile NOx emissions
inventories for the five-county Philadelphia area (Bucks, Chester,
Delaware, Montgomery, and Philadelphia Counties).
[61 FR 2931, Jan. 30, 1996, as amended at 61 FR 15713, Apr. 9, 1996; 61
FR 24709, May 16, 1996; 61 FR 67232, Dec. 20, 1996; 62 FR 24834, May 7,
1997; 62 FR 31349, June 9, 1997; 62 FR 38917, July 21, 1997; 64 FR
18821, Apr. 16, 1999; 64 FR 32425, June 17, 1999]
Sec. 52.2037  Control strategy: Carbon monoxide and ozone
          (hydrocarbons).
    (a) Part D--Conditional Approval--the Pennsylvania plan for carbon
monoxide and ozone is approved provided that the following conditions
are satisfied:
    (1) Firm commitments to implement the Newton Branch electrification
are submitted to EPA by December 30, 1980. If firm commitments are not
submitted, the State must submit substitute measures with equivalent
reductions by June 30, 1981.
    (b)(1)(i) Determination--EPA has made a determination, effective
August 15, 1996, that the Pittsburgh-Beaver Valley ozone nonattainment
area (the Pittsburgh area) is no longer in attainment of the National
Ambient Air Quality Standard for ozone due to monitored violations of
the standard. Therefore, effective August 15, 1996, EPA is revoking the
determination of attainment for the area made July 19, 1995, and is
reinstating the reasonable further progress and attainment demonstration
requirements of section 182(b)(1) and contingency measure requirements
of section 172(c)(9) of the Clean Air Act beginning on August 15, 1996.
With regard to the attainment demonstration requirements, EPA has
determined that the following schedule is reasonable for the
development, adoption, and submittal of an attainment demonstration by
the Commonwealth of Pennsylvania (the Commonwealth).
    (A) By August 15, 1996, the Commonwealth must submit to EPA, and
make available for public comment as a proposed SIP submission, complete
photochemical oxidant modeling for the Pittsburgh area which identifies
the VOC and NO<INF>X</INF> reductions levels necessary for attainment,
and a list of available control strategies.
    (B) By October 1, 1996, the Commonwealth must submit to EPA a SIP
revision containing a photochemical oxidant modeling demonstration and a
list of available control strategies.
    (C) By April 1, 1997, the Commonwealth must submit to EPA a full SIP
revision for those emission reduction strategies selected by the
Commonwealth for the Pittsburgh area for which new regulations are not
required.
    (D) By April 1, 1997, the Commonwealth must submit to EPA a
committal SIP revision for those emission reduction strategies selected
by the Commonwealth for the Pittsburgh area that require new
regulations.
    (E) By December 31, 1997, the Commonwealth must submit to EPA as a
SIP revision adopted final fully enforceable regulations encompassing
the emission reduction strategies contained in the committal SIP.
    (ii) Unless the Commonwealth makes the required submittal to EPA,
the sanctions and sanction clocks halted by the July 19, 1995 action
suspending the attainment demonstration requirements at issue will be
reinstated, as to each of the submittals included in this milestone
schedule, two weeks after the date set for each of the submittals by the
Commonwealth to EPA. If the Commonwealth fails to make a submission by
the required date, the offset sanction would go back into effect two
weeks after the relevant milestone
[[Page 466]]
date, and the highway sanction clock would be reinstated at that time
where it was halted on July 19, 1995 (i.e., with approximately 6 months
remaining). Sanctions or sanctions clocks would be stopped if the
Commonwealth makes the relevant overdue submittal, if EPA affirmatively
determines in writing that the actual material submitted by the
Commonwealth contains the information necessary to enable EPA to
determine whether the Commonwealth's submission complies with the
pertinent milestone requirement. EPA shall make the determination, in
writing, as to whether the submittal contains the necessary information
within two weeks of the actual submission date by the Commonwealth. In
the event the Commonwealth makes a required submittal by the pertinent
milestone date, EPA shall, within two weeks of the milestone date, make
a determination, in writing, as to whether the actual material submitted
by the Commonwealth contains the information necessary to enable EPA to
determine whether the Commonwealth's submission complies with the
pertinent milestone requirement. If EPA determines that the material
submitted to EPA by the Commonwealth fails to satisfy this minimum
criterion, the offset sanction would be reinstated upon that
determination by EPA and the highway sanction clock would be reinstated
at that time where it was halted on July 19, 1995 (i.e., with
approximately 6 months remaining). Sanctions or sanctions clocks would
be stopped if the Commonwealth subsequently makes a submittal to cure
the deficiencies identified by EPA, and if EPA affirmatively determines
in writing that the material submitted by the Commonwealth cures the
identified deficiencies. EPA shall make the determination as to the
adequacy of the submittal within two weeks of the date of the actual
submittal to EPA. Each of the determinations referred to in this
subparagraph shall be made in writing, in a letter to the Secretary of
the Pennsylvania Department of Environmental Protection and made
publicly available. In those instances where EPA determines that the
Commonwealth's submittal does not contain the information necessary to
enable EPA to determine whether the Commonwealth's submission complies
with the pertinent milestone requirement, EPA's letter so informing the
Commonwealth will articulate the basis for EPA's determination, specify
the remedy, and identify the actions necessary by the Commonwealth to
remedy its submission to satisfy the relevant milestone. With respect to
the 15 percent plan and contingency measure requirements that are being
reinstated as of August 15, 1996, the FIP clock will be reinstated at
that time, with one day less than six months to run. With respect to the
elements of the attainment demonstration, the FIP clock will resume as
to each element (the date on which the sanctions would be reinstated if
the submissions were not made), with one day less than six months to
run.
    (2) Determination--EPA has determined that, as of July 19, 1995, the
Reading 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 this 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 Reading ozone
nonattainment area, these determinations shall no longer apply.
    (c) VOC and NO<INF>X</INF> RACT determination for six emission units
at U.S. Steel--Fairless: no. 3 blast furnace, no. 1 open hearth furnace,
no. 1 soaking pits, no. 2 soaking pits (units 1-8), no. 2 soaking pits
(units 9-16), 80 in. hot strip mill. The NO<INF>X</INF> RACT
determination for all the soaking pits and the 80 in. hot strip mill is
low excess air (LEA), which is expected to result in a 13.5% emission
reduction. NO<INF>X</INF> RACT for the other sources is determined to be
good operating practices to minimize NO<INF>X</INF> emissions. VOC RACT
for all the above sources is determined to be good operating practices
to minimize VOC emissions.
    (d) NO<INF>X</INF> RACT determination for the no. 2 glass melting
furnace and the four kilns at the General Glass--Jeannette plant, which
manufactured flat glass, is the current operation, consisting of no
additional controls.
[[Page 467]]
    (e) Sharon Steel Company--VOC and NO<INF>X</INF> RACT determination
for three emission units at Sharon Steel Company, not covered by plan
approval PA 43-017: Blast Furnace Operations (flame suppression, heaters
and torpedo cars, tuyeres), Basic Oxygen Furnace Shop (scrap preheating,
ladle preheating and heaters), Blast Furnace Casthouse. NO<INF>X</INF>
RACT for the Blast Furnace Operations is determined to be good air
pollution control practices such that NO<INF>X</INF> emissions do not
exceed: 100 pounds of NO<INF>X</INF> per million cubic feet (lb
NO<INF>X</INF>/MMft<SUP>3</SUP>) of natural gas and 10.69 tons of
NO<INF>X</INF> per year (TPY) for flame suppression, heaters, and
torpedo cars; and 140 lb NO<INF>X</INF>/MMft<SUP>3</SUP> of natural gas
and 0.6 TPY for tuyeres. VOC RACT for the Blast Furnace Operations is
determined to be good air pollution control practices such that VOC
emissions do not exceed: 3.8 lb VOC/MMft<SUP>3</SUP> of natural gas and
0.41 TPY for flame suppression, heaters and torpedo cars; and 2.8 lb
VOC/MMft<SUP>3</SUP> of natural gas and 0.01 TPY for tuyeres.
NO<INF>X</INF> RACT for the Basic Oxygen Furnace Shop is determined to
be good air pollution control practices such that NO<INF>X</INF>
emissions do not exceed: 100 lb NO<INF>X</INF>/MMft<SUP>3</SUP> of
natural gas and 1.1 TPY for scrap preheating; and 140 lb NO<INF>X</INF>/
MMft<SUP>3</SUP> of natural gas and 10.8 TPY for ladle preheating and
heaters. VOC RACT for the Basic Oxygen Furnace Shop is determined to be
good air pollution control practices such that VOC emissions do not
exceed: 3.8 lb VOC/MMft<SUP>3</SUP> of natural gas and 0.04 TPY for
scrap preheating; and 2.8 lb VOC/MMft<SUP>3</SUP> of natural gas and
0.22 TPY for ladle preheating and heaters. NO<INF>X</INF> RACT for the
Blast Furnace Casthouse is determined to be good air pollution control
practices such that NO<INF>X</INF> emissions do not exceed 0.03 lb
NO<INF>X</INF>/ton of steel processed and 11.0 TPY.
    (f) Pennsylvania Electric Company--Williamsburg Station--VOC and
NO<INF>X</INF> RACT determination for three emission units at
Pennsylvania Electric Company (Penelec)--Williamsburg Station: unit #1
boiler, auxiliary boiler, fugitive VOC sources. NO<INF>X</INF> and VOC
RACT for the unit #11 boiler is determined to be good air pollution
control practices such that emissions limits shall be 21.7 pounds of
NO<INF>X</INF> per ton of coal fired (lb/ton) and 0.1459 lb/MMBtu of No.
2 oil fired with annual fuel usage records, and no more than 867 tons
per year (TPY) of NO<INF>X</INF> and 3 TPY of VOC. NO<INF>X</INF> and
VOC RACT for the auxiliary boiler is determined to be the requirements
of 25 Pa Code 129.93 (c)(1), pertaining to units with individual rated
gross heat inputs less than 20 million British thermal units per hour
(MMBtu/hr) of operation maintenance and operation in accordance with
manufacturer's specifications, and the units are operated using good air
pollution control practices.
    (g) Caparo Steel Company--VOC and NO<INF>X</INF> RACT determination
for four emission units at Caparo Steel Company, not covered by
operating permit OP 43-285: Package boilers, BW boiler #1, BW boiler #2,
and BW boiler #3. NO<INF>X</INF> RACT for the package boilers is
determined to be good air pollution control practices such that
NO<INF>X</INF> emissions do not exceed 550 pounds of NO<INF>X</INF> per
million cubic feet (lb NO<INF>X</INF>/MMft<SUP>3</SUP>) of natural gas
and 529.82 tons of NO<INF>X</INF> per year (TPY). VOC RACT for the
package boilers is determined to be good air pollution control practices
such that VOC emissions do not exceed 1.4 lb VOC/MMft<SUP>3</SUP> of
natural gas and 1.35 TPY. NO<INF>X</INF> RACT for each of the BW boilers
is determined to be good air pollution control practices such that
NO<INF>X</INF> emissions do not exceed 23 lb NO<INF>X</INF>/
MMft<SUP>3</SUP> of BFG and 80.1 TPY.
    (h) VOC RACT determination for four emission units at Mercersburg
Tanning Company--Franklin County: Spray Lines 3 thru 7, Attic Line,
Spray Lines A and B, Spray Line C. The VOC RACT determination is as
follows: for Spray Lines 3 thru 7; all work transferred to Spray Lines A
and B, for Attic Line; all work transferred to Spray Line C, for Spray
Lines A and B; vented to a Regenerative Thermal Oxidizer (RTO) with
required 100% capture efficiency and 97% destruction efficiency, for
Spray Line C; coating restrictions of 3.5 lb VOC/gal (less water) on
base coats and 2.8 lb VOC/gal (less water) on intermediate coats. VOC
RACT for cleaning solvents associated with Lines
[[Page 468]]
A and B vented to RTO and water utilized as cleaning solvent for Line C.
[46 FR 17553, Mar. 19, 1981, as amended at 47 FR 8359, Feb. 26, 1982; 47
FR 25010, June 9, 1982; 60 FR 37018, July 19, 1995; 61 FR 15713, Apr. 9,
1996; 61 FR 24709, May 16, 1996; 61 FR 28066, June 4, 1996; 61 FR 67231,
Dec. 20, 1996; 62 FR 8624, Feb. 26, 1997; 62 FR 11082, Mar. 11, 1997]
Secs. 52.2038-52.2053  [Reserved]
Sec. 52.2054  Control of asphalt paving material.
    (a) Notwithstanding any provisions to the contrary in the
Pennsylvania Implementation Plan, the Pennsylvania Department of
Transportation shall restrict the annual usage of asphalts to the limits
listed below in the following sixteen county area of Pennsylvania:
Allegheny, Armstrong, Beaver, Butler, Cambria, Clarion, Fayette, Green,
Indiana, Jefferson, Lawrence, Mercer, Somerset, Venango, Washington, and
Westmoreland Counties:
    (1) No more than twenty percent of the total amount of liquid
bituminous asphalt paving material used shall be cutback asphalt; and
    (2) No more than 2,615,000 gallons of cutback asphalts shall be
used, of which no more than 1,400,000 gallons may be used for dust
palliative work on roadways and shoulders; and
    (3) No more than 2,500,000 gallons total of emulsion Class E-4 and
Class E-5 shall be used unless an equivalent reduction in the use of
cutbacks is made to balance the additional hydrocarbon emissions from
emulsions.
    (b) The Pennsylvania Department of Transportation is required to
submit to the Pennsylvania Department of Environmental Resources, on a
quarterly basis, reports which list for each of the affected counties
the number of gallons of each class of asphalt used. The first quarterly
reports will be submitted in October 1977 for the period between July 1,
1977, and September 30, 1977. Copies of all reports will also be
forwarded to Region III, EPA.
[42 FR 54417, Oct. 6, 1977]
Sec. 52.2055  Review of new sources and modifications.
    (a) Special permit requirement regulations are approved.
    (b) [Reserved]
[39 FR 7283, Feb. 25, 1974, as amended at 46 FR 17554, Mar. 19, 1981; 46
FR 51742, Oct. 22, 1981; 47 FR 8359, Feb. 26, 1982; 60 FR 33924, June
29, 1995]
Sec. 52.2056  [Reserved]
Sec. 52.2057  Requirements for state implementation plan revisions
          relating to new motor vehicles.
    Pennsylvania must comply with the requirements of Sec. 51.120.
[60 FR 4738, Jan. 24, 1995]
Sec. 52.2058  Prevention of significant air quality deterioration.
    (a) The requirements of sections 160 through 165 of the Clean Air
Act are met by the regulations (25 PA Code Sec. 127.81 through 127.83)
adopted by the Pennsylvania Environmental Resources on October 28, 1983.
All PSD permit applications and requests for modifications thereto
should be submitted to: Pennsylvania Department of Environmental
Resources, Bureau of Air Quality Control, 200 North Third Street,
Harrisburg, PA 17120, ATTN: Abatement and Compliance Division.
[49 FR 33128, Aug. 21, 1984]
Sec. 52.2059  Control strategy: Particulate matter.
    (a) Pennsylvania has committed to undertake a comprehensive program
to investigate non-traditional sources, industrial process fugitive
particulate emissions, alternative control measures, and to develop and
implement an effective control program to attain the primary and
secondary NAAQS for particulates. The schedule for this study is as
follows:
  Schedule for Investigating and Controlling Nontraditional Particulate
                            Matter Emissions
------------------------------------------------------------------------
                   Task                            Completion date
------------------------------------------------------------------------
Scheduled tasks:
  1. Quantify nontraditional sources......  June 1, 1980.
  2. Investigate control techniques.......  Apr. 1, 1982.
  3. Investigate source-receptor            June 1, 1980.
   relationship.
Analysis and control strategy development:
  1. Analyze Nonattainment Areas..........  July 1, 1981.
  2. Develop Control Strategies...........  Jan. 1, 1982.
  3. Develop, Adopt, Submit SIP...........  July 1, 1982.
  4. Implement SIP........................  Begin--7/1/82.
------------------------------------------------------------------------
[[Page 469]]
    (b) EPA approves the PM-10 attainment demonstration for the Liberty
Borough Area of Allegheny County submitted by the Pennsylvania
Department of Environmental Protection on January 6, 1994.
[45 FR 33628, May 20, 1980, as amended at 63 FR 47436, Sept. 8, 1998]
Sec. 52.2060  Small Business Assistance Program.
    On February 1, 1993, the Secretary of the Pennsylvania Department of
Environmental Resources submitted a plan for the establishment and
implementation of the Small Business 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 Assistance Program
on March 6, 1995, and made it part of the Pennsylvania SIP. As with all
components of the SIP, Pennsylvania must implement the program as
submitted and approved by EPA.
[60 FR 1741, Jan. 5, 1995]
Sec. 52.2061  Operating permits.
    (a) Emission limitations and related provisions which are
established in Pennsylvania 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.
    (b) Emission limitations and related provisions which are
established in Pennsylvania general operating permits as federally
enforceable conditions shall be enforceable by EPA. EPA reserves the
right to deem general permit conditions not federally enforceable. Such
a determination will be made according to appropriate procedures, and be
based upon the general permit, general permit approval procedures, or
general permit requirements which do not conform with the general
operating permit program requirements or the requirements of EPA's
underlying regulations.
[61 FR 39597, 39601, July 30, 1996]
Sec. 52.2062  Plan approvals.
    (a) Emission limitations and related provisions which are
established in Pennsylvania plan approvals as federally enforceable
conditions shall be enforceable by EPA. EPA reserves the right to deem
plan approval conditions not federally enforceable. Such a determination
will be made according to appropriate procedures, and be based upon the
plan approval, the relevant approval procedures, or plan requirements
which do not conform with the plan approval program requirements or the
requirements of EPA's underlying regulations.
    (b) Emission limitations and related provisions which are
established in Pennsylvania general plan approvals as federally
enforceable conditions shall be enforceable by EPA. EPA reserves the
right to deem general plan approval conditions not federally
enforceable. Such a determination will be made according to appropriate
procedures, and be based upon the general plan approval, the relevant
approval procedures, or plan requirements which do not conform with the
general plan approval program requirements or the requirements of EPA's
underlying regulations.
[61 FR 39597, 39601, July 30, 1996]
                        Subpart OO--Rhode Island
Sec. 52.2070  Identification of plan.
    (a) Purpose and scope. This section sets forth the applicable State
implementation plan for Rhode Island 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 August 9,
1999 was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change
[[Page 470]]
in the material will be published in the Federal Register. Entries in
paragraphs (c) and (d) of this section with EPA approval dates after
August 9, 1999, 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 9, 1999.
    (3) Copies of the materials incorporated by reference may be
inspected at the Region 1 EPA Office at One Congress Street, Boston, MA
02203; the Office of the Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC.; or at the EPA, Air and Radiation Docket
and Information Center, Air Docket (6102), 401 M Street, SW.,
Washington, DC. 20460.
    (c) EPA approved regulations.
                                      EPA Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation              Title/subject      effective    EPA approval date         Explanations
                                                           date
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Regulation  Visible emissions..     02/22/77  05/07/81, 46 FR
 1.                                                                  25446.
Air Pollution Control Regulation  Handling of soft        02/22/77  05/07/81, 46 FR
 2.                                coal..                            25446.
Air Pollution Control Regulation  Particulate             02/22/77  05/07/81, 46 FR
 3.                                emissions from                    25446.
                                   industrial
                                   processes..
Air Pollution Control Regulation  Open fires.........     02/22/77  05/07/81, 46 FR
 4.                                                                  25446.
Air Pollution Control Regulation  Fugitive dust......     02/22/77  05/07/81, 46 FR
 5.                                                                  25446.
Air Pollution Control Regulation  Opacity monitors...     11/22/89  09/30/91, 56 FR
 6.                                                                  49416.
Air Pollution Control Regulation  Emission of air         07/19/77  05/07/81, 46 FR
 7.                                contaminants                      25446.
                                   detrimental to
                                   persons or
                                   property..
Air Pollution Control Regulation  Limitation of           05/02/85  01/08/86, 51 FR 756
 8.                                sulfur in fuels..
Air Pollution Control Regulation  Air Pollution             4/8/96  12/2/99, 64 FR       Definition of VOC
 9.                                Control Permits.                  67500.               revised. All of No. 9
                                                                                          is approved with the
                                                                                          exception of Sections
                                                                                          9.13, 9.14, 9.15, and
                                                                                          Appendix A which Rhode
                                                                                          Island did not submit
                                                                                          as part of the SIP
                                                                                          revision.
Air Pollution Control Regulation  Air pollution           02/22/77  05/07/81, 46 FR
 10.                               episodes..                        25446.
Air Pollution Control Regulation  Petroleum liquids       01/31/93  12/17/93, 58 FR
 11.                               marketing and                     65933.
                                   storage..
Air Pollution Control Regulation  Incinerators.......     04/22/81  04/26/82, 47 FR
 12.                                                                 17817.
Air Pollution Control Revisions   Particulate             10/05/82  03/29/83, 48 FR
 to Regulation 13.                 emissions from                    13027.
                                   fossil fuel fired
                                   steam or hot water
                                   generating units..
Air Pollution Control Regulation  Record Keeping and        4/8/96  12/2/99, 64 FR       Definition of VOC
 14.                               Reporting.                        67500.               revised.
Air Pollution Control Regulation  Control of Organic        4/8/96  12/2/99, 64 FR       Limited approval.
 15.                               Solvent Emissions.                67500.               Applicability
                                                                                          threshold decreased to
                                                                                          50 tpy. Definition of
                                                                                          VOC revised. All of
                                                                                          No. 15 is approved
                                                                                          with the exception of
                                                                                          15.2.2 which Rhode
                                                                                          Island did not submit
                                                                                          as part of the SIP
                                                                                          revision.
Air Pollution Control Regulation  Operation of air        02/22/77  05/07/81, 46 FR
 16.                               pollution control                 25446.
                                   system..
Air Pollution Control Regulation  Odors..............     02/22/77  05/07/81, 46 FR
 17.                                                                 25446.
Air Pollution Control Regulation  Control of             Withdrawn  12/2/99, 64 FR       No. 18 is superseded by
 18.                               Emissions from                    67500.               No. 36.
                                   Organic Solvent
                                   Cleaning.
[[Page 471]]
Air Pollution Control Regulation  Control of Volatile       3/7/96  12/2/99, 64 FR       Definition of VOC
 19.                               Organic Compounds                 67500.               revised. Wood products
                                   from Surface                                           requirements deleted
                                   Coating Operations.                                    because state adopted
                                                                                          new Regulation No. 36
                                                                                          which addresses wood
                                                                                          products.
Air Pollution Control Regulation  Control of Volatile       4/8/96  12/2/99, 64 FR       Applicability threshold
 21.                               Organic Compound                  67500.               decreased to 50 tpy.
                                   Emissions from                                         Definition of VOC
                                   Printing                                               revised. All of No. 21
                                   Operations.                                            is approved with the
                                                                                          exception of Section
                                                                                          21.2.3 which the state
                                                                                          did not submit as part
                                                                                          of the SIP revision.
Air Pollution Control Regulation  Control of VOC            4/8/96  12/2/99, 64 FR       Definition of VOC
 25.                               Emissions from                    67500.               revised. All of No. 25
                                   Cutback and                                            is approved with the
                                   Emulsified Asphalt.                                    exception of Section
                                                                                          25.2.2 which the state
                                                                                          did not submit as part
                                                                                          of the SIP revision.
Air Pollution Control Regulation  Control of Organic        4/8/96  12/2/99, 64 FR       Definition of VOC
 26.                               Solvent Emissions                 67500.               revised. All of No. 26
                                   from Manufacture                                       is approved with the
                                   of Synthesized                                         exception of 26.2.3
                                   Pharmaceutical                                         which the state did
                                   Products.                                              not submit as part of
                                                                                          the SIP revision.
Air Pollution Control Regulation  Control of nitrogen     01/16/96  09/02/97, 62 FR
 27.                               oxide emissions..                 46202.
Air Pollution Control Regulation  Emissions..........     04/28/95  03/22/96, 61 FR      This rule limits a
 29.3.                                                               11735.               source's potential to
                                                                                          emit, therefore
                                                                                          avoiding RACT, Title V
                                                                                          Operating Permit.
Air Pollution Control Regulation  Control of VOCs           4/8/96  12/2/99, 64 FR       Definition of VOC
 30.                               from Automobile                   67500.               revised. All of No. 30
                                   Refinishing.                                           is approved with the
                                                                                          exception of Section
                                                                                          30.2.2 which the state
                                                                                          did not submit as part
                                                                                          of the SIP revision.
Air Pollution Control Regulation  Control of VOCs           4/8/96  12/2/99, 64 FR       Definition of VOC
 31.                               from Commercial                   67500.               revised. All of No. 31
                                   and Consumer                                           is approved with the
                                   Products.                                              exception of Section
                                                                                          31.2.2 which the state
                                                                                          did not submit as part
                                                                                          of the SIP revision.
Air Pollution Control Regulation  Control of VOCs           4/8/96  12/2/99, 64 FR       Definition of VOC
 32.                               from Marine Vessel                67501.               revised. All of No. 32
                                   Loading Operations.                                    is approved with the
                                                                                          exception of Section
                                                                                          32.2.2 which the state
                                                                                          did not submit as part
                                                                                          of the SIP revision.
Air Pollution Control Regulation  Control of VOCs           4/8/96  12/2/99, 64 FR       Definition of VOC
 33.                               from Architectural                67501.               revised All of No. 33
                                   Coatings and                                           is approved with the
                                   Industrial                                             exception of Section
                                   Maintenance                                            33.2.2 which the state
                                   Coatings.                                              did not submit as part
                                                                                          of the SIP revision.
Air Pollution Control Regulation  Control of VOCs and       7/7/96  12/2/99, 64 FR       All of No. 35 is
 35.                               Volatile Hazardous                67501.               approved with the
                                   Air Pollutants                                         exception of Section
                                   from Wood Products                                     35.2.3 which the state
                                   Manufacturing                                          did not submit as part
                                   Operations.                                            of the SIP revision.
Air Pollution Control Regulation  Control of               4/18/96  12/2/99, 64 FR       All of No. 36 is
 36.                               Emissions from                    67501.               approved with the
                                   Organic Solvent                                        exception of Section
                                   Cleaning.                                              36.2.2 which the state
                                                                                          did not submit as part
                                                                                          of the SIP revision.
Air Pollution Control Regulation  Rhode Island's Low       12/7/99  3/9/00, 65 FR 12480  Includes National LEV
 37.                               Emission Vehicle                                       as a compliance
                                   Program.                                               alternative.
Air Pollution Control Regulation  Nitrogen Oxides         06/10/98  06/02/99, 64 FR
 38.                               Allowance Program..               29567.
----------------------------------------------------------------------------------------------------------------
    (d) EPA-approved State Source specific requirements.
[[Page 472]]
                             EPA-Approved Rhode Island Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
         Name of source                Permit No.       effective    EPA approval date         Explanations
                                                           date
----------------------------------------------------------------------------------------------------------------
Narragansett Electric Company     A.H. File No. 83-12-    08/29/83  07/27/84, 49 FR      Revisions to Air
 South Street Station in           AP.                               30177.               Pollution Control
 Providence.                                                                              Regulation 8, ``Sulfur
                                                                                          Content of Fuels,''
                                                                                          specifying maximum
                                                                                          sulfur-in-coal limits
                                                                                          (1.21 lbs/MMBtu on a
                                                                                          30-day rolling average
                                                                                          and 2.31 lbs/MMBtu on
                                                                                          a 24-hour average).
                                                                                          These revisions
                                                                                          approve Section 8.3.4,
                                                                                          ``Large Fuel Burning
                                                                                          Devices Using Coal,''
                                                                                          for South Street
                                                                                          Station only.
Stanley Bostitch, Bostitch        A.H. File No. 85-8-     06/06/85  12/11/86, 51 FR      RI DEM and Bostitch
 Division of Textron.              AP.                               44604.               administrative consent
                                                                                          agreement effective 6/
                                                                                          6/85. Requires
                                                                                          Bostitch to
                                                                                          reformulate certain
                                                                                          solvent-based coatings
                                                                                          to low/no solvent
                                                                                          formulation by 12/31/
                                                                                          86. Also addendum
                                                                                          dated 9/20/85 defining
                                                                                          emission limitations
                                                                                          reformulated coatings
                                                                                          must meet.
                                                                                         (A) An administrative
                                                                                          consent agreement
                                                                                          between the RI DEM and
                                                                                          Bostitch Division of
                                                                                          Textron.
                                                                                         (B) A letter to
                                                                                          Bostitch Division of
                                                                                          Textron from the RI
                                                                                          DEM dated September
                                                                                          20, 1985 which serves
                                                                                          as an addendum to the
                                                                                          consent agreement. The
                                                                                          addendum defines the
                                                                                          emission limitations
                                                                                          which Bostitch's
                                                                                          Division of Textron
                                                                                          reformulated coatings
                                                                                          must meet.
Keene Corporation, East           A.H. File No. 85-10-    09/12/85  08/31/87, 52 FR      RI DEM and Keene
 Providence, RI.                   AP.                               2793.                Corporation
                                                                                          administrative consent
                                                                                          agreement effective 9/
                                                                                          12/85. Granting final
                                                                                          compliance date
                                                                                          extension for the
                                                                                          control of organic
                                                                                          solvent emissions from
                                                                                          six paper coating
                                                                                          lines.
                                                                                         (A) Letter from the RI
                                                                                          DEM dated November 5,
                                                                                          1985 submitting
                                                                                          revisions to the RI
                                                                                          SIP.
                                                                                         (B) An administrative
                                                                                          consent agreement
                                                                                          between the RI DEM and
                                                                                          Keene Corporation.
Tech Industries.................  File No. 86-12-AP..     11/24/87  03/10/89, 54 FR      RI DEM and Tech
                                                                     10147.               Industries original
                                                                                          administrative consent
                                                                                          agreement (86-12-AP)
                                                                                          [except for provisions
                                                                                          7 and 8] effective 6/
                                                                                          12/86, an addendum
                                                                                          effective 11/24/87,
                                                                                          defining and imposing
                                                                                          reasonably available
                                                                                          control technology to
                                                                                          control volatile
                                                                                          organic compounds.
                                                                                         (A) An administrative
                                                                                          consent agreement (86-
                                                                                          12-AP), except for
                                                                                          Provisions 7 and 8,
                                                                                          between the RI DEM and
                                                                                          Tech Industries
                                                                                          effective June 12,
                                                                                          1986.
                                                                                         (B) An addendum to the
                                                                                          administrative consent
                                                                                          agreement (86-12-AP)
                                                                                          between the RI DEM and
                                                                                          Tech Industries. The
                                                                                          addendum was effective
                                                                                          November 24, 1987.
                                                                                         (C) Letters dated May
                                                                                          6, 1987; October 15,
                                                                                          1987; and January 4,
                                                                                          1988 submitted to the
                                                                                          EPA by the RI DEM.
University of Rhode Island......  A.P. File No. 87-5-     03/17/87  09/19/89, 54 FR      Revisions to the SIP
                                   AP.                               38517.               submitted by the RI
                                                                                          DEM on April 28, 1989,
                                                                                          approving a renewal of
                                                                                          a sulfur dioxide
                                                                                          bubble for the
                                                                                          University of Rhode
                                                                                          Island.
University of Rhode Island......  File No. 95-50-AP..     03/12/96  09/02/97, 62 FR      An administrative
                                                                     46202.               consent agreement
                                                                                          between RIDEM and
                                                                                          University of Rhode
                                                                                          Island, Alternative
                                                                                          NO<INF>X</INF> RACT (RI
                                                                                          Regulation 27.4.8)
Providence Metallizing in         File No. 87-2-AP...     04/24/90  09/06/90, 55 FR      Define and impose RACT
 Pawtucket, Rhode Island.                                            36635.               to control volatile
                                                                                          organic compound
                                                                                          emissions.
[[Page 473]]
                                                                                         (A) Letter from the
                                                                                          RIDEM dated April 26,
                                                                                          1990, submitting a
                                                                                          revision to the RI
                                                                                          SIP.
                                                                                         (B) An administrative
                                                                                          consent agreement (87-
                                                                                          2-AP) between the RI
                                                                                          DEM and Providence
                                                                                          Metallizing effective
                                                                                          July 24, 1987.
                                                                                         (C) An amendment to the
                                                                                          administrative consent
                                                                                          agreement (87-2-AP)
                                                                                          between the RI DEM and
                                                                                          Providence Metallizing
                                                                                          effective May 4, 1989.
                                                                                         (D) An addendum to the
                                                                                          administrative consent
                                                                                          agreement (87-2-AP)
                                                                                          between the RI DEM and
                                                                                          Providence Metallizing
                                                                                          effective April 24,
                                                                                          1990.
Tillotson-Pearson in Warren,      File No. 90-1-AP...     06/05/90  08/31/90, 55 FR      Revisions to the SIP
 Rhode Island.                                                       35623.               submitted by the RI
                                                                                          DEM on May 24, 1990,
                                                                                          to define and impose
                                                                                          RACT to control
                                                                                          volatile organic
                                                                                          compound emissions.
                                                                                         (A) Letter from the RI
                                                                                          DEM dated May 24, 1990
                                                                                          submitting a revision
                                                                                          to the RI SIP.
                                                                                         (B) An Administrative
                                                                                          consent agreement (90-
                                                                                          1-AP) between the RI
                                                                                          DEM and Tillotson-
                                                                                          Pearson.
Rhode Island Hospital...........  File No. 95-14-AP..     11/27/95  09/02/97, 62 FR      Alternative NO<INF>X</INF> RACT.
                                                                     46202.               An administrative
                                                                                          consent agreement
                                                                                          between the RI DEM and
                                                                                          RI Hospital.
Osram Sylvania Incorporated.....  File No. 95-14-AP..     09/04/96  09/02/97, 62 FR      Alternative NO<INF>X</INF> RACT.
                                                                     46202.
                                  Air Pollution                                          (A) An Administrative
                                   Permit Approval,                                       consent agreement
                                   No. 1350.                                              between the RI DEM and
                                                                                          Osram Sylvania
                                                                                          Incorporated, file no.
                                                                                          95-14-AP, effective
                                                                                          September 4, 1996.
                                                                                         (B) An air pollution
                                                                                          Permit approval, no.
                                                                                          1350 Osram Sylvania
                                                                                          Incorporated issued by
                                                                                          RIDEM effective May
                                                                                          14,1996.
Algonquin Gas Transmission        File No. 95-52-AP..     12/05/95  09/02/97, 62 FR      Alternative NO<INF>X</INF> RACT.
 Company.                                                            46202.
                                                                                         (A) Letter from the RI
                                                                                          DEM dated September
                                                                                          17, 1996 submitting a
                                                                                          revision to the RI
                                                                                          SIP.
                                                                                         (B) An administrative
                                                                                          consent agreement
                                                                                          between RIDEM and
                                                                                          Algonquin Gas
                                                                                          Transmission Company,
                                                                                          effective on December
                                                                                          5, 1995.
Bradford Dyeing Association, Inc  File No. 95-28-AP..     11/17/95  09/02/97, 62 FR      Alternative NO<INF>X</INF> RACT.
                                                                     46202.               An administrative
                                                                                          consent agreement
                                                                                          between RIDEM and
                                                                                          Bradford Dyeing
                                                                                          Association, Inc.
Hoechst Celanese Corporation....  File No. 95-62-AP..     11/20/95  09/02/97, 62 FR      Alternative NO<INF>X</INF> RACT.
                                                                     46202.               An administrative
                                                                                          consent agreement
                                                                                          between RIDEM and
                                                                                          Hoechst Celanese
                                                                                          Corporation.
Naval Education and Training      File No. 96-07-AP..     03/04/96  09/02/97, 62 FR      Alternative NO<INF>X</INF> RACT.
 Center in Newport.                                                  46202.               An administrative
                                                                                          consent agreement
                                                                                          between RIDEM and
                                                                                          Naval Education and
                                                                                          Training Center in
                                                                                          Newport.
Rhode Island Economic             File No. 96-04-AP..     09/02/97  06/02/99, 64 FR      Alternative NO<INF>X</INF> RACT. A
 Development.                                                        29567.               consent agreement
                                                                                          between RIDEM and
                                                                                          Rhode Island Economic
                                                                                          Development
                                                                                          Corporation's Central
                                                                                          Heating Plant in North
                                                                                          Kingstown.
Cranston Print Works............  A. H. File No. 95-      12/19/95  12/2/99, 64 FR       Non-CTG VOC RACT
                                   30-AP.                            67501.               Determination.
CCL Custom Manufacturing........  A. H. File No. 97-       4/10/97  12/2/99, 64 FR       Non-CTG VOC RACT
                                   02-AP.                 10/27/99   67501.               Determination.
Victory Finishing Technologies..  A. H. File No. 96-       5/24/96  12/2/99, 64 FR       Alternative VOC RACT
                                   05-AP.                            67501.               Determination.
Quality Spray and Stenciling....  A. H. File No. 97-      10/21/97  12/2/99, 64 FR       Alternative VOC RACT
                                   04-AP.                  7/13/99   67501.               Determination.
[[Page 474]]
Guild Music.....................  A. H. File No. 95-       11/9/95  12/2/99, 64 FR       Alternative VOC RACT
                                   65-AP.                            67501.               Determination.
----------------------------------------------------------------------------------------------------------------
    (e) Nonregulatory.
                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of non regulatory SIP      geographic or     State submittal
           provision               nonattainment      date/effective   EPA approved date       Explanations
                                        area               date
----------------------------------------------------------------------------------------------------------------
Notice of public hearing.......  Statewide........  Submitted 02/09/   06/15/72, 37 FR    Proposed
                                                     72.                11911.             Implementation Plan
                                                                                           Regulations, RI
                                                                                           Department of Health.
Miscellaneous non-regulatory     Statewide........  Submitted 02/29/   07/27/72, 37 FR    Approval and
 additions to the plan                               72.                15080.             promulgation of
 correcting minor deficiencies.                                                            Implementation Plan
                                                                                           Miscellaneous
                                                                                           Amendments, RI
                                                                                           Department of Health.
Compliance schedules...........  Statewide........  Submitted 04/24/   06/20/73, 38 FR    Submitted by RI
                                                     73.                16144.             Department of Health.
AQMA identifications for the     Statewide........  Submitted 04/11/   04/29/75, 40 FR    Submitted by RI
 State of Rhode Island.                              74.                18726.             Department of Health.
Letter identifying Metropolitan  Metropolitan       Submitted 09/06/   04/29/75, 40 FR    Submitted by the
 Providence as an AQMA.           Providence.        74.                18726.             Governor.
A comprehensive air quality      Statewide........  Submitted 01/08/   01/15/81, 46 FR    Submitted by the RI
 monitoring plan, intended to                        80.                3516.              Department of
 meet requirements of 40 CFR                                                               Environmental
 part 58.                                                                                  Management Director.
Attainment plans to meet the     Statewide........  Submitted 05/14/   05/07/81, 46 FR    Attainment plans to
 requirements of Part D of the                       79, 06/11/79, 08/  25446.             meet the requirements
 Clean Air Act, as amended in                        13/79, 01/08/80,                      of Part D of the
 1977, Included are plans to                         01/24/80, 03/10/                      Clean Air Act, as
 attain the carbon monoxide and                      80, 03/31/80, 04/                     amended in 1977.
 ozone standards and                                 21/80, 06/06/80,
 information allowing for the                        06/13/80, 08/20/
 re-designation of Providence                        80, 11/14/80, 03/
 to non-attainment for the                           04/81, 03/05/81
 primary TSP standard based on                       and, 04/16/81.
 new data.
A program for the review of
 construction and operation of
 new and modified major
 stationary sources of
 pollution in non-attainment
 areas.
Certain miscellaneous
 provisions unrelated to Part D
 are also included.
[[Page 475]]
Section VI, Part II,             Statewide........  Submitted 05/14/   06/28/83, 48 FR    As submitted by RI DEM
 ``Stationary Source Permitting                      82; and 07/01/82.  29690.             on May 14, 1982 and
 and Enforcement'' of the                                                                  July 1, 1982 for
 narrative.                                                                                review of new major
                                                                                           sources and major
                                                                                           modifications in
                                                                                           nonattainment areas.
                                                                                           Also included are
                                                                                           revisions to add
                                                                                           rules for banking
                                                                                           emission reductions.
Revisions to the Rhode Island    Statewide........  Submitted 05/14/   07/06/83, 48 FR    Submitted by the
 State Implementation Plan for                       82; 07/01/82; 07/  31026.             Department of
 attainment of the primary                           07/82; 10/04/82;                      Environmental
 National Ambient Air Quality                        and 03/02/83.                         Management.
 Standard for ozone 1982 Ozone
 Attainment Plan.
Revisions to attain and          Statewide........  Submitted 07/07/   09/15/83, 48 FR    Submitted by the
 maintain the lead NAAQS.                            83.                41405.             Department of
                                                                                           Environmental
                                                                                           Management.
Section VI, Part II of the       Statewide........  Submitted 02/06/   07/06/84, 49 FR    To incorporate the
 associated narrative of the RI                      84; 01/27/84;      27749.             requirements for the
 SIP.                                                and 06/06/84.                         Prevention of
                                                                                           Significant
                                                                                           Deterioration of 40
                                                                                           CFR 51.24, permitting
                                                                                           major stationary
                                                                                           sources of lead and
                                                                                           other miscellaneous
                                                                                           changes.
Letter from RI DEM submitting    Statewide........  Submitted 01/14/   10/30/96, 61 FR    A revision to the RI
 an amendment to the RI State                        94; and 06/14/94.  55897.             SIP regarding ozone
 Implementation Plan.                                                                      monitoring. RI will
                                                                                           modify its SLAMS and
                                                                                           its NAMS monitoring
                                                                                           systems to include a
                                                                                           PAMS network design
                                                                                           and establish
                                                                                           monitoring sites. The
                                                                                           State's SIP revision
                                                                                           satisfies 40 CFR
                                                                                           58.20(f) PAMS
                                                                                           requirements.
Section VII of the RI SIP
 Ambient Air Quality
 Monitoring.
Letter from RI DEM submitting    Statewide........  Submitted 03/15/   10/30/96, 61 FR    Revision to the RI SIP
 revisions.                                          94.                55903.             regarding the States'
                                                                                           Contingency Plan.
Letter from RI DEM submitting    Statewide........  Submitted 03/15/   04/17/97, 62 FR    The revisions consist
 revision--Rhode Island's 15                         94.                18712.             of the State's 15
 Percent Plan and Contingency                                                              Percent Plan and
 Plan.                                                                                     Contingency Plan. EPA
                                                                                           approved only the
                                                                                           following portions of
                                                                                           these submittals:
                                                                                          15 Percent Plan--the
                                                                                           EPA approved the
                                                                                           calculation of the
                                                                                           required emission
                                                                                           reductions, and the
                                                                                           emission reduction
                                                                                           credit claimed from
                                                                                           surface coating,
                                                                                           printing operations,
                                                                                           marine vessel
                                                                                           loading, plant
                                                                                           closures (0.79 tons
                                                                                           per day approved out
                                                                                           of 0.84 claimed),
                                                                                           cutback asphalt, auto
                                                                                           refinishing, stage
                                                                                           II, reformulated gas
                                                                                           in on-road and off-
                                                                                           road engines, and
                                                                                           tier I motor vehicle
                                                                                           controls.
                                                                                          Contingency Plan--the
                                                                                           EPA approved the
                                                                                           calculation of the
                                                                                           required emission
                                                                                           reduction, and a
                                                                                           portion of the
                                                                                           emission reduction
                                                                                           credits claimed from
                                                                                           Consumer and
                                                                                           Commercial products
                                                                                           (1.1 tons per day
                                                                                           approved out of 1.9
                                                                                           tons claimed), and
                                                                                           architectural and
                                                                                           industrial
                                                                                           maintenance (AIM)
                                                                                           coatings (1.9 tons
                                                                                           per day approved out
                                                                                           of 2.4 tons claimed).
[[Page 476]]
                                                                                          EPA concurrently
                                                                                           disapproved portions
                                                                                           of these SIP
                                                                                           submissions, as
                                                                                           discussed within
                                                                                           Section
                                                                                           52.2084(a)(2).
Letter from RI DEM submitting    Providence (all    10/5/94..........  3/9/00, 65 FR
 revision for Clean Fuel Fleet    of Rhode Island)                      12476.
 Substitution Plan.               nonattainment
                                  area.
Letter outlining commitment to   Statewide........  2/22/99..........  3/9/00, 65 FR      Includes details of
 National LEV.                                                          12480.             the State's
                                                                                           commitment to
                                                                                           National LEV.
----------------------------------------------------------------------------------------------------------------
[64 FR 43085, Aug. 9, 1999, as amended at 64 FR 67500, Dec. 2, 1999; 65
FR 12476, 12480, Mar. 9, 2000]
Sec. 52.2071  Classification of regions.
    The Rhode Island 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 Providence Interstate........................           I          I       III         I          I
----------------------------------------------------------------------------------------------------------------
[37 FR 10891, May 31, 1972, as amended at 38 FR 34325, Dec. 13, 1973; 39
FR 16347, May 8, 1974; 46 FR 25460, May 7, 1981]
Sec. 52.2072  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Rhode Island's plan, as identified in Sec. 52.2070 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 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 submittal of RACT
requirements by January 1, 1981 for the sources covered by CTGs issued
between January 1978 and January 1979 and adoption and submittal by each
subsequent January as additional RACT requirements for sources covered
by CTGs issued by the previous January.
[46 FR 25460, May 7, 1981]
Sec. 52.2073  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) Information obtained from owner or operators of stationary
sources pursuant to Sec. 52.2075 will be correlated with applicable
emission limitations and other control regulations and will be made
available for public inspection at the Rhode Island Department of
Health, 204 Health Building, Providence, RI.
[37 FR 10891, May 31, 1972, as amended at 41 FR 2232, Jan. 15, 1976; 51
FR 40676, Nov. 7, 1986]
Sec. 52.2074  Legal authority.
    (a) The requirements of Sec. 51.230(e) of this chapter are not met.
Authority to require recordkeeping is deficient to the extent that
section 23-25-13 requires only those sources with an air pollution
control program to keep records.
    (b) The requirements of Sec. 51.230(f) of this chapter are not met.
Authority to release emission data to the public is
[[Page 477]]
deficient in that section 23-25-6 requires that only records concerning
investigations be available to the public. Further, section 23-25-5(g)
and section 23-25-13 may limit the State's authority to release emission
data. Authority to require sources to install and maintain monitoring
equipment is not provided and is therefore inadequate. Authority to
require sources to periodically report is not provided and is therefore
inadequate.
[37 FR 10891, May 31, 1972, as amended at 39 FR 7283, Feb. 25, 1974; 39
FR 12350, Apr. 5, 1974; 51 FR 40676, Nov. 7, 1986]
Sec. 52.2075  Source surveillance.
    (a) The requirements of Sec. 51.211 of this chapter are not met
since the plan lacks adequate legal authority to require owners or
operators of stationary sources to maintain records of, and periodically
report information as may be necessary to enable the state to determine
whether such sources are in compliance with applicable portions of the
control strategy.
    (b) Regulation for source recordkeeping and reporting.
    (1) The owner or operator of all stationary sources which have the
potential to emit a total of 100 tons or more per year of any one air
contaminant for which there is a national standard shall maintain
records of, and submit to the Director, data on operational processes,
fuel usage, emission, stack parameters, boiler capacities, types of
equipment generating air contaminants and air contaminant control
devices that may be necessary to determine if the source is in
compliance with applicable rules and regulations of the Department. Upon
notification of the Administrator, or the Director of the Rhode Island
Department of Health, sources with the potential to emit less than 100
tons per year of any air contaminant shall also be subject to the
requirements of this paragraph. For the purposes of this paragraph,
potential emissions shall be calculated at the design load assuming no
control equipment is in use and fuel having a sulfur content of 2.2
percent by weight (dry basis) is being burned.
    (2) The information recorded by the owner or operator of a
stationary source shall be summarized and reported to the Director of
the Department of Health on forms furnished by him. They shall be
submitted within 30 days following 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 the
summarizing reports submitted to the Director shall be retained by the
owner or operator for two years after the date on which the pertinent
report is submitted.
[41 FR 2232, Jan. 15, 1976, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.2076  Attainment of dates for national standards.
    The following table presents the latest dates by which the national
standards are to be attained. These dates reflect the information
presented in Rhode Island's plan, except where noted.
----------------------------------------------------------------------------------------------------------------
                                                    Pollutant
                              ----------------------------------------------------
  Air quality control region              TSP                       SO<INF>2</INF>               NO<INF>2</INF>        CO        O<INF>3</INF>
             \1\              ----------------------------------------------------
                                Primary     Secondary     Primary     Secondary
----------------------------------------------------------------------------------------------------------------
Providence...................  a          d              a          b              a          c         c
E. Providence................  a          b              a          b              a          a         c
Cranston.....................  a          b              a          b              a          a         c
Warwick......................  a          b              a          b              a          a         c
N. Providence................  a          b              a          b              a          a         c
Pawtucket....................  a          b              a          b              a          a         c
Central Falls................  a          b              a          b              a          a         c
Remainder of Rhode Island      a          b              a          b              a          a         c
 portion of AQCR 120.
----------------------------------------------------------------------------------------------------------------
a. Air quality levels presently better than primary standards or area is unclassifiable.
b. Air quality levels presently better than secondary standards or area is unclassifiable.
c. December 31, 1982.
d. Attainment date not established.
[[Page 478]]
\1\ Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to
  the 1977 Clean Air Act Amendments remain obligated to comply with those requirements by the earlier deadlines.
  The earlier attainment dates are set out at 40 CFR 52.2076 (1978).
[50 FR 52461, Dec. 24, 1985]
Sec. 52.2078  Enforcement.
    (a) Sections 23-25-5(h) and 23-25-8(a) of the General Laws of Rhode
Island are disapproved insofar as they permit the Rhode Island Director
of the Department of Health to issue abatement orders (1) that defer
compliance with plan requirements beyond the dates required for
attainment of the national standards, (2) without the approval of the
Administrator, and (3) for reasons not permitted by the Clean Air Act.
    (b) Regulation limiting administrative abatement orders. (1) No
order deferring compliance with a requirement of the Rhode Island
Implementation Plan shall be issued by the Director of the Department of
Health which does not meet the following requirements:
    (i) An order must require compliance with the plan requirement
within the times and under the conditions specified in Sec. 51.261 (a)
and (b) of this chapter.
    (ii) An order may not defer compliance beyond the last date
permitted by section 110 of the Act for attainment of the national
standard which the plan implements unless the procedures and conditions
set forth in section 110(f) of the Act are met.
    (iii) An order shall not be effective until it has been submitted to
and approved by the Administrator in accordance with Secs. 51.104,
51.105, 51.261 and 51.262(a).
    (2) Notwithstanding the limitations of paragraph (b)(1)(ii) of this
section, an order may be granted which provides for compliance beyond
the statutory attainment date for a national standards where compliance
is not possible because of breakdowns or malfunctions of equipment, acts
of God, or other unavoidable occurrences. However, such order may not
defer compliance for more than three (3) months unless the procedures
and conditions set forth in section 110(f) of the Act are met.
[38 FR 18879, 18880, July 16, 1973, as amended at 38 FR 30878, Nov. 8,
1973; 51 FR 40675, 40676, 40677, Nov. 7, 1986]
Sec. 52.2079  Requirements for state implementation plan revisions
          relating to new motor vehicles.
    Rhode Island must comply with the requirements of Sec. 51.120.
[60 FR 4738, Jan. 24, 1995]
Sec. 52.2080  Revisions.
    (a) The revision procedures of the Rhode Island plan are not
adequate since the plan does not expressly provide for revisions at the
times and under the conditions set forth in Sec. 51.104 of this chapter.
    (b) Regulation for plan revisions. (1) The Rhode Island
implementation plan shall be revised:
    (i) When necessary to take account of a revision of the national
primary or secondary ambient air quality standard which it implements;
    (ii) When improved or more expeditious methods of attaining a
national standard which it implements become available;
    (iii) When the Administrator finds that the plan is substantially
inadequate to attain or maintain the national standard which it
implements and issues notice of such finding pursuant to Sec. 51.104 of
this chapter.
    (2) The Rhode Island implementation plan may be revised from time to
time to the extent such revisions are consistent with the requirements
applicable to implementation plans set forth in this chapter and the
Act.
    (3) No revisions shall be effective until the hearing requirements
of Sec. 51.102 of this chapter have been satisfied.
[38 FR 18879, 18880, July 16, 1973, as amended at 38 FR 30878, Nov. 8,
1973; 51 FR 40675, Nov. 7, 1986]
Sec. 52.2081  EPA-approved EPA Rhode Island State regulations.
    The following table identifies the State regulations which have been
approved by EPA and incorporated by reference into the Rhode Island
State Implementation Plan. This table is for informational purposes only
and does not
[[Page 479]]
have any independent regulatory requirements for a specific situation
consult the plan identified in Sec. 52.2070. To the extent that this
table conflicts with Sec. 52.2070, Sec. 52.2070 governs.
                                Table 52.2081--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
                                      Date         Date                                            Comments/
    State        Title/subject     adopted by  approved by      FR citation        52.2070        Unapproved
  citation                           State         EPA                                             sections
----------------------------------------------------------------------------------------------------------------
              Air pollution
               control
               regulation.
----------------------------------------------------------------------------------------------------------------
No. 1.......  Visible emissions.      8/02/67      5/31/72  37 FR 10842........  (b)........
                                 -------------------------------------------------------------------------------
                                      2/28/72      5/31/72  37 FR 10842........  (b)........
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
----------------------------------------------------------------------------------------------------------------
No. 2.......  Handfiring of soft      8/02/67      5/31/72  37 FR 10842........  (b)........
               coal.
                                 -------------------------------------------------------------------------------
                                      2/28/72      5/31/72  37 FR 10842........  (b)........
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
----------------------------------------------------------------------------------------------------------------
No. 3.......  Particulate             8/02/67      5/31/72  37 FR 10842........  (b)........
               emissions from
               industrial
               processes.
                                 -------------------------------------------------------------------------------
                                      2/28/72      5/31/72  37 FR 10842........  (b)........
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
----------------------------------------------------------------------------------------------------------------
No. 4.......  Open fires........      8/02/67      5/31/72  37 FR 10842........  (b)........
                                 -------------------------------------------------------------------------------
                                     10/01/71      5/31/72  37 FR 10842........  (b)........
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
----------------------------------------------------------------------------------------------------------------
No. 5.......  Fugitive dust.....      8/02/67      5/31/72  37 FR 10842........  (b)........
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
----------------------------------------------------------------------------------------------------------------
No. 6.......  Opacity monitors..      8/02/67      5/31/72  37 FR 10842........  (b)........
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
                                 -------------------------------------------------------------------------------
                                     11/22/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 6.
----------------------------------------------------------------------------------------------------------------
No. 7.......  Emission of air         8/02/67      5/31/72  37 FR 10842........  (b)........
               contaminants
               detrimental to
               persons or
               property.
                                 -------------------------------------------------------------------------------
                                      7/19/77      5/07/81  46 FR 25446........  (c)(12)....
----------------------------------------------------------------------------------------------------------------
No. 8.......  Sulfur content of      10/01/71      5/31/72  37 FR 10842........  (b)........
               fuels.
                                 -------------------------------------------------------------------------------
                                      5/28/74     11/03/75  40 FR 51044........  (c)(8).....
                                 -------------------------------------------------------------------------------
                                  ...........      1/21/81  46 FR 5980.........  (c)(13)....  Narragansett
                                                                                               Electric Bubble.
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
                                 -------------------------------------------------------------------------------
[[Page 480]]
                                  ...........     12/30/81  46 FR 63043........  (c)(14)....  Temporary
                                                                                               Relaxation for
                                                                                               Bradford Dye.
                                 -------------------------------------------------------------------------------
                                  ...........     11/10/82  47 FR 50866........  (c)(16)....  Temporary
                                                                                               Relaxation for
                                                                                               Kenyon Piece Dye
                                                                                               Works.
                                 -------------------------------------------------------------------------------
                                     10/05/82      3/29/83  48 FR 13027........  (c)(17)....  Conversion/
                                                                                               Conservation
                                                                                               Incentive/Bubble.
                                 -------------------------------------------------------------------------------
                                      5/15/84  49 FR 20493  (c)(21)............  URI Bubble.
                                 -------------------------------------------------------------------------------
                                      8/29/83      7/27/84  49 FR 30177........  (c)(23)....  Narragansett
                                                                                               Electric (South
                                                                                               Street).
                                 -------------------------------------------------------------------------------
                                      5/02/85       1/8/86  51 FR 756..........  (c)(24)....  Requires sampling
                                                                                               valve.
                                 -------------------------------------------------------------------------------
                                     12/16/85       8/1/86  51 FR 27538........  (c)(25)....  Temporary
                                                                                               relaxation for
                                                                                               Seville Dyeing
                                                                                               Corporation in
                                                                                               Woon-socket.
                                 -------------------------------------------------------------------------------
                                      3/17/87      9/19/89  54 FR 38518........  (c)(34)....  URI bubble
                                                                                               renewal.
----------------------------------------------------------------------------------------------------------------
No. 9.......  Approval to            10/03/71      5/31/72  37 FR 10842........  (b)........
               construct, modify
               or operate.
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
                                 -------------------------------------------------------------------------------
                                      4/12/81      5/07/81  46 FR 25446........  (c)(12)....  No action on
                                                                                               9.2.3(b) and
                                                                                               9.12.
                                 -------------------------------------------------------------------------------
                                      4/05/82      6/28/83  48 FR 29690........  (c)(18)....  NSR fully
                                                                                               approved, 9.12
                                                                                               Emission Banking
                                                                                               approved.
                                 -------------------------------------------------------------------------------
                                      2/13/84       7/6/84  49 FR 27749........  (c)(22)....  PSD fully
                                                                                               approved,
                                                                                               9.2.3(b)
                                                                                               approved.
                                 -------------------------------------------------------------------------------
                                      5/02/85       1/8/86  51 FR 756..........  (c)(24)....  Additional BACT
                                                                                               requirements.
                                 -------------------------------------------------------------------------------
                                      5/20/91      10/7/91  56 FR 50516........  (c)(38)....  Addition of PSD
                                                                                               NO<INF>2</INF> increments.
              Air Pollution            3/4/93       2/6/96  61 FR 4356.........  (c)(41)....  Addition of NSR
               Control Permits.                                                                and other CAAA
                                                                                               requirements
                                                                                               under Amended
                                                                                               Regulation No. 9
                                                                                               except for
                                                                                               Chapters 9.13,
                                                                                               9.14, 9.15, and
                                                                                               Appendix A.
              Air Pollution           7/30/96       6/2/99  64 FR 29566........  (c)(54)....  5
               Control Permits.
              Air Pollution           7/30/96       6/2/99  64 FR 29563........  (c)(54)....  Changes in 9.1.7,
               Control Permits.                                                                9.1.18, and
                                                                                               9.5.1(c) to add
                                                                                               Dual Source
                                                                                               Definition.
                                                                                               Changes in
                                                                                               9.1.24(b)(3),
                                                                                               9.5.2(b)(2)d(i),
                                                                                               9.5.1(d) and
                                                                                               9.5.1(f) to
                                                                                               change
                                                                                               Particulate
                                                                                               Increment.
                                                                                               Changes in 9.1.6
                                                                                               to revise BACT
                                                                                               definition.
----------------------------------------------------------------------------------------------------------------
[[Page 481]]
No. 10......  Air pollution           2/28/72      5/31/72  37 FR 10842........  (b)........
               episodes.
----------------------------------------------------------------------------------------------------------------
                                     10/11/75     11/03/75  40 FR 51043........  (c)(6).....
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
----------------------------------------------------------------------------------------------------------------
No. 11......  Petroleum liquids       2/22/77      5/07/81  46 FR 25446........  (c)(12)....
               marketing and
               storage.
                                 -------------------------------------------------------------------------------
                                      7/05/79      5/07/81  46 FR 25446........  (c)(12)....
                                 -------------------------------------------------------------------------------
                                      4/22/81      4/26/82  47 FR 17817........  (c)(15)....
                                 -------------------------------------------------------------------------------
                                      1/20/87       9/1/87  52 FR 32920........  (c)(30)....  Amended Regulation
                                                                                               No. 11,
                                                                                               Subsection
                                                                                               11.4.5.
                                 -------------------------------------------------------------------------------
                                    11/07/88,       6/2/89  54 FR 23661........  (c)(33)....  Approves a
                                     04/24/89                                                  limitation on
                                                                                               volatility of
                                                                                               gasoline from
                                                                                               June 30 to Sept.
                                                                                               15, 1989, and May
                                                                                               1 to Sept. 15 in
                                                                                               subsequent years
                                                                                               at Subsections
                                                                                               11.7.1 and
                                                                                               11.7.2.
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 11.
                                      1/11/93     12/17/93  58 FR 65933........  (c)(39)....  Regulation revised
                                                                                               to add new Stage
                                                                                               II vapor recovery
                                                                                               requirements.
----------------------------------------------------------------------------------------------------------------
No. 12......  Incinerators......      2/28/72      6/22/73  38 FR 16351........  (c)(3).....
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
                                 -------------------------------------------------------------------------------
                                      4/22/81      4/26/82  47 FR 17817........  (c)(15)....
----------------------------------------------------------------------------------------------------------------
No. 13......  Particulate             1/17/73     10/23/73  38 FR 29296........  (c)(14)....
               emissions from
               fossil fuel fired
               steam or hot
               water generating
               units.
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
                                 -------------------------------------------------------------------------------
                                      7/05/79      5/07/81  46 FR 25446........  (c)(12)....
                                 -------------------------------------------------------------------------------
                                  ...........     11/10/82  47 FR 50866........  (c)(16)....  Temporary
                                                                                               Relaxation for
                                                                                               Kenyon Piece Dye
                                                                                               Works.
                                 -------------------------------------------------------------------------------
                                     10/05/82      3/29/83  48 FR 13027........  (c)(17)....  Conversion/
                                                                                               Conservation
                                                                                               Incentive.
----------------------------------------------------------------------------------------------------------------
No. 14......  Record keeping and      5/14/73      1/15/76  41 FR 2231.........  (c)(10)....
               reporting.
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
                                 -------------------------------------------------------------------------------
                                      7/05/79      5/07/81  46 FR 25446........  (c)(12)....
                                 -------------------------------------------------------------------------------
                                      1/11/93      1/10/95  60 FR 2526.........  (c)(42)....
----------------------------------------------------------------------------------------------------------------
[[Page 482]]
No. 15......  Control of organic      8/21/75      5/07/81  46 FR 25446........  (c)(12)....
               solvent emissions.
                                 -------------------------------------------------------------------------------
                                      3/14/83      7/06/83  48 FR 31026........  (c)(19)....  Includes 100 TPY
                                                                                               RACT Reg/Generic
                                                                                               Bubble Rule.
                                 -------------------------------------------------------------------------------
                                       6/6/85     12/11/86  51 FR 44605........  (c)(27)....  RACT for Stanley
                                                                                               Bostitch under
                                                                                               15.5.
                                 -------------------------------------------------------------------------------
                                     11/24/87      3/10/89  54 FR 10147........  (c)(32)....  Consent Agreement
                                                                                               imposing RACT on
                                                                                               Tech Industries
                                                                                               under 15.5
                                                                                               (Provisions 7 and
                                                                                               8 not approved).
                                 -------------------------------------------------------------------------------
                                       6/5/90      8/31/90  55 FR 35625........  (c)(36)....  RACT determination
                                                                                               for Tillotson-
                                                                                               Pearson under
                                                                                               15.5.
                                 -------------------------------------------------------------------------------
                                      4/24/90       9/6/90  55 FR 36638........  (c)(35)....  RACT determination/
                                                                                               Bubble for
                                                                                               Providence
                                                                                               Metallizing under
                                                                                               15.5.
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 15, except
                                                                                               subsections
                                                                                               15.1.16 and
                                                                                               15.2.2.
----------------------------------------------------------------------------------------------------------------
No. 16......  Operation of air        2/22/77      5/07/81  46 FR 25446........  (c)(12)....
               pollution control
               system.
----------------------------------------------------------------------------------------------------------------
No. 17......  Odors.............      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
----------------------------------------------------------------------------------------------------------------
No. 18......  Control of               7/5/79      5/07/81  46 FR 25446........  (c)(12)....
               emissions from
               solvent metal
               cleaning.
                                 -------------------------------------------------------------------------------
                                      4/22/81      4/26/82  47 FR 17817........  (c)(15)....
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 18, except
                                                                                               subsections
                                                                                               18.1.8, 18.2.1,
                                                                                               18.3.2(d),
                                                                                               18.3.3(f), and
                                                                                               18.5.2.
----------------------------------------------------------------------------------------------------------------
No. 19......  Control of VOCs        11/13/79      5/07/81  46 FR 25446........  (c)(12)....  Conditional
               from surface                                                                    approval.
               coating
               operations.
                                 -------------------------------------------------------------------------------
                                      4/05/82      7/06/83  48 FR 31026........  (c)(19)....  Removes Conditions/
                                                                                               Generic Bubble
                                                                                               Rule.
                                 -------------------------------------------------------------------------------
                                      9/12/85      8/31/87  52 FR 32794........  (c)(28)....  Compliance date
                                                                                               extension for
                                                                                               Keene Corporation
                                                                                               under 19.3.
                                 -------------------------------------------------------------------------------
                                      1/20/87       9/1/87  52 FR 32920........  (c)(30)....  Amended Regulation
                                                                                               No. 19,
                                                                                               Subsection
                                                                                               19.7.1.
                                 -------------------------------------------------------------------------------
                                      5/29/85      9/28/87  52 FR 36250........  (c)(26)....  Compliance date
                                                                                               extension for
                                                                                               James River Corp.
                                                                                               in Johnston.
                                 -------------------------------------------------------------------------------
[[Page 483]]
                                     12/31/86      2/10/88  53 FR 3890.........  (c)(29)....  Alternative RACT
                                                                                               for Kenyon
                                                                                               Industries under
                                                                                               19.3.3.
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 19, except
                                                                                               subsections
                                                                                               19.1.11, 19.2.2,
                                                                                               and 19.3.2(a).
                                 -------------------------------------------------------------------------------
                                     10/30/92     10/18/94  59 FR 52429........  (c)(40)....  All of No. 19 is
                                                                                               approved with the
                                                                                               exception of
                                                                                               19.2.2, and the
                                                                                               last sentence of
                                                                                               19.1.1, which
                                                                                               Rhode Island did
                                                                                               not submit as
                                                                                               part of the SIP
                                                                                               revision. No. 19
                                                                                               was amended to
                                                                                               change
                                                                                               applicability and
                                                                                               to add emission
                                                                                               limitations for
                                                                                               metal coil
                                                                                               coating, metal
                                                                                               furniture
                                                                                               coating, magnet
                                                                                               wire coating,
                                                                                               large appliance
                                                                                               coating,
                                                                                               miscellaneous
                                                                                               metal parts
                                                                                               coating, wood
                                                                                               products coating,
                                                                                               and flat wood
                                                                                               paneling coating.
----------------------------------------------------------------------------------------------------------------
No. 21......  Control of VOCs         4/05/82      7/06/83  48 FR 31026........  (c)(19)....  Generic Bubble
               from printing                                                                   Rule.
               operations.
                                 -------------------------------------------------------------------------------
                                      1/20/87       9/1/87  52 FR 32920........  (c)(30)....  Amended Regulation
                                                                                               No. 21,
                                                                                               subsection
                                                                                               21.6.1.
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 21, except
                                                                                               subsections
                                                                                               21.1.15 and
                                                                                               21.2.2, and
                                                                                               portion of
                                                                                               21.5.2(h) which
                                                                                               states
                                                                                               ``equivalent to''
                                                                                               in the
                                                                                               parenthetical.
----------------------------------------------------------------------------------------------------------------
No. 25......  Control of             10/30/92     10/18/94  59 FR 52429........  (c)(40)....  All of No. 25 is
               Volatile Organic                                                                approved, with
               Compound                                                                        the exception of
               Emissions from                                                                  25.2.2, which was
               Cutback and                                                                     not submitted by
               Emulsified                                                                      Rhode Island as
               Asphalt.                                                                        part of the SIP
                                                                                               revision.
----------------------------------------------------------------------------------------------------------------
No. 26......  Control of Organic     10/30/92     10/18/94  59 FR 52429........  (c)(40)....  All of No. 26 is
               Solvent Emissions                                                               approved, with
               from Manufacture                                                                the exception of
               of Synthesized                                                                  26.2.3, which was
               Pharmaceutical                                                                  not submitted by
               Products.                                                                       Rhode Island as
                                                                                               part of the SIP
                                                                                               revision.
----------------------------------------------------------------------------------------------------------------
No. 27......  Control of               9/2/97       6/2/99  64 FR 29570........  (c)(55)....  Establishes
               Nitrogen Oxides                                                                 alternative NOx
               Emissions.                                                                      RACT for Rhode
                                                                                               Island Economic
                                                                                               Development
                                                                                               Corporation in
                                                                                               North Kingstown,
                                                                                               RI.
No. 29.3....  EMISSIONS.........      4/28/95      3/22/96  61 FR 11735........  (c)(45)....  This rule limits a
                                                                                               source's
                                                                                               potential to
                                                                                               emit, therefore
                                                                                               avoiding RACT,
                                                                                               title V operating
                                                                                               permits.
----------------------------------------------------------------------------------------------------------------
[[Page 484]]
No. 30......  Control of VOC          6/27/95       2/2/96  61 FR 3827.........  (c)(44)....  Control of VOC
               from Automobile                                                                 From Automobile
               Refinishing                                                                     Refinishing
               Operations.                                                                     Operations.
----------------------------------------------------------------------------------------------------------------
No. 31......  Consumer and            3/11/94     10/30/96  61 FR 55903........  (c)(47)....  VOC control reg.
               Commercial                                                                      submitted as part
               Products.                                                                       of State's
                                                                                               Contingency Plan.
                                                                                               Section 31.2.2
                                                                                               not approved.
----------------------------------------------------------------------------------------------------------------
No. 32......  Marine Vessels....      3/11/94       4/4/96  60 FR 14978........  (c)(43)....  All of No. 32 is
                                                                                               approved with the
                                                                                               exception of
                                                                                               Section 32.2.2
                                                                                               which Rhode
                                                                                               Island did not
                                                                                               submit as part of
                                                                                               the SIP revision.
----------------------------------------------------------------------------------------------------------------
No. 33......  Architectural and       3/11/94     10/30/96  61 FR 55903........   (c)(47)...  VOC control reg.
               Industrial                                                                      submitted as part
               Maintenance                                                                     of State's
               Coatings.                                                                       Contingency Plan
                                                                                               Section 33.2.2
                                                                                               not approved.
----------------------------------------------------------------------------------------------------------------
No. 38......  Nitrogen Oxides         5/21/98       6/2/99  64 FR 29570........  (c)(55)....  Adds ozone season
               Allowance Program.                                                              NOx emission
                                                                                               limitations at
                                                                                               certain
                                                                                               stationary
                                                                                               sources.
----------------------------------------------------------------------------------------------------------------
[50 FR 770, Jan. 7, 1985, as amended at 51 FR 756, Jan. 8, 1986; 51 FR
27538, Aug. 1, 1986; 51 FR 44605, Dec. 11, 1986; 52 FR 32794, Aug. 31,
1987; 52 FR 32920, Sept. 1, 1987; 52 FR 36250, Sept. 28, 1987; 53 FR
3890, Feb. 10, 1988; 54 FR 10147, Mar. 10, 1989; 54 FR 23661, June 2,
1989; 54 FR 38518, Sept. 19, 1989; 55 FR 35625, Aug. 31, 1990; 55 FR
36638, Sept. 6, 1990; 56 FR 49416, Sept. 30, 1991; 56 FR 50515, Oct. 7,
1991; 58 FR 65933, Dec. 17, 1993; 59 FR 52429, Oct. 18, 1994; 60 FR
2526, Jan. 10, 1995; 61 FR 3827, Feb. 2, 1996; 61 FR 4357, Feb. 6, 1996;
61 FR 11735, Mar. 22, 1996; 61 FR 14978, Apr. 4, 1996; 61 FR 55903, Oct.
30, 1996; 62 FR 46207, Sept. 2, 1997; 64 FR 29566, 29570, June 2 1999;
64 FR 61217, Nov. 10, 1999]
Sec. 52.2082  [Reserved]
Sec. 52.2083  Significant deterioration of air quality.
    (a) The Rhode Island plan, as submitted, is approved as meeting the
requirements of Subpart 1, Part C, Title I, of the Clean Air Act.
[49 FR 27750, July 6, 1984]
Sec. 52.2084  Rules and regulations.
    (a) Part D--Disapproval.
    (1) On November 5, 1985, the Rhode Island Department of
Environmental Management submitted a revision to the Rhode Island State
Implementation Plan (SIP) for Arkwright Incorporated. This revision is
an alternative reasonably available control technology determination for
the control of volatile organic compounds (VOC) from three paper coating
lines at Arkwright Incorporated's Fiskeville, Rhode Island facility. As
a result of EPA's disapproval of this revision, the existing VOC rules
applicable to Arkwright Incorporated and contained in the Rhode Island
SIP remain in effect (Rhode Island Air Pollution Control Regulation No.
19 as approved by EPA in 40 CFR 52.2080(c)(19)).
    (2) [Reserved]
    (b) Non-Part D--No Action-- EPA is neither approving nor
disapproving the following elements of the revisions:
    (i) [Reserved]
    (ii) Consultation.
    (iii) Permit fees.
    (iv) Stack height requirements.
[[Page 485]]
    (v) Public notification.
[46 FR 25460, May 7, 1981, as amended at 48 FR 31027, July 6, 1983; 50
FR 52461, Dec. 24, 1985; 52 FR 38764, Oct. 19, 1987; 62 FR 18716, Apr.
17, 1997; 63 FR 67600, Dec. 8, 1998; 64 FR 926, Jan. 6, 1999]
Sec. 52.2085  Stack height review.
    The State of Rhode Island 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. Such declarations were submitted to EPA on
March 27, 1986. The State has further declared, in letters from Thomas
D. Getz, dated October 15, 1985 and March 27, 1986, that ``[R]hode
Island will use the 8 July 1985 revised height regulations in
administering section 9.18 of its new source review regulations.'' Thus,
Rhode Island has satisfactorily demonstrated that its regulations meet
40 CFR 51.118 and 51.164.
[52 FR 49407, Dec. 31, 1987]
Sec. 52.2086  Emission inventories.
    (a) The Governor's designee for the State of Rhode Island submitted
the 1990 base year emission inventory for the Providence ozone
nonattainment area on January 12, 1993 as a revision to the State
Implementation Plan (SIP). 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 this area.
    (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 Providence nonattainment area is classified as serious and
includes the entire state of Rhode Island.
    (d) Minor revisions to the Rhode Island 1990 base year emission
inventory were submitted to EPA on September 21, 1998. The revised
emission estimates were prepared in accordance with EPA guidance, and
are approved into the State's SIP.
[61 FR 55902, Oct. 30, 1996, as amended at 63 FR 67600, Dec. 8, 1998]
Sec. 52.2087  Original identification of plan section.
    (a) This section identifies the original ``Air Implementation Plan
for the State of Rhode Island'' and all revisions submitted by Rhode
Island that were federally approved prior to August 9, 1999.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Notice of public hearing submitted on February 9, 1972, by the
Rhode Island Department of Health.
    (2) Miscellaneous non-regulatory additions to the plan correcting
minor deficiencies submitted on February 29, 1972, by the Rhode Island
Department of Health.
    (3) Regulation 12 requiring prevention and control of air pollution
from incinerators submitted on March 7, 1973, by the Rhode Island
Department of Health.
    (4) Regulation 13 requiring prevention and control of air pollution
from fuel burning equipment submitted on March 19, 1973, by the Rhode
Island Department of Health.
    (5) Compliance schedules submitted on April 24, 1973, by the Rhode
Island Department of Health.
    (6) Revisions to Regulation 10, Air Pollution Episodes, submitted on
January 25, 1974, by the Rhode Island Department of Health.
    (7) AQMA identifications submitted on April 11, 1974, by the Rhode
Island Department of Health.
    (8) Revision to Regulation 8, Limitation of Sulfur in Fuels,
submitted on May 22, 1974, by the Rhode Island Department of Health.
    (9) Letter identifying Metropolitan Providence as an AQMA submitted
on September 6, 1974, by the Governor.
    (10) Revision to Regulation 14, Source Recordkeeping and Reporting,
submitted on September 5, 1973, by the Rhode Island Department of
Health.
[[Page 486]]
    (11) A comprehensive air quality monitoring plan, intended to meet
requirements of 40 CFR part 58, was submitted by the Rhode Island
Department of Environmental Management Director on January 8, 1980.
    (12) Attainment plans to meet the requirements of Part D of the
Clean Air Act, as amended in 1977, were submitted on May 14, 1979, June
11, 1979, August 13, 1979, January 8, January 24, March 10, March 31,
April 21, June 6, June 13, August 20, November 14, March 4, March 5, and
April 16, 1981. Included are plans to attain the carbon monoxide and
ozone standards and information allowing for the redesignation of
Providence to non-attainment for the primary TSP standard based on new
data. 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 unrelated to Part
D are also included.
    (13) A revision to Regulation 8, ``Sulfur Content in Fuels,'' for
the Narragansett Electric Company, Providence, submitted on August 28,
1980 by the Director of the Department of Environmental Management.
    (14) A revision to Regulation 8, ``Limitation of Sulfur in Fuels,''
submitted on January 30, 1981, by the Director of the Rhode Island
Division of Air Resources allowing Bradford Dyeing Association,
Westerly, to burn higher sulfur fuel oil, temporarily.
    (15) Revisions for Group II CTGs: Storage of Petroleum Liquids--
External Floating Roof Vessels (Regulation 11.6); and revisions to
existing regulations: Stage I Vapor Controls (Regulation 11.5),
Hazardous Waste Incinerators (Regulation 12.7.1), and Control of Solvent
Metal Cleaning Emissions (Regulation 18) were submitted on January 9,
July 23, and August 17, 1981.
    (16) Variances from Regulations 8, ``Sulfur Content in Fuels'' and
13, ``Particulate Emissions from Fossil Fired Steam or Hot Water
Generating Units'', for Kenyon Piece Dye Works, Richmond, submitted on
July 1, 1982.
    (17) Revisions to Regulations 8, ``Sulfur Content of Fuels'' and 13,
``Particulate Emissions from Fossil Fuel Fired Steam or Hot Water
Generating Units'' were submitted on November 9, 1982 by the Division of
Air and Hazardous Materials.
    (18) Revisions to Air Pollution Control Regulation Number 9,
Approval to Construct, Install, Modify, or Operate (except to subsection
9.1.1), and Section VI, Part II, ``Stationary Source Permitting and
Enforcement'' of the narrative as submitted by the Department of
Environmental Management on May 14, 1982 and July 1, 1982 for review of
new major sources and major modifications in nonattainment areas. Also
included are revisions to add rules for banking emission reductions.
    (19) Revisions to the Rhode Island State Implementation Plan for
attainment of the primary National Ambient Air Quality Standard for
ozone as submitted on May 14, 1982; July 1, 1982; July 7, 1982; October
4, 1982 and March 2, 1983 by the Department of Environmental Management.
Also included are generic bubble rules which provide for regulatory
flexibility for VOC sources subject to RACT requirements under
Regulations 15, 19 and 21 of the Rhode Island SIP
    (20) Revisions to attain and maintain the lead NAAQS as submitted on
July 7, 1983 by the Department of Environmental Management.
    (21) The permit issued to the University of Rhode Island in Kingston
approving a three-year bubble to control sulfur dioxide emissions. The
Rhode Island Department of Environmental Management issued the permit in
accordance with Regulation 8, Sec. 8.3.2, ``Emissions Bubbling'' and
submitted it to EPA as a SIP revision on January 16, 1984.
    (22) Revisions to Regulation 9, ``Approval to Construct, Install,
Modify or Operate'', and Section VI, Part II of the associated narrative
of the Rhode Island SIP, to incorporate the requirements for the
Prevention of Significant Deterioration of 40 CFR 51.24, permitting
major stationary sources of lead and other miscellaneous changes as
submitted on February 6, 1984 by the Rhode Island Department of
Environmental Management. Clarifying letters dated January 27, 1984 and
June 6, 1984.
    (23) Revisions to Air Pollution Control Regulation 8, ``Sulfur
Content of Fuels,'' submitted on July 19, 1983,
[[Page 487]]
specifying maximum sulfur-in-coal limits (1.21 lbs/MMBtu on a 30-day
rolling average and 2.31 lbs/MMBtu on a 24-hour average) for the
Narragansett Electric Company South Street Station in Providence. These
revisions approve Section 8.3.4, ``Large Fuel Burning Devices Using
Coal,'' for South Street Station only.
    (24) Revisions to the State Implementation Plan were submitted by
the Rhode Island Department of Environmental Management on May 28, 1985
and October 15, 1985.
    (i) Incorporation by reference. (A) Amendments to Regulation 8,
``Sulfur Content of Fuels'' at 8.4.1(b) requiring owners/operators of
fuel burning sources to have a sampling valve in the fuel line to the
boiler to facilitate fuel sampling, amended on May 2, 1985.
    (B) Amendments to Regulation 9, ``Approval to Construct, Install,
Modify, or Operate'' requiring best available control technology (BACT)
for each air pollutant emitted when permitting all new stationary
sources and modifications not otherwise subject to lowest achievable
emission rate (LAER) requirements under Rhode Island's approved new
source review plan. The amended sections are 9.1.9, 9.1.14, 9.1.21,
9.1.22, 9.1.33, 9.1.36, 9.3.1, 9.3.3, 9.5.3, and 9.13.1. Regulation 9
was incorporated by reference in its present form on July 6, 1984 at
paragraph (c)(22), above. The entire Regulation is being reincorporated
by reference here to maintain consistency in the numbering and format,
amended May 2, 1985.
    (ii) October 15, 1985 letter from Rhode Island DEM to EPA which
commits to implement the stack height related requirements of Regulation
9 in accordance with the Stack Height regulations at 40 CFR part 51,
subpart B.
    (25) A revision submitted on December 16, 1985 and January 23, 1986
allowing the burning of 2.2% sulfur content fuel oil at the Seville
Dyeing Corporation facility in Woonsocket, Rhode Island for a period of
up to 30 months, commencing on August 1, 1986, the savings from which
will be used to pay for permanent energy conservation measures to reduce
on-site consumption of petroleum products by at least 50,000 gallons per
year (estimated 250,000 gallons per year).
    (i) Incorporation by reference.
    (A) Letter from Doug L. McVay, Principal Engineer, to Seville Dyeing
Corporation, dated December 16, 1985 allowing the temporary use of less
expensive 2.2% sulfur fuel oil until February 1, 1989. At the end of the
temporary use period, Seville Dyeing Corporation 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) Letter to Louis F. Gitto, Director of Air Management Division,
EPA Region I from Thomas D. Getz, Director of Air & Hazardous Materials,
RI DEM dated January 23, 1986; subject: Response to EPA questions
regarding Seville Dyeing Corporation, and outline of the permanent
energy conservation measures to be used.
    (26) Revisions submitted on November 5, 1985, June 16, 1986 and
November 3, 1986 by the Rhode Island Department of Environmental
Management (DEM) consisting of an administrative consent agreement
between the DEM's Division of Air and Hazardous Materials and Whitman
Products Limited (now James River Corporation's Decorative Product
Division) in Johnston, Rhode Island. When the consent agreement expires
on December 31, 1986, James River Corporation will be subject to the
emission limits in Rhode Island Regulation No. 19, subsection 19.3.1.
    (i) Incorporation by reference.
    (A) An administrative consent agreement between the Rhode Island and
Providence Plantation Department of Environmental Management and Whitman
Products Limited. The consent agreement became effective on May 29,
1985.
    (B) Letters of June 16, 1986 and September 17, 1985 from the
Department of Environmental Management to EPA.
    (ii) Additional material.
    (A) Letter submitted on November 3, 1986 affirming that a sufficient
growth margin exists, below the level of emissions necessary to show
attainment of the national ambient air quality standard for ozone in
Rhode Island, to absorb the increased emissions resulting from this
compliance date extension.
[[Page 488]]
    (27) Revision submitted on November 5, 1985 by the Rhode Island
Department of Environmental Management consisting of an administrative
consent agreement defining reasonably available control technology for
Stanley Bostitch (formerly Bostitch Division
    (i) Incorporation by reference.
    (A) An administrative consent agreement between the Rhode Island
Department of Environmental Management and Bostitch Division of Textron.
The consent agreement became effective on June 6, 1985 and requires
Bostitch Division of Textron to reformulate certain solvent-based
coatings to low/no solvent formulations by December 31, 1986.
    (B) A letter to Bostitch Division of Textron from the Rhode Island
Department of Environmental Management dated September 20, 1985 which
serves as an addendum to the consent agreement. The addendum defines the
emission limitations which Bostitch's Division of Textron reformulated
coatings must meet.
    (28) Revision submitted on November 5, 1985 by the Rhode Island
Department of Environmental Management consisting of an administrative
consent agreement granting a final compliance date extension for the
control of organic solvent emissions from sixpaper coating lines at
Keene Corporation in East Providence, Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated November 5, 1985 submitting revisions to the Rhode
Island State Implementation Plan.
    (B) An administrative consent agreement between the Rhode Island
Department of Environmental Management and Keene Corporation, effective
on September 12, 1985.
    (29) Revisions submitted on November 5, 1985, February 21, 1986,
April 15, 1987 and May 14, 1987 by the Rhode Island Department of
Environmental Management consisting of an administrative consent
agreement defining alternative reasonably available control technology
for Kenyon Industries in Kenyon, Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the State of Rhode Island and Providence Plantations
dated April 15, 1987 submitting revisions for Kenyon Industries to the
Rhode Island State Implementation Plan.
    (B) An administrative consent agreement between the State of Rhode
Island and Providence Plantations Department of Environmental Management
and Kenyon Industries, Inc., signed on December 31, 1986.
    (ii) Additional material.
    (A) A letter dated May 14, 1987 from the Department of Environmental
Management containing technical support demonstrating that the revised
consent agreement is at least as stringent as the consent agreement
between the Rhode Island Department of Environmental Management and
Kenyon effective in Rhode Island May 13, 1985.
    (B) Original consent agreement between the Rhode Island Department
of Environmental Management and Kenyon effective on May 13, 1985
submitted to EPA on November 5, 1985.
    (C) Letter dated February 21, 1986 from Rhode Island describing
required recordkeeping for Kenyon.
    (30) Revisions to the State Implementation Plan were submitted by
Rhode Island Department of Environmental Management on February 27,
1987. These revisions were effective as of January 20, 1987 in the State
of Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated February 27, 1987 submitting revisions to the Rhode
Island State Implementation Plan.
    (B) Amendment to Air Pollution Control Regulation No. 11, at
subsection 11.4.5 adopted on January 20, 1987 in Rhode Island.
    (C) Amendment to Air Pollution Control Regulation No. 19, at
subsection 19.7.1 adopted on January 20, 1987 in Rhode Island.
    (D) Amendment to Air Pollution Control Regulation No. 21, at
subsection 21.6.1 adopted on January 20, 1987 in Rhode Island.
    (31) [Reserved]
    (32) Revisions submitted on May 6, 1987, October 15, 1987, and
January 4, 1988 by the Rhode Island Department of Environmental
Management consisting
[[Page 489]]
of an administrative consent agreement which defines and imposes RACT to
control volatile organic comp
    (i) Incorporation by reference.
    (A) An administrative consent agreement (86-12-AP), except for
Provisions 7 and 8, between the Rhode Island Department of Environmental
Management and Tech Industries effective June 12, 1986.
    (B) An addendum to the administrative consent agreement (86-12-AP)
between the Rhode Island Department of Environmental Management and Tech
Industries. The addendum was effective November 24, 1987.
    (C) Letters dated May 6, 1987; October 15, 1987; and January 4, 1988
submitted to the Environmental Protection Agency by the Rhode Island
Department of Environmental Management.
    (33) Revisions to federally approved Air Pollution Control
Regulation Number 11 submitted on November 7, 1988 and April 24, 1989 by
the Rhode Island Department of Environmental Management, limiting the
volatility of gasoline from May 1 through September 15, beginning 1989
and continuing every year thereafter, including any waivers to such
limits Rhode Island may grant. In 1989, the control period will begin on
June 30.
    (i) Incorporation by reference.
    (A) Amendments to Rhode Island Air Pollution Control Regulation No.
11, effective July 5, 1979, entitled, ``Petroleum Liquids Marketing and
Storage,'' sections 11.7.1 filed with the Secretary of State of Rhode
Island on August 11, 1988, and effective in the State of Rhode Island on
August 31, 1988.
    (B) Amendments to Rhode Island Air Pollution Control Regulation No.
11, effective July 5, 1979, entitled, ``Petroleum Liquids Marketing and
Storage,'' amendmends to section 11.7.2 filed with the Secretary of
State of Rhode Island on April 27, 1989, and effective in the State of
Rhode Island on May 17, 1989.
    (34) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on April 28, 1989,
approving a renewal of a sulfur dioxide bubble for the University of
Rhode Island originally approved at paragraph (c)(21), of this section.
    (i) Incorporation by reference.
    (A) A renewal of an emissions bubble for the University of Rhode
Island effective December 26, 1986.
    (35) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on April 26, 1990,
which define and impose RACT to control volatile organic compound
emissions from Providence Metallizing in Pawtucket, Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated April 26, 1990, submitting a revision to the Rhode
Island State Implementation Plan.
    (B) An administrative consent agreement (87-2-AP) between the Rhode
Island Department of Environmental Management and Providence Metallizing
effective July 24, 1987.
    (C) An amendment to the administrative consent agreement (87-2-AP)
between the Rhode Island Department of Environmental Management and
Providence Metallizing effective May 4, 1989.
    (D) An addendum to the administrative consent agreement (87-2-AP)
between the Rhode Island Department of Environmental Management and
Providence Metallizing effective April 24, 1990.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (36) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on May 24, 1990,
which define and impose RACT to control volatile organic compound
emissions from Tillotson-Pearson in Warren, RhodeIsland.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated May 24, 1990 submitting a revision to the Rhode Island
State Implementation Plan.
    (B) An Administrative consent agreement (90-1-AP) between the Rhode
Island Department of Environmental Management and Tillotson-Pearson
effective June 5, 1990.
    (37) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental
[[Page 490]]
Management dated November 3, 1989, November 21, 1989, February 1, 1990
and September 19, 1990.
    (i) Incorporation by reference. (A) Letters from the Rhode Island
Department of Environmental Management dated November 3, 1989, November
21, 1989, February 1, 1990 and September 19, 1990 submitting revisions
to the Rhode Island State ImplementationPlan.
    (B) Amendments to Rhode Island's Air Pollution Control Regulation
Number 6, amended and effective November 22, 1989.
    (C) Amendments to Rhode Island's Air Pollution Control Regulation
Numbers 11; 15, excluding subsections 15.1.16 and 15.2.2; 18, excluding
subsections 18.1.8, 18.2.1, 18.3.2(d), 18.3.3(f), and 18.5.2; 19,
excluding subsections 19.1.11, 19.2.2, and 19.3.2(a); and 21, except
subsections 21.1.15 and 21.2.2, and portion of subsection 21.5.2(h)
which states ``equivalent to'' in the parenthetical, amended and
effective December 10, 1989.
    (38) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on May 22, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated May 22, 1991 submitting a revision to the Rhode Island
State Implementation Plan.
    (B) Section 9.1.36 ``baseline concentration,'' section 9.1.39
``increment,'' section 9.1.40 ``major source baseline date,'' section
9.1.42 ``minor source baseline date,'' section 9.1.43 ``net emissions
increase,'' and section 9.15.1(c)(5)--exclusion from NO<INF>2</INF>
increments due to SIP-approved temporary increases of emissions, of the
Rhode Island Air Pollution Control Regulation No. 9 entitled ``Approval
to Construct, Install, Modify or Operate,'' effective in the State on
May 20, 1991.
    (ii) Additional materials,
    (A) Nonregulatory portions of the state submittal.
    (39) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on January 12, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management, dated January 12, 1993, submitting a revision to the Rhode
Island State Implementation Plan.
    (B) Rhode Island Department of Environmental Protection, Division of
Air and Hazardous Materials, Air Pollution Control Regulation No. 11,
entitled ``Petroleum Liquids Marketing Storage,'' submitted to the
Secretary of State on January 11, 1993.
    (C) Letter from the Rhode Island Department of Environmental
Protection, dated February 10, 1993, stating that Regulation No. 11
became effective on January 31, 1993, 20 days after being filed with the
Secretary of State.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (40) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on November 13,
1992.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated November 13, 1992 submitting a revision to the Rhode
Island State Implementation Plan.
    (B) Rhode Island Department of Environmental Protection, Division of
Air and Hazardous Materials, Air Pollution Control Regulations No. 19,
entitled ``Control of Volatile Organic Compounds from Surface Coating
Operations,'' submitted to the Secretary of State on October 30, 1992
and effective on November 20, 1992.
    (C) Rhode Island Department of Environmental Protection, Division of
Air and Hazardous Materials, Air Pollution Control Regulations No. 25,
entitled ``Control of Volatile Organic Compound Emissions from Cutback
and Emulsified Asphalt,'' submitted to the Secretary of State on October
30, 1992 and effective on November 20, 1992.
    (D) Rhode Island Department of Environmental Protection, Division of
Air and Hazardous Materials, Air Pollution Control Regulations No. 26,
entitled ``Control of Organic Solvent Emissions from Manufacture of
Synthesized Pharmaceutical Products,'' submitted to the Secretary of
State on October 30, 1992 and effective on November 20, 1992.
    (ii) Additional materials.
[[Page 491]]
    (A) Letter from the Rhode Island Department of Environmental
Protection, dated February 10, 1993, clarifying the November 13, 1992
revision to the SIP.
    (B) Nonregulatory portions of the submittal.
    (41) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on March 11, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated March 5, 1993 submitting a revision to the Rhode Island
State Implementation Plan.
    (B) Rhode Island's Air Pollution Control Regulation No. 9 entitled,
``Air Pollution Control Permits,'' except for Chapter 9.13, Application
for an Air Toxics Operating Permit; Chapter 9.14, Administrative Action:
Air Toxics Operating Permits; and Chapter 9.15, Transfer of an Air
Toxics Operating Permit; and Appendix A, Toxic Air Pollutants, Minimum
Quantities. This regulation was effective in the State of Rhode Island
on March 24, 1993.
    (ii) Additional materials.
    (A) A fact sheet on the proposed amendments to Regulation No. 9
entitled, ``Approval to Construct, Install, Modify or Operate''.
    (B) Nonregulatory portions of the State submittal.
    (42) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on January 12, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated January 12, 1993 submitting a revision to the Rhode
Island State Implementation Plan.
    (B) Revisions to Air Pollution Control Regulation No. 14, ``Record
Keeping and Reporting,'' filed with the Secretary of State on January
11, 1993 and effective in the State of Rhode Island on January 31, 1993.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (43) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on March 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated March 15, 1994 submitting a revision to the Rhode
Island State Implementation Plan.
    (B) Rhode Island Department of Environmental Management, Division of
Air Resources, Air Pollution Control Regulation No. 32, ``Control of
Volatile Organic Compounds from Marine Vessel Loading Operations''
effective in the State of Rhode Island on March 31, 1994, with the
exception of Section 32.2.2 which Rhode Island did not submit as part of
the SIP revision.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (44) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on June 27, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated June 27, 1995 submitting a revision to the Rhode Island
State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air
Pollution for the State of Rhode Island effective on July 17, 1995: Air
Pollution Control Regulation No. 30, Control of Volatile Organic
Compounds from Automotive Refinishing Operations.
    (45) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on May 15, 1995
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Protection dated May 15, 1995 submitting a revision to the Rhode Island
State Implementation Plan.
    (B) Air Pollution Control Regulation 29.3 ``Emissions Caps'';
effective in the State of Rhode Island on May 18, 1995.
    (ii) Additional materials.
    (A) Non-regulatory portions of the submittal.
    (46) A revision to the Rhode Island SIP regarding ozone monitoring.
The State of Rhode Island will modify its SLAMS and its NAMS monitoring
systems to include a PAMS network design and establish monitoring sites.
The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
[[Page 492]]
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated January 14, 1994 submitting an amendment to the Rhode
Island State Implementation Plan.
    (B) Letter from the Rhode Island Department of Environmental
Management dated June 14, 1994 submitting an amendment to the Rhode
Island State Implementation Plan.
    (C) Section VII of the Rhode Island State Implementation Plan,
Ambient Air Quality Monitoring.
    (47) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on March 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated March 15, 1994 submitting revisions to the Rhode Island
State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air
Pollution for the State of Rhode Island, with the exception of Section
31.2.2, effective 90 days after the date that EPA notifies Rhode Island
that the State has failed to achieve a 15% reduction of VOC emission
from the 1990 emission levels, in accordance with the contingency
measure provisions of the Rhode Island SIP, (except for Section 31.5.2,
which requires records of amount of product sold, beginning July,
1994.): Air Pollution Control Regulation No. 31, Control of Volatile
Organic Compounds from Commercial and Consumer Products.
    (C) The following portions of the Rules Governing the Control of Air
Pollution for the State of Rhode Island, with the exception of Section
33.2.2, effective 90 days after the date that EPA notifies Rhode Island
the State has failed to achieve a 15% reduction of VOC emission from the
1990 emission levels, in accordance with the contingency measure
provisions of the Rhode Island SIP, (except for Section 33.5.2, which
requires records of amount of product sold, beginning July, 1994.): Air
Pollution Control Regulation No. 33, Control of Volatile Organic
Compounds from Architectural and Industrial Maintenance Coatings.
    (48) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on September 17,
1996, which define and impose reasonably available control technology
(RACT) to control nitrogen oxides emissions at major stationary sources
in Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management, dated September 17, 1996, submitting revisions to the Rhode
Island State Implementation Plan.
    (B) Regulation number 27, ``Control of Nitrogen Oxide Emissions,''
as adopted on December 27, 1995, effective January 16, 1996.
    (C) An administrative consent agreement between Rhode Island
Department of Environmental Management and Rhode Island Hospital, file
no. 95-14-AP, effective on November 27, 1995.
    (D) An administrative consent agreement between Rhode Island
Department of Environmental Management and Osram Sylvania Incorporated,
file no. 96-06-AP, effective on September 4, 1996.
    (E) An air pollution permit approval, no. 1350, for Osram Sylvania
Incorporated issued by the Rhode Island Department of Environmental
Management on May 14, 1996 and effective on that date.
    (49) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on September 17,
1996, which define and impose alternative reasonably available control
technology (RACT) requirements to control nitrogen oxides emissions at
certain major stationary sources in Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated September 17, 1996, submitting revisions to the Rhode
Island State Implementation Plan.
    (B) An administrative consent agreement between Rhode Island
Department of Environmental Management and Algonquin Gas Transmission
Company, file no. 95-52-AP, effective on December 5, 1995.
[[Page 493]]
    (C) An administrative consent agreement between Rhode Island
Department of Environmental Management and Bradford Dyeing Association,
Inc., file no. 95-28-AP, effective on November 17, 1995.
    (D) An administrative consent agreement between Rhode Island
Department of Environmental Management and Hoechst Celanese Corporation,
file no. 95-62-AP, effective on November 20, 1995.
    (E) An administrative consent agreement between Rhode Island
Department of Environmental Management and University of Rhode Island,
file no. 95-50-AP, effective on March 12, 1996.
    (F) An administrative consent agreement between Rhode Island
Department of Environmental Management and the Naval Education and
Training Center in Newport, file no. 96-07-AP, effective on March 4,
1996.
    (50) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on September 21,
1998. The revisions consist of the State's 15 Percent plan and
Contingency plan. The EPA is approving the calculation of the required
emission reductions, and the emission reduction credit claimed from
surface coating operations, printing operations, plant closures, cutback
asphalt, synthetic pharmaceutical manufacturing, automobile refinishing,
consumer and commercial products, architectural and industrial
maintenance coatings, stage II vapor recovery, reformulated gasoline in
on-road and off-road engines, tier I motor vehicle controls, and low
emitting vehicles. EPA is taking no action at this time on the emission
reduction credit claim made for the Rhode Island automobile inspection
and maintenance program.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated September 21, 1998 submitting a revision to the Rhode
Island State Implementation Plan.
    (51)-(53) [Reserved]
    (54) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental
Management dated 9 August 1996 submitting a revision to the Rhode Island
State Implementation Plan.
    (B) Changes to Air Pollution Control Regulation Number 9.
    For the State of Rhode Island.
    (55) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on February 13, 1998
and January 20, 1999 which define alternative NO<INF>X</INF> RACT
requirements and impose seasonal limitations on the emissions of
nitrogen oxides at certain major stationary sources in Rhode Island.
    (i) Incorporation by reference.
    (A) Letters from the Rhode Island Department of Environmental
Management, dated February 13, 1998 and January 20, 1999 submitting
revisions to the Rhode Island State Implementation Plan.
    (B) Regulation number 38, ``Nitrogen Oxides Allowance Program,'' as
adopted on May 21, 1998, submitted on effective on June 10, 1998.
    (C) An administrative consent agreement between Rhode Island
Department of Environmental Management and Rhode Island Economic
Development Corporation, file no. 96-04-AP, adopted and effective on
September 2, 1997.
[37 FR 10891, May 31, 1972. Redesignated and amended at 64 FR 43085,
Aug. 9, 1999]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2087, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
                       Subpart PP--South Carolina
Sec. 52.2120  Identification of plan.
    (a) Purpose and scope. This section sets forth the applicable State
implementation plan (SIP) for South Carolina 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 July 1, 1997 was approved for
incorporation by reference by the Director of the Federal Register
[[Page 494]]
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of the approval, and notice of any
change in the material will be published in the Federal Register.
Entries in paragraphs (c) and (d) of this section with EPA approval
dates after July 1, 1997, 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 July 1, 1997.
    (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 Office of the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.; or at the EPA, Air and Radiation Docket
and Information Center, Air Docket (6102), 401 M Street, SW.,
Washington, DC. 20460.
    (c) EPA approved regulations.
                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                                    State         EPA
            State citation                   Title/subject        effective     approval      Federal register
                                                                     date         date             notice
----------------------------------------------------------------------------------------------------------------
Regulation No. 62.1..................          Definitions, Permits Requirements, and Emissions Inventory
Section I............................  Definitions.............      5/25/90       2/8/99  63 FR 67586.
Section II...........................  Permit Requirements.....     09/18/90     02/04/92  57 FR 4158.
Section III..........................  Emissions Inventory.....     03/16/89     07/02/90  55 FR 27226.
Regulation No. 62.2..................                         Prohibition of Open Burning
                                                                    06/05/85     10/03/89  54 FR 40660.
Regulation No. 62.3..................                            Air Pollution Episodes
Section I............................  Episode Criteria........     04/29/88     10/03/89  54 FR 40662.
Section II...........................  Emissions Reduction          04/29/88     10/03/89  54 FR 40662.
                                        Requirements.
Regulation No. 62.4..................                      Hazardous Air Pollution Conditions
                                                                    12/20/78     01/29/80  45 FR 6572.
Regulation No. 62.5..................                       Air Pollution Control Standards

                              Standard No. 1 Emissions from Fuel Burning Operations

Section I............................  Visible Emissions.......     03/16/89     07/02/90  55 FR 27226.
Section II...........................  Particulate Emissions...     04/29/88     10/03/89  54 FR 40662.
Section III..........................  Sulfur Dioxide Emissions     03/03/83     10/29/84  49 FR 43469.
Section IV...........................  Opacity Monitoring           03/16/89     07/02/90  55 FR 27226.
                                        Requirements.
Section V............................  Exemptions..............     06/05/85     10/03/89  54 FR 40660
Section VI...........................  Periodic Testing........     04/29/88     10/03/89  54 FR 40662.
Section VII..........................  Source Test Requirements     06/05/85     10/03/89  54 FR 40660.

                                  Standard No. 2 Ambient Air Quality Standards

                                                                    03/16/89     07/02/90  55 FR 27227.

                                   Standard No. 3 Emissions from Incinerators

                                                                    01/07/81     09/03/82  47 FR 38885.

                                Standard No. 4 Emissions from Process Industries

Section I............................  General.................     03/24/86     02/17/87  52 FR 4772.
Section II...........................  Sulfuric Acid                03/24/86     02/17/87  52 FR 4772.
                                        Manufacturing.
Section III..........................  Kraft Pulp and Paper         04/29/88     10/03/89  54 FR 40662.
                                        Manufacturing.
Section IV...........................  Portland Cement              03/24/86     02/17/87  52 FR 4772.
                                        Manufacturing.
Section V............................  Cotton Gins.............     03/24/86     02/17/87  52 FR 4772.
Section VI...........................  Hot Mix Asphalt Plants..     06/05/85     10/03/89  54 FR 40660.
Section VII..........................  Metal Refining..........     03/24/86     02/17/87  52 FR 4772.
Section VIII.........................  Other Manufacturing.....     04/29/88     10/03/89  54 FR 40662.
Section IX...........................  Visible Emissions.......     03/16/89     07/02/90  55 FR 27226.
Section X............................  Non-Enclosed Operations.     06/05/85     10/03/89  54 FR 40660.
Section XI...........................  Total Reduced Sulfur         03/16/89     07/02/90  55 FR 27226.
                                        Emissions of Kraft Pulp
                                        Mills.
Section XII..........................  Periodic Testing........     03/16/89     07/02/90  55 FR 27226.
Section XIII.........................  Source Test Requirements     06/05/85     10/03/89  54 FR 40660.

                                    Standard No. 5 Volatile Organic Compounds

Section I............................  General Provisions......     08/22/79     12/16/81  46 FR 61268.

[[Page 495]]
                                   Section II Provisions for Specific Sources

Part A...............................  Surface Coating of Cans.     08/22/79     12/16/81  46 FR 61268.

Part B...............................  Surface Coating of Coils     08/22/79     12/16/81  46 FR 61268.
Part C...............................  Surface Coating of           08/22/79     12/16/81  46 FR 61268.
                                        Paper, Vinyl,& Fabric.
Part D...............................  Surface Coating of Metal     08/22/79     12/16/81  46 FR 61268.
                                        Furniture & Large
                                        Appliances.
Part E...............................  Surface Coating of           08/22/79     12/16/81  46 FR 61268.
                                        Magnet Wire.
Part F...............................  Surface Coating of           09/10/80     11/24/81  46 FR 57486.
                                        Miscellaneous Metal
                                        Parts & Products.
Part G...............................  Surface Coating of Flat      09/10/80     11/24/81  46 FR 57486.
                                        Wood Paneling.
Part H...............................  Graphic Arts-Rotogravure     09/10/80     11/24/81  46 FR 57486.
                                        & Flexography.

                                               Part I--M Reserved

Part N...............................  Solvent Metal Cleaning..     09/10/80     11/24/81  46 FR 57486.
Part O...............................  Petroleum Liquid Storage     09/10/80     11/24/81  46 FR 57486.
                                        in Fixed Roof Tanks.
Part P...............................  Petroleum Liquid Storage     09/10/80     11/24/81  46 FR 57486.
                                        in External Floating
                                        Roof Tanks.
Part Q...............................  Manufacture of               09/10/81     11/24/81  46 FR 57486.
                                        Synthesized
                                        Pharmaceutical Products.
Part R...............................  Manufacture of Pneumatic     09/10/81     11/24/81  46 FR 57486.
                                        Rubber Tires.
Part S...............................  Cutback Asphalt.........     06/13/79     12/16/81  46 FR 61268.
Part T...............................  Bulk Gasoline Terminals      06/13/79     12/16/81  46 FR 61268
                                        ans Vapor Collection
                                        Systems.

                             Standard No. 6 Alternative Emissions Limitation Options

                                                                    06/07/82     09/03/82  47 FR 38887.

                                                Section I General
                                        Section II Conditions for Approval

Part A...............................          Emissions of Total Suspended Particulate or Sulfur Dioxide
Part B...............................                   Emissions of Volatile Organic Compounds
Part C...............................           Emissions of Nitrogen Dioxide, Carbon Monoxide, or Lead
Part D...............................                            Designated Pollutants
Part E...............................                               De Minimis Cases

                                           Section III Enforceability
                             Standard No. 7 Prevention of Significant Deterioration

                                                                    03/16/89     07/02/90  55 FR 27226.
Section I............................                                 Definitions
Section II...........................                              Ambient Air Limits
Section III..........................       Review of Major Plants and Major Modifications-Applicability and
                                                                       Exemptions
Section IV...........................                             Review Requirements
Supplement C.........................  ........................   05/26/96     August 20,  62 FR 44219
                                                                                     1997
Regulation No. 62.6..................                    Control of Fugitive Particulate Matter
                                                                    06/05/85     10/03/89  54 FR 40660.
Section I............................        Control of Fugitive Particulate Matter in Non-Attainment Areas
Section II...........................                    Control of Fugitive Particulate Matter
Section III..........................               Control of Fugitive Particulate Matter Statewide
Section IV...........................                                Effective Date
Regulation No. 62.7..................                    Good Engineering Practice Stack Height
                                                                    06/11/86     05/28/87  52 FR 19859
Section I............................                                   General
Section II...........................                                Applicability
Section III..........................                          Definitions and Conditions
Section IV...........................                             Public Participation
----------------------------------------------------------------------------------------------------------------
                            EPA-Approved South Carolina Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                       State         EPA
            Name of source                Permit     effective     approval                Comments
                                          number        date         date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------
[[Page 496]]
------------------------------------------------------------------------
                                  State
          Provision             effective     EPA approval     Comments
                                   date           date
------------------------------------------------------------------------
Cherokee County Ozone             06/26/98  December 18,
 Attainment Demonstration and                1998.
 Ten-year Maintenance Plan.
Narrative of the ``Emissions      06/26/98  December 18,
 Inventory Projections for                   1998.
 Cherokee County''.
------------------------------------------------------------------------
[62 FR 35444, July 1, 1997, as amended at 62 FR 44219, Aug. 20, 1997; 62
FR 47761, Sept. 11, 1997; 63 FR 67586, Dec. 8, 1998; 63 FR 70022, Dec.
18, 1998]
Sec. 52.2121  Classification of regions.
    The South Carolina plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Augusta (Georgia)-Aiken (South Carolina) Interstate..           I          I       III       III           III
Metropolitan Charlotte Interstate....................           I         II       III       III             I
Camden-Sumter Intrastate.............................          II        III       III       III           III
Charleston Intrastate................................           I          I       III       III           III
Columbia Intrastate..................................          II        III       III       III           III
Florence Intrastate..................................         III        III       III       III           III
Georgetown Intrastate................................          II        III       III       III           III
Greenville-Spartanburg Intrastate....................           I        III       III       III           III
Greenwood Intrastate.................................         III        III       III       III           III
Savannah (Georgia)-Beaufort (South Carolina)                    I          I       III       III           III
 Interstate..........................................
----------------------------------------------------------------------------------------------------------------
Sec. 52.2122  Approval status.
    (a) With the exceptions set forth in this subpart, the Administrator
approves South Carolina'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 elsewhere in this subpart. In addition, continued satisfaction of
the requirements of Part D for the ozone portion of the SIP depends on
the adoption and submittal of RACT requirements by July 1, 1980 for the
sources covered by CTG's issued between January 1978 and January 1979
and adoption and submittal by each subsequent January of additional RACT
requirements for sources covered by CTGs issued by the previous January.
    (b) EPA disapproved South Carolina's generic bubble regulation
submitted for approval into the State Implementation Plan (SIP) on June
5, 1985.
[45 FR 6575, Jan. 29, 1980, as amended at 60 FR 12702, Mar. 8, 1995]
Sec. 52.2124  Legal authority.
    (a)-(c) [Reserved]
    (d) 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.
[37 FR 10892, May 31, 1972, as amended at 39 FR 7284, Feb. 25, 1974; 41
FR 10065, Mar. 9, 1976; 51 FR 40676, Nov. 7, 1986]
Sec. 52.2125  [Reserved]
Sec. 52.2126  VOC rule deficiency correction.
    Sections I and II of South Carolina's Regulations 62.1 and 62.5 is
approved. The State submitted these regulations to EPA for approval on
September 18, 1990. Sections I and II of Regulation 62.5 were intended
to correct deficiencies cited in a letter calling for the State to
revise its SIP for ozone from Mr. Greer C. Tidwell, the EPA Regional
[[Page 497]]
Administrator, to Governor Carroll A. Campbell on May 26, 1988, and
clarified in a letter from Mr. Winston A. Smith, EPA Region IV, Air,
Pesticides and Toxics Management Division, to Mr. Otto E. Pearson,
former Director of the South Carolina Department of Health and
Environmental Control:
    (a) South Carolina's VOC regulations contain no method for
determining capture efficiency. This deficiency must be corrected after
EPA publishes guidance on the methods for determining capture efficiency
before the SIP for ozone can be fully approved.
    (b) [Reserved]
[57 FR 4161, Feb. 4, 1992, as amended at 59 FR 17937, Apr. 15, 1994]
Secs. 52.2127-52.2129  [Reserved]
Sec. 52.2130  Control strategy: Sulfur oxides and particulate matter.
    In letters dated May 7, and December 2, 1986, the South Carolina
Department of Health and Environmental Control certified that no
emission limits in the State's plan are based on dispersion techniques
not permitted by EPA's stack height rules. This certification does not
apply to Public Service Authority--Winyah, SCE& G--Bowater, and SCE &
G--Williams.
[54 FR 14651, Apr. 12, 1989]
Sec. 52.2131  Significant deterioration of air quality.
    (a)-(b) [Reserved]
    (c) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of South Carolina shall be
submitted to the Office of Environmental Quality Control, Department of
Health and Environmental Control, 2600 Bull Street, Columbia, South
Carolina 29201, instead of the EPA Region IV office.
[42 FR 4124, Jan. 24, 1977, as amended at 47 FR 6018, Feb. 10, 1982]
Sec. 52.2132  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. The provisions of
Sec. 52.26 are hereby incorporated and made a part of the applicable
plan for the State of South Carolina.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of South
Carolina.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.2133  General conformity.
    The General Conformity regulations adopted into the South Carolina
State Implementation Plan which were submitted on November 8, 1996.
South Carolina incorporated by reference regulations 40 CFR part 51,
subpart W--determining conformity of General Federal Actions to State or
Federal Implementation Plans.
[62 FR 32538, June 16, 1997]
Sec. 52.2134  Original identification of plan section.
    (a) This section identifies the original ``South Carolina Air
Quality Implementation Plan'' and all revisions submitted by South
Carolina that were federally approved prior to July 1, 1997.
    (b) The plan was officially submitted on January 21, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified:
    (1) Miscellaneous non-regulatory additions to the plan submitted on
May 4, 1972, by the South Carolina Pollution Control Authority.
    (2) Letter requesting delegation of authority submitted on July 21,
1972, by the Governor.
    (3) Miscellaneous wording changes in paragraph 2.B.4 of Regulation
1A; in Sections I.B., II.B, and II.C of Standard 1A; in Section II.D of
Standards 2A and in paragraph II of Regulation 4A submitted on August
23, 1972, by the Governor.
    (4) Compliance schedules submitted on February 16, 1973, by the
South Carolina Pollution Control Authority.
    (5) Categorical compliance schedule regulation submitted on August
16, 1973, by the South Carolina Department of Health and Environmental
Control.
[[Page 498]]
    (6) Revised SO<INF>2</INF> emission limits for fuel combustion
sources submitted on March 14, 1974, by the South Carolina Department of
Health and Environmental Control.
    (7) AQMA identification material submitted on March 22, 1974, by the
South Carolina Department of Health and Environmental Control.
    (8) Revised legal authority with respect to the public availability
of emission data, submitted on October 15, 1975, by the Governor of
South Carolina.
    (9) Revised particulate emission limits for existing fuel burning
sources and requirements for continuous in-stack monitoring and
reporting of opacity by certain of these sources, submitted January 13
and March 30, 1977, by the South Carolina Department of Health and
Environmental Control. (The revised particulate limits do not apply to
International Paper Company's Georgetown facility or to the South
Carolina Electric and Gas Company's Hagood Plant in Charleston; for
these two sources, the plan's original emission limits continue to
apply.)
    (10) Permit changes, specified below, were submitted by the South
Carolina Department of Health and Environmental Control on May 9, 1979.
These changes provide emissions offset for R. R. Donnelley and Sons
Company, and apply to M. Lowenstein and Sons, Inc., as follows:
    (i) Operating permit number O/P-42-167 for the operation of five (5)
Kingsley Roller Print Dryers (Nos. 3, 4, 5, 6, and 7) is cancelled with
these dryers not to be operated after June 1, 1979.
    (ii) Operating permit number O/P-42-170 through O/P-42-179 for
screen print machine Nos. 3, 4, 5, 6, 7, 8, 10, 11, and 12 are reissued
to reflect the total and permanent transition from solvent-based print
pastes to water-based print pastes on these machines as of June 1, 1979.
    (11) 1979 implementation plan revision for nonattainment areas,
submitted on December 20, 1978, by the South Carolina Department of
Health and Environmental Control.
    (12) Variance granted to Bowater Carolina Corporation until April 1,
1981, for increased particulate emissions and opacity limits, and
revised regulation 61.62.1(B)(II), submitted on April 24, 1980, by the
South Carolina Department of Health and Environmental Control.
    (13) Changes in and supplements to 1979 implementation plan
revisions for nonattainment areas, submitted on April 4, June 13, July
6, August 14, August 22, 1979, and on April 29, 1981, by the South
Carolina Department of Health and Environmental Control. Included are a
special operating permit for Macalloy Corporation and the following
regulation changes:
R. 62.5, Standard No. 5, Section II, revised definition of VOC (formerly
located in R. 62.5, Standard No. 5, Section I, Part A);
R. 62.5, Standard No. 5, Section II, revised VOC regulation-Petroleum
liquid storage tanks (formerly R. 62.5, Standard 5, Section II, Part B);
R. 62.1, Section I, revised definition of ``fugitive dust'';
R. 62.5, Standard No. 5, Section I, Part E--VOC--Case-by-Case
Exceptions;
R. 62.5, Standard No. 1, Section I, Part C--VE--Special Provisions.
    (14) Revisions in emergency episode plan, submitted on September 10,
1980, by the South Carolina Department of Health and Environmental
Control.
    (15) Air quality surveillance plan revision to satisfy the
requirements of 40 CFR part 58, submitted on March 10, 1980 by the South
Carolina Department of Health and Environmental Control.
    (16) Provision for public participation to satisfy section 127(a) of
the Clean Air Act, submitted on March 10, 1980 by the South Carolina
Department of Health and Environmental Control.
    (17) Standard No. 6, Alternative Emission Reduction Options,
submitted on June 17, 1981, by the South Carolina Department of Health
and Environmental Control.
    (18) Set II VOC regulations, submitted on September 10, 1980, by the
South Carolina Department of Health and Environmental Control.
    (19) Alternative compliance schedule for Cryovac Division of W. R.
Grace, Simpsonville, submitted on January 5, 1981, by the South Carolina
Department of Health and Environmental Control.
    (20) Implementation plan for lead, submitted on May 1, 1980, by the
South
[[Page 499]]
Carolina Department of Health and Environmental Control.
    (21) Prevention of significant deterioration SIP, submitted on April
14, 1981, by the South Carolina Department of Health and Environmental
Control.
    (22) Provision for variance from conditions of operating permits,
submitted on June 7, 1982, by the South Carolina Department of Health
and Environmental Control.
    (23) Revised visible emissions standard for incinerators and revised
regulation for alternate emission limitation options (bubbles),
submitted on June 7, 1982, by the South Carolina Department of Health
and Environmental Control. EPA is not taking action on that portion of
this regulation (Regulation No. 62.5, Standard No. 6, Section II, Part
D) pertaining to alternative emission limitation options for designated
pollutants subject to regulation under section 111(d) of the Clean air
Act.
    (24) Special Operating Permit for South Carolina Electric and Gas
Company-Williams Power Station, submitted on June 25, 1982, by the South
Carolina Department of Health and Environmental Control.
    (25) Visibility new source review regulations and narrative
visibility SIP were submitted to EPA on June 3, 1985.
    (i) Incorporation by reference.
    (A) Letter of June 3, 1985, from the South Carolina Department of
Health and Environmental Control, and amendments to Regulation No. 62.5,
Standard No. 7, Section IV, Part H; Regulation No. 62.5, Standard No. 7,
Section IV, Part E; and Regulation No. 62.5, Standard No. 7, Section I,
Part CC, adopted by the South Carolina Board of Health and Environmental
Control on May 21, 1985.
    (ii) Additional material.
    (A) Narrative section, titled ``Visibility Protection Control
Strategy'', adopted by the South Carolina Board of Health and
Environmental Control on May 21, 1985.
    (26) Changes in Regulations 62.2, 62.3, and 62.5, submitted on March
3, May 5, and July 11, 1983 by the South Carolina Department of Health
and Environmental Control.
    (27) On March 3, and August 17, 1983 and September 5, 1984, Appendix
B, a Methodology Manual for use with Standards for Volatile Organic
Compounds, and on May 12, 1983, and January 23, 1980, studies for
Appendix J, Transportation Control Plans for Columbia and Charleston,
were submitted to EPA by the South Carolina Department of Health and
Environmental Control.
    (28) Stack height regulations were submitted to EPA on June 11,
1986.
    (i) Incorporation by reference.
    (A) Letter of June 11, 1986, from the South Carolina Department of
Health and Environmental Control transmitting stack height regulations.
    (B) Regulation 62.7, Good Engineering Practice Stack Height, adopted
on April 24, 1986, and effective on May 23, 1986.
    (C) Addition of item 10 to Section I, Definitions, of regulation
62.1, adopted on April 24, 1986, and effective on May 23, 1986.
    (D) Addition of item A.2.f to Section II, Permit Requirements, of
regulation 62.1, adopted on April 24, 1986, and effective on May 23,
1986.
    (ii) Other material--none.
    (29) Process opacity monitoring requirements were submitted to EPA
on March 24, 1986 and July 8, 1986.
    (i) Incorporation by reference.
    (A) Letter of March 24, 1986 to EPA from the South Carolina
Department of Health and Environmental Control, and amendments to Air
Pollution Control Regulation No. 62.5, Standard No. 4, which was
effective on February 28, 1986.
    (ii) Other material--none.
    (30) [Reserved]
    (31) Changes in South Carolina's SIP submitted to EPA on June 5,
1985, by the South Carolina Department of Health and Environmental
Control.
    (i) Incorporation by reference.
    (A) Changes in South Carolina's Regulations which were adopted May
24, 1985:
    (1) Regulations 62.1, Section I (Definitions) No. 1 and Section III
(Emission Inventory)
    (2) Regulation 62.2 (Prohibition of Open Burning)
    (3) Regulation 62.3 (Air Pollution Episodes); except for Section I
and Section II Introductory paragraph
[[Page 500]]
    (4) Regulation 62.5, Standard No. 1 (Emissions From Fuel Burning
Operations), Section IV, Part B, Section V, and Section VII
    (5) Regulation 62.5, Standard No. 4 (Emissions from Process
Industries), Except for Section III, Section VIII(A), and Section XI
Introductory paragraph
    (6) Regulation 62.5, Standard No. 7 (Prevention of Significant
Deterioration), Section I, Parts B(1), E, F and Q(2)
    (7) Regulation 62.6 (Control of Fugitive Particulate Matter),
Section I (b) and (c) and Section III (c) and (d)
    (ii) Other material.
    (32) Provisions for PM<INF>10</INF> submitted on April 29, 1988 and
April 4, 1989, by the South Carolina Department of Health and
Environmental Control. The April 29, 1988, submittal contained revisions
that were effective on April 22, 1988. The April 4, 1989, submittal
contained revisions that were effective on March 24, 1989.
    (i) Incorporation by reference.
    (A) Regulation 62.1, Definitions, Permit Requirements, and Emissions
Inventory as revised by the addition on April 22, 1988, of Section I,
Nos. 22, 23, 25, and 42.
    (B) The following portions of Regulation 62.3, Air Pollution
Episodes were revised April 22, 1988.
    (1) Section I.
    (2) Section II, Introductory paragraph.
    (C) The following portions of Regulation 62.5, Standard No. 1--
Emissions from Fuel Burning Operations were revised April 22, 1988:
    (1) Section II, Title.
    (2) Section VI, Introductory paragraph
    (D) Regulation 62.5, Standard No. 2--Ambient Air Quality Standards
revised April 22, 1988.
    (E) The following portions of Regulation 62.5, Standard No. 4--
Emissions from Process Industries were revised April 22, 1988.
    (1) Section III
    (2) Section VIII (A)
    (3) Section XI, Introductory paragraph
    (F) The following portions of Regulation 62.5, Standard No. 7--
Prevention of Significant Deterioration were revised April 22, 1988.
    (1) Section I, Part V(1)
    (2) Section II, Part A
    (3) Section III Part H(1)
    (4) Section IV Part E(4)
    (G) The following portions of Regulation 62.5, Standard No. 7--
Prevention of Significant Deterioration were revised March 24, 1989.
    (1) Section III, Part D, (6) and (7)
    (2) Section III Part (J)(3), (4), and (5)
    (3) Section IV Part (H)(4)
    (ii) Other materials.
    (A) Letters of April 29, 1988, and April 4, 1989, from the South
Carolina Department of Health and Environmental Control which address
PM<INF>10</INF> revisions.
    (B) Revised narrative on particulate matter.
    (33) Changes in South Carolina's SIP submitted to EPA on March 16,
1989, by the South Carolina Department of Health and Environmental
Control.
    (i) Incorporation by reference.
    (A) Regulation 62.5 Standard No. 4. Sections I thru VIII and Tables
A and B effective April 22, 1988.
    (B) Changes in South Carolina's Regulations which were effective
March 24, 1989:
    1. Regulation 62.1: Section I Definitions. 9 and 38 and Section III
Emission Inventory.
    2. Regulation 62.5, Standard No. 1 Emissions from Fuel Burning
Operations: Section I, Part D; Section IV, Paragraph A.2.a. and Part D.
    3. Regulation 62.5, Standard No. 2 Ambient Air Quality Standards:
Introductory paragraph.
    4. Regulation 62.5, Standard No. 4 Emissions from Process
Industries: Section IX and X.
    5. Regulation 62.5, Standard No. 7 Prevention of Significant
Deterioration: Section 1 B(1)(a) and Part L
    (ii) Additional Material.
    (A) March 16, 1989, letter from South Carolina Department of Health
and Environmental Control.
    (34) Changes in South Carolina's SIP submitted to EPA on September
18, 1990, by the South Carolina Department of Health and Environmental
Control.
    (i) Incorporation by reference.
    (A) The following revision to South Carolina's State Implementation
Plan (SIP) which became effective on August 24, 1990:
[[Page 501]]
(1) Regulation 61-62.1:
    (i) Section II,A,1. Applicability
    (ii) Standard No. 5.1:
    Section I,A.
    Section III,A,1.
    Section III,D.
    Section III,L.
    Section IV,B.
(2) Regulation 61-62.5:
    (i) Standard No. 7:
    Section I,C,(4)
    Section I,Part M
    Section I,Part N
    Section I,Part O
    Section I, BB
    Section II A.
    Section II D,(1),(e)
    Section II D,(3),(a)
    Section IV,D,(1)
    Section IV H,(4)
(3) Regulation 61-62.1
    (i) Section I,74.
(4) Regulation 61-62.5, Standard No. 5
    (i) Section I,A: 9,22,27-78
    (ii) Section I,C,1,b,(vi)
    (iii) Section I,E,4
    (iv) Section I,E,12
    (v) Part F. Recordkeeping, Reporting, Monitoring
    (vi) Part G. Equivalency Calculations
    (vii) Section II--Provisions for Specific Sources
    Part A. Surface Coating of Cans
    Part B,2. Control Technology
    Part C
    Part D
    Part E Surface Coating of Magnet Wire
    Part F,2. and 3.
    Part G,3. Control Technology
    (ii) Other material.
    (A) None.
    (35) [Reserved]
    (36) The maintenance plan for Cherokee County submitted by the South
Carolina Department of Health and Environmental Control on July 20,
1992, as part of the South Carolina SIP.
    (i) Incorporation by reference.
    (A) Cherokee County Ozone Attainment Demonstration and Ten Year
Maintenance Plan effective June 11, 1992.
    (B) Emissions Inventory Projections for Cherokee County effective
June 11, 1992.
    (ii) Other material.
    (A) July 20, 1992 letter from the Department of Health and
Environmental Control. Ten Year Maintenance Plan effective June 11,
1992.
    (B) Emission Inventory Projections for Cherokee County effective
June 11, 1992.
    (iii) Other material.
    (A) July 20, 1992 letter from the Department of Health and
Environmental Control.
    (37) The VOC Recordkeeping regulations for ozone nonattainment
areas, PSD NO<INF>x</INF> increment regulations, and regulations listing
the definition of VOC submitted by South Carolina Department of Health
and Environmental Control on July 23, 1992, as part of the South
Carolina SIP.
    (i) Incorporation by reference.
    (A) South Carolina Regulation 61-62.5, Standard No. 5, section I,
part F, covering VOC Recordkeeping, Reporting, and Monitoring;
Regulation 61-62.5, Standard No. 7, section I, part C, paragraph 4;
section I, part M; section I, part N; section I, part O; section I, part
BB; section II, part A; section II, part D, paragraph 1, subparagraph e;
section II, part D, paragraph 3, subparagraph a; section IV, part D,
paragraph 1; section IV, part H, paragraph 4; covering PSD. These
regulations were effective August 24, 1990, and submitted September 18,
1990.
    (B) South Carolina Regulation 61-62.1, section I, paragraph 74,
covering the definition of VOC; Regulation 61-62.5, Standard No. 5,
section I, part F, paragraph 3, covering VOC Recordkeeping in ozone
nonattainment areas; and Regulation 61-62.5, Standard No. 7, section I,
part O and section IV, part H, paragraph 4 covering PSD. These
regulations were effective June 26, 1992, and submitted July 23, 1992.
    (ii) Other material.
    (A) July 23, 1992, letter from the South Carolina Department of
Health and Environmental Control to Region IV EPA.
    (B) [Reserved]
    (38) The South Carolina Department of Health and Environmental
Control has submitted revisions to the South Carolina Air Quality
Implementation Plan on November 12, 1993. These revisions address the
requirements of section 507 of title V of the Clean Air Act
[[Page 502]]
and establish the Small Business Stationary Source Technical and
Environmental Program.
    (i) Incorporation by reference.
    (A) The submittal of the state of South Carolina's Small Business
Assistance Program which was adopted on September 9, 1993.
    (ii) Additional material. None.
    (39) The PSD regulation revisions to the South Carolina State
Implementation Plan which were submitted on March 3, 1995.
    (i) Incorporation by reference.
    (A) Regulations 61-62.5, Standard No. 7 Prevention of Significant
Deterioration; I.C(4), I.N(1)(c), I.O(2)(b), I.O(3), II.A, II.D,
III.D(10)(b), III.H(1), III.I(1) through III.I(2)ii, IV.D (1) & (2), and
IV.H(4) effective on November 25, 1994.
    (ii) Other material. none
    (40) The minor source operating permit program for South Carolina,
submitted by the Department of Health and Environmental Control on July
12, 1995, and as part of the South Carolina SIP.
    (i) Incorporation by reference.
    (A) Regulation 61-62.1, Section I.3, 13, 19, 50, 72, and 73, Section
II.F.2, Section II.F.2.e, Section II.G, and Section II.H of the South
Carolina SIP which became effective on June 23, 1995.
    (ii) Other material. None.
[37 FR 10892, May 31, 1972. Redesignated and amended at 62 FR 35444,
July 1, 1997]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2134, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
                        Subpart QQ--South Dakota
Sec. 52.2170  Identification of plan.
    (a) Title of plan: ``Air Pollution Control Regulations and
Implementation Plan for the State of South Dakota.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Request for delegation of authority submitted January 27, 1972,
by the Governor.
    (2) Clarification of control regulations (section 1.8.4) submitted
April 27, 1972, by the State Department of Health.
    (3) Clarification of control regulations (section 1.8.4) submitted
May 2, 1972, by the Governor.
    (4) On December 4, 1975, the Governor of South Dakota submitted
revisions and additions to the air pollution control regulations
(Article 34:10 of the Administrative Rules of South Dakota). The
submittal updated rules and regulations; review procedures for newand
modified direct sources; variance and enforcement procedure revisions;
episode procedure changes; and the addition of new source performance
standards similar to those of EPA.
    (5) Provisions to meet the requirements of Part D of the Clean Air
Act, as amended in 1977 were submitted on January 3, 1979.
    (6) A new control strategy for Brookings, South Dakota was submitted
on April 16, 1979.
    (7) On January 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, and Public Notification required under section 127 of the
Clean Air Act.
    (8) Provisions to meet the requirements of Part D of the Clean Air
Act, as amended in 1977, were submitted on October 16, 1980.
    (9) On September 13, 1982, the Governor submitted a plan revision
for a new control strategy for Brookings, South Dakota and an amendment
to the opacity regulation for alfalfa pelletizers.
    (10) On May 4, 1984, the Governor submitted a plan revision for lead
and repealed the hydrocarbon standard.
    (11) On January 28, 1988, the Governor submitted a plan revision (1)
updating citations to Federal regulations in the South Dakota air
pollution control regulations (Administrative Rules of South Dakota
74:26), (2) adopting new ambient air quality standards for particulates
(PM<INF>10</INF>), (3) revising the State administrative procedures for
handling permit hearings and contested cases, and (4) correcting
deficiencies in the stack height regulations.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of South Dakota (ARSD)
74:26:01:12, ARSD 74:26:01:35, ARSD 74:26:01:37, ARSD 74:26:01:64, ARSD
[[Page 503]]
74:26:08 through ARSD 74:26:23, inclusive, and addition of a new
section, ARSD 74:26:02:35, were revised through November 24, 1987.
    (12) In a letter dated August 7, 1986, the Governor submitted
revisions to the South Dakota SIP adopting federal stack height
regulations (Administrative Rules of South Dakota 74:26). In a letter
dated August 20, 1986, the Administrator, Office of Air Quality and
Solid Waste of South Dakota, submitted the stack height demonstration
analysis with supplemental information submitted on December 3, 1986.
    (i) Incorporation by reference. (A) Revisions to the Administrative
Rules of South Dakota 74:26 effective on May 21, 1986. The changes
consisted of incorporating definitions for good engineering practices
and dispersion techniques into 74:26:01:12, standard for the issuance of
construction permit.
    (B) Stack height demonstration analysis submitted by the State with
letters dated August 20, 1986 and December 3, 1986.
    (13) On September 25, 1992 and February 24, 1992, the Governor of
South Dakota submitted revisions to the plan for new source performance
standards and asbestos.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Program, Sections
74:26:08-74:26:21 and 74:26:23-74:26:25, New Source Performance
Standards, effective May 13, 1991, Section 74:26:26, Standards of
Performance for Municipal Waste Combustors, effective November 24, 1991,
and Section 74:26:22, Emission Standards for Asbestos Air Pollutants,
effective December 2, 1991.
    (14) On September 25, 1991, the designee of the Governor of South
Dakota submitted revisions to the plan for new source review, operating
permits, and the PM-10 Group II requirements.
    (i) Incorporation by reference
    (A) Revisions to the Air Pollution Control Program, Sections
74:26:01-74:26:08, effective May 13, 1991.
    (ii) Additional material
    (A) Letter dated April 14, 1992, from the South Dakota Department of
Environment and Natural Resources to EPA.
    (15) On November 10, 1992, the Governor of South Dakota's designee
submitted a plan for the establishment and implementation of a Small
Business Assistance Program to be incorporated into the South Dakota
State Implementation Plan as required by section 507 of the Clean Air
Act. An amendment to the plan was submitted by the Governor's designee
on April 1, 1994.
    (i) Incorporation by reference.
    (A) November 10, 1992 letter from the Governor of South Dakota's
designee submitting a Small Business Assistance Program plan to EPA.
    (B) April 1, 1994 letter from the Governor of South Dakota's
designee submitting an amendment to the South Dakota Small Business
Assistance Program plan to EPA.
    (C) The State of South Dakota amended plan for the establishment and
implementation of a Small Business Assistance Program, adopted January
12, 1994 by the South Dakota Department of Environment and Natural
Resources.
    (D) South Dakota Codified Laws 34A-1-57, effective July 1, 1992 and
34A-1-58 through 60, effective July 1, 1993, which gives the State of
South Dakota the authority to establish and fund the South Dakota Small
Business Assistance Program.
    (16) On November 12, 1993 and March 7, 1995, the designee of the
Governor of South Dakota submitted revisions to the plan, which included
revised regulations for definitions, minor source construction and
federally enforceable state operating permit (FESOP) rules, source
category emission limitations, sulfur dioxide rule corrections, new
source performance standards (NSPS), new source review (NSR)
requirements for new and modified major sources impacting nonattainment
areas, and enhanced monitoring and compliance certification
requirements. The State also requested that the existing State
regulations approved in the South Dakota SIP be replaced with the
following chapters of the recently recodified Administrative Rules of
South Dakota (ARSD): 74:36:01-74:36:04, 74:36:06; 74:36:07, 74:36:10-
74:36:13, and 74:36:15, as in effect on January 5, 1995.
    (i) Incorporation by reference.
[[Page 504]]
    (A) Revisions to the Administrative Rules of South Dakota, Air
Pollution Control Program, Chapters 74:36:01 (except 74:36:01:01(2) and
(3)); 74:36:02-74:36:04, 74:36:06; 74:36:07, 74:36:10-74:36:13, and
74:36:15, effective April 22, 1993 and January 5, 1995.
    (17) On May 2, 1997, the designee of the Governor of South Dakota
submitted revisions to the plan. The revisions pertain to revised
regulations for definitions, minor source operating permits, open
burning, and performance testing. The State's SIP submittal requested
that EPA replace the previous version of the ARSD approved into the SIP
with the following chapters of the ARSD as in effect on December 29,
1996: 74:36:01 through 74:36:03, 74:36:04 (with the exception of section
74:36:04:03.01), 74:36:06, 74:36:07, 74:36:10-13, and 74:36:17. EPA is
replacing all of the previously approved State regulations, except the
NSPS rules in ARSD 74:36:07, with those regulations listed in paragraph
(c)(17)(i)(A). ARSD 74:36:07, as in effect on January 5, 1995 and as
approved by EPA at 40 CFR 52.2170(c)(16)(i)(A), will remain part of the
SIP. [Note that EPA is not incorporating the revised ARSD 74:36:07, new
ARSD 74:36:11:04, or new ARSD 74:36:17 in this action, as these chapters
will be acted on separately by EPA.]
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of South Dakota, Air
Pollution Control Program, Chapters 74:36:01-03; 74:36:04 (except
section 74:36:04:03.1); 74:36:06; 74:36:10, 74:36:11 (with the exception
of ARSD 74:36:11:04), 74:36:12, and 74:36:13, effective December 29,
1996.
    (18) On May 2, 1997 and on May 6, 1999, the designee of the Governor
of South Dakota submitted revisions to the new source performance
standards in subchapter 74:36:07 of the Administrative Rules of South
Dakota (ARSD).
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of South Dakota, Air
Pollution Control Program, Chapter 74:36:07--New Source Performance
Standards, subsections 74:36:07:01 through 74:36:07:10, 74:36:07:12
through 74:36:07:28, 74:36:07:31 through 74:36:07:33, and 74:36:07:43,
effective December 29, 1996.
    (B) Revisions to the Administrative Rules of South Dakota, Air
Pollution Control Program, Chapter 74:36:07--New Source Performance
Standards, subsections 74:36:07:06.02, 74:36:07:07.01, 74:36:07:11, and
74:36:07:43, effective April 4, 1999.
    (19) On May 2, 1997 and on May 6, 1999, the designee of the Governor
of South Dakota submitted provisions in Section 74:36:11:04 of the
Administrative Rules of South Dakota. The provisions allow permitted
sources to request permission to test a new fuel or raw material, to
determine if it is compatible with existing equipment and to determine
air emission rates, before requesting a permit amendment or modification
if certain conditions are met.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of South Dakota, Air
Pollution Control Program, Chapter 74:36:11, Performance Testing,
section 74:36:11:04, effective April 4, 1999.
[37 FR 15089, July 27, 1972, as amended at 41 FR 8966, Mar. 2, 1976; 41
FR 32744, Aug. 5, 1976; 44 FR 44495, July 30, 1979; 44 FR 46846, Aug. 9,
1979; 45 FR 58529, Sept. 4, 1980; 46 FR 54542, Nov. 3, 1981; 48 FR
31200, July 7, 1983; 49 FR 37753, Sept. 26, 1984; 53 FR 34079, Sept. 2,
1988; 54 FR 24341, June 7, 1989; 58 FR 5297, Jan. 21, 1993; 58 FR 37425,
July 12, 1993; 59 FR 53592, Oct. 25, 1994; 60 FR 46227, Sept. 6, 1995;
63 FR 55807, Oct. 19, 1998; 65 FR 5266, Feb. 3, 2000; 65 FR 32035, May
22, 2000]
Sec. 52.2171  Classification of regions.
    The South Dakota plan 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 Sioux City Interstate...................         III        III       III       III           III
Metropolitan Sioux Falls Interstate..................          II        III       III       III           III
Black Hills--Rapid City Intrastate...................         III        III       III       III           III
South Dakota Intrastate..............................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------
[[Page 505]]
[37 FR 10893, May 31, 1972]
Sec. 52.2172  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves South Dakota's plan as meeting the requirements of section 110
of the Clean Air Act, as amended in 1977. Furthermore, the Administrator
finds that the plan satisfies all requirements of Part D of the Clean
Air Act, as amended in 1977.
[46 FR 54542, Nov. 3, 1981]
Sec. 52.2173  Legal authority.
    (a) The requirements of Sec. 51.230(f) of this chapter are not met
since the South Dakota Compiled Law 34-16A-21 provides that data which
relates to processes or production unique to the owner or which tend to
adversely affect a competitive position of the owner shall be held
confidential.
    (b) Delegation of authority: Pursuant to section 114 of the Act,
South Dakota requested a delegation of authority to enable it to
collect, correlate and release emission data to the public. The
Administrator has determined that South Dakota is qualified to receive a
delegation of the authority it requested. Accordingly, the Administrator
delegates to South Dakota his authority under sections 114(a) (1) and
(2) and section 114(c) of the Act, i.e., authority to collect,
correlate, and release emission data to the public.
[37 FR 15089, July 27, 1972, as amended at 51 FR 40676, Nov. 7, 1986]
Secs. 52.2174-52.2177  [Reserved]
Sec. 52.2178  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 (b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of South Dakota.
    (c) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of South Dakota, except
from those sources proposing to locate on Indian reservations, shall be
submitted to the Director of the Division of Environmental Regulation,
Department of Environment and Natural Resources, Joe Foss Building,
Pierre, South Dakota 57501 instead of the EPA Region VIII office.
[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 59
FR 47261, Sept. 15, 1994]
Sec. 52.2179  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 Secs. 52.26 and 52.28 are hereby incorporated and made a
part of the applicable plan for the State of South Dakota.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of South
Dakota.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.2180  Stack height regulations.
    The State of South Dakota has committed to revise its stack height
regulations should EPA complete rulemaking to respond to the decision in
NRDC v. Thomas, 838 F.2d 1224 (DC Cir. 1988). In a letter to Douglas M.
Skie, EPA, dated May 11, 1988, Joel C. Smith, Administrator, Office of
Air Quality and Solid Waste, 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
[[Page 506]]
be changed to comport with the EPA's modified requirements. The State of
South Dakota agrees to make the appropriate changes.''
[53 FR 34079, Sept. 2, 1988]
Sec. 52.2181  [Reserved]
Sec. 52.2182  PM<INF>10</INF> Committal SIP.
    On July 12 1988, the State submitted a Committal SIP for the Rapid
City Group II PM<INF>10</INF> area, as required by the PM<INF>10</INF>
implementation policy. The SIP commits the State to continue to monitor
for PM<INF>10</INF> and to submit a full SIP if a violation of the
PM<INF>10</INF> National Ambient Air Quality Standards is detected. It
also commits the State to make several revisions related to
PM<INF>10</INF> to the existing SIP.
[55 FR 40834, Oct. 5, 1990]
Sec. 52.2183  Variance provision.
    The revisions to the variance provisions in Chapter 74:26:01:31.01
of the South Dakota Air Pollution Control Program, which were submitted
by the Governor's designee on September 25, 1991, are disapproved
because they are 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.
[58 FR 37426, July 12, 1993]
Sec. 52.2184  Operating permits for minor sources.
    Emission limitations and related provisions established in South
Dakota minor source operating permits, which are issued in accordance
with ARSD 74:36:04 and which are submitted to EPA in a timely manner in
both proposed and final form, shall be enforceable by EPA. EPA reserves
the right to deem permit conditions not federally enforceable. Such a
determination will be made according to appropriate procedures and will
be based upon the permit, permit approval procedures, or permit
requirements which do not conform with the operating permit program
requirements of EPA's underlying regulations.
[60 FR 46228, Sept. 6, 1995]
                          Subpart RR--Tennessee
Sec. 52.2219  [Reserved]
Sec. 52.2220  Identification of plan.
    (a)Purpose and scope. This section sets forth the applicable State
implementation plan for Tennessee 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, 1998, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after December 1, 1998, will be incorporated by
reference in the next update to the SIP compilation.
    (2) 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 Office of Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC.; or at the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW., Washington,
DC. 20460.
    (c) EPA approved regulations.
                                       EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
                                                                               EPA
          State citation                 Title/subject          Adoption     approval    Federal Register Notice
                                                                  date         date
----------------------------------------------------------------------------------------------------------------
                                       Chapter 1200-3-1 GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-1-.01.............  General Rules............     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-1-.02.............  Severability.............     10/12/79     06/24/82  47 FR 27267.
----------------------------------------------------------------------------------------------------------------
[[Page 507]]
                                          Chapter 1200-3-2 DEFINITIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-2-.01.............  General Definitions......     07/29/93      7/19/99  64 FR 38582.
----------------------------------------------------------------------------------------------------------------
Section 1200-3-2-.02.............  Abbreviations............     02/09/77     03/29/85  50 FR 12540.
----------------------------------------------------------------------------------------------------------------
                                     Chapter 1200-3-3 AIR QUALITY STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-3-.01.............  Primary Air Quality           02/09/77     03/29/85  50 FR 12540.
                                    Standards.
----------------------------------------------------------------------------------------------------------------
Section 1200-3-3-.02.............  Secondary Air Quality         02/09/77     03/29/85  50 FR 12540.
                                    Standards.
Section 1200-3-3-.03.............  Tennessee's Ambient Air       12/05/84     03/29/85  50 FR 12539.
                                    Quality Standards.
Section 1200-3-3-.04.............  Nondegradation...........     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-3-.05.............  Achievement..............     08/02/83     04/07/93  58 FR 18011.
----------------------------------------------------------------------------------------------------------------
                                          Chapter 1200-3-4 OPEN BURNING
----------------------------------------------------------------------------------------------------------------
Section 1200-3-4-.01.............  Purpose..................     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-4-.02.............  Open Burning Prohibited..     03/21/79     06/24/82  47 FR 27268.
Section 1200-3-4-.03.............  Exceptions to Prohibition     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-4-.04.............  Permits for Open Burning.     06/21/79     06/24/82  47 FR 27268.
----------------------------------------------------------------------------------------------------------------
                                  Chapter 1200-3-5 VISIBLE EMISSION REGULATIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-5-.01.............  General Standards........     06/07/92     08/15/97  62 FR 43643.
Section 1200-3-5-.02.............  Exceptions...............     06/07/92     08/15/97  62 FR 43643.
Section 1200-3-5-.03.............  Method of Evaluating and      06/07/92     08/15/97  62 FR 43643.
                                    Recording.
Section 1200-3-5-.04.............  Exemption................     06/07/92     08/15/97  62 FR 43643.
Section 1200-3-5-.05.............  Standard for Certain          06/07/92     08/15/97  62 FR 43643.
                                    Existing Sources.
Section 1200-3-5-.06.............  Wood-Fired Fuel Burning       06/07/92     08/15/97  62 FR 43643.
                                    Equipment.
Section 1200-3-5-.07.............  Repealed.................     06/07/92     08/15/97  62 FR 43643.
Section 1200-3-5-.08.............  Titanium Dioxide (TiO<INF>2</INF>)       06/07/92     08/15/97  62 FR 43643.
                                    Manufacturing.
Section 1200-3-5-.09.............  Kraft Mill Recovery           06/07/92     08/15/97  62 FR 43643.
                                    Furnaces.
Section 1200-3-5-.10.............  Choice of Visible             06/07/92     08/15/97  62 FR 43643.
                                    Emission Standard for
                                    Certain Fuel Burning
                                    Equipment.
Section 1200-3-5-.11.............  Soda Recovery Boilers....     06/07/92     08/15/97  62 FR 43643.
Section 1200-3-5-.12.............  Coke Battery Underfire        06/07/92     08/15/97  62 FR 43643.'
                                    (combustion) Stacks.
----------------------------------------------------------------------------------------------------------------
                                 Chapter 1200-3-6 NON-PROCESS EMISSION STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-6-.01.............  General Non-Process           06/21/79     06/24/82  47 FR 27268.
                                    Emissions.
Section 1200-3-6-.02.............  Non-Process Particulate       09/08/80     06/24/82  47 FR 27268.
                                    Emission Standards.
Section 1200-3-6-.03.............  General Non-Process           06/21/79     06/24/82  47 FR 27268.
                                    Gaseous Emissions.
Section 1200-3-6-.04.............  (Deleted)................     06/21/79     06/24/82  47 FR 27268.
Section 1200-3-6-.05.............  Wood-Fired Fuel Burning       05/30/87     11/23/88  53 FR 47530.'
                                    Equipment.
----------------------------------------------------------------------------------------------------------------
                                   Chapter 1200-3-7 PROCESS EMISSION STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-7-.01.............  General Process               03/02/79     06/24/82  47 FR 27269.
                                    Particulate Emission
                                    Standards.
Section 1200-3-7-.02.............  Choice of Particulate         04/12/78     06/07/79  44 FR 32681.
                                    Emission Standards--
                                    Existing Process.
Section 1200-3-7-.03.............  New Processes............     06/21/79     06/24/82  47 FR 27269.
Section 1200-3-7-.04.............  Limiting Allowable            03/21/79     06/07/79  44 FR 32681.
                                    Emissions.
Section 1200-3-7-.05.............  Specific Process Emission     06/07/74     06/07/79  44 FR 32681.
                                    Standards.
Section 1200-3-7-.06.............  Standards of Performance      06/07/74     06/07/79  44 FR 32681.
                                    for New Stationary
                                    Sources.
Section 1200-3-7-.07.............  General Provisions and        01/22/82     06/12/96  61 FR 29666.
                                    Applicability for
                                    Process Gaseous Emission
                                    Standards.
Section 1200-3-7-.08.............  Specific Process Emission     09/22/80     01/31/96  61 FR 3318.
                                    Standards.
Section 1200-3-7-.09.............  Sulfuric Acid Mist.......     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-7-.10.............  Grain Loading Limit for       03/21/79     06/24/82  47 FR 27269.
                                    Certain Existing Sources.
Section 1200-3-7-.11.............  Carbon Monoxide, Electric     10/25/79     06/24/82  47 FR 27267.
                                    Arc Furnaces.
Section 1200-3-7-.12.............  Carbon Monoxide,              01/22/82     06/21/82  47 FR 26621.'
                                    Catalytic Cracking Units.
----------------------------------------------------------------------------------------------------------------
                                         Chapter 1200-3-8 FUGITIVE DUST
----------------------------------------------------------------------------------------------------------------
Section 1200-3-8-.01.............  Fugitive Dust............     07/11/80     06/24/82  47 FR 27269.
Section 1200-3-8-.02.............  Special Nonattainment         03/21/79     06/24/82  47 FR 27269'
                                    Area Fugitive Dust
                                    Requirements.
----------------------------------------------------------------------------------------------------------------
[[Page 508]]
                               Chapter 1200-3-9 CONSTRUCTION AND OPERATING PERMITS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-9-.01.............  Construction Permits.....     01/26/99      7/19/99  64 FR 38582.
Section 1200-3-9-.02.............  Operating Permits........     09/21/94     02/13/97  62 FR 6724.
Section 1200-3-9-.03.............  General Provisions.......     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-9-.04.............  Exemptions...............     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-9-.05.............  Appeal of Permit              11/16/79     06/24/82  47 FR 27269.
                                    Application Denials and
                                    Permit Conditions.
----------------------------------------------------------------------------------------------------------------
                          Chapter 1200-3-10 REQUIRED SAMPLING, RECORDING, AND REPORTING
----------------------------------------------------------------------------------------------------------------
Section 1200-3-10-.01............  Sampling Required to          12/14/81     03/19/96  61 FR 11136.
                                    Establish Contaminant
                                    Emission Levels.
Section 1200-3-10-.02............  Monitoring of Source          02/14/96     01/07/00  65 FR 1070.
                                    Emissions, Recording,
                                    Reporting of the Same
                                    are Required.
Section 1200-3-10-04.............  Sampling Recording and        09/12/94     01/19/00  65 FR 2880.
                                    Reporting Required For
                                    Major Stationary Sources.
----------------------------------------------------------------------------------------------------------------
                               Chapter 1200-3-12 METHODS OF SAMPLING AND ANALYSIS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-12-.01............  General..................     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-12-.02............  Procedures for Ambient        01/18/80     06/24/82  47 FR 27270.
                                    Sampling and Analysis.
Section 1200-3-12-.03............  Source Sampling and           08/01/84     03/29/85  50 FR 12539.
                                    Analysis.
Section 1200-3-12-.04............  Monitoring Required for       12/28/96     01/07/00  65 FR 1070.
                                    Determining Compliance
                                    of Certain Large Sources.
----------------------------------------------------------------------------------------------------------------
                                          Chapter 1200-3-13 VIOLATIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-13-.01............  Violation Statement......     06/07/74     06/07/79  44 FR 32681.'
----------------------------------------------------------------------------------------------------------------
                              Chapter 1200-3-14 CONTROL OF SULFUR DIOXIDE EMISSIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-14-.01............  General Provisions.......     08/01/84     04/07/93  58 FR 18011.
Section 1200-3-14-.02............  Non-Process Emission          08/01/84     04/07/93  58 FR 18011.
                                    Standards.
Section 1200-3-14-.03............  Process Emission              03/21/93     03/19/96  61 FR 11136.'
                                    Standards.
----------------------------------------------------------------------------------------------------------------
                                Chapter 1200-3-15 EMERGENCY EPISODE REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-15-.01............  Purpose..................     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-15-.02............  Episode Criteria.........     06/26/93     09/15/94  59 FR 47256.
Section 1200-3-15-.03............  Required Emissions            05/15/81     06/24/82  47 FR 27267.'
                                    Reductions.
----------------------------------------------------------------------------------------------------------------
                                  Chapter 1200-3-18 VOLATILE ORGANIC COMPOUNDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-18-.01............  Definitions..............     06/03/96     08/27/96  61 FR 43972.
Section 1200-3-18-.02............  General Provisions and        02/23/96     07/18/96  61 FR 37387.
                                    Applicability.
Section 1200-3-18-.03............  Compliance Certification,     02/08/96     07/18/96  61 FR 37387.
                                    Recordkeeping, and
                                    Reporting Requirements
                                    for Coating and Printing
                                    Sources.
Section 1200-3-18-.04............  Compliance Certification,     02/08/96     07/18/96  61 FR 37387.
                                    Recordkeeping, and
                                    Reporting Requirements
                                    for Non-Coating and Non-
                                    Printing Sources.
Section 1200-3-18-.05............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.06............  Handling, Storage, Use,       06/04/96     08/27/96  61 FR 43972.
                                    and Disposal of Volatile
                                    Organic Compounds (VOC).
Section 1200-3-18-.07............  Source-Specific               05/18/93     02/27/95  60 FR 10504.
                                    Compliance Schedules.
Section 1200-3-18-.08............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.09............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.10............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.11............  Atomobile and Light-Duty      05/18/93     02/27/95  60 FR 10504.
                                    Truck Coating Operations.
Section 1200-3-18-.12............  Can Coating..............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.13............  Coil Coating.............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.14............  Paper and Related Coating     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.15............  Fabric Coating...........     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.16............  Vinyl Coating............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.17............  Coating of Metal              05/18/93     02/27/95  60 FR 10504.
                                    Furniture.
Section 1200-3-18-.18............  Coating of Large              05/18/93     02/27/95  60 FR 10504,
                                    Appliances.
Section 1200-3-18-.19............  Coating of Magnet Wire...     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.20............  Coating of Miscellaneous      01/26/99      11/3/99  64 FR 59628
                                    Metal Parts.
Section 1200-3-18-.21............  Coating of Flat Wood          02/08/96     07/18/96  61 FR 37387.
                                    Paneling.
Section 1200-3-18-.22............  Bulk Gasoline Plants.....     05/18/93     02/27/95  60 FR 10504.
[[Page 509]]
Section 1200-3-18-.23............  Bulk Gasoline Terminals..     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.24............  Gasoline Dispensing           06/03/96     04/14/97  62 FR 18046.
                                    Facility--Stage I and
                                    Stage II Vapor Recovery.
Section 1200-3-18-.25............  Leaks from Gasoline Tank      05/18/93     02/27/95  60 FR 10504.
                                    Trucks.
Section 1200-3-18-.26............  Petroleum Refinery            05/18/93     02/27/95  60 FR 10504.
                                    Sources.
Section 1200-3-18-.27............  Leaks from Petroleum          05/18/93     02/27/95  60 FR 10504.
                                    Refinery Equipment.
Section 1200-3-18-.28............  Petroleum Liquid Storage      05/18/93     02/27/95  60 FR 10504.
                                    in External Floating
                                    Roof Tanks.
Section 1200-3-18-.29............  Petroleum Liquid Storage      05/18/93     02/27/95  60 FR 10504.
                                    in Fixed Roof Tanks.
Section 1200-3-18-.30............  Leaks from Natural Gas/       05/18/93     02/27/95  60 FR 10504.
                                    Gasoline Processing
                                    Equipment.
Section 1200-3-18-.31............  Solvent Metal Cleaning...     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.32............  Cutback and Emulsified        05/18/93     02/27/95  60 FR 10504.
                                    Asphalt.
Section 1200-3-18-.33............  Manufacture of                02/21/95     07/18/96  61 FR 37387.
                                    Synthesized
                                    Pharaceutical Products.
Section 1200-3-18-.34............  Pneumatic Rubber Tire         05/18/93     02/27/95  60 FR 10504.
                                    Manufacturing.
Section 1200-3-18-.35............  Graphic Arts Systems.....     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.36............  Petroleum Solvent Dry         02/08/96     07/18/96  61 FR 37387.
                                    Cleaners.
Section 1200-3-18-.37............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.38............  Leaks from Synthetic          02/08/96     07/18/96  61 FR 37387.
                                    Organic Chemical,
                                    Polymer, and Resin
                                    Manufacturing Equipment.
Section 1200-3-18-.39............  Manufacture of High-          05/08/97     07/29/97  62 FR 40458.
                                    Density Polyethylene,
                                    Polypropylene, and
                                    Polystyrene Resins.
Section 1200-3-18-.40............  Air Oxidation Processes       05/18/93     02/27/95  60 FR 10504.
                                    in the Synthetic Organic
                                    Chemical Manufacturing
                                    Industry.
Section 1200-3-18-.41............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.42............  Wood Furniture Finishing      04/25/96     07/18/96  61 FR 37387.
                                    and Cleaning Operations.
Section 1200-3-18-.43............  Offset Lithographic           04/22/96     07/18/96  61 FR 37387.
                                    Printing Operations.
Section 1200-3-18-.44............  Surface Coating of            06/03/96     08/27/96  61 FR 43972.
                                    Plastic Parts.
Section 1200-3-18-.45............  Standards of Performance      06/03/96     08/27/96  61 FR 43972.
                                    for Commercial Motor
                                    Vehicle and Mobile
                                    Equipment Refinishing
                                    Operations.
Section 1200-3-18-.48............  Volatile Organic Liquid       06/03/96     08/27/96  61 FR 43972.
                                    Storage Tanks.
Sections 1200-3-18-.49-.77.......  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.78............  Other Facilities That         02/08/96     07/18/96  61 FR 37387.
                                    Emit Volatile Organic
                                    Compounds (VOC's) of
                                    Fifty Tons Per Year.
Section 1200-3-18-.79............  Other Facilities That         02/08/96     07/18/96  61 FR 37387
                                    Emit Volatile Organic
                                    Compounds (VOC's) of One
                                    Hundred Tons Per Year.
Section 1200-3-18-.80............  Test Methods and              05/18/93     02/27/95  60 FR 10504
                                    Compliance Procedures:
                                    General Provisions.
Section 1200-3-18-.81............  Test Methods and              05/08/97     07/29/97  62 FR 40458
                                    Compliance Procedures:
                                    Determining the Volatile
                                    Organic Compound (VOC)
                                    Content of Coatings and
                                    Inks.
Section 1200-3-18-.82............  Test Methods and              05/18/93     02/27/95  60 FR 10504
                                    Compliance Procedures:
                                    Alternative Compliance
                                    Methods for Surface
                                    Coating.
Section 1200-3-18-.83............  Test Methods and              05/18/93     02/27/95  60 FR 10504
                                    Compliance Procedures:
                                    Emission Capture and
                                    Destruction or Removal
                                    Efficiency and
                                    Monitoring Requirements.
Section 1200-3-18-.84............  Test Methods and              05/18/93     02/27/95  60 FR 10504
                                    Compliance Procedures:
                                    Determining the
                                    Destruction or Removal
                                    Efficiency of a Control
                                    Device.
Section 1200-3-18-.85............  Test Methods and              05/18/93     02/27/95  60 FR 10504
                                    Compliance Procedures:
                                    Leak Detection Methods
                                    for Volatile Organic
                                    Compounds (VOC's).
Section 1200-3-18-.86............  Performance                   06/03/96     04/14/97  62 FR 18046
                                    Specifications for
                                    Continuous Emission
                                    Monitoring of Total
                                    Hydrocarbons.
Section 1200-3-18-.87............  Quality Control               05/18/93     02/27/95  60 FR 10504
                                    Procedures for
                                    Continuous Emission
                                    Monitoring Systems
                                    (CEMS).
Section 1200-3-18-.88-.99........  (Reserved)...............     05/18/93     02/27/95  60 FR 10504'
----------------------------------------------------------------------------------------------------------------
       Chapter 1200-3-19 EMISSION STANDARDS AND MONITORING REQUIREMENTS FOR PARTICULATE AND SULFUR DIOXIDE
                                               NONATTAINMENT AREAS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-19-.01............  Purpose..................     04/30/96     07/30/97  62 FR 40734
Section 1200-3-19-.02............  General Requirements.....     04/30/96     07/30/97  62 FR 40734
[[Page 510]]
Section 1200-3-19-.03............  Particulate and Sulfur        04/30/96     07/30/97  62 FR 40734
                                    Dioxide Nonattainment
                                    Areas within Tennessee.
Section 1200-3-19-.04............  (Reserved)...............     04/30/96     07/30/97  62 FR 40734
Section 1200-3-19-.05............  Operating Permits and         04/30/96     07/30/97  62 FR 40734
                                    Emission Limiting
                                    Conditions.
Section 1200-3-19-.06............  Logs for Operating Hours.     04/30/96     07/30/97  62 FR 40734
Section 1200-3-19-.07-.10........  (Reserved)...............     04/30/96     07/30/97  62 FR 40734
Section 1200-3-19-.11............  Particulate Matter            04/30/96     07/30/97  62 FR 40734
                                    Emission Regulations for
                                    the Bristol
                                    Nonattainment Area.
Section 1200-3-19-.12............  Particulate Matter            04/30/96     07/30/97  62 FR 40734
                                    Emission Regulations for
                                    Air Contaminant Sources
                                    in or Significantly
                                    Impacting the
                                    Particulate
                                    Nonattainment Areas in
                                    Campbell County.
Section 1200-3-19-.13............  Particulate Emission          04/30/96     07/30/97  62 FR 40734.
                                    Regulations for the Bull
                                    Run Nonattainment Area
                                    and Odoms Bend
                                    Nonattainment Area.
Section 1200-3-19-.14............  Sulfur Dioxide Emission       04/16/97      9/13/99  64 FR 49397
                                    Regulations for the New
                                    Johnsonville
                                    Nonattainment Area.
Section 1200-3-19-.15............  Particulate Matter            04/30/96     07/30/97  62 FR 40734.
                                    Monitoring Requirements
                                    for Steam Electric
                                    Generating Units in the
                                    Bull Run and Odoms Bend
                                    Nonattainment Areas.
Section 1200-3-19-.16-.18........  (Reserved)...............     04/30/96     07/30/97  62 FR 40734.
Section 1200-3-19-.19............  Sulfur Dioxide                11/30/96      9/13/99  64 FR 49398
                                    Regulations for the
                                    Copper Basin
                                    Nonattainment Area.
----------------------------------------------------------------------------------------------------------------
               Chapter 1200-3-20 LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START-UPS, AND SHUTDOWNS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-20-.01............  Purpose..................     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.02............  Reasonable Measures           02/13/79     02/06/80  45 FR 8004.
                                    Required.
Section 1200-3-20-.03............  Notice Required When          12/09/81     06/24/82  47 FR 27272.
                                    Malfunction Occurs.
Section 1200-3-20-.04............  Logs and Reports.........     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.05............  Copies of Log Required...     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.06............  Scheduled Maintenance....     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.07............  Report Required Upon The      02/13/79     02/06/80  45 FR 8004.
                                    Issuance of Notice of
                                    Violation.
Section 1200-3-20-.08............  Special Reports Required.     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.09............  Rights Reserved..........     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.10............  Additional Sources            11/23/79     06/24/82  47 FR 27272.'
                                    Covered.
----------------------------------------------------------------------------------------------------------------
                              Chapter 1200-3-21 GENERAL ALTERNATE EMISSION STANDARD
----------------------------------------------------------------------------------------------------------------
Section 1200-3-21-.01............  General Alternate             01/22/82     06/24/82  47 FR 27272.
                                    Emission Standard.
Section 1200-3-21-.02............  Applicability............     03/22/93     04/18/94  59 FR 18310.'
----------------------------------------------------------------------------------------------------------------
                                    Chapter 1200-3-22 LEAD EMISSION STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-22-.01............  Definitions..............     03/18/85     08/12/85  50 FR 32412.
Section 1200-3-22-.02............  General Lead Emission         12/05/84     08/12/85  50 FR 32412.
                                    Standards.
----------------------------------------------------------------------------------------------------------------
Section 1200-3-22-.03............  Specific Emission             12/05/84     08/12/85  50 FR 32412.
                                    Standards for Existing
                                    Sources of Lead.
Section 1200-3-22-.04............  Standards for New and         12/05/84     08/12/85  50 FR 32412.
                                    Modified Sources of Lead.
Section 1200-3-22-.05............  Source Sampling and           12/05/84     08/12/85  50 FR 32412.
                                    Analysis.
Section 1200-3-22-.06............  Lead Ambient Monitoring       12/05/84     08/12/85  50 FR 32412.'
                                    Requirements.
----------------------------------------------------------------------------------------------------------------
                                     Chapter 1200-3-23 VISIBILITY PROTECTION
----------------------------------------------------------------------------------------------------------------
Section 1200-3-23-.01............  Purpose..................     12/19/94     07/02/97  62 FR 35681.
Section 1200-3-23-.02............  Definitions..............     12/19/94     07/02/97  62 FR 35681.
Section 1200-3-23-.03............  General Visibility            12/19/94     07/02/97  62 FR 35681.
                                    Protection Standards.
Section 1200-3-23-.04............  Specific Emission             12/19/94     07/02/97  62 FR 35681.
                                    Standards for Existing
                                    Stationary Facilities.
Section 1200-3-23-.05............  Specific Emission             12/19/94     07/02/97  62 FR 35681.
                                    Standards for Existing
                                    Sources.
Section 1200-3-23-.06............  Visibility Standards for      12/19/94     07/02/97  62 FR 35681.
                                    New and Modified Sources.
Section 1200-3-23-.07............  Visibility Monitoring         12/19/94     07/02/97  62 FR 35681.
                                    Requirements.
Section 1200-3-23-.08............  Exemptions from BART          12/19/94     07/02/97  62 FR 35681.'
                                    Requirements.
----------------------------------------------------------------------------------------------------------------
[[Page 511]]
                      Chapter 1200-3-24 GOOD ENGINEERING PRACTICE STACK HEIGHT REGULATIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-24-.01............  General Provisions.......     08/18/86     10/19/88  53 FR 40881.
Section 1200-3-24-.02............  Definitions..............     08/18/86     10/19/88  53 FR 40881.
Section 1200-3-24-.03............  Good Engineering Practice     08/18/86     10/19/88  53 FR 40881.
                                    Stack Height Regulations
                                    Standards.
Section 1200-3-24-.04............  Specific Emission             08/18/86     10/19/88  53 FR 40881.'
                                    Standards.
----------------------------------------------------------------------------------------------------------------
                                        Chapter 1200-3-27 NITROGEN OXIDES
----------------------------------------------------------------------------------------------------------------
Section 1200-3-27-.01............  Definitions..............     06/14/93     07/29/96  61 FR 39326.
Section 1200-3-27-.02............  General Provisions and        04/29/96     07/29/96  61 FR 39326.
                                    Applicability.
Section 1200-3-27-.03............  Standards and                 04/29/96     07/29/96  61 FR 39326.'
                                    Requirements.
----------------------------------------------------------------------------------------------------------------
                      Chapter 1200-3-29 LIGHT-DUTY MOTOR VEHICLE INSPECTION AND MAINTENANCE
----------------------------------------------------------------------------------------------------------------
Section 1200-3-29-.01............  Purpose..................     07/08/94     07/28/95  60 FR 38694.
Section 1200-3-29-.02............  Definitions..............     07/08/94     07/28/95  60 FR 38694.
Section 1200-3-29-.03............  Motor Vehicle Inspection      07/08/94     07/28/95  60 FR 38694.
                                    Requirements.
Section 1200-3-29-.04............  Exemption From Motor          07/08/94     07/28/95  60 FR 38694.
                                    Vehicle Inspection
                                    Requirements.
Section 1200-3-29-.05............  Motor Vehicle Emission        07/08/94     07/28/95  60 FR 38694.
                                    Performance Test
                                    Criteria.
Section 1200-3-29-.06............  Motor Vehicle Anti-           07/08/94     07/28/95  60 FR 38694.
                                    Tampering Test Criteria.
Section 1200-3-29-.07............  Motor Vehicle Emissions       07/08/94     07/28/95  60 FR 38694.
                                    Performance Test Methods.
Section 1200-3-29-.08............  Motor Vehicle Anti-           07/08/94     07/28/95  60 FR 38694.
                                    Tampering Test Methods.
Section 1200-3-29-.09............  Motor Vehicle Inspection      07/08/94     07/28/95  60 FR 38694.
                                    Program.
Section 1200-3-29-.10............  Motor Vehicle Inspection      07/08/94     07/28/95  60 FR 38694.
                                    Fee.
----------------------------------------------------------------------------------------------------------------
    (d) EPA-approved State Source-specific requirements.
                               EPA-Approved Tennessee Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                             State
         Name of Source                Permit No.       effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
Revised Permits for the           n/a.................        09/15/99  11/5/99............  Various permits.
 Kingsport Particulate                                                  64 FR 60346........
 Nonattainment Area.
Union Carbide, Tennessee Eastman  n/a, 011397P........        12/30/86  06/16/87...........  ...................
 Company.                                                               52 FR 22778........
Murray Ohio Manufacturing         n/a.................        12/30/86  12/10/87...........  ...................
 Company.                                                               52 FR 46764........
Tennessee Eastman Company.......  n/a.................        01/06/88  10/12/88...........
                                                                        53 FR 39742........
Variance for Averaging Times for  n/a.................        01/06/88  06/23/88...........  5 sources.
 VOC Emission.                                                          53 FR 23624........
Avco Aerostructures.............  n/a.................        02/25/88  01/23/89...........  ...................
                                                                        54 FR 3031.........
Miscellaneous Metal Parts.......  n/a.................        04/05/99  11/5/99............  13 sources.
                                                                        64 FR 60346........
Nissan Manufacturing Corporation  n/a.................        04/29/91  09/09/91...........  ...................
                                                                        56 FR 45896........
Tenneco Energy..................  045022F, 045025F....        05/31/96  07/24/96...........  ...................
                                                                        61 FR 38391........
Brunswick Marine Corporation....  044881P, 045012P,           05/31/96  07/21/97...........
                                   045013P.                             62 FR 38909........
Metalico College Grove, Inc.....  N/A.................        05/12/99  7/12/99............
                                                                        64 FR 37411........
----------------------------------------------------------------------------------------------------------------
[[Page 512]]
    (e) [Reserved]
[64 FR 35012, June 30, 1999, as amended at 64 FR 37410, July 12, 1999;
64 FR 38582, July 19, 1999; 64 FR 49397, Sept. 13, 1999; 64 FR 59628,
Nov. 3, 1999; 64 FR 60346, Nov. 5, 1999; 65 FR 1070, Jan. 7, 2000; 65 FR
2880, Jan. 19, 2000]
Sec. 52.2221  Classification of regions.
    The Tennessee 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)
----------------------------------------------------------------------------------------------------------------
Eastern Tennessee-Southwestern Virginia Interstate...           I          I       III       III           III
Tennessee River Valley-Cumberland Mountains                     I          I       III       III           III
 Intrastate..........................................
Middle Tennessee Intrastate..........................           I         II       III       III             I
Western Tennessee Intrastate.........................           I        III       III       III           III
Chattanooga Interstate...............................           I         II       III       III           III
Metropolitan Memphis Interstate......................           I        III       III       III             I
----------------------------------------------------------------------------------------------------------------
[37 FR 10894, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]
Sec. 52.2222  Approval status.
    (a) With the exceptions set forth in this subpart, the Administrator
approves Tennessee'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 thus far submitted satisfy 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 submittal of
RACT requirements by July 1, 1980, for the sources covered by CTGs
issued between January 1978 and January 1979 and on adoption and
submittal by each subsequent January of additional RACT requirements for
sources covered by CTGs issued by the previous January.
    (b) New source review permits issued pursuant to section 173 of the
Clean Air Act will not be deemed valid by EPA unless the provisions of
Section V of the emission offset interpretative rule (Appendix S of 40
CFR part 51) are met.
    (c) EPA approves Nashville/Davidson County, Tennessee's VOC
Regulation No. 7, Section 7-1(11), which replaces the definition of
Volatile Organic Compound (VOC) with a definition for VOC that is
consistent with the EPA approved definition. The EPA approved definition
defines VOC as any organic compound that participates in atmospheric
photochemical reactions. However, it excludes organic compounds which
have negligible photochemical reactivity. These compounds are as
follows: methane, ethane, methyl chloroform (1,1,1-trichloroethane),
CFC-113 (trichlorotrifluoroethane), methylene chloride, CFC 11
(trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22
(chlorodifluoromethane), FC-23 (trifluoromethane), CFC-114
(dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane). It is
also our understanding that by adopting the EPA approved definition,
Nashville/Davidson County, Tennessee will use EPA approved test methods
for VOC.
[45 FR 53817, Aug. 13, 1980, as amended at 54 FR 4021, Jan. 27, 1989; 55
FR 18726, May 4, 1990]
Sec. 52.2223  Compliance schedules.
    (a) Federal compliance schedules--State program. (1) Except as
provided in paragraph (a)(5) of this section, the owner or operator of
any boiler or furnace of more than 250 million Btu per hour heat input
subject to the requirements of Chapter 1200-3-14 of the Rules and
Regulations of Tennessee as contained in the Tennessee implementation
plan, shall notify the Administrator, no later than January 1, 1974, of
his intent to utilize either low-sulfur fuel or stack gas
desulfurization to meet these requirements.
    (2) Any owner or operator of a stationary source subject to
paragraph
[[Page 513]]
(a)(1) of this section who elects to utilize low-sulfur fuel shall be
subject to the following compliance schedule:
    (i) January 31, 1974: Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with the applicable regulation on July 1, 1975, and
for at least one year thereafter.
    (ii) March 31, 1974: Sign contracts with fuel suppliers for fuel
requirements as projected above.
    (iii) April 30, 1974: Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
    (iv) May 31, 1974: Let contracts for necessary boiler modifications,
if applicable.
    (v) October 31, 1974: Initiate onsite modifications, if applicable.
    (vi) June 1, 1975: Complete onsite modifications, if applicable.
    (vii) July 1, 1975: Achieve compliance with the requirements of
Chapter 1200-3-14 of the Rules and Regulations of Tennessee and certify
compliance to the Administrator.
    (viii) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed on
or before 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.
    (ix) Five days after the deadline for completing increments (a)(2)
(ii) through (vi) in this section certification as to whether the
increments were met shall be made to the Administrator.
    (3) Any owner or operator of a stationary source subject to
paragraph (a)(1) of this section who elects to utilize stack gas
desulfurization shall be subject to the following compliance schedule:
    (i) January 31, 1974--Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be taken by the
source to achieve compliance with the applicable regulations.
    (ii) February 28, 1974--Negotiate and sign all necessary contracts
for emission-control systems or process modification, or issue orders
for the purchase of component parts to accomplish emission control or
process modification.
    (iii) May 1, 1974--Initiate onsite construction or installation of
emission-control equipment or process modification.
    (iv) May 1, 1975--Complete onsite construction or installation of
emission control equipment or process modification.
    (v) July 1, 1975--Achieve compliance with the requirements of
Chapter 1200-3-14 of the Rules and Regulations of Tennessee and certify
compliance to the Administrator.
    (vi) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed on
or before 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.
    (vii) Five days after the deadline for completing increments (a)(3)
(ii) through (iv) in this section, certification as to whether the
increments were met shall be made to the Administrator.
    (4) Except as provided in paragraph (a)(5) of this section, the
owner or operator of any stationary source subject to the requirements
of Chapter 1200-3-14 of the Rules and Regulations of Tennessee as
contained in the Tennessee implementation plan, shall comply with the
following compliance schedule:
    (i) November 15, 1973: Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be taken by the
source to achieve compliance with the applicable regulations.
    (ii) January 1, 1974: Negotiate and sign all necessary contracts for
emission control systems or process modifications, or issue orders for
the purchase of component parts to accomplish emission control or
process modification.
    (iii) February 1, 1974: Initiate onsite construction or installation
of emission control equipment or process modification.
    (iv) May 1, 1975: Complete onsite construction or installation of
emission
[[Page 514]]
control equipment or process modification.
    (v) July 1, 1975: Achieve compliance with the applicable regulations
and certify such compliance to the Administrator.
    (vi) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed on
or before 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.
    (vii) Five days after the deadline for completing increments
(a)(4)(ii) through (iv) in this section certification as to whether the
increments were met shall be made to the Administrator.
    (5) (i) None of the above paragraphs shall apply to a source which
is presently in compliance with applicable regulations and which has
certified such compliance to the Administrator by October 1, 1973. The
Administrator may request whatever supporting information he considers
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by
the Administrator shall satisfy the requirements of this paragraph for
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this
paragraph may submit to the Administrator no later than October 1, 1973,
a proposed alternative compliance schedule. No such compliance schedule
may provide for final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
    (6) The compliance schedules in paragraphs (a)(2) and (3) of this
section shall not excuse a source from complying with any interim
emission limitations on the date prescribed in the Tennessee air
pollution control regulation listed in paragraph (a)(1) of this section.
    (7) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedules in the above paragraphs of this paragraph
fail to satisfy the requirements of Secs. 51.261 and 51.262(a) of this
chapter.
    (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) [Reserved]
    (d) 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 or those of a local air pollution control agency as noted.
    (1) State compliance schedules:
----------------------------------------------------------------------------------------------------------------
                                                                    State regulation
                Source                         Location                 involved             Date of adoption
----------------------------------------------------------------------------------------------------------------
Burlington Industries, Inc. (State     Washington County, Tenn  Ch. 6, sec. 4..........  Mar. 20, 1973.
 order No. 7-0073).
Monsanto Co., kilns Nos. 1 and 2       Maury County, Tenn.....  Ch. 7, sec. 8..........      Do.
 (State order No. 8-0073).
Monsanto Co., kiln No. 3 (State order  ......do...............  Ch. 7, sec. 8..........      Do.
 No. 20-0073).
Stauffer Chemical Co.................  ......do...............  Ch. 7, sec. 8..........      Do.
Tennessee Eastman Co.:
  (a) Bldg. 267: Chem. A, vent 1-A     Sullivan County, Tenn..  Ch. 7, sec. 8..........      Do.
   (State order No. 15-0073).
  (b) Bldg. 267: Chem. B, vent 1-A     ......do...............  Ch. 7, sec. 8..........      Do.
   (State order No. 25-0073).
  (c) Bldg. 267: Chem. C, vent 1-A     ......do...............  Ch. 7, sec. 8..........      Do.
   (State order No. 26-0073).
  (d) Bldg. 267: Chem. D, vent 1-A     ......do...............  Ch. 7, sec. 8..........      Do.
   (State order No. 17-0073).
  (e) Bldg. 267: Chem. E, vent 1-A,    ......do...............  Ch. 7, sec. 8..........      Do.
   (State order No. 16-0073).
  (f) B3A-1 (State order No. 18-0073)  ......do...............  Ch. 7, sec. 8..........      Do.
  (g) B13-1 (State order No. 19-0073)  ......do...............  Ch. 7, sec. 8..........      Do.
  (h) B13-3 (State order No. 24-0073)  ......do...............  Ch. 7, sec. 8..........      Do.
----------------------------------------------------------------------------------------------------------------
[[Page 515]]
    (e) Federal compliance schedules--Local programs. (1) Except as
provided in paragraph (e)(16) of this section, the owner or operator of
any stationary source subject to the following emission limiting
regulations of the Knox County Air Pollution Control Regulations and the
City of Memphis Air Pollution Control Code and Shelby County Air
Pollution Control Code contained as part of the Tennessee implementation
plan shall comply with the compliance schedule in paragraph (e)(2) of
this section: Knox County Air Pollution Control Regulations, Sections
18.2C; 19.4B; 20.1D; and 23.1; City of Memphis Air Pollution Control
Code and Shelby County Air Pollution Control Code Section 3-24(d).
    (2) Compliance schedule. (i) October 1, 1973--Submit to the
Administrator a final control plan, which describes at a minimum the
steps which will be taken by the source to achieve compliance with the
applicable regulations.
    (ii) December 1, 1973--Negotiate and sign all necessary contracts
for emission control systems or process modifications, or issue orders
for the purchase of component parts to accomplish emission control or
process modification.
    (iii) January 1, 1974--Initiate onsite construction or installation
of emission control equipment or process modification.
    (iv) May 1, 1975--Complete onsite construction or installation of
emission control equipment or process modification.
    (v) July 1, 1975--Achieve compliance with the applicable regulations
and certify such compliance to the Administrator.
    (3) Except as provided in paragraph (e)(16) of this section, the
owner or operator of any stationary source subject to the following
emission limiting regulation of the Knox County Air Pollution Control
Regulations contained as part of the Tennessee implementation plan shall
comply with the compliance schedule in paragraph (e)(4) of this section:
Knox County Air Pollution Control Regulations, Section 19.2C.
    (4) Compliance schedule. (i) October 1, 1973--Submit to the
Administrator a final control plan, which describes at a minimum the
steps which will be taken by the source to achieve compliance with the
applicable regulations.
    (ii) December 1, 1973--Negotiate and sign all necessary contracts
for emission control systems or process modifications, or issue orders
for the purchase of component parts to accomplish emission control or
process modification.
    (iii) January 1, 1974--Initiate onsite construction or installation
of emission control equipment or process modification.
    (iv) May 1, 1975-Complete onsite construction or installation of
emission control equipment or process modification.
    (v) June 1, 1975--Achieve compliance with the applicable regulations
and certify such compliance to the Administrator.
    (5) Except as provided in paragraph (e)(16) of this section, the
owner or operator of any boiler or furnace of more than 250 million Btu
per hour heat input subject to the requirements of Knox County Air
Pollution Control Regulations, section 18.4B; and City of Memphis Air
Pollution Control Code and Shelby County Air Pollution Control Code,
Section 3-24(b), contained as part of the Tennessee implementation plan
shall notify the Administrator no later than October 1, 1973, of his
intent to utilize either low-sulfur fuel or stack gas desulfurization to
meet these requirements.
    (6) Any owner or operator of a stationary source subject to
paragraph (e)(5) of this section who elects to utilize low-sulfur fuel
shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with the applicable regulation on July 1, 1975, and
for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
[[Page 516]]
    (iv) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
    (v) June 15, 1974--Initiate onsite modifications, if applicable.
    (vi) March 31, 1975--Complete onsite modifications, if applicable.
    (vii) July 1, 1975--Achieve compliance with the requirements of Knox
County Air Pollution Control Regulations, section 18.4B and City of
Memphis Air Pollution Control Code and Shelby County Air Pollution
Control Code Section 3-24 (b) and certify such compliance to the
Administrator.
    (7) Any owner or operator of a stationary source subject to
paragraph (e)(5) of this section who elects to utilize stack gas
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be taken by the
source to achieve compliance with the applicable regulation.
    (ii) January 1, 1974--Negotiate and sign all necessary contracts for
emission control systems or process modification, or issue orders for
the purchase of component parts to accomplish emission control or
process modification.
    (iii) February 1, 1974--Initiate onsite construction or installation
of emission control equipment or process modification.
    (iv) May 1, 1975--Complete onsite construction or installation of
emission control equipment or process modification.
    (v) July 1, 1975--Achieve compliance with the applicable regulation
and certify such compliance to the Administrator.
    (8) Except as provided in paragraph (e)(16) of this section, the
owner or operator of any stationary source subject to the following
emission limiting regulation of the Hamilton County Air Pollution
Control Regulations contained as part of the Tennessee implementation
plan shall comply with the compliance schedule in paragraph (e)(9) of
this section: Hamilton County Air Pollution Control Regulations, rule 10
(particulate emissions from process operations).
    (9) Compliance schedule. (i) September 15, 1973--Submit to the
Administrator a final control plan, which describes at a minimum the
steps which will be taken by the source to achieve compliance with the
applicable regulations.
    (ii) November 1, 1973--Negotiate and sign all necessary contracts
for emission control systems or process modifications, or issue orders
for the purchase of component parts to accomplish emission control or
process modification.
    (iii) December 1, 1973--Initiate onsite construction or installation
of emission control equipment or process modifications.
    (iv) June 1, 1974--Complete onsite construction or installation of
emission control equipment or process modification.
    (v) July 1, 1974--Achieve compliance with the applicable
regulations, and certify such compliance to the Administrator.
    (10) Except as provided in paragraph (e)(16) of this section, the
owner or operator of any process (non-fuel burning) source of sulfur
dioxide subject to the emission limiting requirements of the Hamilton
County Air Pollution Control Regulations, rule 13, contained as part of
the Tennessee implementation plan shall comply with the compliance
schedule in paragraph (e)(9) of this section.
    (11) Except as provided in paragraph (e)(16) of this section, the
owner or operator of any boiler or furnace of more than 250 million Btu
per hour heat input subject to the sulfur dioxide emission limiting
requirements of the Hamilton County Air Pollution Control Regulations,
rule 13, contained as part of the Tennessee implementation plan shall
notify the Administrator, no later than October 1, 1973, of his intent
to utilize either low-sulfur fuel or stack gas desulfurization to meet
these requirements.
    (12) Any owner or operator of a fuel burning facility subject to
paragraph (e)(11) of this section who elects to utilize low-sulfur fuel
shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of
the amount of fuel, by types, that will be
[[Page 517]]
substantially adequate to enable compliance with the applicable
regulation on July 1, 1974, and for at least one year thereafter.
    (ii) December 1, 1973--Sign contracts with fuel suppliers for fuel
requirements as projected above.
    (iii) January 1, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
    (iv) February 1, 1974--Let contracts for necessary boiler
modifications, if applicable.
    (v) February 15, 1974--Initiate onsite modifications, if applicable.
    (vi) June 15, 1974--Complete onsite modifications, if applicable.
    (vii) July 1, 1974--Achieve compliance with the requirements of
Hamilton County Air Pollution Control Regulations, rule 13, and certify
such compliance to the Administrator.
    (13) Any owner or operator of a fuel burning facility subject to
paragraph (e)(11) of this section who elects to utilize stack gas
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be taken by the
source to achieve compliance with the applicable regulations.
    (ii) December 1, 1973--Negotiate and sign all necessary contracts
for emission control systems or process modifications, or issue orders
for the purchase of component parts to accomplish emission control or
process modification.
    (iii) December 15, 1973--Initiate onsite construction or
installation of emission control equipment or process modification.
    (iv) June 15, 1974--Complete onsite construction or installation of
emission control equipment or process modification.
    (v) July 1, 1974--Achieve compliance with the applicable
regulations, and certify such compliance to the Administrator.
    (14) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
the final compliance date in the applicable regulation. Ten days prior
to such a test, notice must be given to the Administrator to afford him
the opportunity to have an observer present.
    (15) 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.
    (16)(i) None of the above paragraphs shall apply to a source which
is presently in compliance with applicable regulations and which has
certified such compliance to the Administrator by October 1, 1973. The
Administrator may request whatever supporting information he considers
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by
the Administrator shall satisfy the requirements of this paragraph for
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this
paragraph may submit to the Administrator no later than October 1, 1973,
a proposed alternative compliance schedule. No such compliance schedule
may provide for final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
    (17) No compliance schedule in this paragraph shall excuse a source
from complying with an interim emission limitation that is applicable to
such source.
    (18) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of a compliance schedule in this paragraph fails to satisfy the
requirements of Secs. 51.261 and 51.262(a) of this chapter.
    (f) The compliance schedules for the sources identified below are
approved as meeting the requirements of Subpart N and Sec. 51.6 of this
chapter. All regulations cited are air pollution control regulations of
the State or those of a local air pollution control agency as noted.
[[Page 518]]
                                                                        Tennessee
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aluminum Co. of America, State       Alcoa.................  CH.V-2(b), CH. VII-2..  Oct. 9, 1973.........  Immediately..........  Aug. 9, 1974.
 order No. 79-00073.
American Enka, State order No. 64-
 00073:
    (a) Boilers 1, 2, 3............  Morristown............  CH. V-2(b), CH.VI-2(a)  ......do.............  ......do.............  July 1, 1975.
    (b) Boilers 4, 5, 6............  ......do..............  CH. VI-2(b), CH. VI-    ......do.............  ......do.............  Dec. 30, 1974.
                                                              2(a).
    (c) Boiler 9...................  ......do..............  CH. V-2(b), CH. VI-     ......do.............  ......do.............  June 30, 1974.
                                                              2(a).
Athens Plow Co., State order No. 4-  Athens................  CH. V-2(b), CH. VII-    Mar. 20, 1973........  ......do.............  Aug. 9, 1974.
 00073.                                                       9(b).
Athens Stove Works, State order No.  ......do..............  CH. V-2(b), CH. VII-    June 19, 1973........  ......do.............  July 2, 1974.
 55-0073.                                                     9(b).
Beaunit Fibers, State order No. 56-
 0073:
    (a) Stacks 1 and 2.............  Elizabethton..........  CH. V-2(a)............  ......do.............  ......do.............  Mar. 30, 1975.
    (b) Stack 3....................  ......do..............  CH. VI-2(a), CH. V-     ......do.............  ......do.............  Nov. 30, 1974.
                                                              2(a).
Bedford Lumber Co.:
    State order No. 87-00073.......  Shelbyville...........  CH. V-2(b), CH. VI-     Oct. 9, 1973.........  ......do.............  Mar. 1, 1974.
                                                              2(a)(2).
    State order No. 88-00073.......  ......do..............  CH. V-2(b), CH. VI-     ......do.............  ......do.............  Oct. 9, 1974.
                                                              2(a)(2).
Bristol Foundry & Machine Co.,       Bristol...............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Nov. 9, 1973.
 State order No. 71-00073.                                    9(b).
Bruce Flooring State order No. 72-   Jackson...............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Aug. 9, 1974.
 00073.
Burroughs-Ross-Colville Co.:
  State order No. 65-00073: (a)      McMinnville...........  CH. V-2(b), CH. VI-     ......do.............  ......do.............      Do.
   Boiler 1.                                                  2(a)2.
  State order No. 66-00073:
    (a) Collectors C-1, C-3........  ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............      Do.
                                                              2(a).
    (b) Collector C-7..............  ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Oct. 1, 1973.
                                                              2(a).
Celotex Corp., State Order No. 61-
 0073:
    (a) Collectors A-1-2, B-3, B-4,  Paris.................  CH. V-2(b), CH. VII-    June 19, 1973........  ......do.............  May 1, 1974.
     and E-22.                                                2(a).
    (b) Collectors D-12, D-13, and   ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Apr. 1, 1974.
     D-14.                                                    2(a).
    (c) Collectors C-0, C-10, and C- ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Oct. 30, 1973.
     11.                                                      2(a).
Clarksville Foundry & Machine Works  Clarksville...........  CH. V-2(b), CH. VII-    Oct. 9, 1973.........  ......do.............  Jan. 30, 1974.
 State order No. 73-00073.                                    9(b).
Dover Corp., State order No. 74-     Middleton.............  CH.V-2(b), CH. VI-2(d)  ......do.............  ......do.............  July 9, 1974.
 00073.
Farrar Construction, State order     McMinnville...........  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Oct. 9, 1973.
 No. 75-00073.                                                9(g).
Harris Manufacturing Co., State      Johnson City..........  CH.V-2(b), CH. VII-     June 19, 1973........  ......do.............  June 1, 1974.
 order No. 62-0073.                                           2(a).
Holston Army Ammunition Plant,       Kingsport.............  CH.V-2(b), CH. VI-2(a)  Oct. 9, 1973.........  ......do.............  July 1, 1975.
 State order No. 67-00073.
Kingsport Foundry & Manufacturing    ......do..............  CH.V-2(b), CH. VII-     June 19, 1973........  ......do.............  Feb. 28, 1974.
 Corp., State order No. 57-0073.                              9(b).
Koh-i-noor Radiograph, Inc., State   Lewisburg.............  CH.V-2(b), CH. VII-     ......do.............  ......do.............  Mar. 29, 1974.
 order No. 58-0073.                                           2(a).
Lenoir Car Works, State order No.    Lenoir City...........  CH. V-2(b), CH. VII-2.  Oct. 9, 1973.........  ......do.............  Dec. 9, 1973.
 76-00073.
Marquette Cement Manufacturing Co.,  Cowan.................  CH. V-2(b), CH. VII-2.  Mar. 20, 1973........  ......do.............  Aug. 9, 1974.
 State order No. 5-0073.
Mead Corp., State order No. 59-0073  Kingsport.............  CH. V-2(b), CH. VI-     June 19, 1973........  ......do.............  July 1, 1975.
                                                              2(a)(1).
[[Page 519]]
Monsanto Co., State order No. 6-
 0073:
    (a) Source 4...................  Columbia..............  CH. V-2, CH. VII-2....  Mar. 20, 1973........  ......do.............  Mar. 9, 1974.
    (b) Source 5...................  ......do..............  CH. V-2, CH. VII-2....  ......do.............  ......do.............  Dec. 9, 1973.
Royal Oak Charcoal Co.:
  State order No. 77-00073.........  Jamestown.............  CH.V-2(b), CH. VII-2..  Oct. 9, 1973.........  ......do.............  July 31, 1974.
  State order No. 78-00073.........  ......do..............  CH. V-2(b), CH.VII-2..  ......do.............  ......do.............  Mar. 1, 1974.
Stokely-Van Camp, Inc., State order  Tellico Plains........  CH.V-2(b), CH. VI-      June 19, 1973........  ......do.............  Jan. 30, 1974.
 No. 63-0073.                                                 2(a)(2).
Tennessee Asphalt Co., State order   LaFollette............  CH.V-2(b), CH. VII-     Oct. 9, 1973.........  ......do.............  Dec. 30, 1973.
 No. 79-00073.                                                9(g).
Tennessee Eastman Co.:
  State order No. 80-00073.........  Kingsport.............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  June 1, 1974.
  State order No. 81-00073.........  ......do..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Aug. 9, 1974.
  State order No. 82-00073.........  ......do..............  CH.V-2(b), CH. VII-2..  ......do.............  ......do.............  Nov. 1, 1974.
  State order No. 83-00073.........  ......do..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  July 1, 1975.
  State order No. 84-00073:
    (a) Units 18-22................  ......do..............  CH. V-2(b), CH.VI-      ......do.............  ......do.............  Mar. 1, 1974.
                                                              2(a)(1).
    (b) Units 11-17................  ......do..............  CH. VI-2(b), CH. VI-    ......do.............  ......do.............  June 1, 1975.
                                                              2(a)(1).
Tennessee Forging Steel Co., State   Harriman..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Oct. 30, 1973.
 order No. 85-00073.
Tennessee Metallurgical, State
 order No. 89-00073:
    (a) Furnace No. 2..............  Kimball...............  CH.V-2(b), CH. VII-2..  ......do.............  ......do.............  Mar. 1, 1974.
    (b) Furnace No. 1..............  ......do..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Jan. 15, 1974.
Union Carbide Corp., State order     Columbia..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Aug. 9, 1974.
 No. 86-00073.
United States Stove Co., State       South Pittsburg.......  CH.V-2(b).............  Mar. 20, 1973........  ......do.............  Feb. 9, 1974.
 order No. 3-0073.
Aluminum Co. of America, sources 22  Alcoa.................  Ch. V, sec. II.B......  Nov. 28, 1973........  ......do.............  July 9, 1974.
 and 23 (carbon anode baking).
Berkline Corp., plant No. 1,         Morristown............  Ch. V. sec. II. B; ch.  ......do.............  ......do.............  June 9, 1974.
 collector No. 6.                                             VII, sec. II.
E. I. du Pont: 4 steam boilers,      New Johnsonville......  Ch. V, sec. II. B; ch.  Feb. 6, 1974.........  ......do.............  June 30, 1975.
 particulate emissions, SO<INF>2</INF>                                   V, sec. II.A(2).
 emissions.
Industrial Products Co., Inc.:       Mt. Pleasant..........  Ch. V, sec. II.B; ch.   Nov. 28, 1973........  ......do.............  Jan. 1, 1974.
 Control equipment.                                           VII, sec. II.
Interstate Foundry & Machine Co.:    Johnson City..........  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  Feb. 9, 1974.
 Cupola.                                                      VII, sec. IX.B.
Laminite Plastics Corp.: Moldow      Morristown............  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  Apr. 30, 1974.
 system (phase I only).                                       VII, sec. II.
Lea Industries:
  Plant No. 4; process emissions...  ......do..............  ......do..............  ......do.............  ......do.............  Jan. 1, 1974.
  Plant No. 5; process emissions...  ......do..............  ......do..............  ......do.............  ......do.............  Aug. 9, 1974.
  Plant No. 6; process emissions...  ......do..............  ......do..............  ......do.............  ......do.............      Do.
  Plant No. 6, boiler..............  ......do..............  Ch. V.................  ......do.............  ......do.............  Feb. 1, 1974.
Lewisburg Casting Co., Inc.: Cupola  Lewisburg.............  ......do..............  Nov. 28, 1979........  ......do.............  June 9, 1974.
A. B. Long Quarries, Inc.:           Harriman..............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Mar. 30, 1974.
 Limestone quarry and crusher.                                VII, sec. II: ch.
                                                              VIII.
Monsanto Industrial Chemical Co....  Columbia..............  Ch. VII...............  Feb. 6, 1973.........  ......do.............  July 1, 1975.
[[Page 520]]
Plough, Inc.: Boiler...............  Shelbyville...........  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  May 30, 1974.
                                                              VI, sec. II.A(2).
Powermatic-Houdaille, Inc.: Two No.  McMinnville...........  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Aug. 9, 1974.
 5 cupolas.                                                   VII, sec. II.
Royal Oak Charcoal Co.: Kilns 1, 2,  Cookeville............  ......do..............  ......do.............  ......do.............      Do.
 3, 4, 5.
Don P. Smith Chair Co.: Drying kiln  Loudin................  ......do..............  ......do.............  ......do.............  June 30, 1974.
Temple Industries: Conical burner..  Savannah..............  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  Apr. 30, 1974.
                                                              VI, sec. II.D.
Tennlite, Inc.: Two rotary kilns...  Green Brier...........  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  July 30, 1974.
                                                              VII, sec. II.
Tenn. Asphalt Co. & Road Builders,   Cumberland City.......  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Dec. 17, 1974.
 Inc.: Asphalt batching plant.                                VII, secs. II and IX,
                                                              G; ch. VIII.
Vulcan Materials Co.: Rock quarry..  Emory Gap.............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Mar. 31, 1974.
                                                              VII, sec. II; ch.
                                                              VIII.
    Do.............................  Savannah..............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  June 21, 1974.
                                                              VII, sec. II; ch.
                                                              VIII.
    Do.............................  Parsons...............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Feb. 18, 1974.
                                                              VII, sec. II; ch.
                                                              VIII.
Cities Service (41-0073)...........  Copperhill............  Ch. VII, sec. 8.......  June 19, 1973........  ......do.............  July 1, 1975.
Cities Service (42-0073)...........  ......do..............  Ch. VII, sec. 8.......  ......do.............  ......do.............      Do.
Penn Dixie Cement..................  Kingsport.............  Ch. VII, sec. 2.......  Oct. 9, 1973.........  ......do.............      Do.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Tennessee
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chattanooga Public Schools:
  (a) Elbert Long School...........  Chattanooga...........  Sec. 9(8).............  Feb. 8, 1973.........  Immediately..........  July 1, 1974.
  (b) Charles A. Bell School.......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
  (c) G. Russel Brown School.......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
  (d) Calvin Donaldwon School......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
  (e) East Chattanooga School......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
  (f) Highland Park School.........  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
  (g) Normal Park School...........  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
  (h) Piney Woods School...........  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
  (i) Ridgedale School.............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
  (j) Frank H. Trotter School......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
  (k) Woodmore School..............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
  (l) Rivermont School.............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
  (m) St. Elmo School..............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.
E.I. du Pont de Nemours & Co.:
  (a) Nylon 66 evaporator Nos. 1-5.  ......do..............  Sec. 9................  ......do.............  ......do.............      Do.
  (b) Nylon auto clave Nos. 1-17...  ......do..............  Sec. 9................  ......do.............  ......do.............      Do.
  (c) Continuous polymerization      ......do..............  Sec. 9................  ......do.............  ......do.............      Do.
   lines I-III.
  (d) Continuous polymerization      ......do..............  Sec. 9................  ......do.............  ......do.............  Sept. 1, 1973.
   line IV.
  (e) Lindburg furnace type 364830-  ......do..............  Sec. 9................  ......do.............  ......do.............  Aug. 1, 1973.
   E12-S.
  (f) Lindburg furnace type 243624-  ......do..............  Sec. 9................  ......do.............  ......do.............  Feb. 1, 1974.
   E12-S.
  (g) Trent furnace model 862640A..  ......do..............  Sec. 9................  ......do.............  ......do.............  Mar. 1, 1974.
  (h) Lindburg furnace type 364830-  ......do..............  Sec. 9................  ......do.............  ......do.............  Apr. 1, 1974.
   E12-S.
  (i) Riley boiler.................  ......do..............  Sec. 9................  ......do.............  ......do.............  July 1, 1974.
  (j) B & W boiler.................  ......do..............  Sec. 9................  ......do.............  ......do.............      Do.
[[Page 521]]
General Tire Service...............  ......do..............  Sec. 9................  ......do.............  ......do.............  Jan. 31, 1974.
Randolph Manufacturing Co., Inc....  ......do..............  Sec. 9................  ......do.............  ......do.............      Do.
Southern Foundry Supply, Inc.......  ......do..............  Sec. 9................  ......do.............  ......do.............  Mar. 31, 1973.
Tennessee Awning & Tent Co.........  ......do..............  Sec. 9................  Feb. 9, 1973.........  ......do.............  June 1, 1973.
United States Pipe & Foundry Co....  ......do..............  Sec. 9................  Feb. 8, 1973.........  ......do.............  Nov. 1, 1973.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Tennessee
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Desoto Hardwood Flooring Co.: Phase  Chattanooga...........  Sec. 9................  Apr. 5, 1973.........  Immediately..........  May 1, 1974.
 1.
Wabash, Inc.: Phase 1..............  ......do..............  Secs. 3-17, 3-20......  ......do.............  ......do.............  Apr. 1, 1974.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Tennessee
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bruce Flooring.....................  Nashville.............  Sec. 4-1-9............  Feb. 7, 1973.........  Immediately..........  Dec. 31, 1973.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[38 FR 16169, June 20, 1973, as amended at 38 FR 22748, Aug. 23, 1973;
38 FR 24341, 24342, Sept. 7, 1973; 40 FR 3445, Jan. 22, 1975; 40 FR
3570, Jan. 23, 1975; 42 FR 10995, Feb. 25, 1977; 51 FR 40676, 40677,
Nov. 7, 1986; 52 FR 24367, June 30, 1987; 54 FR 25258, June 14, 1989]
Sec. 52.2224  Legal authority.
    (a) The requirements of Sec. 51.230(c) of this chapter are not met
since the plan does not provide the legal authority for controlling
motor vehicles during air pollution emergency episodes.
    (b) 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.
    (c)(1) The requirements of Sec. 51.230(b) of this chapter are not
met since the definition of person set forth in the Tennessee Air
Quality Act and in the State implementation plan does not include
facilities owned or operated by the State. Therefore, section 53-3409(f)
of the Tennessee Code Annotated and section 30 of Chapter II of the
Tennessee Air Pollution Control Regulations are disapproved.
    (2) Definition of person. For the purposes of the plan, person shall
mean any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, State-
owned or operated facility, State agency, political subdivision, or any
other legal entity, or their legal representatives, agents, or assigns.
    (d) The requirements of Sec. 51.230(b) of this chapter are not met
since the State lacks legal authority, as a result of the enactment of
House Bill 1490 by the 1974 Tennessee legislature, to control emissions
from the quarrying and processing of agricultural limestone. Therefore,
section 53-3424 of the Tennessee Code Annotated is disapproved.
    (e) The requirements of Sec. 51.230(b) of this chapter are not met
since the State lacks legal authority, as a result of the enactment of
House Bill 1845 by the 1974 Tennessee legislature, to control emissions
from air contaminant sources which use woodwaste only as fuel.
Therefore, the last sentence of
[[Page 522]]
section 53-3422 of the Tennessee Code Annotated is disapproved.
[37 FR 10894, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2224, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.2225  VOC rule deficiency correction.
    (a) Revisions to sections 7-3, 7-13, and 7-24 of the Tennessee
regulations are approved. These amendments are in response to the Clean
Air Act section 182(a)(2)(A) requirement to submit RACT rules correcting
deficiencies in the existing SIP in accordance with EPA's pre-amendment
guidance. These deficiencies were first noted in a letter from Greer
Tidwell, the EPA Region IV Administrator, to Governor McWherter on May
26, 1988, and clarified in a letter dated June 10, 1988, from Winston
Smith, EPA Region IV Air Division Director, to Paul Bontrager, Director
of the Air Pollution Control Division of the Metropolitan Health
Department for Nashville/Davidson County, and were further identified in
EPA guidance including the Blue Book and the proposed Post-87 policy.
The following deficiency in the Tennessee Regulations, however, has not
been corrected.
    (1) Section 7-25, ``Recordkeeping and Reporting Requirements''
Nashville/Davidson County committed in a letter dated May 7, 1991, to
include a separate provision that requires records to be maintained for
at least two years. This additional provision, which is scheduled for a
July 15, 1992, public hearing, will be submitted to EPA shortly after
that date and will be acted upon separately.
    (2) In Section 7-3, Petition for Alternative Controls, the words
``as applied'' should be added to the term ``VOC/gallon solids'' as a
clarification.
    (3) The term ``vapor-tight'' should be defined in section 7-13.
    (4) ``Once-in/always-in'' is missing from the applicability section
of the individual rules.
    (5) Section 7-25, ``Recordkeeping and Reporting Requirements''
should be revised to include additional requirements that would contain:
units of compliance consistent with the performance requirements;
applicable time periods for data entries; and a clear, separate
provision that requires records to be kept.
    (b)-(c)  [Reserved]
[56 FR 10173, Mar. 11, 1991, as amended at 57 FR 28626, June 26, 1992;
59 FR 18317, Apr. 18, 1994; 60 FR 10508, Feb. 27, 1995; 61 FR 37390,
July 18, 1996]
Sec. 52.2226  Extensions.
    The Administrator hereby extends for 18 months (until July 1, 1980)
the statutory deadline for submittal of a plan to attain the secondary
SO<INF>2</INF> standard in Copperhill.
    (a) [Reserved]
    (b) The Administrator hereby extends for 18 months (until July 1,
1980) the statutory timetable for submittal of Tennessee's plans to
attain and maintain the secondary ambient standard for particulate
matter in the Chattanooga, Columbia, Kingsport, Memphis, and Nashville
nonattainment areas (40 CFR 81.343).
[45 FR 2034, Jan. 10, 1980, as amended at 45 FR 8008, Feb. 6, 1980]
Sec. 52.2227  Prevention of air pollution emergency episodes.
    (a) The requirements of Sec. 51.152(a) of this chapter are not met
since the plan does not provide for the enforcement of emission control
actions for mobile sources during air pollution emergency episodes.
[37 FR 10895, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.2228  Review of new sources and modifications.
    (a) Part D--Conditional approval. The Nashville-Davidson County
regulation for the review of new sources and modifications in
nonattainment areas is approved on condition that the State by October
31, 1984, submit a revision limiting source shutdown credit for offsets
to replacement units, and, in the interim, assure implementation of the
regulation in conformity with Federal requirements.
    (b) Section 123--Conditional approval. The plan's provision for
implementation of the requirements of section 123 of the Clean Air Act
in Nashville-Davidson County is approved on condition
[[Page 523]]
that the State by October 31, 1984, submit:
    (1) Definitions in the local regulation of nearby and excessive
concentration and
    (2) Provision in the local regulation for public notification and
opportunity for hearing in cases where stack heights in excess of normal
good engineering practice are proposed on the basis of fluid modeling
demonstrations, and, in the interim, assure implementation of the local
regulation in conformity with Federal requirements.
    (c) The State of Tennessee proposed to delete section 1200-3-18-.03
``Standard for New Sources'' from the Tennessee State Implementation
Plan (SIP) and the Memphis-Shelby County portion of the Tennessee SIP.
EPA is disapproving the deletion of this rule for the Tennessee SIP
because Tennessee does not have federally approved New Source Review
(NSR) regulations which apply to some of the sources in this chapter.
EPA is approving the deletion of this rule for the Memphis submittal
because the federally approved TN NSR applies to the Memphis-Shelby
County area.
    (d) The State of Tennessee proposed to delete rule 1200-3-18-.03
``Standard for New Sources'' from the Tennessee State Implementation
Plan (SIP). In paragraph (e) of this section, EPA disapproved the
deletion of this rule because Tennessee did not have federally approved
New Source Review (NSR) regulations that applied to some of the sources
in this chapter. EPA is hereby approving the deletion of section 1200-3-
18-.03 of the Tennessee SIP, and is deleting EPA's earlier disapproval
in paragraph (e) of this section.
[39 FR 7284, Feb. 25, 1974, as amended at 48 FR 50080, Oct. 31, 1983; 50
FR 32413, Aug. 12, 1985; 51 FR 40677, Nov. 7, 1986; 59 FR 18317, Apr.
18, 1994; 60 FR 7917, Feb. 10, 1995; 60 FR 33924, June 29, 1995]
Sec. 52.2229  Rules and regulations.
    (a) The following portions of the revised Memphis and Shelby County
regulations submitted on July 7, 1986, are disapproved because they are
inconsistent with EPA policy and requirements:
16-77, Rules 1200-3-9-.01(3); 1200-3-9-.01(4)(o)(2)
    (b) Knox County Regulation 25.2.B, submitted July 7, 1986, is
disapproved because it is inconsistent with EPA policy and requirements.
[54 FR 25458, June 15, 1989, as amended at 54 FR 31954, Aug. 3, 1989]
Sec. 52.2230  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 Tennessee's plan.
----------------------------------------------------------------------------------------------------------------
                                                                      Pollutant
                                    ----------------------------------------------------------------------------
     Air quality control region       Particulate matter       Sulfur oxides
                                    --------------------------------------------  Nitrogen    Carbon     Ozone
                                      Primary   Secondary   Primary   Secondary   dioxide    monoxide
----------------------------------------------------------------------------------------------------------------
Eastern Tennessee-Southwestern
 Virginia Interstate:
  a. Sullivan County: Bristol and            d          d          c          c          b          b          d
   Kingsport nonattainment areas
   \1\.............................
  b. Campbell County nonattainment           d          d          c          c          b          b          b
   areas \1\.......................
  c. Anderson/Knox County                    c          d          c          c          b          b          b
   nonattainment area \1\..........
  d. Copperhill nonattainment area           c          c          d          f          b          b          b
   \1\.............................
  e. Knox County nonattainment area          c          c          c          c          b          d          d
   \1\.............................
  f. Bradley County nonattainment            c          c          c          c          b          b          d
   area \1\........................
  g. Roane County nonattainment              c          c          c          c          b          b          d
   area............................
  h. Rest of AQCR..................          c          c          c          c          b          b          b
Tennessee River Valley-Cumberland            c          c          c          c          b          b          b
 Mountains Intrastate..............
Middle Tennessee Intrastate:
  a. Benton/Humphreys County                 c          c          d          d          b          b          c
   nonattainment areas \1\.........
[[Page 524]]
  b. Davidson County nonattainment           d          d          c          c          b          e          d
   area \1\........................
  c. Maury County nonattainment              c          c          b          b          b          b          d
   area \1\........................
  d. Rest of AQCR..................          c          c          b          b          b          b          c
Western Tennessee Intrastate:
  a. Benton/Humphreys County                 c          c          d          d          b          b          b
   nonattainment area \1\..........
  b. Rest of AQCR..................          c          c          b          b          b          b          b
Chattanooga Interstate:
  a. Hamilton County nonattainment           c          c          b          b          b          b          d
   area \1\........................
  b. Rest of AQCR..................          c          c          b          b          b          b          b
Metropolitan Memphis:
  a. Shelby County nonattainment             c          c          b          b          b          e          d
   area \1\........................
  b. Rest of AQCR..................          c          c          b          b          b          b          c
----------------------------------------------------------------------------------------------------------------
\1\ For more precise delineation, see Sec.  81.343 of this chapter.
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. July 1975.
d. December 31, 1982.
e. December 31, 1987.
f. 18-month extension granted.
[45 FR 53818, Aug. 13, 1980, as amended at 45 FR 75661, Nov. 17, 1980;
49 FR 1343, Jan. 11, 1984]
Sec. 52.2231  Control strategy: Sulfur oxides and particulate matter.
    (a) Part D conditional approval. The Chattanooga primary TSP plan's
provisions for review of new sources and modifications in the
nonattainment area are approved on condition that the State submit by
December 31, 1987, a definition of the term Federally enforceable and
provisions for making Federally enforceable all limitations, conditions,
and offsets, including permit restrictions, relied upon under the plan,
and in the interim, implement these provisions in a manner consistent
with EPA requirements.
    (b) In letters dated March 9 and April 15, 1988, the Tennessee
Department of Health and Environment 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: Dupont
(43-07-02); Tennessee Valley Authority--Johnsonville (43-11-1 thru 10);
Tennessee Chemical Company (70-04-21); Tennessee Eastman (82-03-15-19);
A.E. Staley (53-81-18, 19, 34, 31); Cargill Inc., Memphis; and Grace
Chemical Company, Millington.
[52 FR 15498, Apr. 29, 1987, as amended at 54 FR 25454, June 15, 1989]
Sec. 52.2232  [Reserved]
Sec. 52.2233  Significant deterioration of air quality.
    (a)(1) Paragraph 1200-3-9-.01(4)-(0)-2. of Tennessee's regulations
is disapproved because it does not require that the consent of the
Governor(s) of affected states be obtained when innovative technology
waivers are granted. EPA retains permitting authority for sources
requesting innovative technology waivers which would significantly
impact air quality in adjacent states.
    (2) Tennessee's definition of stationary source specifically
excludes the activities of any Vessel. This exclusion is not currently
approvable and EPA is deferring action on it pending final rulemaking on
the issue. EPA retains authority for permits which involve vessel
emissions where a source is not willing to include all vessel emissions
in the definition of source.
    (b) The requirements of 52.21 (b) through (w) are hereby
incorporated by
[[Page 525]]
reference and made part of the applicable SIP for the State of Tennessee
for the following purposes:
    (1) Permitting of sources requesting innovative technology waivers
which would significantly impact air quality in adjacent states.
    (2) Permitting of sources involving vessel emissions where the
source is unwilling to include all vessel emissions in the definition of
source.
    (c) (1) 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 Tennessee shall be submitted to the Division of Air Pollution
Control, Tennessee Department of Public Health, 256 Capitol Hill
Building, Nashville, Tennessee 37219.
[42 FR 36456, July 15, 1977, and 43 FR 26410, June 19, 1978, as amended
at 50 FR 7779, Feb. 26, 1985]
Sec. 52.2234  Visibility protection.
    (a) The requirements of section 169A of the Clean Air Act are not
met because the plan does not include approvable procedures meeting the
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in
mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The
provisions of Secs. 52.26, 52.27, and 52.28 are hereby incorporated and
made part of the applicable plan for the State of Tennessee.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Tennessee.
[51 FR 5505, Feb. 13, 1986, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.2235  Control strategy: Ozone.
    (a) Determination--EPA is determining that, as of August 8, 1995,
the Nashville 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 Nashville ozone
nonattainment area, these determinations shall no longer apply.
    (b) Nonregulatory provisions for the implementation of a basic I/M
program in Rutherford, Sumner, Williamson, and Wilson Counties,
submitted on July 13, 1994, were approved by EPA on September 26, 1995.
[60 FR 40292, Aug. 8, 1995, as amended at 60 FR 47290, Sept. 12, 1995]
Sec. 52.2236  Control strategy; lead.
    The Tennessee Department of Environment and Conservation has
submitted revisions to the Tennessee SIP on October 6, 1994. These
revisions address the requirements necessary to change an lead
nonattainment area to attainment. The maintenance plan for the Fayette
County area near Rossville, Tennessee is comprised of a maintenance
demonstration and NSR/PSD program. For areas where the only lead source
has shut down, these components are sufficient for an approvable
maintenance plan. The State's maintenance plan is complete and satisfies
all of the requirements of section 175(A) of the CAA.
[60 FR 43020, Aug. 18, 1995]
Sec. 52.2237  NO<INF>X</INF> RACT and NO<INF>X</INF> conformity
          exemption.
    Approval. EPA is approving the section 182(f) oxides of nitrogen
(NO<INF>X</INF>) reasonably available control technology (RACT) and
NO<INF>X</INF> conformity exemption request submitted by the Tennessee
Department of Environment and Conservation on March 21, 1995, for the
five county middle Tennessee (Nashville) ozone moderate nonattainment
area. This approval exempts the area from implementing federal
NO<INF>X</INF> RACT on major sources of NO<INF>X</INF> and exempts
Tennessee from NO<INF>X</INF> conformity. This approval does not exempt
sources from any State required or State Implementation Plan (SIP)
approved NO<INF>X</INF> controls. If a violation of the ozone NAAQS
occurs in the area, the exemption from the requirement of section 182(f)
of the CAA in the applicable area shall not apply.
[61 FR 54946, Oct. 23, 1996]
[[Page 526]]
Sec. 52.2239  Original Identification of plan section.
    (a) This section identifies the original ``Tennessee Air Pollution
Control Implementation Plan'' and all revisions submitted by Tennessee
that were federally approved prior to December 1, 1998.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Certification of public hearing submitted on February 3, 1972,
by the Division of Air Pollution Control of the Tennessee Department of
Public Health.
    (2) Miscellaneous corrections to emission inventories submitted on
February 10, 1972, by the Division of Air Pollution Control of the
Tennessee Department of Public Health.
    (3) Statements of intent for intergovernmental cooperation submitted
on April 13, 1972, by the Division of Air Pollution Control of the
Tennessee Department of Public Health.
    (4) City of Memphis Air Pollution Control Code submitted on April
27, 1972, by the Division of Air Pollution Control of the Tennessee
Department of Public Health and the Memphis and Shelby County Health
Department.
    (5) Minor addition to the Tennessee Code, Section 53-3422, submitted
on May 3, 1972, by the Division of Air Pollution Control of the
Tennessee Department of Public Health.
    (6) Clarifying comments on the plan submitted on May 8, 1972, by the
Division of Air Pollution Control of the Tennessee Department of Public
Health.
    (7) Statement of public availability of emission data submitted on
May 12, 1972, by the Division of Air Pollution Control of the Tennessee
Department of Public Health.
    (8) Miscellaneous changes to Chapters II, III, VII, IX and XII of
the plan; regulations of Memphis-Shelby County and Knoxville-Knox County
and resolutions concerning local programs of Davidson, Hamilton and
Shelby Counties submitted on August 17, 1972, by the Governor.
    (9) Revised emission limits for asphalt plants, cotton gins and
Kraft mills and establishment of new source performance standards
submitted on February 16, 1973, by the Tennessee Department of Public
Health.
    (10) Compliance schedules submitted on March 23, 1973, by the
Division of Air Pollution Control of the Tennessee Department of Public
Health.
    (11) Compliance schedules submitted on April 16, 1973, by the
Division of Air Pollution Control of the Tennessee Department of Public
Health.
    (12) Certification of public hearing on February 16, 1973,
submission submitted on April 30, 1973, by the Division of Air Pollution
Control of the Tennessee Department of Public Health.
    (13) Compliance schedules submitted on May 15, 1973, by the Division
of Air Pollution Control of the Tennessee Department of Public Health.
    (14) Clarifying comments on the February 16, 1973, submission
submitted on May 25, 1973, by the Division of Air Pollution Control of
the Tennessee Department of Public Health.
    (15) Miscellaneous changes to Chapters II through IV and VI through
XIII of the plan, miscellaneous non-regulatory additions, certification
of public hearing and compliance schedules submitted on June 8, 1973, by
the Division of Air Pollution Control of the Tennessee Department of
Public Health.
    (16) Categorical compliance schedule regulation for SO<INF>2</INF>
submitted on June 27, 1973, by the Division of Air Pollution Control of
the Tennessee Department of Public Health.
    (17) Compliance schedules submitted on July 3, 1973, by the Division
of Air Pollution Control of the Tennessee Department of Public Health.
    (18) Hamilton County Air Pollution Control Regulations and
miscellaneous non-regulatory additions to the plan submitted on July 18,
1973, by the Division of Air Pollution Control of the Tennessee
Department of Public Health and the Chattanooga-Hamilton County Air
Pollution Control Bureau.
    (19) Compliance schedules submitted on July 20, 1973, by the
Division of Air Pollution Control of the Tennessee Department of Public
Health.
    (20) Chapter IV of the Metropolitan Code for the Metropolitan
Government
[[Page 527]]
of Nashville and Davidson County submitted on August 13, 1973, by the
Division of Air Pollution Control of the Tennessee Department of Public
Health and the Metropolitan Health Department of Nashville and Davidson
County.
    (21) Revisions to Chapters II, VI, VII, IX, and XIV of the plan
concerning SO<INF>2</INF> emissions submitted on October 12, 1973, by
the Division of Air Pollution Control of the Tennessee Department of
Public Health.
    (22) Compliance schedules submitted on October 15, 1973, by the
Division of Air Pollution Control of the Tennessee Department of Public
Health.
    (23) Compliance schedules submitted on October 16, 1973, by the
Division of Air Pollution Control of the Tennessee Department of Public
Health.
    (24) Compliance schedules submitted on December 26, 1973, by the
Division of Air Pollution Control of the Tennessee Department of Public
Health.
    (25) Addition to Subparagraph F, Section I, Chapter XIV submitted on
January 17, 1974, by the Division of Air Pollution Control of the
Tennessee Department of Public Health.
    (26) Compliance schedules submitted on February 20, 1974, by the
Division of Air Pollution Control of the Tennessee Department of Public
Health.
    (27) Revised emission limits for combustion and process sources of
sulfur dioxide, submitted on April 30, 1976, by the Division of Air
Pollution Control of the Tennessee Department of Public Health. (The
provision for an alternative basis for regulating process sources in
Shelby County is given conditional approval; any exercise of this
provision must be made the subject of a plan revision.)
    (28) Regulations providing for continuous monitoring by existing
sources, submitted on May 22, 1977, by the Division of Air Pollution
Control of the Tennessee Department of Public Health for the
Metropolitan Health Department of Nashville and Davidson County.
    (29) Regulations providing for continous monitoring of existing
sources, control of vinyl chloride emissions, review of new sources in
nonattainment areas, control of emissions from wood-fired boilers,
change in diffusion equation limiting particulate emissions, conflict of
interest rules and miscellaneous other changes, submitted on May 3 and
June 22, 1978, by the Tennessee Department of Public Health, Division of
Air Pollution Control.
    (30) 1979 implementation plan revisions for nonattainment areas,
submitted on February 13 and April 12 and 27, 1979, by the Tennessee
Division of Air Pollution Control (Bristol, Lafollettee, Jacksboro,
Sumner Co., Anderson/Knox Counties, Copperhill, Johnsonville area,
Shelby Co., and Knox Co.)
    (31) Requests for an 18-month extension of the statutory timetable
for submitting plans to attain and maintain the secondary ambient
standard for particulate matter in the Chattanooga, Columbia, Kingsport,
Memphis, and Nashville nonattainment areas, submitted on May 4, 9, and
17, and June 21 and 22, 1979, by the Tennessee Department of Public
Health.
    (32) Regulation 1200-3-9-.01-(4) for the review of new sources
adopted on March 21, 1979, with a State effective date of June 21, 1979,
and submitted on April 12, 1979, pursuant to the requirements of
Sec. 51.24 of this chapter (1978 edition) by the Tennessee Division of
Air Pollution Control.
    (33) 1979 implementation plans for the Nashville TSP and CO
nonattainment areas and Statewide ozone nonattainment areas, including
regulations Number 3, and Number 7 for Nashville-Davidson County adopted
on April 11, 1979 and March 14, 1979, which were submitted on May 15,
1979, and regulations 1200-3-18-01 through .47, adopted on March 14,
April 11, June 20 and 28, 1979, and May 1, 1980, and submitted on June
28, July 2, 1979, and May 8, 1980, by the Tennessee Department of Public
Health.
    (34) 1979 implementation plan revisions for the Kingsport TSP
nonattainment area, submitted on August 15, 1979, by the Tennessee
Department of Public Health.
    (35) Regulation 1200-3-14-.01, -.02, -.03 for control of sulfur
dioxide emissions, adopted on July 1, 1979, with a State effective date
of November 16, 1979, and submitted on June 29, 1979, by the Tennessee
Department of Public Health.
[[Page 528]]
    (36) [Reserved]
    (37) Transportation related commitments and schedules, submitted on
March 20 and December 17, 1980, by the Tennessee Division of Air
Pollution Control to correct deficiencies in the Memphis CO plan given
conditional approval on February 6, 1980.
    (38) Air quality surveillance plan submitted on April 23, 1980, by
the Tennessee Department of Public Health.
    (39) Set II VOC regulations, submitted on December 31, 1980, by the
Tennessee Department of Public Health.
    (40) Davidson County and Hamilton County implementation plans for
lead, submitted on August 19, 1981, by the Tennessee Department of
Public Health.
    (41) Revisions involving the following regulations--
Rule 1200-3-11-.02(2)(1)5.(ii): Asbestos;
Rule 1200-3-12-.04(2)(c): Large Existing Fuel Burning Installations;
Rule 1200-3-18-.02(1)(ii): Definitions: Volatile Organic Compounds;
Rule 1200-3-18-.04: Alternative Emission Standard; and
Rule 1200-3-18-.42(3): Individual Compliance Schedules--submitted on
September 30, 1981, by the Tennessee Department of Public Health.
    (42) Alternative VOC compliance schedule for Werthan Industries,
Inc., Nashville, submitted on October 9, 1981, by the Tennessee
Department of Public Health.
    (43) Revision to the Volatile Organic Compound (VOC) definition,
submitted on August 27, 1980, by the Tennessee Department of Public
Health.
    (44) Miscellaneous nonregulatory revisions submitted on October 25,
1979, March 20, 1980, May 5, 1980, August 15, 1980, and November 5,
1981, and miscellaneous regulatory revisions submitted on February 6,
1979 (change in Chapter 6), on June 13, 1979 (changes in Chapters 2, 4,
6, 7, and 8), on September 27, 1979 (change in Chapter 16), on October
15, 1979 (changes in Chapters 1, 2, 7, 11, 16, and 19), on November 23,
1979 (changes in Chapters 6, 9, 12, 16, 18, and 20), on February 19,
1980 (changes in Chapters 2 and 12), October 25, 1980 (changes in
Chapters 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, and 14), on August 26, 1981
(changes in Chapters 5, 9, 14, 15, 16, 18, and 19), on September 30,
1981 (change in Chapter 16), on December 9, 1981 (changes in Chapters 2,
16, 18, 19, and 20), and on January 22, 1982 (changes in Chapters 2, 5,
7, 8, 12, 16, 18, 19, and 21).
    (45)(i) Materials developed to meet conditions on the approval of
the 1979 revisions for the Nashville and Kingsport primary TSP
nonattainment areas, submitted on September 30, 1980, and December 17,
1980, respectively, by the Tennessee Department of Public Health.
Additional materials for Kingsport were submitted on August 27, 1981.
    (ii) 1979 revisions for the Copperhill secondary SO<INF>2</INF>
nonattainment area, submitted on August 15, 1980, by the Tennessee
Department of Public Health.
    (iii) 1979 revisions for the Kingsport secondary TSP nonattainment
area, submitted on May 8, 1980, by the Tennessee Department of Public
Health.
    (46) Miscellaneous changes in Chapters 1200-3-5, 10, 12, 18, and 20,
submitted on December 9, 1981, and miscellaneous changes in Chapters
1200-3-2, 5, 7, 9, 12, 16, 18, submitted on January 22, 1982, by the
Tennessee Department of Public Health.
    (47) Metropolitan Nashville-Davidson County Set II VOC Regulation,
submitted on August 27, 1980 and January 23, 1981, by the Tennessee
Department of Public Health.
    (48) Extended compliance schedules for five sources of VOC, and
operating permit for Du Pont de Nemours Company's scrub solids kiln at
New Johnsonville, submitted on February 12, 1982, by the Tennessee
Department of Public Health.
    (49) Part D revisions for the Chattanooga primary TSP nonattainment
area, submitted on August 31, 1981, and December 22, 1982, by the
Tennessee Department of Public Health. (No action is taken on the
definition of ``reconstruction'' contained in the revisions.)
    (50) Certain State permits for the Kingsport area, and a visible
emission technique for nontraditional fugitive dust sources (Method 1)
submitted on May 10, 1982; and a revision entitled Standard of
Performance for Storage Vessels for Petroleum Liquids Contracted after
May 18, 1978, (1200-3-16-/.09a) submitted May 5, 1982, by the Tennessee
Department of Public Health.
[[Page 529]]
    (51) Changes in visible emission evaluation technique for
nontraditional sources, submitted on September 29, 1982, by the
Tennessee Department of Public Health.
    (52) VOC compliance schedule extension for Knowlton Brothers,
Chattanooga, submitted on August 3, 1982, by the Tennessee Department of
Public Health.
    (53) Knox County plan for lead, submitted on March 1, 1983, by the
Tennessee Department of Public Health.
    (54) Revisions to the Part D ozone plan for the Nashville-Davidson
County nonattainment area, submitted on June 30, 1982, by the Tennessee
Department of Public Health.
    (55) Nashville-Davidson County regulations for prevention of
significant deterioration and for new source review in nonattainment
areas, submitted on October 9, 1981 (revised regulation no. 3), June 3
and November 22, 1982 (changes in revised regulation no. 3 and in
Chapter Four of the Metropolitan Code of Nashville and Davidson County),
and regulations submitted on June 3, 1982, for the control of volatile
organic compounds, determination of good engineering practice stack
height, and permits for an equivalent opacity standard for Ford Motor
Company, by the Tennessee Department of Public Health.
    (56) 1982 revisions in the Part D CO SIP for the Nashville-Davidson
County nonattainment area (except TCM portion approved on September 13,
1985), submitted on June 30, 1982, and June 14, 1985.
    (i) Incorporation by reference.
    (A) Metropolitan Health Department Pollution Control Division
Regulation No. 8 for Inspection and Maintenance (I/M) adopted on May 13,
1981; and revised on June 12, 1985, and February 15, 1984.
    (B) Metropolitan Nashville and Davidson County's Carbon Monoxide
Reasonable Further Progress (RFP) curve adopted on May 8, 1985.
    (ii) Other material.
    (A) Narrative adopted June 16, 1982.
    (B) Public awareness program mechanics training program adopted May
8, 1985.
    (57) Regulatory revisions (changes and additions in regulations
1200-3-5-.11, 1200-3-12-.04-(4), 1200-3-16-.01-(5), 1200-3-16-.14, 1200-
3-16-.32, 1200-3-16-.33, 1200-3-18-.02(1)(hh), 1200-3-18-.02(ii), 1200-
3-18-.03(1)(b), 1200-3-18-.21(5), and 1200-3-18-.22(2), 1200-3-19-.03
(g), (h) and addition of regulation 1200-3-18-.30) submitted on April
22, 1983, and nonregulatory revisions (changes in sections 2.15 and
2.12.E.2, 2.8.1, and eleven permits for sources in the Kingsport area)
submitted on April 14, 1983, by the Tennessee Department of Health and
Environment.
    (58) Materials related to attainment status designations of various
areas, submitted on January 19, 20, and 21, February 9, March 4, 14, and
22, April 6, and June 1, 1983, by the Tennessee Department for Health
and Environment.
    (59) Control strategy demonstration for lead, submitted on June 4,
1984, by the Tennessee Department of Health and Environment.
    (60) Lead implementation plan for Memphis/Shelby County, submitted
on June 25, 1984, by the Tennessee Department of Health and Environment.
    (61) Material related to a compliance schedule for Maremont
Corporation in Pulaski, and two permits for the Kingsport Press in
Kingsport, submitted on September 15, 1983, and January 16, 1984, by the
Tennessee Department of Health and Environment.
    (62) Regulations for the prevention of significant deterioration,
submitted on December 9, 1981, April 22 and September 1, 1983, and
clarifications submitted on September 5, 1984, and January 17, 1985 by
the Tennessee Department of Health and Environment. (Action has been
deferred on the phrase ``except the activities of any vessel'' in 1200-
3-9-.01(4)(b) until EPA revises the definition of stationary source.)
    (63) Changes in rules 1200-3-5-.01 (to revise general visible
emission standards), 1200-3-2-.01 (to add definition of ``calendar
quarter''), 1200-3-12-.03 (to specify method for determining inorganic
lead emissions in stack gases), 1200-3-14 (to revise monitoring
requirements related to SO<INF>2</INF> control), and 1200-3-16-.01 (to
specify method for determining particulate emissions from asphalt
processing and roofing manufacture), submitted on October 17, 1984, and
change in rule 1200-3-3 (to delete
[[Page 530]]
ambient air quality standard for hydrocarbons), submitted on December 5,
1984, by the Tennessee Department of Health and Environment.
    (64) Changes in visible emission evaluation methods, submitted on
September 26, 1984, by the Tennessee Department of Health and
Environment.
    (65) Changes in visible emission limitations for wood-fired fuel
burning equipment (changes in regulations 1200-3-5-.06 and 1200-3-
5-.07), submitted on October 17, 1984, and January 18, 1985, by the
Tennessee Department of Health and Environment. Coverage of wood-fired
fuel equipment was expanded to include units of 500,000 to 100,000,000
BTU per hour heat input in certain counties; the compliance determining
technique was changed from the aggregate method to the six-minute
average.
    (66) State implementation plan for lead, submitted on December 5,
1984, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference. (A) Amendments to the Tennessee Air
Pollution Control Regulations, Chapter 1200-3-22, Lead Emission
Standards, as submitted, and State-effective on December 5, 1984.
    (B) Operating permits for:
    (1) Ross Metals, Inc., issued on December 5, 1984.
    (2) General Smelting and Refining Company, issued on December 5,
1984.
    (3) Tennessee Chemical Company, issued on December 5, 1984.
    (ii) Additional information. (A) Control Strategy and modelling,
submitted on June 4, 1984.
    (67) Letter of commitment, submitted on December 20, 1984, by the
Memphis-Shelby County Health Department.
    (i) Incorporation by reference. (A) Letter of commitment on new
source review for lead sources, submitted on December 20, 1984, by the
Memphis County Health Department.
    (ii) Additional information. (A) None.
    (68) Revisions in the TCM portion of the 1982 CO SIP for Nashville-
Davidson County, submitted on July 18, 1984, and adopted on June 4,
1984.
    (i) Incorporation by reference. (A) Air Pollution Control Board of
the State of Tennessee Board Order 13 84, which is a statement of intent
to adopt two-cent gas tax equivalent measures in place of return of 1980
level of service in Nashville-Davidson County CO SIP TCM; and July 18,
1984 letter from the Tennessee Department of Health and Environment
which approves the Metropolitan Nashville and Davidson County Legally
Enforceable Limits and Schedules effective June 4, 1984.
    (ii) Additional material. (A) Revision of the calculations on
reductions due to implementation of the Rideshare Program submitted on
July 18, 1984.
    (69) Tennessee Visible Emission Evaluation Method 3, was submitted
on January 16 and June 14, 1985, by the Tennessee Department of Health
and Environment.
    (i) Incorporation by reference.
    (a) January 16, 1985 letter from Tennessee Department of Health and
Environment and Tennessee Visible Emission Evaluation Method 3, Secs. 1,
2, and 5, became State-effective on December 12, 1984.
    (b) June 14, 1985 letter from Tennessee Department of Health and
Environment and Tennessee Visible Emission Evaluation Method 3, Secs. 3
and 4, became State-effective on May 30, 1985.
    (ii) Other material--none.
    (70)-(71) [Reserved]
    (72) Five Board Orders were submitted on January 29, 1986, by the
Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 2-86 from Tennessee Department of Health and
Environment, became State-effective on January 15, 1986.
    (B) Board Order 3-86 from Tennessee Department of Health and
Environment, became State-effective on January 15, 1986.
    (C) Board Order 5-86 from Tennessee Department of Health and
Environment, became State-effective on January 15, 1986.
    (ii) Other material--none.
    (73) Tennessee Visible Emissions Evaluation Method 4 was submitted
on May 28, 1986, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Visible Emissions Evaluation Method 4, which became
State-adopted on April 16, 1986.
[[Page 531]]
    (ii) Other material--none.
    (74) Board Orders 7-86 and 11-86 were submitted on May 9, 1986, by
the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 7-86, which became State-effective on April 16,
1986.
    (B) Board Order 11-86, and temporary operating permit for Refined
Metals Corp., permit No. 0212-OIP, which became State-effective on April
16, 1986.
    (ii) Other material--none.
    (75) Board Order 12-86, a one-year variance from SO<INF>2</INF>
ambient monitoring by DuPont in Old Hickory, was submitted on July 7,
1986, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 12-86, which became State-effective on June 19,
1986.
    (ii) Other material--none.
    (76) Board Orders 23-86, 24-86, 34-86 and 36-86 were submitted on
October 7, 1986 and December 30, 1986, respectively by the Tennessee
Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 23-86, which became State-effective on September 17,
1986.
    (B) Board Order 24-86, which became State-effective on September 17,
1986.
    (C) Board Order 34-86, which became State-effective on November 20,
1986.
    (D) Board Order 36-86, which became State-effective on November 20,
1986.
    (ii) Other material--none.
    (77) Board Orders 35-86 and 5-87 were submitted on February 17,
1987, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 35-86, Opacity variance for Hassel and Hughes Lumber
Company, which was approved on November 19, 1986.
    (B) Board Order 5-87, variance for Texas Gas Transmission
Corporation which was approved on January 21, 1987.
    (ii) Other material--none.
    (78) A variance from Rule 1200-3-18.21 was submitted to EPA on
December 30, 1986, by the Tenessee Department of Health and Environment.
    (i) Incorporation by referemce.
    (A) A variance for coating bicycles at Murray Ohio Manufacturing
Company granted by the Tennessee Department of Health and Environment
Air Pollution Control Board, approved on November 19, 1986.
    (ii) Additional material--none.
    (79) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air
Pollution Control, Board Order 08-87 approved on August 13, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of
Health and Environment.
    (ii) Other materials--none.
    (80) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air
Pollution Control, Board Order 11-87 approved on August 13, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of
Health and Environment.
    (ii) Other materials--none.
    (81) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation of reference.
    (A) Tennessee Department of Health and Environment, Division of Air
Pollution Control, Board Order 29-87 approved on December 10, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of
Health and Environment.
    (ii) Other materials--none.
    (82) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on
February 25, 1988, by the Tennessee Department of Health and
Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air
Pollution Control, Board Order 2-88 approved on February 18, 1988.
    (B) Letter of February 25, 1988, from the Tennessee Department of
Health and Environment.
    (ii) Other materials-none.
[[Page 532]]
    (83) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air
Pollution Control, Board Order 27-87 approved on December 10, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of
Health and Environment.
    (ii) Other materials--none.
    (84) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air
Pollution Control Board Order 19-87 approved on October 2, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of
Health and Environment.
    (ii) Other materials--none.
    (85) Board Orders 10-87 and 15-87, incorporating the Prevention of
Significant Deterioration modeling guideline in the State of Tennessee
and Nashville/Davidson County regulations, submitted on January 6, 1988
by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 10-87, revision to the Prevention of Significant
Deterioration modeling guideline for the State of Tennessee, which was
approved on August 13, 1987.
    (B) Board Order 15-87, revision to the Prevention of Significant
Deterioration modeling guideline for Nashville/Davidson County, which
was approved on August 13, 1987.
    (C) Letter of January 6, 1988 from the Tennessee Department of
Health and Environment.
    (ii) Other material--none.
    (86) Board Order 1-87 concerning Legally Enforceable Limits and
Schedules for the Metropolitan Nashville and Davidson County portion of
the Tennessee State Implementation Plan for Total Suspended
Particulates, was submitted on February 17, 1987, by the Tennessee
Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 1-87, and amendments to Sec. 2.12.1.D.8, ``Legally
Enforceable Limits and Schedules'', of the Metropolitan Nashville and
Davidson County portion of the Tennessee State Implementation Plan for
Total Suspended Particulates, approved on January 21, 1987.
    (ii) Other material--none.
    (87) A certificate of alternate control of volatile organic compound
emissions for Avco Aerostructures/Textron was submitted to EPA on
February 25, 1988, by the State of Tennessee for the Metropolitan Health
Department of Nashville and Davidson County.
    (i) Incorporation by reference.
    (A) Letter of February 25, 1988, from the State of Tennessee Air
Pollution Control Board.
    (B) Certificate of alternate control of volatile organic compound
(VOC) emissions for Avco Aerostructures/Textron, adopted by the
Metropolitan Board of Health on February 9, 1988.
    (C) Avco Aerostructures/Textron operating permit numbers 42-3, 42-4,
42-5, 42-6, 42-7, 42-8, 42-9, 42-10, 42-18, 42-19.
  (88) Rule 1200-3-19-.06, Logs for Operating Hours, submitted on
February 19, 1980, by the Tennessee Department of Health and
Environment.
    (i) Incorporation by reference.
    (A) Rule 1200-3-19-.06, Logs for Operating Hours which became State-
effective February 14, 1980.
    (B) Letter of February 19, 1980, from the Tennessee Department of
Public Health.
    (ii) Other material--none.
    (89) Revised Memphis and Shelby County regulations (Board Order 17-
86) submitted on July 7, 1986.
    (i) Incorporation by reference.
    (A) Memphis and Shelby County regulations, Board Order 17-86, which
became State-effective June 18, 1986. The regulations that are approved
are as follows:
Sections 16-46
Sections 16-47
Sections 16-48
Sections 16-49 except for Rule 1200-3-3-.05 (the last sentence)
Sections 16-50
Sections 16-51
Sections 16-56
Sections 16-57
Sections 16-58
Sections 16-59
[[Page 533]]
Sections 16-71
Sections 16-77 except for Rules 1200-3-9.01(3); 1200-3-
          9-.01(4)(b)(6)(the phrase, ``.except the activities of any
          vessel.''); 1200-3-9-.01(4)(o)(2); 1200-3-9-.02(1)-(3),(6)-
          (10) and the last sentence of (5); 1200-3-9-.03(2)(the last
          sentence), .03(2)(a), and .03(2)(b)
Sections 16-78 except for Rules 1200-3-7-.03(2); 1200-3-7-.04(2)(the
          last sentence); 1200-3-7-.07(2)-(5); 1200-3-7-.09
Sections 16-79
Sections 16-80
Sections 16-82 except for Rules 1200-3-14-.02; 1200-3-14-.03(5) and (6)
Sections 16-83 except for Rules 1200-3-5-.01(2) and (3); 1200-3-5-.03(2)
Sections 16-84
Sections 16-85
Sections 16-86
Sections 16-87
Sections 16-88 except paragraph(b)
Sections 16-89
Sections 16-90
Sections 16-91
    (B) Letter of July 7, 1986, from the Tennessee Department of Health
and Environment.
    (ii) Other material--none.
    (90) An amendment to Section 7-1 of the Nashville/Davidson County
regulations was submitted on June 15, 1988, by Tennessee's Department of
Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air
Pollution Control, Board Order 11-88 approved on June 8, 1988.
    (B) Letter of June 15, 1988, from the Tennessee Department of Health
and Environment.
    (ii) Other material-none.
    (91) Board Orders 13-87, deleting five operating permits for
Tennessee Eastman Company from the SIP, and 14-87, deleting an operating
permit for General Smelting and Refining from the SIP, submitted on
January 6, 1988.
    (i) Incorporation by reference.
    (A) Board Order 13-87, for Tennessee Eastman Company, approved
August 13, 1987.
    (B) Board Order 14-87, for General Smelting and Refining Company,
approved August 13, 1987.
    (C) Letter of January 6, 1988, from the Tennessee Department of
Health and Environment.
    (ii) Other material--none.
    (92) Revised Knox County regulations: Tennessee Air Pollution
Control Board Order 17-86, submitted on July 7, 1986; Board Order 27-86,
submitted on October 7, 1986; and Board Order 2-87, submitted on
February 17, 1987.
    (i) Incorporation by reference. (A) Tennessee Air Pollution Control
Board Orders 17-86, and Knox County regulations 12.0-20.0, 22.0, 24.0,
25.0, except 25.2.B, 26.0-41.0, and 46.0, which became State effective
June 18, 1986; 27-86, and Knox County regulation 35.3 and amendments to
41.1, which became State effective September 17, 1986; and 2-87 and Knox
County regulation 47.0, which became State effective January 21, 1987.
    (ii) Additional material. (A) Letters of July 7, 1986, October 7,
1986, and February 17, 1987, from the Tennessee Department of Health and
Environment, submitting the Knox County SIP revisions.
    (93) Stack height regulations were submitted to EPA on August 18,
1986, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Regulations, Good Engineering
Practice Stack Height Regulations, which became effective on November
22, 1987.
    (ii) Other material--none.
    (94) A revision of Rule 1200-3-18-.02(m) was submitted to EPA on
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Amendment to Tennessee Department of Health and Environment
rules (revision of Paragraph 1200-3-18-.02(m)), State-effective on
November 10, 1986.
    (ii) Other material--none.
    (95) Rules 1200-3-6-.05(4), Wood Fired Fuel Burning Equipment, 1200-
3-19-.11(3)(b), Particulate Matter Emissions Regulations for the Bristol
Nonattainment Area, and 1200-3-19-.12(2)(g), Particulate Matter Emission
Regulations for Air Contaminant Sources in or Significantly Impacting
the Particulate Nonattainment Control Areas in Campbell County, which
were submitted January 6, 1988.
    (i) Incorporation by reference.
    (A) Rule 1200-3-6-.05(4), Wood Fired Fuel Burning Equipment, which
is State-effective, May 30, 1987.
    (B) Rule 1200-3-19-.11(3)(b), Particulate Matter Emission
Regulations for
[[Page 534]]
the Bristol Nonattainment Area, which is State-effective May 30, 1987.
    (C) Rule 1200-3-19-.12(2)(g), Particulate Matter Emission
Regulations for Air Contaminant Sources in or Significantly Impacting
the Particulate Nonattainment Control Areas in Campbell County, which is
State-effective May 30, 1987.
    (ii) Other material--none.
    (96) Tennessee Air Pollution Control Board Order 03-89 approving
permits amended by agreed orders for fourteen sources was submitted to
EPA on May 16, 1989, by the Tennessee Department of Health and
Environment.
    (i) Incorporation by reference. (A) Chattanooga-Hamilton County Air
Pollution Control Board Agreed Order, Docket No. 582.01, Astec
Industries, Inc., effective March 20, 1989.
    (B) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.02, Browning-Ferris Industries, effective March
20, 1989.
    (C) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.03, The Landes Company Inc., effective March 20,
1989.
    (D) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.04, Chattanooga Armature Works, effective March
20, 1989.
    (E) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.05, Combustion Engineering, Inc., effective March
20, 1989.
    (F) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.06, Cumberland Corporation, effective March 20,
1989.
    (G) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.07, Ekco/Glaco, Inc., effective March 20, 1989.
    (H) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.08, Electrical Systems, Inc., effective March 20,
1989.
    (I) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.09, Mueller Company, effective March 20, 1989.
    (J) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.10, McKee Baking Company, effective March 20,
1989.
    (K) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.11, Royal, Incorporated, effective March 20, 1989.
    (L) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.12, Tuftco Corporation, effective March 20, 1989.
    (M) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.13, Sherman & Reilly, Inc., effective March 20,
1989.
    (N) Chattanooga-Hamilton County Air Pollution Control Board Agreed
Order, Docket No. 582.14, United States Stove Company, effective March
20, 1989.
    (O) Board Order 03-89 of the Tennessee Air Pollution Control Board
which adopts fourteen miscellaneous metal parts coaters' permits for
Chattanooga-Hamilton County on May 10, 1989.
    (ii) Other materials. (A) Letter of May 16, 1989, from the Tennessee
Department of Health and Environment.
    (97) Revisions to the Nashville/Davidson County portion of the
Tennessee SIP which included PM<INF>10</INF> regulations (Board Orders
10-88 and 88-15) submitted on December 14, 1988.
    (i) Incorporation by reference. (A) Revisions to Nashville/Davidson
County Regulation No. 3, ``New Source Review'' and Board Order 10-88
approved June 8, 1988. The following regulations are approved:
Section 3-1-Definition--(dd), (ee) and (gg)
Section 3-2-Registration and Permits--(b)(2) and (e)
Section 3-3-Prevention of Significant Deterioration (PSD) Review--
          (a)(1), (e)(2), (f), (g)(6), (g)(7) and (g)(8)
    (B) Revisions to Nashville/Davidson County Metropolitan Code Chapter
4 Subchapter 1 ``Air Pollution Control'' and Board Order 88-15 approved
on November 16, 1988. The following regulations are approved:
Section 4-1-1-Definitions--PM<INF>10</INF> Emissions, Particulate Matter
          Emissions, Total Suspended Particulate, and Particulate Matter
Section 4-1-6-Incinerator Regulations--(f)
Section 4-1-16-Registration and Permits--(c) and f(3)
[[Page 535]]
Section 4-1-18-Ambient Air Quality Standards
    (98) Nashville/Davidson County stack height provisions (Board Order
28-86) submitted as revisions to the Tennessee SIP on October 7, 1986.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Board Order 28-86 and Nashville/
Davidson County Regulation No. 3, Sections 3-1 and 3-2 introductory
paragraph which was approved September 17, 1986.
    (ii) Other material.
    (A) Letter of October 7, 1986, from the Tennessee Department of
Health and Environment.
    (99) PM<INF>10</INF> revisions to the Knox County portion of the
Tennessee SIP adopted in Board Order 06-89 and submitted on August 2,
1989.
    (i) Incorporation by reference.
    (A) PM<INF>10</INF> revisions to the Knox County regulations and
Board Order 06-89 which became State-effective July 19, 1989. The
following regulations are approved:
Section 13, Definitions,
    13.56 PM<INF>10</INF>
    13.57 PM<INF>10</INF> emissions
    13.58 Total Suspended Particulate
Section 14.0, Ambient Air Quality Standards, Table I
Section 14.4A, Procedures for Ambient Sampling and Analysis
Section 36.1, Emergency Regulations (Episode Criteria), B., C. and D.
    (ii) Additional material--none.
    (100) Revisions to the Hamilton County portion of the Tennessee SIP
which approved the regulations for Hamilton County, the City of
Chattanooga and the nine other municipalities in Hamilton County adopted
in Board Order 05-89 and submitted on July 20, 1989.
    (i) Incorporation by reference. (A) The entire set of regulations,
``The Hamilton County Air Pollution Control Regulation'', as submitted
on July 20, 1989, except for section 9, Rules 15, 16, 18.2(q)(2), and
25.21.
    (B) The entire set of regulations, ``The Chattanooga Air Pollution
Control Ordinance'', as submitted on July 20, 1989, except for section
4-41, Rules 15, 16, 18.2(o)(2), and 25.21, and as amended by Ordinances
Nos. 8413, dated January 15, 1985; 8675, dated July 29, 1986; and 8705,
except sections 5 and 6, dated September 30, 1986.
    (C) The entire set of regulations, ``The Collegedale Air Pollution
Control Ordinance'', as submitted on July 20, 1989, except for section
8-541, Rules 15, 16, and 18.2(o)(2).
    (D) The entire set of regulations, ``The East Ridge Air Pollution
Control Ordinance'', as submitted on July 20, 1989, except for section
8-741, Rules 15, 16, and 18.2(o)(2).
    (E) The entire set of regulations, ``The Lakesite Air Pollution
Control Ordinance'', as submitted on July 20, 1989, except for section
41, Rules 15, 16, and 18.2(o)(2).
    (F) The entire set of regulations, ``The Lookout Mountain Air
Pollution Control Ordinance'', as submitted on July 20, 1989, except for
section 41, Rules 15, 16, and 18.2(o)(2).
    (G) The entire set of regulations, ``The Red Bank Air Pollution
Control Ordinance'', as submitted on July 20, 1989, except for section
8-341, Rules 15, 16, and 18.2(o)(2).
    (H) The entire set of regulations, ``The Ridgeside Air Pollution
Control Ordinance'', as submitted on July 20, 1989, except for section
41, Rules 15, 16, and 18.2(o)(2).
    (I) The entire set of regulations, ``The Signal Mountain Air
Pollution Control Ordinance'', as submitted on July 20, 1989, except for
section 41, Rules 15, 16, and 18.2(o)(2).
    (J) The entire set of regulations, ``The Soddy-Daisy Air Pollution
Control Ordinance'', as submitted on July 20, 1989, except for section
8-141, Rules 15, 16, and 18.2(o)(2).
    (K) The entire set of regulations, ``The Walden Air Pollution
Control Ordinance'', as submitted on July 20, 1989, except for section
41, Rules 15, 16, and 18.2(o)(2).
    (L) Tennessee Air Pollution Control Board Order 05-89, which became
State-effective July 19, 1989, adopted regulations for Hamilton County,
the City of Chattanooga and the nine other Hamilton County
municipalities as revisions to the Hamilton County portion of the
Tennessee SIP.
    (ii) Additional material. (A) The July 20, 1989, submittal from the
Tennessee Department of Health and Environment submitting the
regulations for Hamilton County, Chattanooga and the
[[Page 536]]
nine other Hamilton County municipalities as revisions to the Hamilton
County portion of the Tennessee SIP.
    (101) Revisions to the Nashville/Davidson County portion of the
Tennessee SIP submitted on October 3, 1989.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Board Order 10-89 and Nashville/
Davidson County Metropolitan Health Department Regulation No. 10,
``Infectious Waste Incinerators'' which became State effective September
13, 1989.
    (ii) Other material.
    (A) The October 3, 1989 letter from the Tennessee Department of
Health and Environment submitting Regulation No. 10.
    (102) [Reserved]
    (103) A revision to the Metropolitan-Davidson County portion of
Tennessee's SIP, Regulation No. 7--Regulation for Control of Volatile
Organic Compounds was submitted on February 16, 1990.
    (i) Incorporation by reference.
    (A) Regulation No. 7--Regulation for the Control of Volatile Organic
Compounds, except Section 7-22, effective February 14, 1990.
    (ii) Other material.
    (A) Letter of February 16, 1990 from the Tennessee Department of
Health and Environment.
    (104) The Tennessee Department of Conservation submitted a Board
order including a certificate of alternate control and revised permits
for the Nissan Motor Manufacturing facility located in Smyrna,
Tennessee, to EPA on February 19, 1991, with revised information
provided on April 29, 1991.
    (i) Incorporation by reference.
    (A) Nissan Motor Manufacturing Corporation USA operating permit
numbers 029538P, 029539P, 029540P, 029541P, 029543P and 029544P which
were issued on July 30, 1990, and 030180P which was issued on September
17, 1990.
    (ii) Other materials.
    (A) Letters of February 19, 1991, and April 29, 1991, from the
Tennessee Department of Conservation.
    (105) Amendments to the Nashville/Davidson County portion of
Tennessee's SIP, Regulation No. 7--Regulation for Control of Volatile
Organic Compounds submitted on July 3, 1991, October 4, 1991, and
January 2, 1992.
    (i) Incorporation by reference.
    (A) Regulation No. 7--Regulation for the Control of Volatile Organic
Compounds, effective December 10, 1991.
    (ii) Other material.
    (A) Letter of July 3, 1991, from the Metropolitan Health Department
for Nashville/Davidson County.
    (B) Letter of October 4, 1991, from the Metropolitan Health
Department for Nashville/Davidson County.
    (C) Letter of January 2, 1991, from the Metropolitan Health
Department for Nashville/Davidson County.
    (106) Amendments to the Knox County portion of Tennessee's SIP,
submitted on January 4, 1991.
    (i) Incorporation by reference.
    (A) Amendments to Regulations 25.2B, 29.1B, 17.4E, 18.1, 19.1,
47.3C, effective December 13, 1990.
    (ii) Other material.
    (A) Letter of January 4, 1991, from the Tennessee Department of
Health and Environment.
    (107) Revisions to the New Johnsonville SO<INF>2</INF> portion of
the Tennessee State Implementation Plan submitted on August 2, 1983, by
the State of Tennessee through the Tennessee Air Pollution Control
Board.
    (i) Incorporation by reference.
    (A) Revisions to the following Tennessee Air Pollution Control
Regulations which became State-effective on December 13, 1982:
1200-3-3-.05--Achievement
    (B) Revisions to the following Tennessee Air Pollution Control
Regulations which became State-effective on December 17, 1982:
1200-3-19-.14--Sulfur Dioxide Emission Regulation for the New
    Johnsonville Nonattainment Area
    (C) Revisions to the following Tennessee Air Pollution Control
Regulations which became State-effective on August 1, 1984:
1200-3-14-.01(2)--General Provisions
1200-3-14-.02(1)(a)--Non-process Emissions Standards
    (ii) Other material. None.
    (108) Revisions to the Memphis-Shelby County portion of the
Tennessee SIP submitted on July 3, 1991, and June 15, 1992, by the State
of Tennessee
[[Page 537]]
through the Tennessee Air Pollution Control Board.
    (i) Incorporation by reference.
    (A) Permit for battery receiving and breaking operation for Refined
Metals Corporation which became effective on June 12, 1991: Permit No.
0212-01P.
    (B) Permit for the refining kettles/casting area for Refined Metals
Corporation which became effective on June 12, 1991: Permit No. 0212-
04P.
    (C) Permit for the blast furnace/dust furnace for Refined Metals
Corporation which became effective on June 10, 1992: Permit No. 0212-
03P(R).
    (ii) Other material.
    (A) None.
    (109) Addition of Section 45, Prevention of Significant
Deterioration to the Knox County portion of the Tennessee SIP, submitted
and revised on January 29, 1992 and June 15, 1992, respectively.
    (i) Incorporation by reference.
    (A) Amendments to Section 45.0 of the Knox County regulations were
adopted on June 10, 1992.
    (ii) Other material. None.
    (110) Revisions to the VOC portion of the Knox County portion of the
Tennessee SIP to correct deficiencies, which were submitted on January
4, 1991, January 29, 1992, and June 15, 1992, respectively.
    (i) Incorporation by reference.
    (A) Amendments to the following Sections of the Knox County
regulations--13.15, 46.1-B, 46.4-B.7, 46.4-B.8, 46.4-B.9, 46.4-I, 46.6-
D.6, 46.8-B.1.d, 46.11-B.5, 46.11-B.6--were adopted on December 13,
1990.
    (B) Amendments to the following Sections of the Knox County
regulations--27.2-A and 46.2--were adopted on November 13, 1991.
    (C) Amendments to the following Sections of the Knox County
regulations--26.5-B, 27.2, 28.1-A.4, 46.2-A.7, 46.2-A.34, 46.6-D.7,
46.17-D, 46.19, 46.20, and 46.21--were adopted on June 10, 1992.
    (ii) Other material.
    (A) Letter of January 4, 1991, from the Tennessee Department of
Conservation and Environment.
    (B) Letter of January 29, 1992, from the Tennessee Department of
Conservation and Environment.
    (C) Letter of June 15, 1992, from the Tennessee Department of
Conservation and Environment.
    (111) The maintenance plan for Knox County submitted by the
Tennessee Department of Environment and Conservation on August 26, 1992,
as part of the Tennessee SIP.
    (i) Incorporation by reference.
    (A) Knox County Ozone Attainment Redesignation State Implementation
Plan Revision Support Document, which became State-effective on August
12, 1992; and
    (B) Emissions Inventory Projections (1990-2004) for Knox County,
which became State-effective on August 12, 1992.
    (ii) Other material.
    (A) Letter dated August 26, 1992, from the Tennessee Department of
Environment and Conservation.
    (112)-(113) [Reserved]
    (114) On July 13, 1990, and February 26, 1993, Nashville-Davidson
county submitted revisions to the Nashville-Davidson county portion of
the Tennessee SIP through the Tennessee Department of Air Pollution
Control which were intended to bring their regulations into conformity
with EPA's New Source Review (NSR) requirements and EPA's Prevention of
Significant Deterioration (PSD) increments for nitrogen dioxide
(NO<INF>2</INF>). The USEPA is granting limited approval to the
revisions to the Nashville-Davidson county NSR regulations because the
revised regulations strengthen the SIP.
    (i) Incorporation by reference.
    (A) Amendments to sections 3-1(e) and 3-3(e)(2)(iii) of the
Nashville-Davidson county portion of the Tennessee regulations were
adopted by the Nashville Metropolitan Board of Health on April 12, 1990.
    (B) Amendments to sections 3-1(d), 3-1(t), 3-1(x)(7),3-1(ee)(3), 3-
1(gg), 3-1(hh), 3-2(b)(2)(ii), and 3-2(b)(3) were adopted by the
Nashville Metropolitan Board of Health on December 8, 1992.
    (ii) Other material--none.
    (115) Revisions to the rules in the State's portion of the Tennessee
State Implementation Plan (SIP) regarding control of volatile organic
compounds (VOCs) were submitted on June 25, 1992, and March 22, 1993, by
the Tennessee Department of Environment and Conservation. Revisions to
the rules in the
[[Page 538]]
Memphis-Shelby County portion of the Tennessee SIP regarding control of
VOCs were submitted on November 5, 1992, and April 22, 1993, by the
State on behalf of Memphis-Shelby County. In these submittals, Memphis-
Shelby County adopted State regulations by reference.
    (i) Incorporation by reference.
    (A) Revisions to the following State of Tennessee regulations were
effective on June 7, 1992.
    (1) Rule 1200-3-2-.01 General Definitions: Subparagraphs (1)(b),
(c), (z), (aa), (gg), (vv), (zz), (ccc), (lll), (mmm), (nnn), (eeee),
(ffff), (gggg), and (iiii).
    (2) Rule 1200-3-18-.01 Purposes and General Provisions: Paragraphs
(1), (3), (4) introductory paragraph and (4)(a), (5), and (6).
    (3) Rule 1200-3-18-.02 Definitions: Subparagraphs (1)(a), (b), (c),
(f), (m), (ii), and (jj).
    (4) Rule 1200-3-18-.04 Alternate Emission Standard.
    (5) Rule 1200-3-18-.05 Automobile and Light Duty Truck
Manufacturing.
    (6) Rule 1200-3-18-.06 Paper Coating: Subparagraph (1)(b) and
paragraphs (2), (3), and (4).
    (7) Rule 1200-3-18-.07 Petroleum Liquid Storage: Introductory
paragraph of paragraph (4).
    (8) Rule 1200-3-18-.08 Bulk Gasoline Plants: Paragraphs (2) and (3).
    (9) Rule 1200-3-18-.09 Bulk Gasoline Plants: Paragraph (2),
subparagraph (3)(d), and paragraph (6).
    (10) Rule 1200-3-18-.10 Gasoline Service Stations Stage I:
Paragraphs (2), (3) (except subparagraph (3)(a)), (4), and (6).
    (11) Rule 1200-3-18-.11 Petroleum Refinery Sources: Paragraph (2).
    (12) Rule 1200-3-18-.12 Can Coating: Paragraphs (3) and (4).
    (13) Rule 1200-3-18-.13 Coil Coating: Paragraphs (1), (2), and (4).
    (14) Rule 1200-3-18-.14 Fabric and Vinyl Coating: Subparagraph
(1)(b) and paragraphs (2), (3), and (4).
    (15) Rule 1200-3-18-.15 Metal Furniture Coating: Paragraphs (3) and
(4).
    (16) Rule 1200-3-18-.16 Surface Coating of Large Appliances:
Paragraphs (3), (4), and (5).
    (17) Rule 1200-3-18-.17 Magnet Wire Coating: Paragraphs (2) and (3).
    (18) Rule 1200-3-18-.18 Solvent Metal Cleaning: Paragraphs (2) and
(3).
    (19) Rule 1200-3-18-.20 Flat Wood Paneling Coating: Introductory
paragraph of paragraph (2), paragraphs (4), (5), and (6).
    (20) Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal Parts
and Products: Subparagraphs (1)(g) and (h), paragraph (2), subparagraph
(5)(1), and paragraphs (6), (7), and (8).
    (21) Rule 1200-3-18-.22 Leaks from Gasoline Tank Trucks and Vapor
Collection Systems: Introductory paragraph of paragraph (2),
subparagraph (2)(a), paragraphs (3), (4), (5), and (6).
    (22) Rule 1200-3-18-.23 Petroleum Refinery Equipment Leaks:
Introductory paragraph of paragraph (2), subparagraph (2)(a), and
paragraph (4).
    (23) Rule 1200-3-18-.25 Petroleum Liquid Storage in External
Floating Roof Tanks: Introductory paragraph of paragraph (2), and
paragraph (5).
    (24) Rule 1200-3-18-.26 Manufacture of Pneumatic Rubber Tires:
Introductory paragraph of paragraph (2), paragraphs (4), (5), and (6).
    (25) Rule 1200-3-18-.27 Manufacture of Synthesized Pharmaceutical
Products: Introductory paragraph of paragraph (2), paragraphs (3), (4),
and (5).
    (26) Rule 1200-3-18-.28 Perchloroethylene Dry Cleaning: Introductory
paragraph of paragraph (2), paragraphs (4) and (5), and subparagraph
(6)(d).
    (27) Rule 1200-3-18-.29 Graphic Arts-Rotogravure and Flexography:
Introductory paragraph of paragraph (2), subparagraph (2)(b), paragraphs
(5) and (6).
    (28) Rule 1200-3-18-.30 Surface Coating of Aerospace Components.
    (29) Rule 1200-3-18-.40 Regulations Required in Nonattainment Areas.
    (30) Rule 1200-3-18-.41 Compliance Schedules.
    (31) Rule 1200-3-18-.42 Individual Compliance Schedules: Paragraphs
(1), (2), (3), and (4).
    (32) Rule 1200-3-18-.43 General Provisions for Test Methods and
Procedures.
    (33) Rule 1200-3-18-.44 Determination of Volatile Content of Surface
Coatings.
    (34) Rule 1200-3-18-.45 Test Method for Determination of Volatile
Organic
[[Page 539]]
Compound Emissions Control Systems Efficiency.
    (35) Rule 1200-3-18-.46 Test Method for Determination of Solvent
Metal Cleaning Organic Compound Emissions.
    (36) Rule 1200-3-18-.47 Test Procedure for Determination of VOC
Emissions from Bulk Gasoline Terminals.
    (B) Revisions to the following State of Tennessee regulations were
effective on March 18, 1993.
    (1) Rule 1200-3-21-.01 General Alternate Emission Standard:
Paragraphs (1), (2), (3), (4), and (9).
    (2) Rule 1200-3-21-.02 Applicability.
    (ii) Additional material--none.
    (116) The Tennessee Department of Environment and Conservation
submitted a SIP revision that amended Rule 1200-3-18 which was submitted
to EPA on May 18, 1993. These amendments add Stage II provisions to this
rule.
    (i) Incorporation by reference.
    (A) Rule 1200-3-18-.24 which became State-effective June 21, 1993.
    (B) Revisions to the Davidson County portion of the Tennessee SIP.
Rule 7, Section 7-1 (11), Rule 7, Section 7-13, Rule 7, Section 7-25(b)
which became state effective on November 4, 1992.
    (ii) Other material. None.
    (117) The Tennessee Department of Environment and Conservation has
submitted revisions to the Tennessee State Implementation Plan. These
revisions address the requirements of section 507 of Title V of the CAA
and establish the Small Business Stationary Source Technical and
Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) Revision to the Tennessee State Implementation Plan to
Incorporate Small Business Assistance Program as Required by the Clean
Air Act Amendments of 1990, approved by the Tennessee Air Pollution
Control Board on February 10, 1993.
    (ii) Additional information--None.
    (118)  [Reserved]
    (119) The minor source operating permit program for Knox County,
submitted by the Tennessee Division of Air Pollution Control on November
12, 1993 as part of the Tennessee SIP.
    (i) Incorporation by reference.
    (A) Revisions to Regulations 17.4.E, 18.1.B, 19.1.B, 25.3.I., and
47.3.C. of the Knox County portion of the Tennessee SIP, as adopted by
the Knox County Air Pollution Control Board on October 13, 1993.
    (ii) Other material. None.
    (120) Revisions to the Tennessee Division of Air Pollution Control
emergency episode plan, submitted on September 1, 1993. These revisions
incorporate changes within chapter 1200-3-15-.02 of the Tennessee SIP
into the existing regulations which are required in 40 CFR 52.1270.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Regulations, Chapter 1200-3-
15-.02, paragraphs (3), (4), and (5), effective June 26, 1993.
    (121) The redesignation and maintenance plan for Memphis/Shelby
County submitted by the Memphis/Shelby County Health Department on
October 30, 1992, as part of the Tennessee SIP. On October 15, 1993, and
May 6, 1994, Tennessee Department of Environment and Conservation
submitted a supplement to the above maintenance plan.
    (i) Incorporation by reference.
    (A) Memphis/Shelby County Carbon Monoxide Ten Year Maintenance Plan
effective on October 13, 1993.
    (B) Emissions Inventory Projections for Memphis/Shelby County
effective on October 13, 1993.
    (ii) Other material. None.
    (122) The maintenance plan and emission inventory for the Memphis
and Shelby County Area which includes Shelby County and the City of
Memphis submitted by the Tennessee Department of Environment and
Conservation on November 12, 1992, and March 31, 1994, as part of the
Tennessee SIP.
    (i) Incorporation by reference.
    (A) Amendment to the Original Submittal of Nonregulatory Amendment
to State Implementation Plan for Shelby County Redesignation from
Nonattainment to Attainment Classification for Ozone submitted March 31,
1994, and prepared by the Memphis and Shelby County Health Department,
Pollution Control Section for the Tennessee Department of Conservation.
The effective date is March 9, 1994, for the following provisions:
[[Page 540]]
Section I--Requirement One--Air Quality Data Shows Area Meets NAAQS
Section IV--Requirement Four--Maintenance Plan
Attachment F:
    Shelby County Emission Projections Volatile Organic Compounds
(Summer Season)
    Shelby County Emission Projections 1990-2004 Nitrogen Oxides (Summer
Season)
    (ii) Other material. None.
    (123) A revised chapter 1200-3-18 ``Volatile Organic Compounds'' was
submitted by the Tennessee Department of Air Pollution Control (TDAPC)
to EPA on May 18, 1993, to replace the current chapter 1200-3-18 in the
Tennessee SIP. This chapter had been revised to meet the requirements of
the 1990 Clean Air Act Amendments commonly referred to as the ``VOC RACT
Catch-Up'' requirements. Rule 1200-3-18-.28 ``Perchloroethylene Dry
Cleaners'' which was federally approved in 59 FR 18310 on April 18,
1994, will remain effective.
    (i) Incorporation by reference.
    (A) Revisions to the State of Tennessee regulations which were
effective on April 22, 1993.
    (1) Chapter 1200-3-18 ``Volatile Organic Compounds,'' except for
subchapter 1200-3-18-.24, subparagraph 1200-3-18-.03 (2)(b),
subparagraph 1200-3-18-.20 (1)(b)(2)(vii), and subparagraphs 1200-3-
18-.79 (1)(a)(3), (1)(c), and (1)(d).
    (ii) Other material. None.
    (124) On August 17, 1994, the Tennessee Department of Environment
and Conservation submitted revisions to the new source review
requirements in the Tennessee Division of Air Pollution Control
Regulations. These revisions incorporate changes to Chapter 1200-3-9 by
substituting for the present paragraph 1200-3-9-.01(5) of the Tennessee
SIP with new requirements, which are required in the Clean Air Act as
amended in 1990 and 40 CFR part 51, subpart I.
    (i) Incorporation by reference. Tennessee Division of Air Pollution
Control Regulations, Chapter 1200-3-9-.01(5) Growth Policy, effective
August 15, 1994.
    (ii) Other material. None.
    (125)  [Reserved]
    (126) Modifications to the existing basic I/M program in Davidson
County to implement an anti-tampering check, and to require testing of
vehicles from model year 1975 and newer, submitted on March 17, 1994.
Addition of a basic I/M program in the remainder of the middle Tennessee
ozone nonattainment area, submitted on July 8, 1994.
    (i) Incorporation by reference.
    (a) Metropolitan Health Department Pollution Control Division
Regulation 8, approved by the Tennessee Air Pollution Control Board on
March 9, 1994.
    (b) Regulation 1200-3-29, effective on September 8, 1993.
    (ii) Other material. None.
    (127) Revisions to the State of Tennessee Air Pollution Control
Regulations submitted by the Tennessee Department of Environment and
Conservation on April 18, 1995. These consist of revisions to the
process emission standards for new and existing cotton gins. These
revised regulations also provide an optional method of using selected
controls to demonstrate compliance with the emission standards.
    (i) Incorporation by reference.
    (A) Tennessee Division of Air Pollution Control Regulations, Chapter
1200-3-7-.08(3) effective July 16, 1990.
    (ii) Other material. None.
    (128) Revisions to Chapter 16, ``Open Burning'', of the Knox County
portion of the Tennessee State Implementation Plan were submitted by the
Tennessee Department of Environment and Conservation on February 26,
1993. Revisions to Chapter 25, ``Permits'', of the Knox County portion
of the Tennessee State Implementation Plan were submitted by the
Tennessee Department of Environment and Conservation on June 23, 1998.
    (i) Incorporation by reference.
    (A) Section 16.3 Exceptions to Prohibition--With Permit, adopted on
January 13, 1993.
    (B) Section 25.6 Exemptions, paragraph E, adopted on June 10, 1998.
    (ii) Other material. None.
    (129)  [Reserved]
    (130) Revisions to minor source operating permit rules for
Nashville-Davidson County submitted by the Tennessee Department of
Environment and Conservation on November 16, 1994.
    (i) Incorporation by reference.
[[Page 541]]
    (A) Metropolitan Code of Law (M.C.L.) Chapter 10.56, Section 040,
Paragraph F, effective October 4, 1994.
    (ii) Other material. None.
    (131) On November 12, 1993, the State submitted revisions to the
Nashville/Davidson County portion of the Tennessee State Implementation
Plan (SIP) on behalf of Nashville/Davidson County. These were revisions
to the permit requirements for major sources of air pollution, including
revisions to the general definitions, the permit requirements, and the
exemptions. As a supplement to this submittal, on July 15, 1994, the
State also submitted a request that the recodification of the entire air
pollution control rule for Nashville/Davidson County be approved as part
of the SIP. These revisions and recodification incorporate changes to
Nashville's Chapter 10.56, which was previously Chapter 4-1-1, which are
required in the Clean Air Act as amended in 1990 and 40 CFR part 51,
subpart I.
    (i) Incorporation by reference.
    Code of Laws of the Metropolitan Government of Nashville and
Davidson County, Tennessee, Chapter 10.56, Air Pollution Control,
effective November 10, 1993, except for the following parts:
    (A) Section 10.56.010, the definition of ``regulated pollutant'';
    (B) Section 10.56.040, Paragraph (F);
    (C) Section 10.56.050, Paragraphs (C), (D) and (E);
    (D) Section 10.56.080.
    (ii) Other material. None.
    (132) Revisions to the Knox County Air Pollution Control Regulations
submitted by the Tennessee Department of Environment and Conservation on
June 28, 1994. These consist of revisions to appeals, judicial review,
and violations of the air pollution regulations in Knox County.
    (i) Incorporation by reference.
    Knox County Air Pollution Control Regulations, Sections 29.1.B,
29.3, 30.1.A, and 30.1.D adopted May 25, 1994.
    (133) On September 27, 1994, the State submitted revisions to the
Nashville/Davidson County portion of the Tennessee State Implementation
Plan (SIP) on behalf of Nashville/Davidson County. These were revisions
to the new source review requirements in the Nashville/Davidson County
regulations. These revisions incorporate changes to Regulation Number
Three, Sections 3-1, 3-2 and 3-3 of the Nashville/Davidson County
portion of the Tennessee SIP which bring this into conformance with the
new requirements which are required in 40 CFR part 52, subpart I.
    (i) Incorporation by reference.
    Metropolitan Health Department Division of Pollution Control
Regulation Number 3 New Source Review, as amended on August 9, 1994.
    (ii) Other material. None.
    (134) Revisions to the State of Tennessee Air Pollution Control
Regulations submitted by the Tennessee Department of Environment and
Conservation on June 21, 1991, and June 22, 1993. These consist of
revisions to Chapter 1200-3-10 Required Sampling, Recording and
Reporting, and Chapter 1200-3-14 Control of Sulfur Dioxide Emissions.
Revisions to section 16-85 of the Memphis/Shelby County portion of the
Tennessee SIP which adopt by reference changes made to Chapter 1200-3-10
of the Tennessee SIP.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-14, effective March 21, 1993.
    (B) Chapter 1200-3-10, effective March 13, 1993.
    (C) Section 16-85 of the Memphis/Shelby County Health Department,
Air Pollution Control Regulations effective October 23, 1993.
    (ii) Other material. None.
    (135)  [Reserved]
    (136) Revisions to the Chattanooga/Hamilton County Air Pollution
Control Regulations submitted by the Tennessee Department of Environment
and Conservation on May 18, 1993.
    (i) Incorporation by reference.
    (A) The Chattanooga City Code, Part II, Chapter 4, is revised as
shown in the following paragraphs. These revisions were adopted on March
9, 1993.
    (1) Section 4-2: the definitions for Best available control
technology (BACT); Owner or operator of a demolition or renovation
activity; Primary Air Quality Standards; and Secondary Air Quality
Standards.
    (2) Section 4-41: Rule 21, ``Ambient Air Quality Standards.''
    (3) Section 4-41: Rule 25.2, subparagraph 33.
    (B) The Hamilton County Air Pollution Control Regulation is revised
as
[[Page 542]]
shown in the following paragraphs. These revisions were adopted on April
7, 1993.
    (1) Section 16: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator of
a demolition or renovation activity; and Best available control
technology (BACT).
    (2) Section 9: Rule 25.2, subparagraph 33.
    (3) Section 9: Rule 21, ``Ambient Air Quality Standards.''
    (4) Section 25, ``Regulations cumulative.''
    (C) The Soddy-Daisy Municipal Code, Title 8, Health and Sanitation,
Chapter 1, Air Pollution Control, is revised as shown in the following
paragraphs. These revisions were adopted on March 18, 1993.
    (1) Section 8-102: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator of
a demolition or renovation activity; and Best available control
technology (BACT).
    (2) Section 8-141: Rule 25.2, subparagraph 21.
    (3) Section 8-141: Rule 21, ``Ambient Air Quality Standards.''
    (D) The Ridgeside Air Pollution Control Ordinance is revised as
shown in the following paragraphs. These revisions were adopted on April
20, 1993.
    (1) Section 2: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator of
a demolition or renovation activity; and Best available control
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (E) The Signal Mountain Air Pollution Control Ordinance is revised
as shown in the following paragraphs. These revisions were adopted on
March 8, 1993.
    (1) Section 2: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator of
a demolition or renovation activity; and Best available control
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (F) The Walden Air Pollution Control Ordinance is revised as shown
in the following paragraphs. These revisions were adopted on adopted
March 9, 1993.
    (1) Section 2: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator of
a demolition or renovation activity; and Best available control
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 33.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (G) The Lookout Mountain Air Pollution Control Ordinance is revised
as shown in the following paragraphs. These revisions were adopted March
9, 1993.
    (1) Section 2: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator of
a demolition or renovation activity; and Best available control
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (H) The Red Bank Municipal Code, Chapter 3, Title 8, is revised as
shown in the following paragraphs. These revisions were adopted March
16, 1993.
    (1) Section 8-302: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator of
a demolition or renovation activity; and Best available control
technology (BACT).
    (2) Section 8-341: Rule 25.2, subparagraph 21.
    (3) Section 8-341: Rule 21, ``Ambient Air Quality Standards.''
    (I) The Collegedale Municipal Code, Title 8, Health and Sanitation,
Chapter 5, Air Pollution Control, is revised as shown in the following
paragraphs. These revisions were adopted April 12, 1993.
    (1) Section 8-502: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator of
a demolition or renovation activity; and Best available control
technology (BACT).
    (2) Section 8-541: Rule 25.2, subparagraph 33.
[[Page 543]]
    (3) Section 8-541: Rule 21, ``Ambient Air Quality Standards.''
    (J) The Lakesite Municipal Code, Title 4, Building, Utility, Housing
and Air Pollution Control Codes, Chapter 6, Air Pollution Control
Ordinance is revised as shown in the following paragraphs. These
revisions were adopted March 30, 1993.
    (1) Section 2: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator of
a demolition or renovation activity; and Best available control
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (K) The East Ridge City Code, Title 8, Health and Sanitation,
Chapter 7, Air Pollution Control is revised as shown in the following
paragraphs. These revisions were adopted March 11, 1993.
    (1) Section 8-702: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator of
a demolition or renovation activity; and Best available control
technology (BACT).
    (2) Section 8-741: Rule 25.2, subparagraph 21.
    (3) Section 8-741: Rule 21, ``Ambient Air Quality Standards.''
    (ii) Other material. None.
    (137) Revisions to the State of Tennessee Air Pollution Control
Regulations submitted by the Tennessee Department of Environment and
Conservation on September 1, 1993, and June 10, 1996. These consist of
revisions to Chapter 1200-3-9-.01  CONSTRUCTION PERMITS.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-9-.01  CONSTRUCTION PERMITS of the Tennessee
Department of Environment and Conservation which became state effective
August 18, 1996.
    (ii) Other material. None.
    (138) Revisions to chapter 1200-3-9 ``Construction and Operating
Permits'' were submitted by the Tennessee Department of Air Pollution
Control (TDAPC) to EPA on January 17, 1995. Revisions to chapter 1200-3-
18 ``Volatile Organic Compounds'' were submitted by the TDAPC to EPA on
February 21, 1995, February 8, 1996, February 23, 1996, April 22, 1996,
and April 25, 1996.
    (i) Incorporation by reference.
    (A) Revisions to the State of Tennessee regulation 1200-3-9
``Construction and Operating Permits'', subparagraphs 1200-3-9-.01 (6),
(7), (8), effective on August 15, 1994.
    (B) Revisions to the State of Tennessee regulation by the addition
of a new rule 1200-3-18-.33 ``Manufacturing of Synthesized
Pharmaceutical Products'', effective on November 21, 1993.
    (C) Revisions to the State of Tennessee regulation 1200-3-18
``Volatile Organic Compounds'' rules 1200-3-18-.01, 1200-3-18-.02, 1200-
3-18-.03, 1200-3-18-.04, 1200-3-18-.20, 1200-3-18-.21, 1200-3-18-.36,
1200-3-18-.38, 1200-3-18-.39 effective on October 9, 1995.
    (D) Revisions to the State of Tennessee regulations effective
October 25, 1995.
    (1) The addition of a the new rule 1200-3-18-.78 ``Other Facilities
that Emit Volatile Organic Compounds (VOC's) of Fifty Tons Per Year''.
    (2) Revisions to rule 1200-3-18-.79 ``Other Facilities that Emit
Volatile Organic Compounds''.
    (E) Revisions to the State of Tennessee regulation by the addition
of a new rule 1200-3-18-.42 ``Wood Furniture Finishing and Cleaning'',
effective August 15, 1995.
    (F) Revisions to the State of Tennessee regulation by the addition
of a new rule 1200-3-18-.43 ``Offset Lithographic Printing Operations'',
effective October 14, 1995.
    (ii) Other material. None.
    (139) Addition of a new chapter 1200-3-27 ``Nitrogen Oxides''
submitted by the Tennessee Department of Air Pollution Control (TDAPC)
to EPA on June 14, 1993, September 28, 1993, May 26, 1994, July 29,
1994, February 23, 1996.
    (i) Incorporation by reference.
    (A) Regulation 1200-3-27 ``Nitrogen Oxides'', 1200-3-27-.01; 1200-3-
27-.02; 1200-3-27-.03 (1) introductory sentence, (1)(b), (3)
introductory sentence, (3)(a), effective as of October 28, 1995.
    (B) Nashville/Davidson County regulation number 14 ``Regulation for
the Control of Nitrogen Oxides'', Section 14-1; Section 14-2 (b);
Section 14-4; Section 14-5; adopted on August 10, 1993.
    (ii) Other material. None.
[[Page 544]]
    (140) Permit-by-rule regulations for Knox County Department of Air
Pollution Control submitted by the Knox County Department of Air
Pollution Control through the Tennessee Department of Environment and
Conservation on May 23, 1995 as part of Knox County's portion of the
Tennessee SIP.
    (i) Incorporation by reference.
    (A) Regulation Section 25.10 of the Knox County portion of the
Tennessee SIP as adopted by the Knox County Air Pollution Control Board
on April 12, 1995.
    (ii) Other material. None.
    (141) On November 16, 1994, the State submitted revisions to the
Nashville/Davidson portion of the Tennessee State Implementation Plan
(SIP) on behalf of Nashville/Davidson County. These were revisions to
the permit requirements for major sources of air pollution, including
revisions to the general definitions, permit requirements, the Board's
powers and duties, the variances and hearings procedures, the
measurement and reporting of emissions, and the testing procedures.
These revisions incorporate changes to Nashville's Chapter 10.56 which
are required in the Clean Air Act as amended in 1990 and 40 CFR part 51,
subpart I.
    (i) Incorporation by reference.
    (A) Code of Laws of the Metropolitan Government of Nashville and
Davidson County, Tennessee, Chapter 10.56, except Section 10.56.290, Air
Pollution Control, approved on October 6, 1994, except Section
10.56.010, definition of ``Regulated Pollutant''; Section 10.56.050,
paragraphs (C), (D), and (E); Section 10.56.080.
    (ii) Other material. None.
    (142) Addition of two source specific nitrogen oxide (NOx) permits
for certain engines at Tenneco Energy's Portland facility located in
Sumner County, Tennessee, submitted by the Tennessee Department of Air
Pollution Control (TDAPC) to EPA on May 31, 1996.
    (i) Incorporation by reference.
    (A) Operating Permit number 045022F, approved on May 31, 1996,
except conditions 2, 3, 6, and 7.
    (B) Operating Permit number 045025F, approved on May 31, 1996,
except conditions 2, 4, and 5.
    (ii) Other material. None.
    (143) Revisions to chapter 1200-3-18 ``Volatile Organic Compounds''
were submitted by the Tennessee Department of Air Pollution Control
(TDAPC) to EPA on June 3, 1996, and June 4, 1996.
    (i) Incorporation by reference.
    (A) Rule 1200-3-18-.01, paragraphs (26) and (87), effective on
August 10, 1996.
    (B) Rule 1200-3-18-.06 ``Handling, Storage, Use, and Disposal of
Volatile Organic Compounds (VOCs)'', effective on August 11, 1996.
    (C) Rule 1200-3-18-.44 ``Surface Coating of Plastic Parts'',
effective on August 10, 1996.
    (D) Rule 1200-3-18-.45 ``Standards of Performance for Commercial
Motor Vehicle and Mobile Equipment Refinishing Operations'', effective
on January 17, 1996.
    (E) Rule 1200-3-18-.48 ``Volatile Organic Liquid Storage Tanks'',
effective on August 2, 1996.
    (ii) Other material. None.
    (144) The maintenance plan and redesignation request for the
Nashville Area which includes Davidson, Rutherford, Sumner, Williamson,
and Wilson Counties submitted by the Tennessee Department of Environment
and Conservation on November 14, 1994, August 9, 1995, and January 19,
1996, as part of the Tennessee SIP.
    (i) Incorporation by reference.
    The following sections of the document entitled Request for
Redesignation of the Middle Tennessee Non-attainment Area from Moderate
Non-attainment to Attainment of the National Ambient Air Quality
Standard for Ozone and the Maintenance Plan: 2.0 Attainment
Demonstration; 3.0 Maintenance Demonstration; 4.0 Contingency Plan; and
Appendix 4 Summaries of Projected Emissions for VOC, NO<INF>X</INF>, and
CO adopted on January 10, 1996.
    (ii) Other material. None.
    (145) Revisions to Division Rule 1200--Stationary Sources--General
Requirements, submitted by the Tennessee Department of Environmental
Protection on May 3, 1995.
    (i) Incorporation by reference.
    (A) Division of Air Pollution Control Rule 1200-3-9-.02(11)(a),
effective September 21, 1994.
[[Page 545]]
    (B) Memphis City Code Section 16-77, reference 1200-3-9-.02(11)(a),
effective October 28, 1994.
    (ii) Other materials. None.
    (146) [Reserved]
    (147) Addition of a new chapter 1200-3-23 ``Visibility Protection''
to the Tennessee Air Pollution Control Regulations submitted by the
Tennessee Department of Environment and Conservation on February 9,
1993, and December 19, 1994.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-23 ``Visibility Protection,'' effective July 24,
1994.
    (ii) Other material. None.
    (148) Revisions to the Hamilton County portion of the Tennessee SIP
that approve the regulations for Hamilton County, the City of
Chattanooga, and the municipalities of East Ridge, Red Bank, Soddy-
Daisy, Signal Mountain, Lakesite, Walden, Collegedale, Lookout Mountain,
and Ridgeside--submitted by the Tennessee Department of Environmental
Protection on December 15, 1995.
    (i) Incorporation by reference.
    (A) Amendments to Sections 2, 3, 4, 6, 8, 12, and 16-19 of the
regulation known as the ``Hamilton County Air Pollution Control
Regulation,'' the ``Signal Mountain Air Pollution Control Ordinance,''
the ``Lakesite Municipal Code,'' the ``Walden Air Pollution Control
Ordinance,'' the ``Lookout Mountain Air Pollution Control Ordinance,''
and the ``Ridgeside Air Pollution Control Ordinance,'' submitted on
December 15, 1995 and adopted by Hamilton County on September 6, 1995
and by the following municipalities: Signal Mountain, adopted on
December 11, 1995; Lakesite, adopted on November 16, 1995; Walden,
adopted on December 12, 1995; Lookout Mountain, adopted on November 14,
1995; and Ridgeside, adopted on April 16, 1996.
    (B) Amendments to Sections 4-2, 4-3, 4-4, 4-6, 4-8, 4-12, 4-16, 4-
17, 4-18, and 4-19 of the ``Chattanooga Air Pollution Control
Ordinance,'' as submitted on December 15, 1995 and adopted on August 16,
1995.
    (C) Amendments to Sections 8-702, 8-703, 8-704, 8-706, 8-708, 8-712,
8-716, 8-717, 8-718, and 8-719 of the ``East Ridge City Code,'' as
submitted on December 15, 1995 and adopted on September 28, 1995.
    (D) Amendments to Sections 8-302, 8-303, 8-304, 8-306, 8-308, 8-312,
8-316, 8-317, 8-318, and 8-319 of the ``Red Bank Municipal Code,'' as
submitted on December 15, 1995 and adopted on November 7, 1995.
    (E) Amendments to Sections 8-102, 8-103, 8-104, 8-106, 8-108, 8-112,
8-116, 8-117, 8-818, and 8-119 of the ``Soddy-Daisy Municipal Code,'' as
submitted on December 15, 1995 and adopted on October 5, 1995.
    (F) Amendments to Sections 8-502, 8-503, 8-504, 8-506, 8-508, 5-512,
8-516, 8-517, 8-518, and 8-519 of the ``Collegedale Municipal Code,'' as
submitted on December 15, 1995 and adopted on October 2, 1995.
    (ii) Other materials. None.
    (149) On March 4, 1996, the State submitted revisions to the
Knoxville/Knox County portion of the Tennessee SIP on behalf of
Knoxville/Knox County. These were revisions to the enforcement authority
requirements in the Knoxville/Knox County regulations. These revisions
incorporate changes to Knoxville's Section 30.1 which are required in
the Clean Air Act as amended in 1990 and 40 CFR part 51, subpart I.
    (i) Incorporation by reference.
    (A) Knox County Air Pollution Control Regulations, Sections 30.1.D,
30.1.F, and 30.1.G, adopted on January 10, 1996.
    (ii) Other material. None.
    (150) Revisions to chapters 1200-3-9 ``Construction and Operating
Permits'' and 1200-3-18 ``Volatile Organic Compounds'' were submitted by
the Tennessee Department of Air Pollution Control (TDAPC) to EPA on June
3, 1996.
    (i) Incorporation by reference.
    (A) State of Tennessee regulation 1200-3-9 ``Construction and
Operating Permits'', subpart 1200-3-9-.01(4)(b)(29)(i) effective on
August 14, 1996.
    (B) State of Tennessee regulation 1200-3-18 ``Volatile Organic
Compounds'', subparts 1200-3-18-.24(1)(d), 1200-3-18-.24(3)(c)(2)(i) and
1200-3-18-.86(11)(c) effective August 10, 1996.
    (ii) Other material. None.
    (151) A Revision to Knox County Ozone Maintenance plan and emission
projections submitted by the Tennessee
[[Page 546]]
Department of Environment and Conservation on January 18, 1995.
    (i) Incorporation by reference.
    (A) Knox County Ozone Maintenance plan and emission projections
adopted on November 21, 1994.
    (ii) Other material. None.
    (152) On December 28, 1995, the State submitted revisions to the
Nashville/Davidson portion of the Tennessee SIP on behalf of Nashville/
Davidson County. These were revisions to the permit requirements for
major sources of air pollution, including revisions to the general
definitions, the permit requirements, and the exemptions. Also included
was a revision to the regulations for internal combustion engines. These
revisions incorporate changes to Nashville's Chapter 10.56 which are
required in the Clean Air Act as amended in 1990 and 40 CFR part 51,
subpart I.
    (i) Incorporation by reference.
    (A) Code of Laws of the Metropolitan Government of Nashville and
Davidson County, Tennessee, Chapter 10.56 Air Pollution Control,
approved on December 14, 1995.
    (I) Section 10.56.010, definitions for ``Potential Emissions,''
``Regulated Pollutant,'' and ``Volatile Organic Compound.''
    (II) Section 10.56.040, Paragraph B.
    (III) Section 10.56.050, Paragraphs A and F.
    (IV) Section 110.56.240, Paragraph C.
    (ii) Other material. None.
    (153) Revisions to Nashville/Davidson County portion of the
Tennessee state implementation plan submitted to EPA by the State of
Tennessee on December 17, 1993, April 2, 1996, September 18, 1996, and
November 14, 1996, concerning new source review (NSR), control of
volatile organic compounds (VOC), and emergency episodes with the
exception of the revisions to 7-17(c)(4)(ii) and 7-17(c)(4)(iii) which
were disapproved.
    (i) Incorporation by reference.
    (A) Nashville/Davidson County Air Pollution Control Regulation
number 3 ``New Source Review'' sections 3-1(y), 3-1(hh), 3-1(jj), and 3-
2(f), effective November 13, 1996.
    (B) Nashville/Davidson County Air Pollution Control Regulation
number 7 ``Regulation for the Control of Volatile Organic Compounds''
sections 7-1(mm), 7-2, 7-4, 7-5, 7-6, 7-7, 7-8, 7-9, 7-10, 7-16(a), 7-
16(c) {except section 7-16(c)(11)}, 7-16(d), 7-17(a)(9), 7-17(c) {except
7-17(c)(4)(ii), and 7-17(c)(4)(iii)}, 7-20, 7-21, 7-22, 7-23, 7-24, 7-
26, 7-27, and 7-28, effective November 13, 1996.
    (C) Nashville/Davidson County Air Pollution Control Regulation
number 11 ``Emergency Episode Regulation'' effective November 13, 1996.
    (ii) Other material. None.
    (154) Revisions to Chattanooga/Hamilton County portion of the
Tennessee state implementation plan submitted to EPA by the State of
Tennessee on December 11, 1995, and June 26, 1996, regarding nitrogen
oxides, prevention of significant deterioration (PSD), lead sources,
stack heights, infectious waste incinerators, and volatile organic
compound (VOC) reasonably available control technology (RACT) for
miscellaneous metal parts coaters and synthesized pharmaceutical
products, and PM<INF>10</INF>.
    (i) Incorporation by reference.
    (A) Chapter 4, Section 4-13 except (b)(6), and Section 4-41, Rules
2.4, 2.6, 2.7; 16.5; 18; 20.4(2)d, 21, 25.2(33), 27; 3.5; 8, Table 1;
9.4, 13.1, and 26.8 of the ``Chattanooga Air Pollution Control
Ordinance,'' adopted on August 15, 1995.
    (B) Section 13, except (b)(6); Section 41, Rules 2.4, 2.6, 2.7;
16.5; 18; 20.4(2)d; 21; 24.2(33); 26; 27; 3.5; 8, Table 1; and 13.1; and
Section 8(f)(4) of the regulation known as the ``Hamilton County Air
Pollution Control Regulation,'' adopted by Hamilton County on September
6, 1995. The identical regulations were also adopted by the following
municipalities as part of their air pollution control ordinances: Signal
Mountain, adopted on December 11, 1995; Walden, adopted on December 12,
1995; Lookout Mountain, adopted on November 14, 1995; and Ridgeside,
adopted on April 16, 1996.
    (C) Chapter 7 for Section 8-713, except (b)(6); Section 8-741, Rules
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); to Chapter 3 for
Section 8-541, Rule 26; and to Chapter 7, Section 8-741, for Rules 27;
3.5, 8, Table 1, and 13.1; Section 8-708(f)(4) of the ``East Ridge City
Code,'' adopted on September 28, 1995.
    (D) Chapter 3: Section 8-313, except (b)(6); Section 8-341, Rules
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8,
Table 1; and 13.1; and Section 8-
[[Page 547]]
308(f)(4) of the ``Red Bank Municipal Code,'' adopted on November 7,
1995.
    (E) Chapter 1: Section 8-113, except (b)(6); Section 8-141, Rules
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8,
Table 1, and 13.1; and Section 8-108(f)(4) of the ``Soddy-Daisy
Municipal Code,'' adopted on October 5, 1995.
    (F) Chapter 3: Section 8-513, except (b)(6); Section 8-541, Rules
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8,
Table 1; and 13.1; and Section 8-108(f)(4) of the ``Collegedale
Municipal Code,'' adopted on October 2, 1995.
    (G) Chapter 3, Section 41, Rules 19; 21; 22; 25.2(21); 26; 27; 3.5;
8, Table 1; and 13.1; and Section 8(f)(4) of the ``Lakesite Municipal
Code'' adopted November 16, 1995.
    (H) Chapter 4: Section 4-2; Section 4-41, Rules 19; 21, Table 1; 22;
25.2; 25.21(6); and 25.27(3) of the ``Chattanooga Air Pollution Control
Ordinance,'' adopted on May 30, 1989.
    (I) Section 9, Rules 19; 21, Table 1; 22; 25.2; 25.21(6); and
25.27(3); and Section 16 of the regulation known as the ``Hamilton
County Air Pollution Control Regulation,'' adopted on June 7, 1989.
    (155) Revisions to Tennessee state implementation plan submitted to
EPA by the State of Tennessee on April 30, 1996, regarding emission
standards and monitoring requirements for additional control areas.
    (i) Incorporation by reference.
    Tennessee Division of Air Pollution Control Regulations, Chapter
1200-3-19, adopted September 7, 1988.
    (ii) Other material. None.
    (156) Addition of six operating permits containing source specific
VOC RACT requirements for certain VOC sources at Brunswick Marine
Corporation, Outboard Marine Corporation, and Essex Group Incorporated
submitted by the Tennessee Department of Environment and Conservation on
December 20, 1995 and June 3, 1996.
    (i) Incorporation by reference.
    (A) Marine Group Brunswick Corporation operating permit number
743652P issued February 21, 1996, (conditions number 2, 3, and 18).
    (B) Stratos Boat Incorporated, D.B.A. Javelin Boats operating permit
number 039845P issued on July 27, 1995, (conditions number 2 and 3), and
permit number 044881P issued on May 31, 1996, (conditions number 2, 9,
and 10).
    (C) Essex Group Incorporated operating permit numbers 045011P,
(conditions 5, 10, 13, and 15), 045012P, (conditions 5, 10, 13, and 15)
and 045013P, (conditions 5 and 16) issued on May 31, 1996.
    (ii) Other material. None.
    (157) The visible emission chapter revisions to the Tennessee SIP
which were submitted on October 6, 1994.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-5 Visible Emissions effective on June 7, 1992.
    (ii) Other material. None.
    (158) Addition of supplement C to the ``Guideline on Air Quality
Models'', correction of conversion factor in the manufacture of high-
density polyethylene, polypropylene and polystyrene resins, and
clarification for the test method used for determining the VOC content
of coatings and inks submitted by the Tennessee Department of
Environment and Conservation on February 27, 1997, and May 8, 1997.
    (i) Incorporation by reference.
    (A) Tennessee regulation 1220-3-9-.01(1)(f) effective December 28,
1996.
    (B) Tennessee regulations 1200-3-18-.39(5)(a)(2) and 1200-3-
18-.81(2) (a) and (b) effective April 16, 1997.
    (ii) Other material. None.
    (159) The maintenance plan and redesignation request for the Polk
County area submitted by the Tennessee Department of Environment and
Conservation on April 17, 1995, as part of the Tennessee SIP.
    (i) Incorporation by reference. The following sections of the
Tennessee Department of Environment and Conservation Board Order Number
95-24: VI. Maintenance and contingency plan adopted on April 12, 1995.
    (ii) Other material. None.
    (160) The maintenance plan and redesignation request for the New
Johnsonville Area which includes that portion of Benton and that portion
of Humphreys Counties, Tennessee, surrounding TVA's Johnsonville plant
submitted by the Tennessee Department of Environment and Conservation on
December 17, 1993, as part of the Tennessee SIP.
[[Page 548]]
    (i) Incorporation by reference. The following sections of the
Tennessee Department of Environment and Conservation Board Order Number
93-25: I. Maintenance Plan; and II. Contingency Plan adopted on December
15, 1993.
    (ii) Other material. None.
    (161) Revisions to the Knox County portion of the Tennessee state
implementation plan submitted to EPA by the State of Tennessee on
December 24, 1996 and June 18, 1997, concerning process particulate
emissions and volatile organic compounds (VOC) were approved.
    (i) Incorporation by reference.
    (A) Section 19.2 of the Knox County Air Pollution Control Regulation
``Process Particulate Emissions'' effective December 11, 1996.
    (B) Section 46.2.A.34 of the Knox County Air Pollution Control
Regulation ``Volatile Organic Compounds'' effective June 11, 1997.
    (ii) Other material. None.
    (162) Revisions to the Nashville/Davidson County portion of the
Tennessee State Implementation Plan submitted to EPA by the State of
Tennessee on July 23, 1997, concerning regulatory revisions for control
of volatile organic compounds.
    (i) Incorporation by reference. Regulation No.7, Section 7-16,
effective July 9, 1997.
    (ii) Other material. None.
    (163) Revisions to the Tennessee Air Pollution Control Regulations
submitted on May 8, 1997.
    (i) Incorporation by reference.
    Paragraph (1) of Rule 1200-3-18-.83 TEST METHODS AND COMPLIANCE
PROCEDURES: EMISSION CAPTURE AND DESTRUCTION OR REMOVAL EFFICIENCY AND
MONITORING REQUIREMENTS effective on April 15, 1997.
    (ii) Other material. None.
    (164) Revisions to the Nashville/Davidson County portion of the
Tennessee State Implementation Plan submitted to EPA by the State of
Tennessee on April 7, 1997.
    (i) Incorporation by reference. Chapter 10.56, Sections 10.56.010,
10.56.080(B), 10.56.160, 10.56.280(D), effective March 12, 1997.
    (ii) Other material. None.
    (165) The revisions to the maintenance plan and emission inventory
for the Memphis and Shelby County Area which includes Shelby County and
the City of Memphis submitted by the Tennessee Department of Environment
and Conservation on September 18, 1997, and June 30, 1998, as part of
the Tennessee SIP.
    (i) Incorporation by reference. Non-Regulatory SIP Submittal
Including I. The 1993 Ozone, Nitrogen Oxides, and Carbon Monoxide
Triennial Emission Inventory; II. Revisions to the 1990 Base Year
Inventory; III. Amendments to the CO and O<INF>3</INF> Maintenance Plans
to Specify Conformity Emission Budgets adopted on September 10, 1997.
    (A) Mobile and point source emission budgets volatile organic
compounds summer season tons per day (PJVCTD3.WK1)
    (B) Mobile and point source emission budgets nitrogen oxides summer
season tons per day (PJNXTD3.WK1)
    (C) Mobile and point source emission budgets carbon monoxide winter
season tons per day (PJCOTD3.WK1)
    (D) Mobile and point source emission budgets volatile organic
compounds summer season tons per day
    (E) Mobile and point source emission budgets nitrogen oxides summer
season tons per day
    (F) Mobile and point source emission budgets carbon monoxide winter
season tons per day.
    (ii) Other material. None.
    (166) [Reserved]
    (167) The adoption of the credible evidence regulations, which were
submitted on November 16, 1994, into the Nashville/Davidson County
portion of the Tennessee SIP.
    (i) Incorporation by reference. Section 10.56.290 Measurement and
Reporting of Emissions effective on October 6, 1994.
    (ii) Other material. None.
    (168) Revisions to the Knox County portion of the Tennessee state
implementation plan submitted to EPA by the State of Tennessee on
November 13, 1998, concerning VOC and use of LAER for major
modifications to existing sources were approved.
    (i) Incorporation by reference.
[[Page 549]]
    (A) Section 46.2.A.34 of the Knox County Air Pollution Control
Regulation ``Volatile Organic Compounds/Definitions'' effective November
10, 1998.
    (B) Section 46.3.A of the Knox County Air Pollution Control
Regulation ``Volatile Organic Compounds/Standards for New Sources''
effective November 10, 1998.
    (ii) Other material. None.
[37 FR 10894, May 31, 1972. Redesignated and amended at 64 FR 35012,
June 30, 1999]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2239, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
                            Subpart SS--Texas
Sec. 52.2270  Identification of plan.
    (a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Texas under section 110 of the Clean Air
Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
31, 1998, were 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, 1998, will be incorporated by
reference in the next update to the SIP compilation.
    (2) EPA Region 6 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an
exact duplicate of the officially promulgated State rules/regulations
which have been approved as part of the State Implementation Plan as of
December 31, 1998.
    (3) Copies of the materials incorporated by reference may be
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700,
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW, Washington, DC
20460; or at the Office of Federal Register, 800 North Capitol Street,
NW, Suite 700, Washington, DC.
    (c) EPA approved regulations.
                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval/
         State citation              Title/Subject      Submittal date     EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
                                           Chapter 101--General Rules
----------------------------------------------------------------------------------------------------------------
Section 101.1...................  Definitions.......  08/16/93..........  08/19/97, 62 FR     Ref
                                                                           44083.              52.2299(c)(102).
Section 101.1 Table I...........  Definitions--Major  05/08/92..........  09/27/95, 60 FR     Ref
                                   Source/Major                            49781.              52.2299(c)(97).
                                   Modification
                                   Emission
                                   Thresholds.
Section 101.1 Table II..........  Definitions--List   12/03/82..........  06/26/85, 50 FR     Ref
                                   of Synthetic                            26362.              52.2299(c)(61).
                                   Organic Chemicals.                                          Note: 52.2299(c)
                                                                                               (97)(i)(O) only
                                                                                               changed the table
                                                                                               # from Table I to
                                                                                               Table II.
Section 101.2...................  Multiple air        04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Contaminant                             16568.
                                   Sources or
                                   Properties.
Section 101.3...................  Circumvention.....  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.4...................  Nuisance..........  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.5...................  Traffic Hazard....  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.6...................  Notification        04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Requirements for                        16568.
                                   Major Upset.
Section 101.7...................  Notification        04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Requirements for                        16568.
                                   Maintenance.
Section 101.8...................  Sampling..........  12/11/73..........  01/27/82, 47 FR     Ref
                                                                           03767.              52.2299(c)(33).
Section 101.9...................  Sampling Ports....  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.10..................  Emission Inventory  10/15/92..........  08/26/94, 59 FR     Ref
                                   Requirements.                           44036.              52.2299(c)(82).
[[Page 550]]
Section 101.11..................  Exemptions from     04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Rules and                               16568.
                                   Regulations.
Section 101.12..................  Board Seal........  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.13..................  Use and Effect of   04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Rules.                                  16568.
Section 101.14..................  Sampling            04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Procedures and                          16568.
                                   Terminology.
Section 101.15..................  Petition for        04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Variance.                               16568.
Section 101.16..................  Effect of           04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Acceptance of                           16568.
                                   Variance or
                                   Permit.
Section 101.17..................  Transfers.........  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.18..................  Remedies            04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Cumulative.                             16568.
Section 101.19..................  Severability......  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.20..................  Compliance with     05/09/75..........  06/01/77, 42 FR     Rule 23 Ref,
                                   Environmental      07/26/85..........   27894.              52.2299(c)(10)
                                   Protection Agency                      06/24/92, 57 FR     Section 101.20(3),
                                   Standards.                              28093.              Ref
                                                                                               52.2299(c)(73).
                                                                                              (1) and (2) NOT IN
                                                                                               SIP.
Section 101.21..................  The National        05/09/75..........  06/01/77, 42 FR     Ref
                                   Primary and                             27894.              52.2299(c)(10).
                                   Secondary Air
                                   Quality Standards.
Section 101.22..................  Effective Date....  07/20/81..........  04/22/82, 47 FR     Ref
                                                                           17285.              52.2299(c)(31).
Section 101.30..................  Conformity of       11/22/94 and 08/21/ 03/11/98, 63 FR     Ref
                                   General and State   97.                 11833.              52.2299(c)(106).
                                   Actions to State
                                   Implementation
                                   Plans.
Section 101. Rule 16............  Invoking            04/13/73..........  6/22/73, 38 FR      Ref 52.2299(c)(7).
                                   Jurisdiction.                           16568.              Not in current
                                                                                               Texas General
                                                                                               Rules.
Section 101. Rule 19............  Initiation of       04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Review.                                 16568.              Not in current
                                                                                               Texas General
                                                                                               Rules.'<ls-thn-eq
                                                                                               >
           Chapter 111 (Reg 1)--Control of Air Pollution from Visible Emissions and Particulate Matter
----------------------------------------------------------------------------------------------------------------
                                             Part A--Outdoor Burning
----------------------------------------------------------------------------------------------------------------
Section 111.101.................  General             06/16/89..........  01/18/94, 59 FR     Ref
                                   Prohibition.                            02534.              52.2299(c)(79).
Section 111.103.................  Exceptions to       06/16/89..........  01/18/94, 59 FR     Ref
                                   Prohibition of                          02534.              52.2299(c)(79).
                                   Outdoor Burning.
Section 111.105.................  General             06/16/89..........  01/18/94, 59 FR     Ref
                                   Requirements for                        02534.              52.2299(c)(79).
                                   Allowable Outdoor
                                   Burning.
Section 111.107.................  Responsibility for  06/16/89..........  01/18/94, 59 FR     Ref 52.2299(c)(79)
                                   Consequences of                         02534.
                                   Outdoor Burning.
----------------------------------------------------------------------------------------------------------------
                                            Part B--Visible Emissions
----------------------------------------------------------------------------------------------------------------
Section 111.111.................  Requirements for    06/18/93..........  05/08/96, 61 FR     Ref
                                   Specified Sources.                      20734.              52.2299(c)(94).
Section 111.113.................  Alternative         06/16/89..........  05/08/96, 61 FR     Ref
                                   Opacity                                 20732.              52.2299(c)(94).
                                   Limitations.
----------------------------------------------------------------------------------------------------------------
                                              Part C--Incineration
----------------------------------------------------------------------------------------------------------------
Section 111.11..................  Single-Chamber      01/22/74..........  07/26/82, 47 FR     Ref
                                   Incinerator.                            32126.              52.2299(c)(44).
----------------------------------------------------------------------------------------------------------------
Section 111.12..................  Approval of         01/22/74..........  07/26/82, 47 FR     Ref
                                   Incinerators.                           32126.              52.2299(c)(44).
----------------------------------------------------------------------------------------------------------------
               Part E--Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots
----------------------------------------------------------------------------------------------------------------
Section 111.141.................  Geographic Areas    10/25/91..........  01/18/94, 59 FR     Ref
                                   of Application                          02534.              52.2299(c)(79).
                                   and Date of
                                   Compliance.
Section 111.143.................  Materials Handling  06/16/89..........  01/18/94, 59 FR     Ref
                                                                           02534.              52.2299(c)(79).
Section 111.145.................  Construction and    10/25/91..........  01/18/94, 59 FR     Ref
                                   Demolition.                             02534.              52.2299(c)(79).
Section 111.147.................  Roads, Streets,     10/25/91..........  01/18/94, 59 FR     Ref
                                   and Alleys.                             02534.              52.2299(c)(79).
[[Page 551]]
Section 111.149.................  Parking Lots......  06/16/89..........  01/18/94, 59 FR     Ref
                                                                           02534.              52.2299(c)(79).
----------------------------------------------------------------------------------------------------------------
                                           Part F--Particulate Matter
----------------------------------------------------------------------------------------------------------------
Section 111. Rule 105.1.........  Allowable Emission  01/28/72..........  05/31/72, 37 FR     Ref 52.2299(b).
                                   Limits.                                 10895.
Section 111. Rule 105.2.........  Ground Level        01/28/72..........  05/31/72, 37 FR     Ref 52.2299(b).
                                   Concentrations.                         10895.
Section 111. Rule 105.3.........  Emission Limits     01/28/72..........  05/31/72, 37 FR     Ref 52.2299(b).
                                   from Solid Fossil                       10895.
                                   Fuel Fired Steam
                                   Generators.
----------------------------------------------------------------------------------------------------------------
                             Part G--Particulate Matter From Agricultural Processes
----------------------------------------------------------------------------------------------------------------
Section 111.71..................  Applicability of    01/08/82..........  02/25/83, 48 FR     Ref
                                   Rules.                                  08073.              52.2299(c)(50).
Section 111.72..................  Process Weight      01/22/74..........  07/26/82, 47 FR     Ref
                                   Method.                                 32126.              52.2299(c)(44).
Section 111.73..................  Alternate Method..  01/22/74..........  07/26/82, 47 FR     Ref
                                                                           32126.              52.2299(c)(44).
Section 111.74..................  Failure to Select   01/22/74..........  07/26/82, 47 FR     Ref
                                   Alternate Method.                       32126.              52.2299(c)(44).
Section 111.75..................  Severability of     01/22/74..........  07/26/82, 47 FR     Ref
                                   Rules.                                  32126.              52.2299(c)(44).
Section 111.76..................  Compliance........  01/22/74..........  07/26/82, 47 FR     Ref
                                                                           32126.              52.2299(c)(44).
----------------------------------------------------------------------------------------------------------------
                                               Part H--Exemptions
----------------------------------------------------------------------------------------------------------------
Section 111.81..................  Exemption Policy..  01/08/82..........  02/25/83, 48 FR     Ref
                                                                           08073.              52.2299(c)(50).
Section 111.82..................  Requirements for    01/08/82..........  02/25/83, 48 FR     Ref
                                   Exemption.                              08073.              52.2299(c)(50).
Section 111.83..................  Extension of        01/08/82..........  02/25/83, 48 FR     Ref
                                   Exemption.                              08073.              52.2299(c)(50).
----------------------------------------------------------------------------------------------------------------
                                               Part I--Compliance
----------------------------------------------------------------------------------------------------------------
Section 111.92..................  Compliance Dates..  01/08/82..........  02/25/83, 48 FR     Ref
                                                                           08073.              52.2299(c)(50).No
                                                                                               te: NOT in
                                                                                               current State
                                                                                               Regulation.
                       Chapter 112 (Reg 2)--Control of Air Pollution From Sulfur Compounds
----------------------------------------------------------------------------------------------------------------
Section 112.1...................  Definitions.......  09/18/92..........  08/30/93, 58 FR     Ref
                                                                           45456.              52.2299(c)(76).
Section 112.2...................  Compliance,         09/18/92..........  08/30/93, 58 FR     Ref
                                   Reporting, and                          45456.              52.2299(c)(76).
                                   Recordkeeping.
Section 112.3...................  Net Ground Level    09/18/92..........  08/30/93, 58 FR     Ref
                                   Concentrations.                         45456.              52.2299(c)(76).
Section 112.4...................  Net Ground Level    09/18/92..........  08/30/93, 58 FR     Ref
                                   Concentrations--E                       45456.              52.2299(c)(76).
                                   xemption
                                   Conditions.
Section 112.5...................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref
                                   Rates--Sulfuric                         45456.              52.2299(c)(76).
                                   Acid Plant
                                   Burning Elemental
                                   Sulfur.
Section 112.6...................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref
                                   Rates--Sulfuric                         45456.              52.2299(c)(76).
                                   Acid Plant.
Section 112.7...................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref
                                   Rates--Sulfur                           45456.              52.2299(c)(76).
                                   Recovery Plant.
Section 112.8...................  Allowable           09/18/92..........  02/18/97, 62 FR     Ref
                                   Emissions Rates                         07163.              52.2299(c)(101).
                                   from Solid Fossil
                                   Fuel-Fired Steam
                                   Generators.
Section 112.9...................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref
                                   Rates--Combustion                       45456.              52.2299(c)(76).
                                   of Liquid Fuel.
Section 112.14..................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref
                                   Rates--Nonferrous                       45456.              52.2299(c)(76).
                                   Smelter Processes.
Section 112.15..................  Temporary Fuel      09/18/92..........  08/30/93, 58 FR     Ref
                                   Shortage Plan                           45456.              52.2299(c)(76).
                                   Filing
                                   Requirements.
Section 112.16..................  Temporary Fuel      09/18/92..........  08/30/93, 58 FR     Ref
                                   Shortage Plan                           45456.              52.2299(c)(76).
                                   Operating
                                   Requirements.
[[Page 552]]
Section 112.17..................  Temporary Fuel      09/18/92..........  08/30/93, 58 FR     Ref 52.2299(c)(76)
                                   Shortage Plan                           45456.
                                   Notification
                                   Procedures.
Section 112.18..................  Temporary Fuel      09/18/92..........  08/30/93, 58 FR     Ref 52.2299(c)(76)
                                   Shortage Plan                           45456.
                                   Reporting
                                   Requirements.
Section 112.19..................  Application for     09/18/92..........  08/30/93, 58 FR     Ref 52.2299(c)(76)
                                   Area Control Plan.                      45456.
Section 112.20..................  Exemption           09/18/92..........  08/30/93, 58 FR     Ref 52.2299(c)(76)
                                   Procedure.                              45456.
Section 112.21..................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref 52.2299(c)(76)
                                   Rates Under Area                        45456.
                                   Control Plan.
Section 112.41 to 112.47........  Control of          05/12/89..........  ..................  NOT in SIP but is
                                   Sulfuric Acid.                                              a part of the EPA
                                                                                               approved Texas
                                                                                               111(d) Plan
Section 112.51 to 112.59........  Control of Total    05/12/89..........  ..................  NOT in SIP but is
                                   Reduced Sulfur                                              a part of the EPA
                                   (TRS).                                                      approved Texas
                                                                                               111(d) Plan.
----------------------------------------------------------------------------------------------------------------
                       Chapter 113 (Reg 3)--Control of Air Pollution From Toxic Materials
----------------------------------------------------------------------------------------------------------------
                                   Subchapter B--Lead from Stationary Sources
                                      Nonferrous Smelters in El Paso County
----------------------------------------------------------------------------------------------------------------
Section 113.31..................  Maintenance and     08/21/97..........  10/23/98, 63 FR     Ref
                                   Operation of                            56083.              52.2299(c)(114).
                                   Control Equipment.
Section 113.32..................  Areas Accessible    08/21/97..........  10/23/98, 63 FR     Ref
                                   to the General                          56083.              52.2299(c)(114)
                                   Public.
Section 113.33..................  Control of          08/21/97..........  10/23/98, 63 FR     Ref
                                   Fugitive Dust.                          56083.              52.2299(c)(114).
Section 113.34..................  Materials Handling  08/21/97..........  10/23/98, 63 FR     Ref
                                   and Transfer.                           56083.              52.2299(c)(114).
Section 113.35..................  Smelting of Lead..  08/21/97..........  10/23/98, 63 FR     Ref
                                                                           56083.              52.2299(c)(114).
Section 113.36..................  Smelting of Copper  08/21/97..........  10/23/98, 63 FR     Ref
                                   and Zinc.                               56083.              52.2299(c)(114).
Section 113.37..................  Lead Emissions      08/21/97..........  10/23/98, 63 FR     Ref
                                   Limits for Stacks.                      56083.              52.2299(c)(114).
----------------------------------------------------------------------------------------------------------------
                                         Lead Smelters in Dallas County
----------------------------------------------------------------------------------------------------------------
Section 113.41..................  Maintenance and     08/21/97..........  10/23/98, 63 FR     Ref
                                   Operation of                            56083.              52.2299(c)(114).
                                   Control Equipment.
Section 113.42..................  Storage of Lead-    08/21/97..........  10/23/98, 63 FR     Ref
                                   Containing                              56083.              52.2299(c)(114).
                                   Materials.
Section 113.43..................  Transport of        08/21/97..........  10/23/98, 63 FR     Ref
                                   Materials.                              56083.              52.2299(c)(114).
Section 113.44..................  Fugitive Emissions  08/21/97..........  10/23/98, 63 FR     Ref
                                   from Lead                               56083.              52.2299(c)(114).
                                   Processes.
Section 113.45..................  Battery or Lead     08/21/97..........  10/23/98, 63 FR     Ref
                                   Reclaiming                              56083.              52.2299(c)(114).
                                   Operations.
Section 113.46..................  Lead Emission       08/21/97..........  10/23/98, 63 FR     Ref
                                   Limits for                              56083.              52.2299(c)(114).
                                   Reverberatory
                                   Furnaces and
                                   Blast Furnaces.
Section 113.47..................  Control of          08/21/97..........  10/23/98, 63 FR     Ref
                                   Fugitive Dust.                          56083.              52.2299(c)(114).
Section 113.48..................  Additional          08/21/97..........  10/23/98, 63 FR     Ref
                                   measures to                             56083.              52.2299(c)(114).
                                   Reduce lead
                                   Emissions.
----------------------------------------------------------------------------------------------------------------
                                    Compliance and Control Plan Requirements
----------------------------------------------------------------------------------------------------------------
Section 113.61..................  Compliance with     08/21/97..........  10/23/98, 63 FR     Ref
                                   Other Rules in El                       56083.              52.2299(c)(114).
                                   Paso County.
Section 113.62..................  Dates for Control   08/21/97..........  10/23/98, 63 FR     Ref
                                   Plan Submission                         56083.              52.2299(c)(114).
                                   and for Final
                                   Compliance in El
                                   Paso County.
[[Page 553]]
Section 113.63..................  Control Plan        08/21/97..........  10/23/98, 63 FR     Ref
                                   Procedure in El                         56083.              52.2299(c)(114).
                                   Paso County.
Section 113.64..................  Reporting           08/21/97..........  10/23/98, 63 FR     Ref
                                   Procedure in El                         56083.              52.2299(c)(114).
                                   Paso County.
Section 113.65..................  Compliance with     08/21/97..........  10/23/98, 63 FR     Ref
                                   Other Rules in                          56083.              52.2299(c)(114).
                                   Dallas County.
Section 113.66..................  Dates for Control   08/21/97..........  10/23/98, 63 FR     Ref
                                   Plan Submission                         56083.              52.2299(c)(114).
                                   and for Final
                                   Compliance in
                                   Dallas County.
Section 113.67..................  Control Plan        08/21/97..........  10/23/98, 63 FR     Ref
                                   Procedure in                            56083.              52.2299(c)(114).
                                   Dallas County.
Section 113.68..................  Reporting           08/21/97..........  10/23/98, 63 FR     Ref
                                   Procedure in                            56083.              52.2299(c)(114).
                                   Dallas County.
----------------------------------------------------------------------------------------------------------------
                        Chapter 114 (Reg 4)--Control of Air Pollution From Motor Vehicles
----------------------------------------------------------------------------------------------------------------
Section 114.1...................  Maintenance and     09/30/85..........  02/09/89, 54 FR     Ref 52.2299
                                   Operation of Air                        06287.              (c)(66).
                                   Pollution Control
                                   Systems or
                                   Devices Used to
                                   Control Emissions
                                   from Motor
                                   Vehicles.
Section 114.3...................  Vehicle Emissions   11/12/93..........  08/22/94, 59 FR     Ref 52.2299
                                   Inspection and                          43046.              (c)(87).
                                   Maintenance
                                   Program.
Section 114.5...................  Exclusions and      09/30/85..........  02/09/89, 54 FR     Ref 52.2299
                                   Exceptions.                             06287.              (c)(66).
Section 114.13..................  Oxygenated Fuels..  10/23/92..........  09/12/94, 59 FR     Ref 52.2299
                                                                           46766.              (c)(84).
Section 114.260.................  Transportation      12/10/98..........  7/8/99, 64 FR       1. No action is
                                   Conformity.                             36794.              taken on the
                                                                                               portions of 30
                                                                                               TAC 114.260 that
                                                                                               contain 40 CFR
                                                                                               93.102(c),
                                                                                               93.104(d)
                                                                                               ,93.109(c)-(f),
                                                                                               93.118(e),
                                                                                               93.120(a)(2),
                                                                                               93.121(a)(1), and
                                                                                               93.124(b).
                                                        ................                      2. TNRCC order
                                                                                               (Docket No.98-
                                                                                               0418 RUL)
                                                                                               November 23,
                                                                                               1998.
----------------------------------------------------------------------------------------------------------------
        Texas Department of Transportation Regulation--31 TAC Chapter 17--Vehicle Titles and Registration
----------------------------------------------------------------------------------------------------------------
Section 17.80...................  Vehicle Emissions   11/09/93..........  08/22/94, 59 FR     Ref 52.2299
                                   Verification                            43046.              (c)(87)(i)(F).
                                   System.
----------------------------------------------------------------------------------------------------------------
                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 115.010.................  Definitions.......  11/10/93..........  05/22/97, 62 FR     Ref 52.2299
                                                                           27964.              (c)(104).
Section 115.010 Table 1.........  Definitions:        11/10/93..........  05/22/97, 62 FR     Ref 52.2299
                                   Synthetic Organic                       27964.              (c)(104).
                                   Chemicals.
----------------------------------------------------------------------------------------------------------------
                             Subchapter B--General Volatile Organic Compound Sources
----------------------------------------------------------------------------------------------------------------
Section 115.112 to 115.119......  Storage of          05/08/92..........  03/07/95, 60 FR     Ref 52.2299
                                   Volatile Organic                        12438.              (c)(88).
                                   Compounds.
[[Page 554]]
                                                Vent Gas Control
----------------------------------------------------------------------------------------------------------------
Section 115.121.................  Emission            03/21/99..........  04/06/00, 65 FR     Ref--52.2270(c)(10
                                   Specifications.                         18007.              4), Approved as
                                                                                               RACT for the D/FW
                                                                                               1-hr ozone area
                                                                                               only.
Section 115.122.................  Control             03/21/99..........  04/06/00, 65 FR     Ref--52.2270(c)(10
                                   Requirements.                           18007.              4), Approved as
                                                                                               RACT for the D/FW
                                                                                               1-hr ozone area
                                                                                               only.
Section 115.123.................  Alternate Control   03/21/99..........  04/06/00, 65 FR     Ref--52.2270(c)(10
                                   Requirements.                           18007.              4), Approved as
                                                                                               RACT for the D/FW
                                                                                               1-hr ozone area
                                                                                               only.
Section 115.125.................  Testing             03/21/99..........  04/06/00, 65 FR     Ref--52.2270(c)(10
                                   Requirements.                           18007.              4), Approved as
                                                                                               RACT for the D/FW
                                                                                               1-hr ozone area
                                                                                               only.
Section 115.126.................  Monitoring and      03/21/99..........  04/06/00, 65 FR     Ref--52.2270(c)(10
                                   Recordkeeping                           18008.              4), Approved as
                                   Requirements.                                               RACT for the D/FW
                                                                                               1-hr ozone area
                                                                                               only.
Section 115.127.................  Exemptions........  03/21/99..........  04/06/00, 65 FR     Ref--52.2270(c)(10
                                                                           18008.              4), Approved as
                                                                                               RACT for the D/FW
                                                                                               1-hr ozone area
                                                                                               only.
Section 115.129.................  Counties and        03/21/99..........  04/06/00, 65 FR     Ref--52.2270(c)(10
                                   Compliance                              18008.              4), Approved as
                                   Schedule.                                                   RACT for the D/FW
                                                                                               1-hr ozone area
                                                                                               only.
Section 115.131 to 115.139......  Water Separation..  05/04/94..........  05/22/97, 62 FR     Ref 52.2299
                                                                           27964.              (c)(104).
Section 115.140 to 115.149......  Industrial          05/04/94..........  05/22/97, 62 FR     Ref 52.2299
                                   Wastewater.                             27964.              (c)(104).
Section 115.152 to 115.159......  Municipal Solid     05/04/94..........  05/22/97, 62 FR     Ref 52.2299
                                   Waste Landfills.                        27964.              (c)(104).
----------------------------------------------------------------------------------------------------------------
                           Subchapter C--Volatile Organic Compound Transfer Operations
----------------------------------------------------------------------------------------------------------------
Section 115.211 to 115.219......  Loading and         05/04/94..........  05/22/97, 62 FR     Ref 52.2299
                                   Unloading of                            27964.              (c)(104).
                                   Volatile Organic
                                   Compounds.
Section 115.220*................  Filling of          03/30/79..........  11/10/82, 47 FR     Ref
                                   Gasoline Storage                        50866.              52.2299(c)(48).
                                   Vessels (Stage I)                                           The number 220*
                                   for Motor                                                   was created to
                                   Vehicles Fuel                                               avoid duplicate
                                   Dispensing                                                  sections numbers
                                   Facilities in                                               in the SIP. There
                                   Bexar County.                                               is no section
                                                                                               115.220 in the
                                                                                               current SIP
                                                                                               approved
                                                                                               codification.
Section 115.221 to 115.229......  Filling of          05/05/94..........  05/22/97, 62 FR     Ref
                                   Gasoline Storage                        27964.              52.2299(c)(104).
                                   Vessels (Stage I)
                                   for Motor
                                   Vehicles Fuel
                                   Dispensing
                                   Facilities.
Section 115.234 to 115.239......  Control of          05/05/94..........  05/22/97, 62 FR     Ref
                                   Volatile Organic                        27964.              52.2299(c)(104).
                                   Compound Leaks
                                   from Transport
                                   Vessels.
Section 115.241 to 115.249......  Control of Vehicle  05/05/94..........  05/22/97, 62 FR     Ref
                                   Refueling                               27964.              52.2299(c)(104.)
                                   Emissions (Stage
                                   II) at Motor
                                   Vehicle Fuel
                                   Dispensing
                                   Facilities.
Section 115.252 to 115.259......  Control of Reid     05/04/94..........  05/22/97, 62 FR     Ref
                                   Vapor Pressure of                       27964.              52.2299(c)(104).
                                   Gasoline.
----------------------------------------------------------------------------------------------------------------
[[Page 555]]
                          Subchapter D--Petroleum Refining and Petrochemical Processes
----------------------------------------------------------------------------------------------------------------
Section 115.311 to 115.319......  Process Unit        05/08/92..........  03/07/95, 60 FR     Ref
                                   Turnaround and                          12438.              52.2299(c)(88).
                                   Vacuum-producing
                                   Systems in
                                   Petroleum
                                   Refineries.
Section 115.322 to 115.329......  Fugitive Emission   05/08/92..........  03/07/95, 60 FR     Ref
                                   Control in                              12438.              52.2299(c)(88).
                                   Petroleum
                                   Refineries.
Section 115.332 to 115.339......  Fugitive Emission   05/08/92..........  03/07/95, 60 FR     Ref
                                   Control in                              12438.              52.2299(c)(88).
                                   Synthetic Organic
                                   Chemical,
                                   Polymer, Resin,
                                   and Methyl Tert-
                                   Butyl Ether
                                   Manufacturing
                                   Processes.
Section 115.342 to 115.349......  Fugitive Emission   05/08/92..........  03/07/95, 60 FR     Ref
                                   Control in                              12438.              52.2299(c)(88).
                                   Natural Gas/
                                   Gasoline
                                   Processing
                                   Operations.
Section 115.352 to 115.359......  Fugitive Emission   05/04/94..........  05/22/97, 62 FR     Ref
                                   Control in                              27964.              52.2299(c)(104).
                                   Petroleum
                                   Refining and
                                   Petrochemical
                                   Processes.
----------------------------------------------------------------------------------------------------------------
                                      Subchapter E--Solvent-Using Processes
----------------------------------------------------------------------------------------------------------------
Section 115.412 to 115.419......  Degreasing and      05/04/94..........  05/22/97, 62 FR     Ref
                                   Clean-up                                27964.              52.2299(c)(104).
                                   Processes.
Section 115.421 to 115.429......  Surface Coating     05/04/94..........  05/22/97, 62 FR     Ref
                                   Processes.                              27964.              52.2299(c)(104).
Section 115.432 to 115.439......  Graphic Arts        05/04/94..........  05/22/97, 62 FR     Ref
                                   (Printing) by                           27964.              52.2299(c)(104).
                                   Rotogravure and
                                   Flexographic
                                   Processes.
                                          Offset Lithographic Printing
----------------------------------------------------------------------------------------------------------------
Section 115.440.................  Definitions.......  03/21/99..........  04/06/00, 65 FR     New.
                                                                           18008.
Section 115.443.................  Alternate Control   03/21/99..........  04/06/00, 65 FR     Ref--52.2270(c)(10
                                   Requirements.                           18008.              4),
                                                                                               52.2270(c)(105)
                                                                                               (i)(P), Approved
                                                                                               as RACT for the D/
                                                                                               FW 1-hr ozone
                                                                                               area only.
Section 115.446.................  Monitoring and      03/21/99..........  04/06/00, 65 FR     Ref--52.2270(c)(10
                                   Recordkeeping                           18008.              4),
                                   Requirements.                                               52.2270(c)(105)
                                                                                               (i)(P), Approved
                                                                                               as RACT for the D/
                                                                                               FW 1-hr ozone
                                                                                               area only.
Section 115.449.................  Counties and        03/21/99..........  04/06/00, 65 FR     Ref--52.2270(c)(10
                                   Compliance                              18008.              4),
                                   Schedules.                                                  52.2270(c)(105)
                                                                                               (i)(P), Approved
                                                                                               as RACT for the D/
                                                                                               FW 1-hr ozone
                                                                                               area only.
Section 115.442 to 115.449......  Offset              05/04/94..........  05/22/97, 62 FR     Ref
                                   Lithographic                            27964.              52.2299(c)(104).
                                   Printing.
----------------------------------------------------------------------------------------------------------------
                                 Subchapter F--Miscellaneous Industrial Sources
----------------------------------------------------------------------------------------------------------------
Section 115.510.................  Definitions.......  08/18/99..........  12/22/99, 64 FR     ..................
                                                      08/31/99..........   71670.
Section 115.512.................  Control             08/18/99..........  12/22/99, 64 FR     ..................
                                   Requirements.      08/31/99..........   71670.
Section 115.513.................  Alternative         08/18/99..........  12/22/99, 64 FR     ..................
                                   Control            08/31/99..........   71670.
                                   Requirements.
Section 115.515.................  Testing             08/18/99..........  12/22/99, 64 FR     ..................
                                   Requirements.      08/31/99..........   71670.
Section 115.516.................  Recordkeeping       08/18/99..........  12/22/99, 64 FR     ..................
                                   Requirements.      08/31/99..........   71670.
Section 115.517.................  Exemptions........  05/08/92..........  03/07/95, 60 FR     Ref
                                                                           12438.              52.2299(c)(88).
Section 115.519.................  Counties and        05/08/92..........  03/07/95, 60 FR     Ref
                                   Compliance                              12438.              52.2299(c)(88).
                                   Schedules.
[[Page 556]]
Section 115.531 to 115.539......  Pharmaceutical      05/04/94..........  05/22/97, 62 FR     Ref
                                   Manufacturing                           27964.              52.2299(c)(104).
                                   Facilities.
Section 115.541 to 115.549......  Degassing or        05/04/94..........  05/22/97, 62 FR     Ref
                                   Cleaning of                             27964.              52.2299(c)(104).
                                   Stationary,
                                   Marine, and
                                   Transport Vessels.
Section 115.552 to 115.559......  Petroleum Dry       05/04/94..........  05/22/97, 62 FR     Ref
                                   Cleaning Systems.                       27964.              52.2299(c)(104).
----------------------------------------------------------------------------------------------------------------
                                     Subchapter G--Consumer-Related Sources
----------------------------------------------------------------------------------------------------------------
Section 115.600 to 115.619......  Consumer Products.  08/26/98..........  11/12/99, 64 FR
                                                                           61526.
  Subchapter J--Administrative
           Provisions
----------------------------------------------------------------------------------------------------------------
Section 115.901 to 115.916......  Alternate Means of  07/13/94..........  05/22/97, 62 FR     Ref
                                   Control.                                27964.              52.2299(c)(104).
Section 115.920 to 115.923......  Early Reductions..  07/13/94..........  05/22/97, 62 FR     Ref
                                                                           27964.              52.2299(c)(104).
Section 115.930 to 115.940......  Compliance and      11/10/93..........  05/22/97, 62 FR     Ref
                                   Control Plan                            27964.              52.2299(c)(104).
                                   Requirements.
Section 115.950.................  Standard Permits..  11/10/93..........  05/22/97, 62 FR     Ref
                                                                           27964.              52.2299(c)(104).
----------------------------------------------------------------------------------------------------------------
          Chapter 116 (Reg 6)--Control of Air Pollution By Permits For New Construction Or Modification
----------------------------------------------------------------------------------------------------------------
Section 116.01..................  Permit              09/20/91..........  09/27/95, 60 FR     Ref
                                   Requirements.                           49788.              52.2299(c)(97).
Section 116.02..................  Responsibility for  07/26/85..........  09/27/95, 60 FR     Ref
                                   Obtaining Permit                        49788.              52.2299(c)(97).
                                   or Exemption.
Section 116.03..................  Consideration for   08/16/93..........  08/19/97, 62 FR     Ref
                                   Granting a Permit                       44087.              52.2299(c)(102).
                                   to Construct and                                            Note: (a)(9),
                                   Operate.                                                    (11), (12), and
                                                                                               (c)(2), (c)(3)(d)
                                                                                               and (e) NOT in
                                                                                               SIP.
Section 116.04..................  Special Conditions  06/10/83..........  08/13/84, 49 FR
                                                                           32181 Ref
                                                                           52.2299(c)(59)..
Section 116.05..................  Representation in   08/11/89..........  09/27/95, 60 FR     Ref
                                   Application for                         49788.              52.2299(c)(97).
                                   Permit or
                                   Exemption.
Section 116.06..................  Exemptions........  03/27/75..........  08/13/82, 47 FR     Ref
                                                                           35193.              52.2299(c)(36).
Section 116.07..................  Request for         03/27/75..........  08/13/82, 47 FR     Ref
                                   Exemptions.                             35193.              52.2299(c)(36).
Section 116.08..................  Local Air           03/27/75..........  08/13/82, 47 FR     Ref
                                   Pollution Control                       35193.              52.2299(c)(36).
                                   Agencies.
Section 116.10..................  Public              10/16/92..........  09/27/95, 60 FR     Ref
                                   Notification and                        49788.              52.2299(c)(97).
                                   Comment Procedure.
Section 116.11..................  .Permit Fees......  08/16/93..........  08/19/97, 62 FR     Ref
                                                                           44083.              52.2299(c)(102).
                                                                                               Note:
                                                                                               116.11(b)(1)-(4)
                                                                                               NOT in SIP.
Section 116.14..................  Compliance History  10/16/92..........  09/27/95, 60 FR     Ref
                                   Requirements.                           49788.              52.2299(c)(97).
----------------------------------------------------------------------------------------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 116.010.................  General             08/16/93..........  08/19/97, 62 FR     Ref
                                   Definitions.                            44087.              52.2299(c)(102).
----------------------------------------------------------------------------------------------------------------
                                     Subchapter B--New Source Review Permits
                                                   Permit Fees
----------------------------------------------------------------------------------------------------------------
Section 116.141.................  Determination of    08/16/93..........  08/19/97, 62 FR     Ref
                                   Fees.                                   44083.              52.2299(c)(102)
                                                                                               Note: 141(b) NOT
                                                                                               in SIP.
----------------------------------------------------------------------------------------------------------------
                                 Prevention of Significant Deterioration Review
----------------------------------------------------------------------------------------------------------------
Section 116.160.................  Prevention of       03/01/95..........  08/19/97, 62 FR     Ref
                                   Significant                             44083.              52.2299(c)(102).
                                   Deterioration
                                   Review
                                   Requirements.
[[Page 557]]
Section 116.161.................  Source Located in   08/16/93..........  08/19/97, 62 FR     Ref
                                   an Attainment                           44083.              52.2299(c)(102).
                                   Area with Greater
                                   than De Minimis
                                   Impact.
Section 116.162.................  Evaluation of Air   08/16/93..........  08/19/97, 62 FR     Ref
                                   Quality Impacts.                        44083.              52.2299(c)(102).
Section 116.163.................  Prevention of       08/16/93..........  08/19/97, 62 FR     Ref
                                   Significant                             44083.              52.2299(c)(102).
                                   Deterioration
                                   Permit Fees.
----------------------------------------------------------------------------------------------------------------
                      Chapter 117 (Reg 7)--Control Of Air Pollution From Nitrogen Compounds
                                                  Subchapter A
----------------------------------------------------------------------------------------------------------------
Section 117.10..................  Definitions.......  05/25/94..........  03/3/00, 65 FR
                                                                           11474.
----------------------------------------------------------------------------------------------------------------
                              Subchapter B: Division 1--Utility Electric Generation
----------------------------------------------------------------------------------------------------------------
Section 117.101.................  Applicability.....  5/20/98...........  03/3/00, 65 FR
                                                                           11474.
Section 117.103.................  Exemptions........  05/25/94..........  03/3/00, 65 FR
                                                                           11474.
Section 117.105.................  Emission            05/20/98..........  03/3/00, 65 FR
                                   Specifications.                         11474.
Section 117.107.................  Alternative System- 05/25/94..........  03/3/00, 65 FR
                                   Wide Emission                           11474.
                                   Specifications.
Section 117.109.................  Initial Control     05/25/94..........  03/3/00, 65 FR
                                   Plan Procedures.                        11474.
Section 117.111.................  Initial             05/25/94..........  03/3/00, 65 FR
                                   Demonstration of                        11474.
                                   Compliance.
Section 117.113.................  Continuous          05/20/98..........  03/3/00, 65 FR
                                   Demonstration of                        11474.
                                   Compliance.
Section 117.115.................  Final Control Plan  05/25/94..........  03/3/00, 65 FR
                                   Procedures.                             11474.
Section 117.117.................  Revision of Final   05/25/94..........  03/3/00, 65 FR
                                   Control Plan.                           11474.
Section 117.119.................  Notification,       05/25/94..........  03/3/00, 65 FR
                                   Recordkeeping,                          11474.
                                   and Reporting
                                   Requirements.
Section 117.121.................  Alternative Case    05/25/94..........  03/3/00, 65 FR
                                   Specific                                11474.
                                   Specifications.
----------------------------------------------------------------------------------------------------------------
                          Division 2--Commercial, Institutional, and Industrial Sources
----------------------------------------------------------------------------------------------------------------
Section 117.201.................  Applicability.....  05/11/93..........  03/3/00, 65 FR
                                                                           11474.
Section 117.203.................  Exemptions........  05/25/94..........  03/3/00, 65 FR
                                                                           11474.
Section 117.205.................  Emission            05/20/98..........  03/3/00, 65 FR
                                   Specifications.                         11474.
Section 117.207.................  Alternative Plant-  05/25/94..........  03/3/00, 65 FR
                                   Wide Emission                           11474.
                                   Specifications.
Section 117.208.................  Operating           05/25/94..........  03/3/00, 65 FR
                                   Requirements.                           11474.
Section 117.209.................  Initial Control     05/25/94..........  03/3/00, 65 FR
                                   Plan Procedures.                        11474.
Section 117.211.................  Initial             05/20/98..........  03/3/00, 65 FR
                                   Demonstration of                        11474.
                                   Compliance.
Section 117.213.................  Continuous          05/20/98..........  03/3/00, 65 FR
                                   Demonstration of                        11474.
                                   Compliance.
Section 117.215.................  Final Control Plan  05/25/94..........  03/3/00, 65 FR
                                   Procedures.                             11474.
Section 117.217.................  Revision of Final   05/25/94..........  03/3/00, 65 FR
                                   Control Plan.                           11474.
Section 117.219.................  Notification,       05/25/94..........  03/3/00, 65 FR
                                   Recordkeeping,                          11474.
                                   and Reporting
                                   Requirements.
Section 117.221.................  Alternative Case    05/25/94..........  03/3/00, 65 FR
                                   Specific                                11474.
                                   Specifications.
Section 117.223.................  Source Cap........  05/20/98..........  03/3/00, 65 FR
                                                                           11474.
----------------------------------------------------------------------------------------------------------------
                               Subchapter C: Division 1--Adipic Acid Manufacturing
----------------------------------------------------------------------------------------------------------------
Section 117.301.................  Applicability.....  05/20/98..........  03/3/00, 65 FR
                                                                           11474.
Section 117.309.................  Control Plan        05/20/98..........  03/3/00, 65 FR
                                   Procedures.                             11474.
[[Page 558]]
Section 117.311.................  Initial             05/25/94..........  03/3/00, 65 FR
                                   Demonstration of                        11474.
                                   Compliance.
Section 117.313.................  Continuous          05/25/94..........  03/3/00, 65 FR
                                   Demonstration of                        11475.
                                   Compliance.
Section 117.319.................  Notification,       05/25/94..........  03/3/00, 65 FR
                                   Recordkeeping,                          11475.
                                   and Reporting
                                   Requirements.
Section 117.321.................  Alternative Case    05/25/94..........  03/3/00, 65 FR
                                   Specific                                11475.
                                   Specifications.
----------------------------------------------------------------------------------------------------------------
                        Division 2--Nitric Acid Manufacturing--Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 117.401.................  Applicability.....  05/20/98..........  03/3/00, 65 FR
                                                                           11475.
Section 117.409.................  Control Plan        05/20/98..........  03/3/00, 65 FR
                                   Procedures.                             11475.
Section 117.411.................  Initial             05/25/94..........  03/3/00, 65 FR
                                   Demonstration of                        11475.
                                   Compliance.
Section 117.413.................  Continuous          05/25/94..........  03/3/00, 65 FR
                                   Demonstration of                        11475.
                                   Compliance.
Section 117.421.................  Alternative Case    05/25/94..........  03/3/00, 65 FR
                                   Specific                                11475.
                                   Specifications.
----------------------------------------------------------------------------------------------------------------
                                 Division 2--Nitric Acid Manufacturing--General
----------------------------------------------------------------------------------------------------------------
Section 117.451.................  Applicability.....  05/20/98..........  03/3/00, 65 FR
                                                                           11475.
Section 117.458.................  Applicability of    05/20/98..........  03/3/00, 65 FR
                                   Federal New                             11475.
                                   Source
                                   Performance
                                   Standards.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter D Administrative Provisions
----------------------------------------------------------------------------------------------------------------
Section 117.510.................  Compliance          05/20/98..........  03/3/00, 65 FR
                                   Schedule for                            11475.
                                   Utility Electric
                                   Generation.
Section 117.520.................  Compliance          05/20/98..........  03/3/00, 65 FR
                                   Schedule for                            11475.
                                   Commercial,
                                   Institutional,
                                   and Industrial
                                   Combustion
                                   Sources.
Section 117.530.................  Compliance          05/20/98..........  03/3/00, 65 FR
                                   Schedule for                            11475.
                                   Nitric Acid and
                                   Adipic Acid
                                   Manufacturing
                                   Sources.
Section 117.540.................  Phased Reasonably   05/20/98..........  03/3/00, 65 FR
                                   Available Control                       11475.
                                   Technology.
Section 117.560.................  Rescission........  05/25/94..........  03/3/00, 65 FR
                                                                           11475.
Section 117.570.................  Trading...........  05/25/94..........  03/3/00, 65 FR
                                                                           11475.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter E Gas-Fired Steam Generation
----------------------------------------------------------------------------------------------------------------
Section 117.601.................  Gas-Fired Steam     05/20/98..........  03/3/00, 65 FR
                                   Generation.                             11475.
----------------------------------------------------------------------------------------------------------------
                             CHAPTER 118 (REG 8)--CONTROL OF AIR POLLUTION EPISODES
----------------------------------------------------------------------------------------------------------------
Section 118.1...................  Generalized Air     04/14/89..........  09/06/90, 55 FR     Ref
                                   Pollution                               36632.              52.2299(c)(71).
                                   Episodes.
Section 118.2...................  Provisions          07/17/87..........  09/06/90, 55 FR     Ref
                                   Governing                               36632.              52.2299(c)(71).
                                   Generalized
                                   Episode Control.
Section 118.3...................  Localized Air       07/17/87..........  09/06/90, 55 FR     Ref
                                   Pollution                               36632.              52.2299(c)(71).
                                   Episodes.
Section 118.4...................  Hearings..........  07/17/87..........  09/06/90, 55 FR     Ref
                                                                           36632..             52.2299(c)(71).
Section 118.5...................  Emission Reduction  04/14/89..........  09/06/90, 55 FR     Ref
                                   Plan.                                   36632..             52.2299(c)(71).
[[Page 559]]
Section 118.6...................  Texas Air           07/17/87..........  09/06/90, 55 FR     Ref
                                   Pollution Episode                       36632.              52.2299(c)(71).
                                   Contingency Plan
                                   and Emergency
                                   Management Center.
----------------------------------------------------------------------------------------------------------------
    (d) EPA-Approved State Source-Specific Requirements.
[[Page 560]]
                                 EPA-Approved Texas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                   Permit or Order      State Effective
         Name of Source                 Number               Date          EPA Approval Date       Comments
----------------------------------------------------------------------------------------------------------------
Gould National Battery,          Order Nos. 92-       9/3/92, 6/2/93, 7/  11/29/94, 11/29/    92-09(k) and 93-12
 Incorporated.                    09(k), 93-12, 99-    8/99,               94, October 13,     were incorporated
                                  0351-SIP.            respectively.       1999,               by reference in
                                                                           respectively.       our approval of
                                                                                               the lead SIP on
                                                                                               11/29/94, (59 FR
                                                                                               60905).
----------------------------------------------------------------------------------------------------------------
[[Page 561]]
    (e) EPA approved nonregulatory provisions and quasi-regulatory
measures.
                                     EPA Approved Statutes in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                           State approval/
            Title/Subject                   submittal date         EPA approval date             Comments
----------------------------------------------------------------------------------------------------------------
Texas Clean Air Act (Article 4477-5),  01/28/72...............  05/31/72, 37 FR 10895..  As amended by S.B. 48
 Vernon's Texas Civil Statutes.                                                           of 1969.
Article 698d Air Pollution, Penal      01/28/72...............  05/31/72, 37 FR 10895..  As amended by S.B. No.
 Code of Texas, 1925.                                                                     5 of 1969.
House Bill 322.......................  01/28/72...............  05/31/72, 37 FR 10895..  As passed by the 62nd
                                                                                          Legislature of Texas,
                                                                                          amending the Texas
                                                                                          Clean Act regarding
                                                                                          permits for
                                                                                          construction or
                                                                                          modification of
                                                                                          facilities.
Texas Clean Air (Tex. Rev. Civ. Stat.  07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 Ann. Art. 4477-5) as amended June
 13, 1979.
Air Pollution (Tex. Rev. Civ. Stat.    07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 Ann. Art. 4477-5b) as amended
 January 1, 1974.
Texas Administrative Procedure and     07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 Texas Register Act.
(Tex. Rev. Civ. Stat. Ann. Art. 6252-  07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 13a) effective January 1, 1976.
Texas Open Record Act (Tex. Rev. Civ.  07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 Stat. Ann. Art. 6252-17a) as amended
 May 27, 1975.
Standards of Conduct of State          07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 Officers and Employees (Tex. Rev.
 Civ. Stat. Ann. Art. 6252-9b)
 effective January 1, 1974.
Department of Public Safety and Texas  11/9/84................  06/26/85, 50 FR 26362..  Ref 52.2299(c)(61).
 Air Control Board Rules and
 Regulations, Texas Vehicle
 Inspection Act Article XV.
----------------------------------------------------------------------------------------------------------------
    Documentation to Authorize and Support the Implementation and Enforcement of the Texas Vehicle parameter
               Inspection and Maintenance Program, Appendix X, containing the following documents:
----------------------------------------------------------------------------------------------------------------
A. Senate Bill 1205..................  11/9/84................  06/26/85, 50 FR 26362..  Ref 52.2299(c)(61).
B. Letters of Commitment from Texas    11/9/84................  06/26/85, 50 FR 26362..  Ref 52.2299(c)(61).
 Department of Public Safety City of
 Houston Police Department and Harris
 County Sheriff.
C. Parameter Vehicle Emission          11/9/84................  06/26/85, 50 FR 26362..  Ref 52.2299(c)(61).
 Inspection and Maintenance Rules and
 Regulations for Official Vehicle
 Inspection Stations and Certified
 Inspectors, July 1, 1984.
Texas Motor Vehicle Laws, 1981-1982--  11/9/84................  06/26/85, 50 FR 26362..  Ref 52.2299(c)(61).
 Rules and Regulations for Official
 Vehicle Inspection Stations and
 Certified Inspectors, November 11,
 1983, Sections A,B,C, pages C-1, C-
 16, C-17, C-18, C-26, C-27, and C-
 28, D, and E pages E-1, E-6, E-7, E-
 8, and E-9.
[[Page 562]]
VIMTCM, Appendix AJ, Excerpted Senate  09/30/85 and 12/21/87..  02/09/89, 54 FR 06287..  Ref 52.2299(c)(66).
 Bill 725, section 35(d) and (g)
 effective September 1, 1985; and
 House Bill 1593 sections 21 and 22
 effective June 18, 1987.
Texas Clean Air Act (TCAA), Texas      11/13/92...............  08/19/94, 59 FR 42759..  Ref 52.2299(c)(85).
 Health and Safety Code Ann. (Vernon
 1992), Section 382.0365, ``Small
 Business Stationary Source
 Assistance Program'', enacted by the
 Texas 1991 legislative session and
 effective September 1, 1991.
Legal opinion letter dated October     11/13/92...............  08/19/94, 59 FR 42759..  Ref 52.2299(c)(85).
 15, 1992 from Kirk P. Watson,
 Chairman, TACB, to Mr. B.J. Wynne,
 III, Regional Administrator, EPA
 Region 6, regarding the composition
 of the Small Business Compliance
 Advisory Panel of Texas.
----------------------------------------------------------------------------------------------------------------
 House Bill 1969, an act relating to motor vehicle registration, inspections, and providing penalties amending:
----------------------------------------------------------------------------------------------------------------
(1) Sections 382.037 and 382.038 of    11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 the Texas Health and Safety Code;
(2) Section 2 Chapter 88, General      11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 Laws, Acts of the 41st legislature,
 2nd called session, 1929 (Article
 6675a-2, Vernon's Texas Civil
 Statutes);
(3) Title 116, Article 6675b-4, 6675b- 11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 4A, and 6675b-4B;
(4) Section 141(d), and section        11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 142(h), Uniform Act Regulating
 Traffic on Highways (Article 6701d,
 Vernon's Civil Statutes);
(5) Section 4.202, County Road and     11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 Bridge Act (Article 6702-1, Vernon's
 Texas Civil Statutes). Signed by the
 Governor on 01/08/93, effective 08/
 30/93.
Texas Health and Safety Code (Vernon   11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 1990), the Texas Clean Air Act,
 sections 382.017, 382.037, 382.038,
 effective September 1, 1991.
Order No. 93-23, as adopted November   11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 10, 1993, and Order No. 94-02 as
 adopted February 16, 1994.
Texas Civil Statutes, Articles 6675a-  11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 1 to 6675b-2 and 6687-1. (Vernon
 1993).
----------------------------------------------------------------------------------------------------------------
              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                      Applicable
      Name of SIP provision          geographic or     State submittal/    EPA approval date       Comments
                                  nonattainment area    effective date
----------------------------------------------------------------------------------------------------------------
Public Hearings.................  Statewide.........  02/08/72..........  05/31/72, 37 FR     Ref 52.2299(c)(1).
                                                                           10895.
[[Page 563]]
HydroCarbon Emission Data.......  Statewide.........  05/02/72..........  05/31/72, 37 FR     Ref 52.2299(c)(2).
                                                                           10895.
Source Surveillance.............  Statewide.........  05/03/72..........  05/31/72, 37 FR     Ref 52.2299(c)(2).
                                                                           10895.
Minor Revisions.................  Statewide.........  07/31/72..........  10/28/72, 37 FR     Ref 52.2299(c)(4).
                                                                           23092.
Attainment Date Corrections.....  Statewide.........  11/10/72..........  02/08/73, 38 FR     Ref 52.2299(c)(6).
                                                                           03600.
Classification Revisions for PM,  Statewide.........  03/21/75..........  04/18/77, 42 FR     Ref 52.2299(c)(9).
 SOx, and CO.                                                              20131.
Administrative Revisions........  Statewide.........    ................  04/20/77, 42 FR     Ref
                                                                           20463.              52.2299(c)(11).
Air Quality Surveillance Plan...  Statewide.........  08/02/76..........  04/18/77, 42 FR     Ref
                                                                           20131.              52.2299(c)(12).
Air Quality Surveillance Plan...  Statewide.........  08/12/77..........  03/07/78, 43 FR     Ref
                                                                           09276.              52.2299(c)(13).
Administrative Revisions to       Statewide.........  ..................  07/06/77, 42 FR     Ref
 Section X.                                                                34518.              52.2299(c)(14).
Administrative Revisions to       Statewide.........  08/14/78..........  04/11/79, 44 FR     Ref
 Section IX.                                                               21644.              52.2299(c)(16).
Board Order No. 78-6............  Corpus Christi, TX  07/24/78..........  09/24/79, 44 FR     Ref 52.2299(c)(17)
                                                                           55005.              (see 52.2275)
Draft inspection/mainte- nance    Harris County.....  04/13/79..........  12/18/79, 44 FR     Ref
 legislation and study schedule.                                           74831.              52.2299(c)(18).
Adopted inspection/maintenance    Harris County.....  08/09/79..........  12/19/79, 44 FR     Ref
 legislation and administrative                                            74831.              52.2299(c)(19).
 revisions.
Plan Revisions (Part D            Statewide.........  04/13/79..........  03/25/80, 45 FR     Ref
 requirements).                                                            19244.              52.2299(c)(20).
Administrative Revisions to       Statewide.........  08/09/79..........  03/25/80, 45 FR     Ref
 Transportation Control.                                                   19244.              52.2299(c)(21).
Transportation Control Measures   Harris County.....  12/28/79..........  08/06/80, 45 FR     Ref
 for Harris County.                                                        52148.              52.2299(c)(24).
Board Order No. 78-8............  General Portland,   09/13/78..........  08/28/81, 46 FR     Ref
                                   Inc., New                               43425.              52.2299(c)(26).
                                   Braunfels, Comal                                            (See 52.2276).
                                   County, TX.
Administrative Revision to        Statewide.........  07/23/81..........  11/13/81, 46 FR     Ref
 Section I.                                                                55970.              52.2299(c)(28).
Administrative Revision to        Statewide.........  07/23/81..........  12/15/81, 46 FR     Ref
 Section V.                                                                61125.              52.2299(c)(29).
Plan Revisions for                Statewide.........  04/13/79..........  03/29/82, 47 FR     Ref
 Intergovernmental Consultation                                            13143.              52.2299(c)(32).
 and Composition.
Texas Lead SIP and Board Order    Statewide           06/12/80..........  10/04/83, 48 FR     Ref
 No. 82-11.                        excluding Dallas                        45248.              52.2299(c)(41).
                                   and El Paso areas.
Texas Air Pollution Emergency     Statewide.........  05/18/82..........  10/07/82, 47 FR     Ref
 Episode Contingency Plan.                                                 44261.              52.2299(c)(42).
Administrative Revision to        Statewide.........  07/06/82..........  10/25/82, 47 FR     Ref
 Section XII.                                                              47247.              52.2299(c)(47).
Administrative Revision to        N/A...............  08/17/82..........  03/31/83, 48 FR     Ref
 Section III.                                                              13428.              52.2299(c)(51).
Administrative Revision to        Statewide.........  06/22/83..........  11/07/83, 48 FR     Ref
 Section IX.                                                               51153.              52.2299(c)(52).
Lead Plan for Dallas County, TX.  Dallas County, TX.  04/6/84...........  08/15/84, 49 FR     Ref
                                                                           32580.              52.2299(c)(54).
Revisions to Lead Plan for        Dallas County, TX.  07/16/84..........  08/15/84, 49 FR     Ref
 Dallas County, TX.                                                        32580.              52.2299(c)(55).
Lead Plan for El Paso County....  El Paso County, TX  06/20/84..........  08/13/84, 49 FR     Ref
                                                                           32190.              52.2299(c)(56).
Alternative Emission Control      Baytown, TX.......  03/18/83..........  07/10/85, 50 FR     Ref 52.2299(c)(60)
 Plan for Exxon Baytown Refinery.                                          26992.              (Board Order No.
                                                                                               83-2).
[[Page 564]]
Plan for Ozone Attainment in      Harris County, TX.  12/09/82, 01/03/    06/26/85, 50 FR     Ref
 Harris County.                                        84, 03/18/85.       26362.              52.2299(c)(61).
Alternative Emission Reduction    Gregg County,       07/25/85..........  05/05/89, 54 FR     Ref
 Plan for Continental Can          (Longview), TX.                         19373.              52.2299(c)(64).
 Company, Longview, TX.
Revision to Lead Plan for El      El Paso County, TX  10/26/87..........  05/06/88, 53 FR     Ref
 Paso County and Board Order No.                                           16263.              52.2299(c)(65).
 87-14.
Ozone Attainment Plan for Dallas  Dallas and Tarrant  09/30/85 and 12/21/ 02/09/89, 54 FR     Ref
 and Tarrant Counties.             Counties, TX.       87.                 06287.              52.2299(c)(66).
Vehicle Inspection and            Dallas and Tarrant  08/28/85..........  02/09/89, 54 FR     Ref
 Maintenance and Transportation    Counties, TX.                           06287.              52.2299(c)(66).
 Control Measures (VIMTCM),
 Appendix AG.
VIMTCM, Appendix AK, Portions 1   Dallas and Tarrant  12/18/87..........  02/09/89, 54 FR     Ref
 through 6.                        Counties, TX.                           06287.              52.2299(c)(66).
VIMTCM, Appendix AM, Sections 1,  Dallas and Tarrant  12/18/87..........  02/09/89, 54 FR     Ref
 2, and 3.                         Counties, TX.                           06287.              52.2299(c)(66).
VIMTCM, Appendix AN.............  Dallas and Tarrant  12/18/87..........  02/09/89, 54 FR     Ref
                                   Counties, TX.                           06287.              52.2299(c)(66).
Part II of the Visibility         Big Bend and        09/18/87..........  02/23/89, 54 FR     Ref
 Protection Plan and Board Order   Guadalupe                               07770.              52.2299(c)(67).
 No. 87-15.                        Mountain National
                                   Parks.
Alternative Emission Reduction    Orange County, TX.  03/12/82..........  04/13/90..........  Ref
 Plan (Bubble) for E.I. DuPont                                                                 52.2299(c)(70).
 de Nemours & Company's Sabine
 River Works, Orange, TX.
Revisions to Texas Air Pollution  Statewide.........  10/02/87..........  09/06/90, 55 FR     Ref
 Episode Contingency Plan.                                                 36634.              52.2299(c)(71).
Revisions to Ozone Attainment     Dallas and Tarrant  03/05/90..........  08/03/90, 55 FR     Ref
 Plan for Dallas and Tarrant       Counties, TX.                           31587.              52.2299(c)(72).
 Counties.
Revisions for Prevention of       Statewide.........  12/11/85, 10/26/    06/24/92, 57 FR     Ref
 Significant Deterioration and                         87, 09/29/88.       28098.              52.2299(c)(73).
 Board Orders No. 85-07, 87-09,
 and 88-08.
Board Order No. 90-07...........  Tarrant County....  06/22/90..........  10/12/90, 55 FR     Ref
                                                                           41525.              52.2299(c)(74).
Board Order No. 92-19...........  Statewide.........  09/18/92..........  08/30/93, 58 FR     Ref
                                                                           45457.              52.2299(c)(76).
Revision for Prevention of        Statewide.........  12/14/90..........  09/09/94, 59 FR     Ref
 Significant Deterioration and                                             46557.              52.2299(c)(78).
 Board Order No. 90-13.
Revision addressing PM-10         El Paso, TX.......  11/05/91..........  01/18/94, 59 FR     Ref
 nonattainment area requirements                                           02535.              52.2299(c)(79).
 for El Paso and Board Orders 89-
 03 and 91-15.
City of El Paso, TX, Ordinance,   El Paso, TX.......  12/11/90..........  01/18/94, 59 FR     Ref
 Title 9.                                                                  02535.              52.2299(c)(79).
Board Order No. 92-16...........  Ozone               10/16/92..........  04/15/94, 59 FR     Ref
                                   nonattainment                           17943.              52.2299(c)(81).
                                   areas.
Board Order No. 92-20...........  Ozone               08/20/92..........  08/26/94, 59 FR     Ref
                                   nonattainment                           44039.              52.2299(c)(82).
                                   areas.
[[Page 565]]
Revision for the El Paso CO       El Paso County, TX  09/18/92..........  09/12/94, 59 FR     Ref
 nonattainment area and Board                                              46766.              52.2299(c)(84).
 Order No. 92-15.
Small Business Stationary Source  Statewide.........  11/13/92..........  08/19/94, 59 FR     Ref
 Technical and Environmental                                               42759.              52.2299(c)(85).
 Compliance Assistance Program.
Board Order No. 92-22...........  Statewide.........  11/06/92..........  08/19/94, 59 FR     Ref
                                                                           42759.              52.2299(c)(85).
Board Order No. 92-04...........  N/A...............  05/08/92..........  03/07/95, 60 FR     Ref
                                                                           12438.              52.2299(c)(88).
Board Order No. 92-16...........  N/A...............  10/16/92..........  03/07/95, 60 FR     Ref
                                                                           12438.              52.2299(c)(88).
Revision to Modify SLAMS and      Statewide.........  11/10/93..........  10/04/94, 59 FR     Ref
 NAMS Monitoring Systems and                                               50504.              52.2299(c)(90).
 Board Order No. 93-24.
Employer Trip Reduction Program   Brazoria,           11/13/92..........  03/07/95, 60 FR     Ref
 and Board Order No. 92-14.        Chambers, Fort                          12442.              52.2299(c)(91).
                                   Bend, Galveston,
                                   Harris, Liberty,
                                   Montgomery, and
                                   Waller Counties.
Revision limiting SO2 by agreed   Certain             08/03/94..........  03/06/95, 60 FR     Ref
 orders 94-09 through 94-22.       Nonpermitted                            12125.              52.2299(c)(93).
                                   facilities in
                                   Harris County.
Revision addressing visible       Statewide.........  08/21/89, 01/29/    05/08/96, 61 FR     Ref
 emissions with Board Orders 89-                       91, 10/15/92, and   20732.              52.2299(c)(94).
 03, 90-12, 92-19, and 93-06.                          08/04/93.
Alternative Emission Reduction    Deer Park, TX.....  07/26/93..........  06/19/95, 60 FR     Ref
 (Bubble) for Shell Oil                                                    31915.              52.2299(c)(95).
 Company's Deer Park
 manufacturing complex.
Transportation Conformity and     Areas designated    10/12/94..........  11/08/95, 60 FR     Ref
 Board Order No. 94-40.            nonattainment and                       56244.              52.2299(c)(96).
                                   areas subject to
                                   a maintenance
                                   plan.
Revision to Permitting            Statewide.........  07/26/85, 07/17/    09/27/95, 60 FR     Ref
 Regulations and Board Orders                          87, 12/18/87, 07/   49781.              52.2299(c)(97).
 No. 85-07, 87-09, 87-17, 88-08,                       15/88, 08/11/89,
 89-06, 90-05, 91-10, 92-06, 92-                       05/18/90, 09/20/
 18, and 93-17.                                        91, 05/08/92, 10/
                                                       16/92, 08/16/93.
Alternate Control Strategy for    Ft Worth, TX,       04/18/96..........  05/30/97, 62 FR     Ref
 Bell Helicopter Textron, Inc..    Plant 1 facility.                       29297.              52.2299(c)(100).
Revisions to the Plan concerning  Rockdale, TX......  10/15/92 and 09/20/ 09/30/97, 61 FR     Ref
 Sulfur Dioxide in Milam County.                       95.                 49685.              52.2299(c)(101).
TNRCC Order No. 93-20, 94-06, 94- The four ozone      11/10/93, 05/04/    05/22/97, 62 FR     Ref
 26, 94-0676-SIP.                  nonattainment       94, 07/13/94, 11/   27964.              52.2299(c)(104).
                                   areas in TX.        09/94.
15% ROP Plan....................  Beaumont/Port       08/09/96..........  02/10/98, 63 FR     Ref
                                   Arthur ozone                            6659.               52.2299(c)(107).
                                   nonattainment
                                   area.
15% ROP Plan....................  Dallas/Ft Worth,    08/09/96..........  11/10/98, 63 FR     Ref
                                   El Paso, and                            62943.              52.2299(c)(113)
                                   Houston/Galveston                                           See also 52.2309.
                                   ozone
                                   nonattainment
                                   areas.
Lead Maintenance Plan for Gould   Collin County.....  08/31/99..........  10/13/99, 64 FR     Ref. 59 FR 60905
 National Battery, Incorporated.                                           55425.              (11/29/94).
----------------------------------------------------------------------------------------------------------------
[[Page 566]]
[64 FR 36589, July 7, 1999, as amended at 64 FR 36794, July 8, 1999; 64
FR 55424, Oct. 13, 1999; 64 FR 61526, Nov. 12, 1999; 64 FR 71669, Dec.
22, 1999; 65 FR 11473, Mar. 3, 2000; 65 FR 18007, Apr. 6, 2000]
Sec. 52.2271  Classification of regions.
    (a) The Texas plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Abilene-Wichita Falls Intrastate..........................          II        III       III       III        III
Amarillo-Lubbock Intrastate...............................          II        III       III       III        III
Austin-Waco Intrastate....................................          II        III       III       III          I
Brownsville-Laredo Intrastate.............................           I        III       III       III        III
Corpus Christi-Victoria Intrastate........................           I         II       III       III          I
Midland-Odessa-San Angelo Intrastate......................          II         II       III       III        III
Metropolitan Houston-Galveston Intrastate.................           I          I       III       III          I
Metropolitan Dallas-Fort Worth Intrastate.................          II        III       III       III          I
Metropolitan San Antonio Intrastate.......................          II        III       III       III          I
Southern Louisiana-Southeast Texas Interstate.............          II          I       III       III          I
El Paso-Las Cruces Alamogordo Interstate..................           I         IA       III         I          I
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------
    (b) The proposed priority classifications for particulate matter and
carbon monoxide submitted by the Governor on March 21, 1975 are
disapproved.
    (c) The revision of section II, classification of regions, submitted
by the Texas Air Control Board with the semiannual in 1975 is
disapproved.
[37 FR 10895, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 42
FR 20131, Apr. 18, 1977; 42 FR 27894, June 1, 1977; 45 FR 19244, Mar.
25, 1980]
Sec. 52.2272  [Reserved]
Sec. 52.2273  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Texas' plan for the attainment and maintenance of the national
standards under section 110 of the Clean Air Act. Furthermore, the
Administrator finds that the plan satisfies all requirements of Part D,
Title 1, of the Clean Air Act as amended in 1977, except as noted below.
[45 FR 19244, Mar. 25, 1980, as amended at 49 FR 32190, Aug. 13, 1984;
61 FR 16062, Apr. 11, 1996]
Sec. 52.2274  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.
[39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.2275  Control strategy and regulations: Ozone.
    (a) Section 510.3 of revised Regulation V, which was submitted by
the Governor on July 20, 1977, is disapproved.
    (b) Notwithstanding any provisions to the contrary in the Texas
Implementation Plan, the control measures listed in paragraph (d) of
this section shall be implemented in accordance with the schedule set
forth below.
    (c)(1) Removal from service of a 12,000 BPD vacuum distillation unit
at the Corpus Christi refinery of the Champlin Petroleum Company, Corpus
Christi, Texas, with a final compliance date no later than October 1,
1979. This shall result in an estimated hydrocarbon emission reduction
of at least 139 tons per year.
    (2) Dedication of gasoline storage tank 91-TK-3 located at the
Corpus Christi refinery of the Champlin Petroleum Company, Corpus
Christi, Texas to the exclusive storage of No. 2 Fuel Oil or any fluid
with a vapor pressure equivalent to, or less than that of No.
[[Page 567]]
2 Fuel Oil, with a final compliance date no later than October 1, 1979.
This shall result in an estimated hydrocarbon emission reduction of at
least 107.6 tons per year.
    (d)  [Reserved]
    (e) Approval--The Texas Natural Resource Conservation Commission
(TNRCC) submitted an ozone redesignation request and maintenance plan on
July 27, 1994, requesting that the Victoria County ozone nonattainment
area be redesignated to attainment for ozone. Both the redesignation
request and maintenance plan were adopted by TNRCC in Commission Order
No. 94-29 on July 27, 1994. The redesignation request and maintenance
plan meet the redesignation requirements in section 107(d)(3)(E) of the
Act as amended in 1990. The redesignation meets the Federal requirements
of section 182(a)(1) of the Clean Air Act as a revision to the Texas
Ozone State Implementation Plan for Victoria County. The EPA approved
the request for redesignation to attainment with respect to ozone for
Victoria County on May 8, 1995.
[42 FR 37380, July 21, 1977, as amended at 44 FR 5662, Jan. 29, 1979; 44
FR 55006, Sept. 24, 1979; 45 FR 19244, Mar. 25, 1980; 46 FR 47545, Sept.
29, 1981; 47 FR 20770, May 14, 1982; 47 FR 50868, Nov. 10, 1982; 60 FR
12459, Mar. 7, 1995; 60 FR 33924, June 29, 1995]
Sec. 52.2276  Control strategy and regulations: Particulate matter.
    (a) Part D conditional approval. The Texas plan for total suspended
particulate (TSP) for the nonattainment area of Dallas 3 is
conditionally approved until the State satisfactorily completes the
following items:
    (1) Draft SIP revision supplement submitted to EPA by March 3, 1980.
    (2) Public hearing completed by May 5, 1980.
    (3) Adopt revision and revised Regulation I as it pertains to
control of nontraditional sources, if necessary, and submit to EPA by
August 1, 1980.
    (b) Notwithstanding any provisions to the contrary in the Texas
Implementation Plan, the control measures listed in paragraph (c) of
this section shall be implemented in accordance with the schedule set
forth below.
    (c) No later than January 1, 1980, Parker Brothers and Co., Inc., at
its limestone quarry facilities near New Braunfels, Comal County, Texas
shall install fabric filters on the primary crusher and on the secondary
crusher and screens, meeting the requirements of Appendix A of the Texas
Air Control Board Order 78-8 adopted August 11, 1978. After the date of
installation of the fabric filters, Parker Brothers and Co., Inc., shall
not emit particulate matter in excess of 0.03 grains per standard cubic
foot from the exhaust stack of the fabric filter on its primary crusher
and shall not emit particulate matter in excess of 0.03 grains per
standard cubic foot from the exhaust stack of the fabric filter on its
secondary crusher and screens.
[46 FR 43425, Aug. 28, 1981, and 46 FR 47545, Sept. 29, 1981]
Secs. 52.2277-52.2281  [Reserved]
Sec. 52.2282  Public hearings.
    (a) The requirements of Sec. 51.102 of this chapter are not met
because principal portions of the revised plan were not made available
to the public for inspection and comment prior to the hearing.
[38 FR 16568, June 22, 1973, as amended at 51 FR 40675, Nov. 7, 1986]
Secs. 52.2283-52.2284  [Reserved]
Sec. 52.2285  Control of evaporative losses from the filling of gasoline
          storage vessels in the Houston and San Antonio areas.
    (a) Definitions:
    (1) Gasoline means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater which is produced for use as a motor
fuel and is commonly called gasoline.
    (2) Storage container means any stationary vessel of more than 1,000
gallons (3,785 liters) nominal capacity. Stationary vessels include
portable vessels placed temporarily at a location; e.g., tanks on skids.
    (3) Owner means the owner of the gasoline storage container(s).
    (4) Operator means the person who is directly responsible for the
operation of the gasoline storage container(s), whether the person be a
lessee or an agent of the owner.
[[Page 568]]
    (5) Delivery Vessel means tank trucks and tank trailers used for the
delivery of gasoline.
    (6) Source means both storage containers and delivery vessels.
    (b) This section is applicable to the following counties in Texas:
Harris, Galveston, Brazoria, Fort Bend, Waller, Montgomery, Liberty,
Chambers, Matagorda, Bexar, Comal, and Guadalupe.
    (c) No person shall transfer or permit the transfer of gasoline from
any delivery vessel into any stationary storage container with a nominal
capacity greater than 1,000 gallons (3,785 liters) unless such container
is equipped with a submerged fill pipe and unless the displaced vapors
from the storage container are processed by a system that prevents
release to the atmosphere of no less than 90 percent by weight of total
hydrocarbon compounds in said vapors.
    (1) The vapor recovery system shall include one or more of the
following:
    (i) A vapor-tight return line from the storage container to the
delivery vessel and a system that will ensure that the vapor return line
is connected before gasoline can be transferred into the container.
    (ii) Other equipment that prevents release to the atmosphere of no
less than 90 percent by weight of the total hydrocarbon compounds in the
displaced vapor provided that approval of the proposed design,
installation, and operation is obtained from the Regional Administrator
prior to start of construction.
    (2) The vapor recovery system shall be so constructed that it will
be compatible with a vapor recovery system, which may be installed
later, to recover vapors displaced by the filling of motor vehicle
tanks.
    (3) The vapor-laden delivery vessel shall meet the following
requirements:
    (i) The delivery vessel must be so designed and maintained as to be
vapor-tight at all times.
    (ii) If any gasoline storage compartment of a vapor-laden delivery
vessel is refilled in one of the counties listed in paragraph (b) of
this section, it shall be refilled only at a facility which is equipped
with a vapor recovery system, or the equivalent, which prevents release
to the atmosphere of at least 90 percent by weight of the total
hydrocarbon compounds in the vapor displaced from the delivery vessel
during refilling.
    (iii) Gasoline storage compartments of one thousand gallons or less
in gasoline delivery vehicles presently in use on November 6, 1973 will
not be required to be retrofitted with a vapor return system until
January 1, 1977.
    (iv) Facilities 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
vessels 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.
    (d) The provisions of paragraph (c) of this section shall not apply
to the following:
    (1) Storage containers used for the storage of gasoline used on a
farm for farming purposes, as that expression is used in the Internal
Revenue Code, 26 U.S.C. section 6420.
    (2) Any container having a nominal capacity less than 2,000 gallons
(7,571 liters) installed prior to November 6, 1973.
    (3) Transfers made to storage containers equipped with floating
roofs or their equivalent.
    (4) Any facility for loading and unloading of volatile organic
compounds (including gasoline bulk terminals) in Bexar, Brazoria,
Galveston and Harris Counties, any gasoline bulk plants in Harris
County, and any filling of gasoline storage vessels (Stage I) for motor
vehicle fuel dispensing facilities in Bexar, Brazoria, Galveston, and
Harris Counties which is subject to Texas Air Control Board Regulation V
subsections 115.111-115.113, 115.121-115.123, and 115.131-115.135,
respectively.
    (e) Except as provided in paragraph (f) of this section, the owner
or operator of a source subject to paragraph (c) of this section shall
comply with the increments contained in the following compliance
schedule:
    (1) Contracts for emission control systems or process modifications
must be awarded or orders must be issued for
[[Page 569]]
the purchase of component parts to accomplish emission control or
process modification not later than March 31, 1975.
    (2) Initiation of onsite construction or installation of emission
control equipment or process change must begin not later than July 1,
1975.
    (3) On-site construction or installation of emission control
equipment or process modification must be completed no later than June
30, 1976.
    (4) Final compliance is to be achieved no later than August 31,
1976.
    (5) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify in writing to the Regional
Administrator whether or not the required increment of progress has been
met. The certification shall be submitted within five days after the
deadlines for each increment. The certification shall include the
name(s) and street address(es) of the facility (facilities) for which
the certification applies, and the date(s) the increment(s) of progress
was (were) met--if met. The Regional Administrator may request whatever
supporting information he considers necessary for proper certification.
    (f) Paragraph (e) of this section shall not apply to the owner or
operator of:
    (1) A source which is presently in compliance with paragraph (c) of
this section and which has certified such compliance to the Regional
Administrator by January 1, 1974. The certification shall include the
name(s) and street address(es) of the facility (facilities) for which
the certification applies. The Regional 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 receives approval from the
Administrator by June 1, 1974, of a proposed alternative schedule. No
such schedule may provide for compliance after August 31, 1976. If
approval is promulgated by the Administrator, such schedule shall
satisfy the requirements of this section for the affected source.
    (g) Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (e) of this section fails to
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
    (h) After August 31, 1976 paragraph (c) of this section shall be
applicable to every storage container (except those exempted in
paragraph (d) of this section) located in the counties specified in
paragraph (b) of this section. Every storage container installed after
August 31, 1976 shall comply with the requirements of paragraph (c) of
this section from the time of installation. In the affected counties,
storage containers which were installed, or converted to gasoline
storage after November 6, 1973, but before August 31, 1976 shall comply
with paragraph (c) of this section in accordance with the schedule
established in paragraph (e) of this section.
[42 FR 37380, July 21, 1977, as amended at 47 FR 50868, Nov. 10, 1982;
51 FR 40676, Nov. 7, 1986]
Sec. 52.2286  Control of evaporative losses from the filling of gasoline
          storage vessels in the Dallas-Fort Worth area.
    (a) Definitions:
    (1) Gasoline means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater which is produced for use as a motor
fuel and is commonly called gasoline.
    (2) Storage container means any stationary vessel of more than 1,000
gallons (3,785 liters) nominal capacity. Stationary vessels include
portable vessels placed temporarily at a location; e.g., tanks on skids.
    (3) Owner means the owner of the gasoline storage container(s).
    (4) Operator means the person who is directly responsible for the
operation of the gasoline storage container(s), whether the person be a
lessee or an agent of the owner.
    (5) Delivery vessel means tank truck and tank trailers used for the
delivery of gasoline.
    (6) Source means both storage containers and delivery vessels.
    (b) This section is applicable to the following counties in Texas:
Dallas, Tarrant, Denton, Wise, Collin, Parker,
[[Page 570]]
Rockwall, Kaufman, Hood, Johnson, and Ellis.
    (c) No person shall transfer or permit the transfer of gasoline from
any delivery vessel into any stationary storage container with a nominal
capacity greater than 1,000 gallons (3,785 liters) unless such container
is equipped with a submerged fill pipe and unless the displaced vapors
from the storage container are processed by a system that prevents
release to the atmosphere of no less than 90 percent by weight of total
hydrocarbon compounds in said vapors.
    (1) The vapor recovery system shall include one or more of the
following:
    (i) A vapor-tight return line from the storage container to the
delivery vessel and a system that will ensure that the vapor return line
is connected before gasoline can be transferred into the container.
    (ii) Other equipment that prevents release to the atmosphere of no
less than 90 percent by weight of the total hydrocarbon compounds in the
displaced vapor provided that approval of the proposed design,
installation, and operation is obtained from the Regional Administrator
prior to start of construction.
    (2) The vapor recovery system shall be so constructed that it will
be compatible with a vapor recovery system, which may be installed
later, to recover vapors displaced by the filling of motor vehicle
tanks.
    (3) The vapor-laden delivery vessel shall meet the following
requirements:
    (i) The delivery vessel must be so designed and maintained as to be
vapor-tight at all times.
    (ii) If any gasoline storage compartment of a vapor-laden delivery
vessel is refilled in one of the counties listed in paragraph (b) of
this section, it shall be refilled only at a facility which is equipped
with a vapor recovery system, or the equivalent, which prevents release
to the atmosphere of at least 90 percent by weight of the total
hydrocarbon compounds in the vapor displaced from the delivery vessel
during refilling.
    (d) The provisions of paragraph (c) of this section shall not apply
to the following:
    (1) Storage containers used for the storage of gasoline used on a
farm for farming purposes, as that expression is used in the Internal
Revenue Code, 26 U.S.C. section 6420.
    (2) Any container having a nominal capacity less than 2,000 gallons
(7,571 liters) installed prior to promulgation of this section.
    (3) Transfers made to storage containers equipped with floating
roofs or their equivalent.
    (4) Any facility for loading and unloading of volatile organic
compounds (including gasoline bulk terminals) in Dallas or Tarrant
County, and any filling of gasoline storage vessels (Stage I) for motor
vehicle fuel dispensing facilities in Dallas or Tarrant County which is
subject to Texas Air Control Board Regulation V subsections 115.111-
115.113 and 115.131-115.135, respectively.
    (e) Except as provided in paragraph (f) of this section, the owner
or operator of a source subject to paragraph (c) of this section shall
comply with the increments contained in the following compliance
schedule:
    (1) 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 no later
than September 30, 1977.
    (2) Initiation of on-site construction or installation of emission
control equipment or process modification must begin no later than
January 31, 1978.
    (3) On-site construction or installation of emission control
equipment or process modification must be completed no later than August
31, 1978.
    (4) Final compliance is to be achieved no later than September 30,
1978.
    (5) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify in writing to the Regional
Administrator whether or not the required increment of progress has been
met. The certification shall be submitted not later than February 15,
1978, for award of contracts and initiation of construction, and not
later than October 15, 1978, for completion of construction and final
compliance. The certification
[[Page 571]]
shall include the name(s) and street address(es) of the facility
(facilities) for which the certification applies, and the date(s) the
increment(s) of progress was (were) met--if met. The Regional
Administrator may request whatever supporting information he considers
necessary for proper certification.
    (f) Paragraph (e) of this section shall not apply to the owner or
operator of:
    (1) A source which is presently in compliance with paragraph (c) of
this section and which has certified such compliance to the Regional
Administrator by August 1, 1977. The certification shall include the
name(s) and street address(es) of the facility (facilities) for which
the certification applies. The Regional Administrator may request
whatever supporting information he considers necessary for proper
certification.
    (2) 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 receives approval from the
Administrator by August 1, 1977, of a proposed alternative schedule. No
such schedule may provide for compliance after September 30, 1978. If
approval is promulgated by the Administrator, such schedule shall
satisfy the requirements of this section for the affected source.
    (g) Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (e) of this section fails to
satisfy the requirements of Sec. 51.15 (b) and (c) of this chapter.
    (h) After September 30, 1978, paragraph (c) of this section shall be
applicable to every storage container (except those exempted in
paragraph (d) of this section) located in the counties specified in
paragraph (b). Every storage container installed after September 30,
1978 shall comply with the requirements of paragraph (c) of this section
from the time of installation. In the affected counties, storage
containers which were installed, or coverted to gasoline storage after
promulgation of this section, but before September 30, 1978 shall comply
with paragraph (c) of this section in accordance with the schedule
established in paragraph (e).
[42 FR 37381, July 21, 1977, as amended at 47 FR 50868, Nov. 10, 1982]
Secs. 52.2287-52.2298  [Reserved]
Sec. 52.2299  Original identification of plan section.
    (a) This section identifies the original ``Texas Air Pollution
Control Implementation Plan'' and all revisions submitted by Texas that
were federally approved prior to December 31, 1998.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Certification that statewide public hearings had been held on
the plan was submitted by the Texas Air Control Board (TACB) on February
8, 1972. (Nonregulatory)
    (2) A discussion of its policy concerning the confidentiality of
certain hydrocarbon emission data was submitted by the TACB on May 2,
1972. (Nonregulatory)
    (3) A discussion of the source surveillance and extension sections
of the plan was submitted by the TACB on May 3, 1972. (Nonregulatory)
    (4) A discussion of minor revisions to the plan was submitted by the
Governor on July 31, 1972. (Nonregulatory)
    (5) Revisions of section XI, paragraph C.3: Rule 9: Regulation V and
control strategy for photochemical oxidants/hydrocarbons in Texas
designated regions 7 and 10; regulation VII; and control strategy for
nitrogen oxides in regions 5, 7, and 8 were submitted by the TACB on
August 8, 1972.
    (6) A request that inconsistencies in the plan concerning the
attainment dates of primary air standards be corrected was submitted by
the Governor on November 10, 1972. (Nonregulatory)
    (7) Revisions to regulation IV, regulation V, the general rules and
control strategy for photochemical oxidants/hydrocarbons, and a request
for a two year extension to meet Federal standards for photochemical
oxidants was submitted by the Governor on April 13, 1973.
    (8) Revisions to regulation IV (Control of Air Pollution from Motor
Vehicles) were adopted on October 30, 1973,
[[Page 572]]
and were submitted by the Governor on December 11, 1973.
    (9) A revision of priority classifications for particulate matter,
sulfur oxides, and carbon monoxide was submitted by the Governor on
March 21, 1975. (Nonregulatory)
    (10) Revisions to rule 23, concerning compliance with new source
performance standards, and rule 24, concerning compliance with national
emission standards for hazardous air pollutants were submitted by the
Governor on May 9, 1975.
    (11) Administrative revisions were submitted by the TACB with the
semi-annual report in 1974 for sections I, II, III, IV, XI and XIII, and
with the semi-annual report in 1975 for sections I, II, XI, and XII.
(Nonregulatory)
    (12) A revision of section IX, Air Quality Surveillance, was
submitted by the Governor on August 2, 1976. (Nonregulatory)
    (13) Revisions to section IX, Air Quality Surveillance Plan, which
include changes of several air quality monitoring sites, were submitted
by the TACB on August 12, 1977. (Nonregulatory)
    (14) Administrative revisions to section X, the Permit System, were
submitted by the TACB in 1973, 1974, 1975, and 1977. (Nonregulatory)
    (15) Revisions to regulation V for control of volatile carbon
compound emissions, as amended on December 10, 1976, were submitted by
the Governor on July 20, 1977.
    (16) An administrative revision to section IX, Air Quality
Surveillance System, was submitted by the Texas Air Control Board on
August 14, 1978. (Nonregulatory)
    (17) Board Order No. 78-6, creditable as emission offsets for the
Corpus Christi Petrochemical Company project in Corpus Christi, was
submitted by the Governor on July 24, 1978, as amendments to the Texas
State Implementation Plan (see Sec. 52.2275).
    (18) Draft inspection/maintenance legislation and a schedule for
conducting a pilot inspection/maintenance study were submitted by the
Governor on April 13, 1979.
    (19) Adopted inspection/maintenance legislation and administrative
revisions concerning inspection/maintenance were submitted by the
Governor on August 9, 1979.
    (20) Revision to the plan for attainment of standards for
particulate matter, carbon monoxide, and ozone (Part D requirements)
were submitted by the Governor on April 13, 1979.
    Note: The provisions of Rule 104 submitted by the Governor on 1/28/
72 and approved by EPA on 5/31/72 remain in effect in other than
nonattainment areas.
    (21) Administrative revisions to the transportation control portion
of the plan were submitted by the Governor on August 9, 1979 (non-
regulatory).
    (22) No action is being taken on Subchapters 131.07.52, .53, and .54
of Regulation V, submitted by the Governor April 13, 1979 for the ozone
nonattainment counties of Harris, Galveston, Brazoria, Bexar, Dallas,
and Tarrant.
    (23) No action is being taken on the control strategy for the TSP
nonattainment area of Houston 1, submitted by the Governor on April 13,
1979.
    (24) A revision identifying and committing to implement currently
planned Transportation Control Measures (TCMs) for Harris County was
submitted by the Governor on December 28, 1979.
    (25) Revisions to Regulation VI (i.e., Subchapter 116.3(a)(13-15)),
and the definition of ``de minimus impact,'' were adopted by the Texas
Air Control Board on July 11, 1980, and submitted by the Governor on
July 25, 1980.
    (26) Board Order No. 78-8 creditable as emission offsets for the
General Portland, Inc., project in New Braunfels, Comal County, Texas,
was submitted by the Governor on September 13, 1978, as an amendment to
the Texas State Implementation Plan (see Sec. 52.2276).
    (27) Revisions to Regulation V (i.e., Subchapters 115.171-176) and
particulate matter (TSP) control strategies for the nonattainment areas
of San Benito, Brownsville, Corpus Christi 1, Corpus Christi 2, Dallas
1, and El Paso 4 were adopted by the Texas Air Control Board on July 11,
1980, and submitted by the Governor on July 25, 1980.
    (28) An administrative revision to section I, Introduction, was
submitted
[[Page 573]]
by the TACB on July 23, 1981. (Nonregulatory)
    (29) An administrative revision to section V, Legal Authority, was
submitted by the TACB on July 23, 1981. (Nonregulatory).
    (30) Revisions to the Texas SIP for the Union Carbide Corporation
Bubble in Texas City, Texas were submitted by the Governor on December
15, 1981.
    (31) Revisions to the ozone, total suspended particulate, and carbon
monoxide control strategies, General Rules (i.e., definition for vapor
mounted seal and section 101.22), Regulation IV (i.e., addition of
section 114.2(b)), and Regulation V (i.e., deletion of sections 115.46
and 115.71, 115.101-106, sections 115.144, 115.153, title of sections
115.161-163 and 115.162, 115.171-176, 115.191-194, sections 115.252,
115.262, 115.401, 115.411, and title of sections 115.421-424) were
adopted by the Texas Air Control Board on March 20, 1981, and submitted
by the Governor on July 20, 1981.
    (32) Revisions to the plan for intergovernmental consultation and
composition of the Texas Air Control Board were submitted by the
Governor on April 13, 1979.
    (33) A revision to General Rule 9--Sampling, as adopted by the Texas
Air Control Board on October 30, 1973, was submitted by the Governor on
December 11, 1973.
    (34) Revisions to the General Rules (i.e., the addition of
definitions for liquid-mounted seal, miscellaneous metal parts and
products, factory surface coating of flat wood paneling, vapor tight,
and waxy high pour point crude oil) and Regulation V (i.e., sections
115.101-106, section 115.191 (9) and (10), sections 115.193, 115.194,
115.201-203, 115.221-223, 115.231-233, 115.251-255, 115.261-264, and
115.421-424) were adopted by the Texas Air Control Board on July 11,
1980 and submitted by the Governor on July 25, 1980.
    (35) [Reserved]
    (36) Revisions to Regulation VI (i.e., section 116.1, section 116.2,
section 116.3(a), section 116.3(a)(2), the addition of sections
116.3(a)(3), 116.3(a)(4), and 116.3(a)(5), section 116.3(a)(6), section
116.3(b)(2), the addition of sections 116.3(b)(3), 116.3(b)(4), 116.4,
and 116.5, section 116.6, section 116.7, and section 116.8) were adopted
by the Texas Air Control Board on March 27, 1975 and submitted by the
Governor on May 9, 1975.
    (37) Revisions to Regulation VI (i.e., the deletion of
131.08.00.009) were adopted by the Texas Air Control Board on March 30,
1979 and submitted by the Governor on April 13, 1979.
    (38) Revisions to Regulation VI (i.e., the deletion of
131.08.00.003(a)(3) and 131.08.00.003(a)(5), section 116.3(a)(4),
section 116.3(a)(5), section 116.3(a)(9), section 116.3(a)(10), section
116.3(a)(12), and section 116.10) were adopted by the Texas Air Control
Board on March 20, 1981 and submitted by the Governor on July 20, 1981.
    (39) [Reserved]
    (40) Revisions to Subchapter 115.135 (formerly 131.07.54.105) of
Regulation V were adopted by the Texas Air Control Board on September 7,
1979 and submitted by the Governor to EPA on November 2, 1979 (i.e.,
removal of Jefferson, Orange, El Paso, Nueces, and Travis Counties).
    (41) The Texas Lead SIP was submitted to EPA on June 12, 1980, by
the Governor of Texas, as adopted by the Texas Air Control Board on
March 21, 1980. Additional information was submitted in letters dated
January 29, 1982, March 15, 1982, June 3, 1982, June 15, 1982, August
23, 1982, and October 14, 1982. Also additional information and Board
Order 82-11 were submitted in a letter dated December 3, 1982. No action
is taken regarding the Dallas and El Paso areas.
    (42) An administrative revision for Section VIII (Texas Air
Pollution Emergency Episode Contingency Plan) and a revision to
Regulation VIII (Control of Air Pollution Episodes) was submitted by the
TACB on May 18, 1982 and December 29, 1981, respectively.
    (43) A revision to Regulation V deleting Ector County from the
provisions of subsections 115.111 and .113 was adopted on March 20, 1981
and submitted by the Governor on July 20, 1981.
    (44) Revisions to Regulation I, sections 111.2(7), 111.3, 111.11,
111.12, 111.26, 111.61-111.65, and 111.71-111.76, for control of
particulate matter and visible emissions as submitted by the Governor on
January 22, 1974.
[[Page 574]]
    (45) Revisions to Regulation I, section 111.2 for control of
particulate matter and visible emissions as submitted by the Governor on
December 29, 1975.
    (46) Revisions to Regulation I, Sections 111.2(8), 111.2(9), 111.22,
111.91 and 111.92 for control of particulate matter and visible
emissions as submitted by the Governor on April 13, 1979.
    (47) Revisions to section XII (Resources) as submitted by the
Executive Director on July 6, 1982.
    (48) Revisions to Subchapters 115.111-115.113 (formerly
131.07.52.101-131.07.52.104) regarding gasoline bulk terminals, 115.123-
115.124 (formerly 131.07.53.101-131.07.53.103) regarding gasoline bulk
plants, and 115.131-115.135 (formerly 131.07.54.101-131.07.54.105)
regarding the filling of gasoline storage vessels at motor vehicle fuel
dispensing facilities (Stage I vapor recovery at service stations) of
Regulation V for the counties of Harris, Galveston, Brazoria, Bexar,
Dallas, and Tarrant were adopted by the Texas Air Control Board on March
30, 1979 and submitted by the Governor to EPA on April 13, 1979.
    (49) Revisions to Subchapters 115.111 and 115.113 (formerly
131.07.52.101 and 131.07.52.103) regarding gasoline bulk terminals,
115.121 and 115.123 (formerly 131.07.53.101 and 131.07.53.103) regarding
gasoline bulk plants, and 115.131, 115.132, and 115.135 (formerly
131.07.54.101, 131.07.54.102, and 131.07.54.105) regarding the filling
of gasoline storage vessels at motor vehicle fuel dispensing facilities
(Stage I vapor recovery at service stations) of Regulation V were
adopted by the Texas Air Control Board on July 11, 1980 and submitted by
the Governor to EPA on July 25, 1980.
    (50) Revisions to the General Rules (i.e., deletion of the
definitions for chemical process plant, exhaust emission, gas processing
plant, and non-methane hydrocarbons, and revisions to the definitions
for gasoline bulk plant, gasoline terminal, lowest achievable emission
rate, standard conditions, submerged fill pipe, paper coating, and
light-duty truck coating), Regulation I (i.e., the deletion of sections
111.61-111.65, revisions to title of sections 111.71-111.76 and section
111.71, addition of sections 111.81-111.83, deletion of section 111.91,
and revisions to section 111.92), and Regulation V (i.e., section 115.1,
sections 115.11-115.13, sections 115.31-115.32, sections 115.41-115.45,
section 115.81, and section 115.91, all for Bexar County only: and,
sections 115.101-115.106; title of sections 115.141-115.144 and section
115.141, section 115.142, and section 115.144; title of sections
115.151-115.153 and section 115.152, and section 115.153; sections
115.161-115.163 and title; title of sections 115.171-115.176 and section
115.173, section 115.175, and section 115.176; title of sections
115.191-115.194 and section 115.191, section 115.192, and section
115.193; title of sections 115.201-115.203 and section 115.203; title of
sections 115.221-115.223 and sections 115.222-115.223; sections 115.231-
115.233 and title; title of sections 115.251-115.255 and section
115.253, and section 115.255; section 115.401; title of sections
115.411-115.413 and sections 115.411 and 115.412; title only of sections
115.421-115.424) were adopted by the Texas Air Control Board on January
8, 1982, and submitted by the Governor on August 9, 1982, with an
addendum from the State on January 13, 1983.
    (51) A revision to Section III (Public Participation/
Intergovernmental Coordination) was submitted by the Texas Air Control
Board on August 17, 1982 and a letter of clarification was submitted on
January 28, 1983. The revision also supercedes and deletes Section XIII
which was approved on May 31, 1972.
    (52) An administrative revision to Section IX, Air Quality
Surveillance, was submitted by the TACB on June 22, 1983.
(Nonregulatory)
    (53) A revision to Regulation VI (i.e., the addition of section
116.11) was adopted by the Texas Air Control Board on December 3, 1982,
and submitted by the Governor on May 13, 1983.
    (54) Revisions to the Texas State Implementation Plan for lead for
Dallas County (concerning a lead control plan for the area around the
secondary lead smelter in West Dallas), were submitted to EPA on April
6, 1984, by the Governor of Texas, as adopted by the Texas Air Control
Board on February 17, 1984.
[[Page 575]]
    (55) Revisions to the Texas State Implementation Plan for lead for
Dallas County (concerning a lead control plan for the area around the
secondary lead smelter in South Dallas), and revisions to Regulation
III, chapter 113, Subchapter B, Lead Smelters in Dallas County, were
submitted to EPA on July 16, 1984, by the Governor of Texas, as adopted
by Texas Air Control Board on May 18, 1984. No action is taken on
Regulation III, Sections 113.113 and 113.114.
    (56) Revisions to the Texas State Implementation Plan for lead for
El Paso County, with revisions to Regulation III, Chapter 113,
Subchapter B, Nonferrous Smelters in El Paso County, were submitted to
EPA on June 20, 1984, by the Governor of Texas, as adopted by Texas Air
Control Board on February 17, 1984. Also, letters providing additional
information were submitted by Texas on June 11 and June 28, 1984. No
action is taken on Regulation III, Sections 113.111 113.112. The date of
compliance listed in Sec. 113.122 of February 28, 1989 (for section
113.53) is disapproved. EPA is taking no action on the attainment date
for El Paso County.
    (57)-(58) [Reserved]
    (59) Revisions to TACB Regulation VI and definitions in the General
Rules as adopted on June 10, 1983 and submitted by the Governor on
December 22, 1983, including a letter of clarification on their
definitions submitted by the Texas Air Control Board on March 27, 1984.
    (60) The Alternative Emission Control Plan for the Exxon Baytown
Refinery in Baytown, Texas was adopted by the Texas Air Control Board on
March 18, 1983, in Board Order No. 83-2.
    (61) Revisions to the plan for attainment of the standard for Ozone
in Harris County were submitted by the Governor on December 9, 1982,
January 3, 1984, and March 18, 1985.
    (i) Revisions adopted on December 3, 1982, include the following
changes to Regulation V and the general rules. New sections or
subsections 115.105(7), 115.111(2)(b), 115.111(2)(c), 115.111(2)(d),
115.163, 115.164, 115.193(c)(5), 115.193(c)(6), 115.271, 115.272,
115.273, 115.274, 115.275, and 115.421 are added. Revisions to
115.106(b), 115.106(c), 115.113, 115.141, 115.142, 115.161, 115.162,
115.191(9)(a)(i), 115.251(a)(1), 115.252(a)(4), 115.252(b), 115.252(c),
115.253(a), 115.254, 115.255(c), and 115.401(b) were made. Section 101.1
of the general rules was revised to include definitions of new terms.
The revisions also included the following commitments: emissions
tracking, pages 87-88; projections of reasonable further progress, pages
91 and 93; and emission reduction commitments for transportation control
measures, Appendix V.
    (ii) Revisions adopted on September 9, 1983, include revisions to
Regulation IV. New sections or subsections 114.1(e), 114.1(f), 114.3,
and 114.5 are added.
    (iii) Revisions adopted on November 9, 1984 include the following:
    (A) Recordkeeping and record submittal requirements, pages 12-13,
    (B) Mechanics training program commitments, pages 17-18,
    (C) Public Awareness Plan commitments, pages 19-20,
    (D) Implementation Schedule, page 25(1-3),
    (E) Reasonable Further Progress Chart, Table 13, and
    (F) Department of Public Safety and Texas Air Control Board Rules
and Regulations, Texas Vehicle Inspection Act Article XV, and
Documentation to Authorize and Support the Implementation and
Enforcement of the Texas Vehicle Parameter Inspection and Maintenance
Program, Appendix X, containing the following documents:
--Senate Bill 1205
--Letters of commitment from Texas Department of Public Safety, City of
Houston Police Department, and Harris County Sheriff
--Parameter Vehicle Emission Inspection and Maintenance Rules and
Regulations for Official Vehicle Inspection Stations and Certified
Inspectors, July 1, 1984
--Texas Motor Vehicle Laws, 1981-1982
--Rules and Regulations for Official Vehicle Inspection Stations and
Certified Inspectors, November 11, 1983, Sections A, B, C pages C-1, C-
16, C-17, C-18, C-26, C-27, and C-28, D, and E pages E-1, E-6, E-7, E-8,
and E-9.
    (62) Revision to the Texas State Implementation Plan for Good
Engineering Practice--Stack Height regulations, Texas Air Control Board
Regulation VI, Sec. 116.3(a)(14), as adopted by the Texas Air Control
Board on July 17,
[[Page 576]]
1987, were submitted by the Governor of Texas on October 26, 1987. This
revision included definitions for owner or operator, emission limitation
and emission standards, stack, a stack in existence, dispersion
technique, good engineering practice, nearby, excessive concentration,
and regulations related to stack height provisions and stack height
procedures for new source review.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Regulation VI, Sec. 116.3(a)(14),
adopted by the Board on July 17, 1987.
    (ii) Other material--one.
    (63) Revisions to TACB Regulation VI and definitions in the General
Rules were submitted by the Governor on December 13, 1985.
    (i) Incorporation by reference. December 13, 1985 letter from the
Governor to EPA, and Revisions adopted on September 20, 1985, include
the following changes to Regulation VI and the General Rules. Revisions
to Sec. 116.11 were made, and Sec. 101.1 of the General Rules was
revised to include an amendment to the term major facility/stationary
source.
    (64) Board Order No. 85-2, an alternate emission reduction plan for
the Continental Can Company, U.S.A. can coating plant in Longview, Texas
was submitted by the Governor on July 25, 1985, as amendments to the
Texas State Implementation Plan. The source is now subject to the
legally enforceable requirements stated in Board Order No. 85-2 and in
TACB Permit Number C-16765.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order No. 85-2 adopted on May 10, 1985,
and TACB Permit Number C-16765 as revised November 21, 1986.
    (65) In a October 26, 1987, letter, the Governor of Texas submitted
a revision to the Texas State Implementation Plan for Lead in El Paso
County. These revisions to the control strategy are adequate to
demonstrate attainment by August 14, 1987, of the National Ambient Air
Quality Standards for lead in El Paso County by modeling. Enclosed in
this letter were Texas Air Control Board (TACB) Board Order No. 87-14 as
passed and approved on August 14, 1987; the revisions to Regulation III,
Subchapter B as appended to the Board Order; and a certification of
Public Hearing.
    (i) Incorporation by reference.
    (A) TACB Board Order No. 87-14, as adopted on August 14, 1987.
    (B) The March 23, 1988, letter and enclosures from TACB to EPA.
    (66) Revisions to the plan for attainment of the standard for ozone
in Dallas and Tarrant Counties were submitted by the Governor on
September 30, 1985 and December 21, 1987.
    (i) Incorporation by reference.
    (A) Revisions to the Texas Air Control Board Regulation IV, Section
114.1 (c), (e), (f), 114.3, 114.5 (a), (b), (d), (e), (f), and (g)
adopted July 26, 1985.
    (B) Vehicle Inspection and Maintenance and Transportation Control
Measures (VIMTCM), Appendix AG, Emission Reduction Commitments for
Transportation Control Measures in Post-1982 SIP Areas adopted by the
Texas Air Control Board on August 28, 1985.
    (C) VIMTCM, Appendix AJ, Excerpted Senate Bill 725, section 35 (d)
and (g) effective September 1, 1985; and House Bill 1593 sections 21 and
22 effective June 18, 1987.
    (D) The following portions of VIMTCM, Appendix AK, Texas Vehicle
Parameter Inspection and Maintenance Program adopted by the Texas Air
Control Board on December 18, 1987.
1 Record keeping and Record submittal Requirements, pages 15-17
2 Quality Control, Audit and Surveillance Procedures, pages 17-18
3 Procedures to Assure that Noncomplying Vehicles are Not Operated on
    the Public Roads, pages 18-20
4 Mechanic Training Program, pages 21-23
5 A Public Awareness Plan, pages 23-25
6 Vehicle Maintenance Program (Anti-tampering), pages 25-27
    (E) VIMTCM, Appendix AM, Department of Public Safety Rules and
Regulations Concerning Vehicle Inspection and Maintenance Programs,
Sections 1, 2, and 3 adopted by the Texas Air Control Board on December
18, 1987.
    (F) VIMTCM, Appendix AN, Local Government Letters of Commitment to
Enforce Vehicle Inspection and Maintenance Programs adopted by the Texas
Air Control Board on December 18, 1987.
[[Page 577]]
    (67) Part II of the Visibility Protection Plan was submitted by the
Governor on November 18, 1987. This submittal includes a visibility
long-term strategy and general plan provisions as adopted by the Texas
Air Control Board on September 18, 1987.
    (i) Incorporation by reference.
    (A) Revision entitled, ``State Implementation Plan Revisions for
Visibility Protection in Class I Areas: Phase I, September 18, 1987''
(including Appendices A and B).
    (B) Texas Air Control Board Order No. 87-15, adopted September 18,
1987.
    (ii) Additional material.
    (A) None.
    (68) [Reserved]
    (69) Revisions to the plan for attainment of the standard for ozone
in Dallas and Tarrant Counties were submitted by the Governor on October
11, 1985, December 21, 1987, and December 13, 1988. EPA is approving
these stationary source VOC regulations and commitments under part A,
section 110 of the Clean Air Act. However, these regulations do not
represent RACT under part D, section 172 of the Clean Air Act for
numerous reasons, including cross-line averaging and director's
equivalency determinations without first being submitted to and approved
by EPA as a SIP revision.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board Regulation V (31 TAC
chapter 115), Control of Air Pollution from Volatile Organic Compounds:
Rules 115.111 introductory paragraph; 115.111(2)(E); 115.111(2)(F);
115.113 introductory paragraph, 115.113 last entry in table; except El
Paso County for Rules 115.131 introductory paragraph, 115.132(6),
115.132(7), 115.135 introductory paragraph, and 115.135 second to last
entry in table; 115.162 introductory paragraph only; 115.163(b)(2);
115.163(b)(3); 115.164(b) first paragraph only; 115.164(b)(3);
115.164(b)(4); 115.171(a); except El Paso County for Rule 115.171(b);
115.175(f); 115.176(a); 115.176(c); 115.191(9)(A)(iii);
115.191(9)(A)(iv); 115.191(9)(A)(v); 115.193(c)(3); 115.223; except El
Paso County for Rules 115.261 undesignated heading, 115.261 introductory
paragraph, 115.262(a), and 115.264; as adopted by the Texas Air Control
Board on July 26, 1985. Rules 115.171(c); 115.171(d); 115.176(d);
115.193(c) first paragraph only; 115.193(c)(1);
115.193(c)(2);115.193(c)(6); 115.193(d) first paragraph only;
115.193(e); 115.194; 115.201(b)(1); 115.202; 115.203(a); and 115.291
through 115.294 and the corresponding undesignated heading; as adopted
by the Texas Air Control Board on December 18, 1987. Rules
115.111(4)(C); except El Paso County for Rule 115.111(5); 115.111(6);
115.111(7); 115.113 last entry in table; 115.131(2); except El Paso
County for Rule 115.131(3); 115.131(4); 115.131(5); 115.132 introductory
paragraph only; 115.132(2); 115.134(3); 115.135 last entry in table;
115.141(a); 115.141(b); 115.142(a) first paragraph; 115.142(b);
115.143(a); 115.143(b); 115.143(c); 115.144; 115.162(3)(B); 115.163(a);
115.163(c); 115.163(d); 115.164(b)(7); 115.171(e); 115.172(a) first
paragraph only; 115.172(a)(1); 115.172(a)(3); 115.172(a)(4);
115.172(a)(5)(A); 115.172(a)(6); 115.172(a)(7); 115.172(b) first
paragraph only; 115.172(b)(1); 115.173(a) first paragraph only;
115.173(a)(2); 115.173(a)(4)(A); 115.173(a)(4)(B); 115.173(a)(4)(E);
115.173(a)(6); 115.173(b) first paragraph only; 115.173(b)(2);
115.173(b)(4); 115.173(b)(5); 115.173(b)(10); 115.173(b)(11);
115.173(c); 115.174(a) first paragraph only; 115.174(a)(1)(A);
115.174(a)(1)(B); 115.174(a)(1)(C); 115.174(a)(7); 115.174(a)(8);
115.174(a)(9); 115.174(b) first paragraph only; 115.174(b)(2);
115.174(b)(4); 115.174(b)(5); 115.174(c); 115.175(e); 115.175(g);
115.176(e); 115.191(a) first paragraph only; 115.191(a)(8)(A);
115.191(a)(8)(B); 115.191(a)(8)(C); 115.191(a)(9)(C); 115.191(a)(11);
115.191(b); 115.191(c); 115.192(a); 115.192(b); 115.192(c); 115.193(f);
115.201(a); 115.201(b) first paragraph only; 115.201(b)(2) through
115.201(b)(6); 115.201(c); 115.203(b); 115.221(a) first paragraph only;
115.221(a)(4); and 115.221(b); as adopted by the Texas Air Control Board
on October 14, 1988.
    (B) Revisions to the Texas Air Control Board General Rules (31 TAC
chapter 101), rule 101.1, Definitions for: automobile refinishing;
consumer-solvent products; as adopted by the Texas Air Control Board on
December 18, 1987. Rule 101.1, Definitions for: architectural coating;
automotive primer or
[[Page 578]]
primer surfacers (used in automobile refinishing); automotive wipe-down
solutions; coating application system; delivery vessel/tank-truck tank;
exempt solvent; flexographic printing process; non-flat architectural
coating; packaging rotogravure printing; publication rotogravure
printing; rotogravure printing; surface coating processes; transfer
efficiency; and vapor balance system; as adopted by the Texas Air
Control Board on October 14, 1988.
    (C) The following portions of the Post-1982 Ozone Control Strategies
Dallas and Tarrant Counties Texas State Implementation Plan Revisions
(TX82SIP), as adopted by the Texas Air Control Board on December 18,
1987.
    (1)(d) Emissions Tracking, page 56 (last paragraph), 57, and 58.
    (2)(e) Regulation Review, pages 58-60.
    (3)(a) Emissions Reductions and Growth Unaffected by This Plan, page
63 (first two full paragraphs).
    (4)(e) Transportation Control Measures, pages 67-68.
    (5)(4) Projection of Reasonable Further Progress (RFP), pages 71-72.
    (6)(5) Contengency Plan, page 72.
    (7)(a) Emissions Reductions and Growth Unaffected by This Plan, page
75.
    (8)(e) Transportation Control Measures, pages 79-80.
    (9)(4) Projection of Reasonable Further Progress (RFP), pages 83-84.
    (10)(5) Contingency Plan, page 84.
    (D) TX82SIP, appendix AG, Emission Reduction Commitments for
Transportation Control Measures in Post-1982 SIP Areas, as adopted by
the Texas Air Control Board on December 18, 1987.
    (E) Texas Air Control Board Order No. 85-06, as adopted July 26,
1985.
    (F) Texas Air Control Board Order No. 87-18, as adopted December 18,
1987.
    (G) Texas Air Control Board Order No. 88-10, as adopted October 14,
1988.
    (ii) Additional Material.
    (A) A letter dated September 25, 1989, from Allen Eli Bell,
Executive Director, Texas Air Control Board to Robert E. Layton Jr.,
P.E., Regional Administrator, EPA Region 6.
    (B) TX82SIP, (c) Additional Control Technique Guidelines (CTGs),
pages 48-49.
    (C) TX82SIP, appendix AL, Transportation Control Measure Evaluation
and Documentation of Highway Vehicle Data adopted by the Texas Air
Control Board on December 18, 1987.
    (70) On March 12, 1982, the Governor of Texas submitted a request to
revise the Texas SIP to include an Alternative Emission Reduction Plan
for the E.I. Du Pont de Nemours & Company's Sabine River Works at
Orange, Orange County, Texas. This Bubble uses credits obtained from the
shutdown of sixteen methanol storage tanks and a methanol truck and
railcar loading terminal in lieu of controls on one cyclohexane storage
tank and two methanol storage tanks.
    (i) Incorporation by reference. (A) Texas Air Control Board Order
No. 82-1, entitled ``E.I. Du Pont de Nemours and Company Incorporated''
passed and approved by the Board on January 8, 1982.
    (ii) Additional material. (A) Letter dated October 23, 1989, from
the Director of the Texas Air Control Board (TACB) Technical Support and
Regulation Development Program, giving assurances that the State has
resources and plans necessary to strive toward attainment and
maintenance of the National Ambient Air Quality Standard (NAAQS) for
ozone taking into account the influence of this Bubble on air quality.
    (B) Letter dated May 31, 1988, from the Director of the TACB
Technical Services Division, giving quantification of emissions and
developmental information relative to volatile organic compound
emissions from the storage and terminal facilities at the Du Pont plant.
    (C) Letter dated June 21, 1988, from the Director of the TACB
Technical Services Division, giving the throughput basis for emission
calculations for the tanks and discussing status of the equipment in the
trade.
    (D) Record of Communication of a phone call from Bill Riddle, EPA
Region 6 Emissions Trading Coordinator, to Clayton Smith and Wayne
Burnop, Environmental Engineers for the TACB, dated November 7, 1989.
TACB confirms that there has been no shifting demand for the bubble.
[[Page 579]]
    (E) Record of Communication of a phone call from Mr. Bertie
Fernando, TACB Environmental Engineer, to Bill Riddle, EPA Region 6
Emissions Trading Coordinator, dated December 15, 1989. TACB gives the
status of the equipment in the bubble as a follow up to the June 21,
1988, letter mentioned in paragraph (c) of this section.
    (71) Revisions to section VIII of the Texas SIP entitled ``Texas Air
Pollution Episode Contingency Plan'' as submitted by the Texas Air
Control Board (TACB) in a letter dated October 2, 1987. Revisions to
TACB Regulation VIII, 31 TAC Chapter 118, ``Emergency Episode
Planning,'' as approved by TACB on July 16, 1987, and on April 14, 1989,
and submitted by the Governor in letters dated October 26, 1987, and
October 13, 1989, respectively.
    (i) Incorporation by reference.
    (A) Amended TACB Regulation VIII, 31 TAC chapter 118, Rules
118.1(a), 118.1(b)(2), 118.1(c), 118.2, 118.3, 118.4, 118.5(d),
118.5(e), 118.5(f) and 118.6 as approved on July 17, 1987, and the
repeal of Rule 118.7 as approved by TACB on July 17, 1987.
    (B) Amended TACB Regulation VIII, 31 TAC chapter 118, Rules
118.1(b), 118.1(b)(1), Table 1 of Rule 118.1, first paragraph of Rule
118.5, and 118.5(1), 118.5(2), 118.5(3), as approved by TACB on April
14, 1989.
    (C) TACB Order 87-10, approved July 17, 1987.
    (D) TACB Order 89-01, approved April 14, 1989.
    (E) Texas SIP section VIII ``Texas Air Pollution Episode Contingency
Plan'' pages VIII-3 through VIII-14, VIII-A-2 through VIII-A-4, and
VIII-B-2 through VIII-B-3.
    (ii) Additional material
    (A) Revisions to section VIII as submitted on October 2, 1987, from
Eli Bell, superceding and deleting section VIII as approved by EPA on
October 7, 1982, at 47 FR 44260 (Texas Air Pollution Emergency Episode
Contingency Plan).
    (B) A letter dated February 10, 1989, from Steven Spaw, TACB, to
William B. Hathaway, U.S. EPA.
    (72) Revisions to the plan for attainment of the standard for ozone
in Dallas and Tarrant counties were submitted by the Governor on March
5, 1990 limiting the volatility of gasoline.
    (i) Incorporation by reference. (A) Revisions to the Texas Air
Control Board Regulation V (31 TAC chapter 115), Control of Air
Pollution from Volatile Organic Compounds, Rule 115.242-249 as adopted
by the Texas Air Control Board on December 8, 1989.
    (B) Texas Air Control Board Order No. 89-13, as adopted December 8,
1988.
    (73) Revisions for Prevention of Significant Deterioration (PSD)
are: Regulation VI--Section 116.3(a)(13) as adopted by the Texas Air
Control Board (TACB) on July 26, 1985 and as revised by the TACB on July
17, 1987 and July 15, 1988 and submitted by the Governor on December 11,
1985, October 26, 1987, and September 29, 1988, respectively; the PSD
Supplement as adopted by the TACB on July 17, 1987 and submitted by the
Governor on October 26, 1987; General Rules--Section 101.20(3) as
adopted by the TACB on July 26, 1985 and submitted by the Governor on
December 11, 1985; and the TACB commitment letters submitted by the
Executive Director on September 5, 1989 and April 17, 1992. Approval of
the PSD SIP is partially based on previously approved TACB regulations
and State statutes.
    (i) Incorporation by reference.
    (A) Revisions to the TACB Regulation VI (31 TAC chapter 116)--
Control of Air Pollution by Permits for New Construction or
Modification: Rule 116.3(a)(13) as adopted by the TACB on July 26, 1985
and as revised by the TACB on July 17, 1987 and July 15,1988.
    (B) Revision to TACB General Rules (31 TAC Chapter 101)--Rule
101.20(3) as adopted by the TACB on July 26, 1985.
    (C) TACB Board Order No. 85-07, as adopted on July 26, 1985.
    (D) TACB Board Order No. 87-09, as adopted on July 17, 1987.
    (E) TACB Board Order No. 88-08, as adopted on July 15, 1988.
    (F) The following portions of the PSD Supplement, as adopted by the
TACB on July 17, 1987: 1. (2) Initial Classification of areas in Texas,
pages 1-2; 2. (3) Re-designation procedures, page 2; 3. (4) plan
assessment, pages 2-3; 4. (6) Innovative Control Technology, page 3; and
5. (7) Notification, (a) through (d), page 4.
    (ii) Additional material.
[[Page 580]]
    (A) The PSD Supplement as adopted by the TACB on July 17, 1987.
    (B) A letter dated September 5, 1989, from the Executive Director of
the TACB to the Regional Administrator of EPA Region 6.
    (C) A letter dated April 17, 1992, from the Executive Director of
the TACB to the Division Director of Air, Pesticides and Toxics
Division, EPA Region 6.
    (74) Revisions to Texas Air Control Board's volatile organic
compound regulations were submitted by the Governor of Texas on July 16,
1990.
    (i) Incorporation by reference
    (A) Revisions to Texas Air Control Board Regulation V (31 TAC
Chapter 115) Control of Air Pollution from Volatile Organic Compounds,
Subchapter E: Solvent-Using Processes, Surface Coating Processes,
Sec. 115.421 introductory paragraph, Sec. 115.421(8)(A), Sec. 115.425
introductory paragraph, Sec. 115.425(3), Sec. 115.429 introductory
paragraph, and Sec. 115.429(2)(E), as adopted by the Texas Air Control
Board on June 22, 1990.
    (B) Texas Air Control Board Order No. 90-07 as adopted by the Texas
Air Control Board on June 22, 1990.
    (ii) Additional material
    (A) Texas Air Control Board July 10, 1990, certification signed by
Steve Spaw, P.E., Executive Director, Texas Air Control Board.
    (75) Revisions to the State Implementation Plan for particulate
matter (PM<INF>10</INF> Group III) General Rules (31 TAC Chapter 101),
Sec. 101.1 Definitions for ``De minimis impact'', ``Particulate
matter'', ``Particulate matter emissions'', ``PM<INF>10</INF>'',
``PM<INF>10</INF> emissions'', and ``Total suspended particulate'', as
adopted on June 16, 1989, by the Texas Air Control Board (TACB), were
submitted by the Governor on August 21, 1989.
    (i) Incorporation by reference.
    (A) General Rules (31 TAC Chapter 101), Section 101.1 Definitions
for ``De minimis impact'', ``Particulate matter'', ``Particulate matter
emissions'', ``PM<INF>10</INF>'', ``PM<INF>10</INF> emissions'', and
``Total suspended particulate'', as adopted on June 16, 1989, by the
TACB.
    (ii) Additional material--None.
    (76) A revision to the Texas State Implementation Plan (SIP) to
include revisions to Texas Air Control Board (TACB) Regulation II, 31
TAC Chapter 112. Control of Air Pollution from Sulfur Compounds,
submitted by the Governor by cover letter dated October 15, 1992.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board (TACB), Regulation II, 31
TAC Chapter 112, Section 112.1, ``Definitions;'' Section 112.2,
``Compliance, Reporting, and Recordkeeping;'' Section 112.3, ``Net
Ground Level Concentrations;'' Section 112.4, ``Net Ground Level
Concentration--Exemption Conditions;'' Section 112.5, ``Allowable
Emission Rates--Sulfuric Acid Plant Burning Elemental Sulfur;'' Section
112.6, ``Allowable Emission Rates--Sulfuric Acid Plant;'' Section 112.7,
``Allowable Emission Rates--Sulfur Recovery Plant;'' Section 112.8,
``Allowable Emission Rates From Solid Fossil Fuel-Fired Steam
Generators,'' Subsections 112.8(a), except for the phrase ``Except as
provided in subsection (b) of this section,'' 112.8(c), 112.8(d),
112.8(e); Section 112.9, ``Allowable Emission Rates--Combustion of
Liquid Fuel;'' Section 112.14, ``Allowable Emission Rates--Nonferrous
Smelter Processes;'' Section 112.15, ``Temporary Fuel Shortage Plan
Filing Requirements;'' Section 112.16, ``Temporary Fuel Shortage Plan
Operating Requirements;'' Section 112.17, ``Temporary Fuel Shortage Plan
Notification Procedures;'' Section 112.18, ``Temporary Fuel Shortage
Plan Reporting Requirements;'' Section 112.19, ``Application for Area
Control Plan;'' Section 112.20, ``Exemption Procedure;'' and Section
112.21, ``Allowable Emission Rates Under Area Control Plan,'' as adopted
by the TACB on September 18, 1992.
    (B) Texas Air Control Board Order No. 92-19, as adopted by the Texas
Air Control Board on September 18, 1992.
    (ii) Additional material.
    (A) Texas Air Control Board certification letter dated October 1,
1992, and signed by William R. Campbell, Executive Director, Texas Air
Control Board.
    (B) Texas Air Control Board clarification letter dated July 5, 1993,
from William R. Campbell, Executive Director, Texas Air Control Board,
to A. Stanley Meiburg, Director, Air, Pesticides, and Toxics Division,
EPA Region 6.
[[Page 581]]
    (77) Revisions to Texas Air Control Board Regulation V (31 TAC
Chapter 115), Control of Air Pollution from Volatile Organic Compounds,
were submitted by the Governor on March 5, 1990, July 16, 1990, May 10,
1991, and September 30, 1991.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board Regulation V (31 TAC
Chapter 115), Control of Air Pollution from Volatile Organic Compounds,
as adopted by the Texas Air Control Board on December 8, 1989.
    (B) Revisions to Texas Air Control Board Regulation V (31 TAC
Chapter 115), Control of Air Pollution from Volatile Organic Compounds,
as adopted by the Texas Air Control Board on June 22, 1990:
115.425(1)(D) and 115.425(1)(E).
    (C) Revisions to Texas Air Control Board Regulation V (31 TAC
Chapter 115), Control of Air Pollution from Volatile Organic Compounds,
as adopted by the Texas Air Control Board on May 10, 1991: 115.010--
Definitions for coating, coating line, leak, pounds of volatile organic
compounds (VOC) per gallon of coating (minus water and exempt solvents),
pounds of volatile organic compounds (VOC) per gallon of solids,
printing line, volatile organic compound (VOC), 115.112(c), 115.114
introductory paragraph, 115.114(3), 115.116(1), 115.116(3)(B) through
115.116(3)(D), 115.119(a)(1), 115.119(a)(2), 115.122(a)(3),
115.126(1)(B) through 115.126(1)(E), 115.129(a)(1), 115.129(a)(2),
115.132(a)(4), 115.136, 115.139(a)(1), 115.139(a)(2), 115.212(a)(4),
115.212(a)(5), 115.212(a)(6), 115.215(5), 115.216(2)(B) through
115.216(2)(D), 115.219(a)(1) through 115.219(a)(3), 115.222(7) through
115.222(9), 115.229(1), 115.229(2), 115.239, 115.315(2), 115.316(1)(A)
through 115.316(1)(D), the repeal of 115.317, 115.319(1), 115.319(2),
115.322(4), 115.324(1)(A), 115.324(1)(B), 115.324(2)(A) through
115.324(2)(E), 115.325(2), 115.327(1) through 115.327(5), 115.329
introductory paragraph, 115.329(1), 115.329(2) 115.332 introductory
paragraph, 115.332(4), 115.334(1)(D), 115.334(1)(E), 115.334(2), 115.335
introductory paragraph, 115.335(2), 115.336 introductory paragraph,
115.337(1) through 115.337(5), 115.339, 115.342(4), 115.344(1)(D),
115.344(1)(E), 115.344(2), 115.345(2), 115.347(1) through 115.347(6),
115.349, 115.417(3) through 115.417(6), 115.419(1) through 115.419(3),
115.421 introductory paragraph, 115.421(1) through 115.421(8)(B)
introductory paragraph, 115.421(8)(C) through 115.421(9)(A)(v),
115.421(9)(C), 115.422 introductory paragraph, 115.422(1), 115.422(1)(A)
through 115.422(1)(C), 115.422(2), 115.423(2) through 115.423(4),
115.424 introductory paragraph, 115.424(1) through 115.424(3),
115.425(2), 115.425(3)(B)(i), 115.425(3)(B)(iii), 115.426 introductory
paragraph, 115.426(2), 115.426(2)(A)(ii) through 115.426(2)(A)(iv),
115.426(3), 115.427(6), 115.427(6)(A), 115.427(6)(B), 115.427(7),
115.429(1), 115.429(2)(A), 115.429(2)(B), 115.432 introductory
paragraph, 115.432(1), 115.432(1)(A) through 115.432(1)(C)(iii),
115.432(2), 115.432(3), 115.435(5) through 115.435(7), 115.436(3)(B)
through 115.436(3)(D), 115.437(1), 115.437(2), 115.439(1), 115.439(2),
115.512(3), 115.519, 115.532(5), 115.536(2)(A)(ii) through
115.536(2)(A)(iv), 115.537(5), 115.537(6), 115.539(1), 115.539(2).
    (D) Revisions to Texas Air Control Board Regulation V (31 TAC
Chapter 115), Control of Air Pollution from Volatile Organic Compounds,
as adopted by the Texas Air Control Board on September 20, 1991:
115.010--Definitions for capture efficiency, capture system, carbon
adsorber, carbon adsorption system, control device and control system,
115.126(1), 115.129(a)(3), 115.136, 115.139(a)(2), 115.224(2),
115.229(2), 115.422(2), 115.423(3), 115.425(4) through
115.425(4)(C)(iii), 115.426(3), 115.426(4), 115.429(2)(C), 115.435
introductory paragraph, 115.435(7) through 115.435(7)(C)(iii),
115.435(8), 115.436(6), 115.439(2).
    (78) Revision to the Texas State Implementation Plan for Prevention
of Significant Deterioration adopted by the Texas Air Control Board
(TACB) on December 14, 1990, and submitted by the Governor on February
18, 1991.
    (i) Incorporation by reference.
    (A) Revision to TACB Regulation VI (31 TAC Chapter 116)--Control of
Air Pollution by Permits for New Construction or Modification: Section
116.3(a)(13) as adopted by the TACB on December 14, 1990, and effective
January 7, 1991.
[[Page 582]]
    (B) TACB Board Order No. 90-13, as adopted on December 14, 1990.
    (79) A revision to the Texas SIP addressing moderate PM-10
nonattainment area requirements for El Paso was submitted by the
Governor of Texas by letter dated November 5, 1991. The SIP revision
included, as per section 179B of the Clean Air Act, a modeling
demonstration providing for timely attainment of thePM-10 National
Ambient Air Quality Standards for El Paso but for emissions emanating
from Mexico.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board (TACB), Regulation I,
Section 111.101, ``General Prohibition;'' Section 111.103, ``Exceptions
to Prohibition of Outdoor Burning;'' Section 111.105, ``General
Requirements for Allowable Outdoor Burning;'' Section 111.107,
``Responsibility for Consequences of Outdoor Burning;'' Section 111.143,
``Materials Handling;'' Section 111.145, ''Construction and
Demolition,'' Subsections 111.145(1), 111.145(2); Section 111.147,
``Roads, Streets, and Alleys,'' Subsections 111.147(1)(B),
111.147(1)(C), 111.147(1)(D); and Section 111.149, ``Parking Lots,'' as
adopted by the TACB on June 16, 1989.
    (B) TACB Order No. 89-03, as adopted by the TACB on June 16, 1989.
    (C) Revisions to TACB, Regulation I, Section 111.111, ``Requirements
for Specified Sources,'' Subsection 111.111(c); Section 111.141,
``Geographic Areas of Application and Date of Compliance;'' Section
111.145, ``Construction and Demolition,'' Subsections 111.145(first
paragraph), 111.145(3); and Section 111.147, ``Roads, Streets, and
Alleys,'' Subsections 111.147(first paragraph), 111.147(1)(first
paragraph), 111.147(1)(A), 111.147(1)(E), 111.147(1)(F), and 111.147(2),
as adopted by the TACB on October 25, 1991.
    (D) TACB Order No. 91-15, as adopted by the TACB on October 25,
1991.
    (E) City of El Paso, Texas, ordinance, Title 9 (Health and Safety),
Chapter 9.38 (Woodburning), Section 9.38.010, ``Definitions;'' Section
9.38.020, ``No-Burn Periods;'' Section 9.38.030, ``Notice Required;''
Section 9.38.040, ``Exemptions;'' Section 9.38.050, ``Rebuttable
Presumption;'' and Section 9.38.060, ``Violation Penalty,'' as adopted
by the City Council of the City of El Paso on December 11, 1990.
    (ii) Additional material.
    (A) November 5, 1991, narrative plan addressing the El Paso moderate
PM-10 nonattainment area, including emission inventory, modeling
analyses, and control measures.
    (B) A Memorandum of Understanding between the TACB and the City of
El Paso defining the actions required and the responsibilities of each
party pursuant to the revisions to the Texas PM-10 SIP for El Paso,
passed and approved on November 5, 1991.
    (C) TACB certification letter dated July 27, 1989, and signed by
Allen Eli Bell, Executive Director, TACB.
    (D) TACB certification letter dated October 28, 1991, and signed by
Steve Spaw, Executive Director, TACB.
    (E) El Paso PM-10 SIP narrative from pages 91-92 that reads as
follows: ``* * * provided that adequate information becomes available, a
contingency plan will be developed in conjunction with future El Paso
PM-10 SIP revisions. It is anticipated that EPA, TACB, the City of El
Paso, and SEDUE will continue a cooperative effort to study the PM-10
air quality in the El Paso/Juarez air basin. Based on the availability
of enhanced emissions and monitoring data, as well as more sophisticated
modeling techniques (e.g., Urban Airshed Model), future studies will
attempt to better define the relative contributions of El Paso and
Juarez to the PM-10 problem in the basin. At that time, a contingency
plan can more appropriately be developed in a cooperative effort with
Mexico.''
    (80) A revision to the Texas State Implementation Plan to adopt an
alternate control strategy for the surface coating processes at Lockheed
Corporation of Fort Worth.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order Number 93-13 issued and effective
June 18, 1993, for Lockheed Corporation, Fort Worth approving an
Alternate Reasonably Available Control Technology (ARACT). A letter from
the Governor of Texas dated August 19, 1993, submitting to the EPA the
ARACT demonstration.
[[Page 583]]
    (ii) Additional material-the document prepared by GD titled ``The
Proposed Alternate Reasonably Available Control Technology Determination
for U.S. Air Force Plant Number Four and Ancillary Facilities of General
Dynamics'' dated September 16, 1991.
    (81) A revision to the Texas SIP to include revisions to Texas
Regulation V, 31 TAC Sec. Sec. 115.241-115.249-Control of Vehicle
Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing
Facilities adopted by the State on October 16, 1992, effective November
16, 1992, and submitted by the Governor by cover letter dated November
13, 1992.
    (i) Incorporation by reference.
    (A) Revisions to Texas Regulation V, 31 TAC Sec. Sec. 115.241-
115.249-Control of Vehicle Refueling Emissions (Stage II) at Motor
Vehicle Fuel Dispensing Facilities, effective November 16, 1992.
    (B) Texas Air Control Board Order No. 92-16, as adopted October 16,
1992.
    (ii) Additional materials.
    (A) September 30, 1992, narrative plan addressing: general
requirements, definitions, determination of regulated universe,
certification of approved vapor recovery systems, training, public
information, recordkeeping, requirements for equipment installation and
testing, annual in-use above ground inspections, program penalties,
resources, and benefits.
    (82) A revision to the Texas SIP to include a new Texas Natural
Resource Conservation Commission, Part III, Chapter 101, General Rules,
section 101.10, Emission Inventory Requirements. In a concurrent action,
the TNRCC repealed the existing section 101.10 concerning filing of
emissions data. The new rule and the repealing of the old rule was
submitted to the EPA on October 15, 1992, by the Governor, as a proposed
revision to the SIP.
    (i) Incorporation by reference.
    (A) TNRCC, Part III, Chapter 101, General Rules, section 101.10,
Emission Inventory Requirements, as adopted by the TNRCC on August 20,
1992.
    (B) TNRCC Order No. 92-20, as adopted by the TNRCC on August 20,
1992.
    (ii) Additional material.
    (A) TNRCC certification letter dated October 8, 1992, and signed by
William R. Campbell, Executive Director, TNRCC.
    (83) A revision to the Texas SIP to include an alternate particulate
control plan for certain unpaved industrial roadways at the ASARCO
copper smelter in El Paso, submitted by the Governor by cover letter
dated March 30, 1994.
    (i) Incorporation by reference.
    (A) Texas Natural Resource Conservation Commission Order No. 94-01,
as adopted by the Texas Natural Resource Conservation Commission on
March 9, 1994.
    (B) TNRCC Attachment 3 containing the Texas Air Control Board permit
number 20345 for the ASARCO primary copper smelter in El Paso, Texas,
issued May 11, 1992.
    (C) TNRCC Attachment 4 containing the June 8, 1993, letter from Mr.
Troy W. Dalton, Texas Air Control Board (TACB), to Mr. Thomas Diggs,
U.S. EPA Region 6, addressing the ASARCO Inc. (El Paso) waiver request
from TACB Regulation I, Section 111.147(1)(A), including the enclosure
entitled ``Waiver Provisions to Texas Air Control Board Regulation
111.147(1)(A) for ASARCO, Incorporated, El Paso Account No. EE-0007-G.''
    (ii) Additional material.
    (A) March 9, 1994, SIP narrative addressing the alternate
particulate control plan (in lieu of paving) for certain unpaved
industrial roadways at the ASARCO copper smelter in El Paso.
    (84) A revision to the Texas SIP for the El Paso moderate carbon
monoxide nonattainment area which has a design value less than 12.7
parts per million was submitted by the Governor of Texas to meet the
November 15, 1992, CAA deadline. The elements in this incorporation
include the general SIP revision and the oxygenated fuels regulations
submitted to the EPA on October 23, 1992, and the completed emissions
inventory submitted to the EPA on November 17, 1992.
    (i) Incorporation by reference.
    (A) Addition of a new Section 114.13, ``Oxygenated Fuels'' to the
Texas Air Control Board (TACB), Regulation IV.
    (B) TACB Board Order Number 92-15, as adopted by the TACB on
September 18, 1992.
    (C) SIP narrative plan entitled ``Revisions to the State
Implementation Plan (SIP) for Carbon Monoxide (CO),
[[Page 584]]
1992 CO SIP for Moderate Area--El Paso,'' adopted by the Texas Air
Control Board September 18, 1992, addressing: 3. 1992 CO SIP Revisions
for Moderate Area El Paso (new.) e. Attainment Demonstration, pages 9-
10; f. Oxygenated Fuels 3) Administrative Requirements, page 13, b)
Clerical Reviews, page 15, c) Field Inspections, page 15; and e)
enforcement (i)-(iv), pages 17-19.
    (ii) Additional material.
    (A) SIP narrative plan entitled ``Revisions to the State
Implementation Plan (SIP) for Carbon Monoxide (CO), 1992 CO SIP for
Moderate Area--El Paso,'' adopted by the Texas Air Control Board
September 18, 1992.
    (B) Governor of Texas submittal of November 13, 1992, regarding the
El Paso CO emissions inventory.
    (C) The TACB certification letter dated October 1, 1992, and signed
by William R. Campbell, Executive Director, TACB.
    (85) The State is required to implement a Small Business Stationary
Source Technical and Environmental Compliance Assistance Program
(PROGRAM) as specified in the plan revision submitted by the Governor on
November 13, 1992. This plan submittal, as adopted by the Texas Air
Control Board (TACB) on November 6, 1992, was developed in accordance
with section 507 of the Clean Air Act (CAA).
    (i) Incorporation by reference.
    (A) Texas Clean Air Act (TCAA), TEXAS HEALTH AND SAFETY CODE ANN.
(Vernon 1992), Sec. 382.0365, ``Small Business Stationary Source
Assistance Program'', enacted by the Texas 1991 legislative session and
effective September 1, 1991. Included in TCAA, Sec. 382.0365, are
provisions establishing a small business assistance program (SBAP), an
Ombudsman, and a Compliance Advisory Panel (CAP); establishing
membership of the CAP; and addressing the responsibilities and duties of
the SBAP, Ombudsman, and the CAP.
    (B) TACB Order No. 92-22, as adopted by the TACB on November 6,
1992.
    (C) Appendix C, ``Schedule of Implementation'', appended to the
narrative SIP Revision entitled, ``Revisions to the State Implementation
Plan for the Small Business Stationary Source Technical and
Environmental Compliance Assistance Program, Texas Air Control Board;
November 1992''.
    (ii) Additional material.
    (A) Narrative SIP Revision entitled, ``Revisions to the State
Implementation Plan for the Small Business Stationary Source Technical
and Environmental Compliance Assistance Program, Texas Air Control
Board; November 1992''.
    (B) TACB certification letter dated November 10, 1992, and signed by
William R. Campbell, Executive Director, TACB.
    (C) Legal opinion letter dated October 15, 1992 from Kirk P. Watson,
Chairman, TACB, to Mr. B.J. Wynne, III, Regional Administrator, EPA
Region 6, regarding the composition of the Small Business Compliance
Advisory Panel for Texas.
    (86) [Reserved]
    (87) A revision to the Texas SIP to include revisions to Texas
Regulation IV, 31 TAC Sec. 114.3--Vehicle Emissions Inspection and
Maintenance Program, adopted by the State on November 10, 1993, and
February 16, 1994, regulations effective December 8, 1993, and revisions
to Texas Department of Transportation, Chapter 17. Vehicle Titles and
Registration--Vehicle Emissions Verification System, 43 TAC Sec. 17.80,
adopted by the State on October 28, 1993, effective November 22, 1993,
and submitted by the Governor by cover letters dated November 12, 1993
and March 9, 1994.
    (i) Incorporation by reference.
    (A) House Bill 1969 an act relating to motor vehicle registration,
inspections and providing penalties amending:
    (1) Sections 382.037 and 382.038 of the Texas Health and Safety
Code;
    (2) Section 2 Chapter 88, General Laws, Acts of the 41st
Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's Texas
Civil Statutes);
    (3) Title 116, Articles 6675b-4, 6675b-4A, and 6675b-4B;
    (4) Section 141(d), and section 142(h), Uniform Act Regulating
Traffic on Highways (Article 6701d, Vernon's Civil Statutes);
    (5) Section 4.202, County Road and Bridge Act (Article 6702-1,
Vernon's Texas Civil Statutes) signed by the
[[Page 585]]
Governor on June 8, 1993, and effective August 30, 1993.
    (B) Texas Health and Safety Code (Vernon 1990), the Texas Clean Air
Act, sections 382.017, 382.037, 382.038, and 382.039 effective September
1, 1991.
    (C) Revisions to Texas Regulation IV, 31 TAC Sec. 114.3--Vehicle
Emissions Inspection and Maintenance Program, effective December 8,
1993.
    (D) Order No. 93-23, as adopted November 10, 1993, and Order No. 94-
02 as adopted February 16, 1994.
    (E) Texas Civil Statutes, Articles 6675a-1 to 6675b-2 and 6687-1.
(Vernon 1993).
    (F) Revisions to Texas Department of Transportation, Chapter 17.
Vehicle Titles and Registration--Vehicle Emissions Verification System,
43 TAC Sec. 17.80, effective November 22, 1993.
    (ii) Additional materials.
    (A) SIP narrative plan entitled ``Revisions to the State
Implementation Plan (SIP) for the Control of Ozone Air Pollution--
Inspection/Maintenance SIP for Dallas/Fort Worth, El Paso, Beaumont/Port
Arthur, and Houston/Galveston Ozone Nonattainment Areas,'' submitted to
the EPA on November 12, 1993, and on March 9, 1994 addressing by
section: 8(a)(1) Applicability, 8(a)(2) Adequate Tools and Resources,
8(a)(3)
I/M Performance Standards, 8(a)(4) Network Type and Program Evaluation,
8(a)(5) Test Frequency and Convenience, 8(a)(6) Vehicle coverage,
8(a)(7) Test Procedures and Standards and Test Equipment, 8(a)(8)
Quality Control, 8(a)(9) Quality Assurance, 8(a)(10) Waivers and
Compliance Via Diagnostic Inspection, 8(a)(11) Motorist Compliance
Enforcement, 8(a)(12) Motorist Compliance Enforcement Program Oversight,
8(a)(13) Enforcement Against Contractors, Stations and Inspectors,
8(a)(14) Compliance with Recall Notices, 8(a)(15) Data Collection,
8(a)(16) Data Analysis and Reporting, 8(a)(17) Inspector Training and
Licensing or Certification, 8(a)(18) Public Information, 8(a)(19)
Consumer Protection Provisions, 8(a)(20) Improving Repair Effectiveness,
8(a)(21) On-Road Testing, 8(a)(22) State Implementation Plan Submission
and Appendices.
    (B) Letter dated May 4, 1994, from John Hall, Chairman of the Texas
Natural Resource Conservation Commission to the EPA, clarifying the
State's intent regarding its Executive Director's exemption policy and
repair effectiveness program.
    (88) Revisions to the Texas State Implementation Plan, submitted to
EPA on June 8 and November 13, 1992, respectively. These revisions adopt
expansion of applicability for Reasonably Available Control Technology
(RACT) rules for volatile organic compounds (VOCs) to ensure that all
major VOC sources are covered by RACT, to revise the major source
definition, and to revise certain monitoring, recordkeeping, and
reporting requirements for Victoria County, Texas.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order No. 92-04, as adopted on May 8,
1992.
    (B) Revisions to the General Rules, as adopted by the Board on May
8, 1992, section 101.1--New definitions for capture efficiency, capture
system, carbon adsorber, carbon adsorption system, coating, coating
line, control device, control system, pounds of volatile organic
compounds (VOC) per gallon of coating (minus water and exempt solvents),
pounds of volatile organic compounds (VOC) per gallon of solids,
printing line; revised definitions for component, exempt solvent, leak,
vapor recovery system, volatile organic compound (VOC).
    (C) Revisions to Regulation V, as adopted by the Board on May 8,
1992, sections 115.010 (Definitions)--Beaumont/Port Arthur area, Dallas/
Fort Worth area, El Paso area, Houston/Galveston area; revised
definition for delivery vessel/tank truck tank; 115.112(a),
115.112(a)(3), 115.112(b)(1), 115.112(b)(2), 115.112(b)(2)(A) through
115.112(b)(2)(D), 115.112(b)(2)(E), 115.112(b)(2)(F), 115.112(c),
115.112(c)(3)(A), 115.112(c)(3)(B), 115.113(a) through 115.113(c),
115.114(a), 115.114(b), 115.114(b)(1), 115.114(b)(2), 115.115(a),
115.115(b), 115.115(b)(1) through 115.115(b)(8), 115.116(a),
115.116(a)(4), 115.116(b), 115.116(b)(1) through 115.116(b)(4),
115.117(a), 115.117(b), 115.117(b)(1) through 115.117(b)(6),
115.117(b)(6)(A) through 115.117(b)(6)(C), 115.117(b)(7),
115.117(b)(7)(A) through 115.117(b)(7)(C), 115.117(c), 115.117(c)(1)
through
[[Page 586]]
115.117(c)(4), 115.119 introductory paragraph, 115.121(a),
115.121(a)(1), 115.121(a)(1)(C), 115.121(a)(2), 115.121(a)(3),
115.121(b), 115.121(b)(1) through 115.121(b)(3), 115.121(c),
115.121(c)(1), 115.121(c)(2) through 115.121(c)(4), 115.122(a),
115.122(b), 115.122(c), 115.122(c)(1) through 115.122(c)(4), 115.123(a)
through 115.123(c), 115.125(a), 115.125(a)(2), 115.125(b), 115.125(b)(1)
through 115.125(b)(7), 115.126 introductory paragraph, 115.127(a),
115.127(a)(2), 115.127(a)(3), 115.127(a)(3)(B), 115.127(a)(3)(C),
115.127(a)(4), 115.127(a)(4)(C), 115.127(b), 115.127(b)(1),
115.127(b)(2), 115.127(b)(2)(A) through 115.127(b)(2)(B), 115.127(c),
115.127(c)(1), 115.127(c)(2), 115.127(c)(2)(A) through 115.127(c)(2)(C),
115.129 introductory paragraph, 115.129(1) through 115.129(3),
115.131(a), 115.131(a)(2) through 115.131(a)(4), 115.131(b) through
115.131(c), 115.132(a), 115.132(b), 115.132(b)(1) through 115.132(b)(3),
115.132(c), 115.132(c)(3), 115.133(a) through 115.133(c), 115.135(a),
115.135(b), 115.135(b)(1) through 115.135(b)(6), 115.136(a),
115.136(a)(1), 115.136(a)(2), 115.136(a)(2)(A) through 115.136(a)(2)(D),
115.136(a)(3), 115.136(a)(4), 115.136(b), 115.137(a), 115.137(a)(1)
through 115.137(a)(4), 115.137(b), 115.137(b)(1) through 115.137(b)(4),
115.137(c), 115.137(c)(1) through 115.137(c)(3), 115.139 introductory
paragraph, 115.139(1), 115.139(2), 115.211 introductory paragraph,
115.211(1)(A), 115.211(1)(B), 115.211(2), 115.212(a), 115.212(a)(4),
115.212(a)(5), 115.212(b), 115.212(b)(1), 115.212(b)(2),
115.212(b)(2)(A), 115.212(b)(2)(B), 115.212(b)(3), 115.212(b)(3)(A)
through 115.212(b)(3)(C), 115.212(c), 115.212(c)(1), 115.213(a) through
115.213(c), 115.214(a), 115.214(a)(3), 115.214(a)(4), 115.214(b),
115.214(b)(1), 115.214(b)(2), 115.215(a), 115.215(b), 115.215(b)(1)
through 115.215(b)(8), 115.216 introductory paragraph, 115.216(4),
115.217(a), 115.217(a)(2) through 115.217(a)(4), 115.217(b),
115.217(b)(1) through 115.217(b)(3), 115.217(c), 115.217(c)(3), 115.219
introductory paragraph, 115.219(1) through 115.219(6), 115.221
introductory paragraph, 115.222 introductory paragraph, 115.222(6),
115.223 introductory paragraph, 115.224 introductory paragraph,
115.224(2), 115.225 introductory paragraph, 115.226 introductory
paragraph, 115.227 introductory paragraph, 115.229 introductory
paragraph, 115.234 introductory paragraph, 115.235 introductory
paragraph, 115.236 introductory paragraph, 115.239 introductory
paragraph, 115.311(a), 115.311(a)(1), 115.311(a)(2), 115.311(b),
115.311(b)(1), 115.311(b)(2), 115.312(a), 115.312(a)(2), 115.312(b),
115.312(b)(1), 115.312(b)(1)(A), 115.312(b)(1)(B), 115.312(b)(2),
115.313(a) through 115.313(b), 115.315(a), 115.315(b), 115.315(b)(1)
through 115.315(b)(7), 115.316 introductory paragraph, 115.316(1),
115.316(2), 115.316(3), 115.317 introductory paragraph, 115.319
introductory paragraph, 115.319(1), 115.319(2), 115.322(a), 115.322(b),
115.322(b)(1) through 115.322(b)(5), 115.323(a), 115.323(a)(2),
115.323(b), 115.323(b)(1), 115.323(b)(2), 115.324(a), 115.324(a)(4),
115.324(b), 115.324(b)(1), 115.324(b)(1)(A) through 115.324(b)(1)(D),
115.324(b)(2), 115.324(b)(2)(A) through 115.324(b)(2)(C), 115.324(b)(3)
through 115.324(b)(8), 115.324(b)(8)(A), 115.324(b)(8)(A)(i),
115.324(b)(8)(A)(ii), 115.324(b)(8)(B), 115.325(a), 115.325(b),
115.325(b)(1) through 115.325(b)(3), 115.326(a), 115.326(a)(2),
115.326(b), 115.326(b)(1), 115.326(b)(2), 115.326(b)(2)(A) through
115.326(b)(2)(I), 115.326(b)(3), 115.326(b)(4), 115.327(a),
115.327(a)(2), 115.327(a)(4), 115.327(a)(5), 115.327(b), 115.327(b)(1),
115.327(b)(1)(A) through 115.327(b)(1)(C), 115.327(b)(2) through
115.327(b)(6), 115.329 introductory paragraph, 115.332 introductory
paragraph, 115.333 introductory paragraph, 115.334 introductory
paragraph, 115.334(3), 115.334(3)(A), 115.335 introductory paragraph,
115.336 introductory paragraph, 115.337 introductory paragraph,
115.337(2) through 115.337(4), 115.337(4)(E), 115.339 introductory
paragraph, 115.342 introductory paragraph, 115.343 introductory
paragraph, 115.344 introductory paragraph, 115.345 introductory
paragraph, 115.346 introductory paragraph, 115.347 introductory
paragraph, 115.347(3), 115.349 introductory paragraph, 115.412(a),
115.412(a)(1)(F)(iv), 115.412(a)(3)(I), 115.412(a)(3)(I)(viii),
115.412(b), 115.412(b)(1), 115.412(b)(1)(A), 115.412(b)(1)(A)(i) through
115.412(b)(1)(A)(iii), 115.412(b)(1)(B) through 115.412(b)(1)(F),
115.412(b)(1)(F)(i) through 115.412(b)(1)(F)(iv), 115.412(b)(2),
[[Page 587]]
115.412(b)(2)(A), 115.412(b)(2)(B), 115.412(b)(2)(B)(i) through
115.412(b)(2)(B)(iii), 115.412(b)(2)(C), 115.412(b)(2)(D),
115.412(b)(2)(D)(i) through 115.412(b)(2)(D)(iv), 115.412(b)(2)(E),
115.412(b)(2)(F), 115.412(b)(2)(F)(i) through 115.412(b)(2)(F)(xiii),
115.412(b)(3), 115.412(b)(3)(A), 115.412(b)(3)(A)(i),
115.412(b)(3)(A)(ii), 115.412(b)(3)(B) through 115.412(b)(3)(I),
115.412(b)(3)(I)(i) through 115.412(b)(3)(I)(viii), 115.413(a),
115.413(a)(1), 115.413(a)(2), 115.413(b), 115.413(b)(1), 115.413(b)(2),
115.415(a), 115.415(a)(1), 115.415(a)(2), 115.415(b), 115.415(b)(1),
115.415(b)(1)(A), 115.415(b)(1)(B), 115.415(b)(2), 115.415(b)(2)(A)
through 115.415(b)(2)(E), 115.416(a), 115.416(b), 115.416(b)(1),
115.416(b)(2), 115.417(a), 115.417(a)(1) through 115.417(a)(6),
115.417(b), 115.417(b)(1) through 115.417(b)(6), 115.419(a) through
115.419(b), 115.421(a), 115.421(a)(8), 115.421(a)(8)(A),
115.421(a)(8)(B), 115.421(a)(8)(C), 115.421(a)(9), 115.421(a)(9)(v),
115.421(a)(11), 115.421(b), 115.421(b)(1) through 115.421(b)(9),
115.421(b)(9)(A), 115.421(b)(9)(A)(i) through 115.421(b)(9)(A)(iv),
115.421(b)(9)(B), 115.421(b)(9)(C), 115.421(b)(10), 115.422(a),
115.422(a)(1), 115.422(a)(2), 115.423(a), 115.423(a)(3), 115.423(a)(4),
115.423(b), 115.423(b)(1) through 115.423(b)(4), 115.424(a),
115.424(a)(1) through 115.424(a)(3), 115.424(a)(2), 115.424(b),
115.424(b)(1), 115.424(b)(2), 115.425(a), 115.425(a)(1), 115.425(a)(2),
115.425(a)(3), 115.425(a)(3)(B), 115.425(a)(4)(C)(ii), 115.425(b),
115.424(b)(1), 115.424(b)(1)(A) through 115.425(b)(1)(E), 115.425(b)(2),
115.424(b)(2)(A) through 115.425(b)(2)(E), 115.426(a), 115.426(a)(1),
115.426(a)(1)(C), 115.426(a)(2), 115.426(a)(2)(B), 115.426(a)(3),
115.426(a)(4), 115.426(b), 115.426(b)(1), 115.426(b)(1)(A) through
115.426(b)(1)(D), 115.426(b)(2), 115.426(b)(2)(A), 115.426(b)(2)(A)(i)
through 115.426(b)(2)(A)(iv), 115.426(b)(2)(B), 115.426(b)(2)(C),
115.426(b)(3), 115.427(a), 115.427(a)(1), 115.427(a)(2),
115.427(a)(2)(A), 115.427(a)(2)(B), 115.427(a)(3), 115.427(a)(4),
115.427(a)(5), 115.427(a)(5)(A), 115.427(a)(5)(B), 115.426(a)(6),
115.427(b), 115.427(b)(1), 115.427(b)(2), 115.427(b)(2)(A) through
115.427(b)(2)(E), 115.427(b)(3), 115.427(b)(3)(A) through
115.427(b)(3)(C), 115.429(a) through 115.429(c), 115.432(a),
115.432(a)(2), 115.432(a)(3), 115.432(b), 115.432(b)(1) through
115.432(b)(3), 115.432(b)(3)(A) through 115.432(b)(3)(C), 115.433(a),
115.433(b), 115.435(a), 115.435(a)(6), 115.435(a)(7),
115.435(a)(7)(C)(ii), 115.435(a)(8), 115.435(b), 115.435(b)(1) through
115.435(b)(7), 115.436(a), 115.436(a)(1), 115.436(a)(2), 114.436(a)(4)
through 115.436(a)(6), 115.436(b), 115.436(b)(1) through 115.436(b)(3),
115.436(b)(3)(A) through 115.436(b)(3)(C), 115.436(b)(4), 115.436(b)(5),
115.437(a), 115.437(a)(1) through 115.437(a)(4), 115.437(b), 115.439(a)
through 115.439(c), 115.512 introductory paragraph, 115.512 (1) through
115.512(3), 115.513 introductory paragraph, 115.515 introductory
paragraph, 115.516 introductory paragraph, 115.517 introductory
paragraph, 115.519(a) through 115.519(b), 115.531(a), 115.531(a)(2),
115.531(a)(3), 115.531(b), 115.531(b)(1) through 115.531(b)(3),
115.532(a), 115.532(a)(4), 115.532(a)(5), 115.532(b), 115.532(b)(1)(A),
115.532(b)(1)(B), 115.532(b)(2), 115.532(b)(3), 115.532(b)(3)(A),
115.532(b)(3)(B), 115.532(b)(4), 115.533(a), 115.533(b), 115.534(a),
115.534(b), 115.534(b)(1), 115.534(b)(2), 115.535(a), 115.535(b),
115.535(b)(1) through 115.535(b)(6), 115.536(a), 115.536(a)(1),
115.536(a)(2), 115.536(a)(3), 115.536(a)(4), 115.536(b), 115.536(b)(1),
115.536(b)(2), 115.536(b)(2)(A), 115.536(b)(2)(A)(i) through
115.536(b)(2)(A)(iii), 115.536(b)(2)(B), 115.536(b)(3),
115.536(b)(3)(A), 115.536(b)(3)(B), 115.536(b)(4), 115.536(b)(5),
115.537(a), 115.537(a)(1) through 115.537(a)(7), 115.537(b),
115.537(b)(1) through 115.537(b)(5), 115.539(a), 115.539(b), 115.612
introductory paragraph, 115.613 introductory paragraph, 115.614
introductory paragraph, 115.615 introductory paragraph, 115.615(1),
115.617 introductory paragraph, 115.617(1), 115.619 introductory
paragraph.
    (D) Texas Air Control Board Order No. 92-16, as adopted on October
16, 1992.
    (E) Revisions to the General Rules, as adopted by the Board on
October 16, section 101.1: Introductory paragraph, new definition for
extreme performance coating; revised definitions for gasoline bulk
plant, paragraph vii of
[[Page 588]]
miscellaneous metal parts and products coating, mirror backing coating,
volatile organic compound.
    (F) Revisions to Regulation V, as adopted by the Board on October
16, 1992, sections 115.010--new definition for extreme performance
coating; revised definitions for gasoline bulk plant, paragraph vii of
miscellaneous metal parts and products coating, mirror backing coating,
and volatile organic compound; 115.116 title (Monitoring and
Recordkeeping Requirements), 115.116(a)(2), 115.116(a)(3),
115.116(a)(3)(A) through 115.116(a)(3)(C), 115.116(a)(5), 115.116(b)(2),
115.116(b)(3), 115.116(b)(3)(A) through 115.116(b)(3)(D), 115.116(b)(4),
115.116(b)(5), 115.119(a), 115.119(b), 115.126 title (Monitoring and
Recordkeeping Requirements), 115.126(a), 115.126(a)(1)(A),
115.126(a)(1)(C), 115.126(a)(1)(E), 115.126(b), 115.126(b)(1),
115.126(b)(1)(A) through 115.126(b)(1)(E), 115.126(b)(2),
115.126(b)(2)(A) through 115.126(b)(2)(D), 115.126(b)(3),
115.126(b)(3)(A), 115.126(b)(3)(B), 115.127(a)(4)(A) through
115.127(a)(4)(C), 115.129(a), 115.129(a)(1), 115.129(b), 115.136 title
(Monitoring and Recordkeeping Requirements), 115.136(a)(4), 115.136(b),
115.136(b)(1), 115.136(b)(2), 115.136(b)(2)(A) through 115.136(b)(2)(D),
115.136(b)(3), 115.136(b)(4), 115.139(a), 115.139(b), 115.211(a),
115.211(b), 115.215(a), 115.215(b), 115.216 title (Monitoring and
Recordkeeping Requirements), 115.216(a), 115.216(a)(2)(A) through
115.216(a)(2)(C), 115.216(a)(5), 115.216(b), 115.216(b)(1),
115.216(b)(2), 115.216(b)(2)(A) through 115.216(b)(2)(D), 115.216(b)(3),
115.216(b)(3)(A), 115.216(b)(3)(B), 115.216(b)(4), 115.217(a)(6),
115.219(a)(1) through 115.219(a)(4), 115.219(b), 115.316 title
(Monitoring and Recordkeeping Requirements), 115.316(a),
115.316(a)(1)(A), 115.316(a)(1)(C), 115.316(a)(4), 115.316(b),
115.316(b)(1), 115.316(b)(1)(A) through 115.316(b)(1)(D), 115.316(b)(2),
115.316(b)(2)(A) through 115.316(b)(2)(C), 115.316(b)(3), 115.316(b)(4),
115.319(a)(1), 115.319(a)(2), 115.319(b), 115.421(a), 115.421(a)(12),
115.421(a)(12)(A), 115.421(a)(12)(A)(i), 115.421(a)(12)(A)(ii),
115.421(a)(12)(B), 115.425(a)(4)(C)(ii), 115.426 title (Monitoring and
Recordkeeping Requirements), 115.426(a)(2), 115.426(a)(2)(A)(i),
115.426(b)(2), 115.426(b)(2)(i), 115.427(a)(5)(C), 115.427(a)(6),
115.427(a)(6)(A) through 115.427(a)(6)(C), 115.427(a)(7), 115.429(d),
115.436 title (Monitoring and Recordkeeping Requirements),
115.436(a)(3), 115.436(a)(3)(C), 115.436(b), 115.436(b)(3),
115.436(b)(3)(B) through 115.436(b)(3)(D), 115.439(d), 115.536 title
(Monitoring and Recordkeeping Requirements), 115.536(a)(1),
115.536(a)(2), 115.536(a)(2)(A), 115.536(a)(2)(A)(ii), 115.536(a)(5),
115.536(b)(1), 115.536(b)(2), 115.536(b)(2)(A), 115.536(b)(2)(A)(ii)
through 115.536(b)(2)(A)(iv), 115.539(c).
    (89) A revision to the Texas State Implementation Plan to adopt an
attainment demonstration control strategy for lead which addresses that
portion of Collin County owned by GNB.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order Number 92-09 issued and effective
October 16, 1992, for settlement of the enforcement action against the
GNB facility at Frisco, Texas.
    (B) Texas Air Control Board Order Number 93-10 issued and effective
June 18, 1993, for control of lead emissions from the GNB facility at
Frisco, Texas.
    (C) Texas Air Control Board Order Number 93-12 issued and effective
June 18, 1993, establishing contingency measures relating to the GNB
facility at Frisco, Texas.
    (ii) Additional material.
    (A) The lead attainment demonstration prepared by the State, dated
July 1993.
    (90) A revision to the Texas SIP regarding ozone monitoring. The
State of Texas will modify its SLAMS and its NAMS monitoring systems to
include a PAMS network design and establish monitoring sites. The
State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference.
    (A) TNRCC Order Number 93-24 as adopted by the TNRCC November 10,
1993.
    (B) SIP narrative plan entitled ``Revisions to the State
Implementation Plan (SIP) for the Control of Ozone Air Pollution''
adopted by the TNRCC on November 10, 1993, addressing: 1993 Rate-of-
Progress SIP for Dallas/Fort Worth, El Paso, Beaumont/Port Arthur and
Houston/Galveston Ozone Nonattainment Areas, Section VI: Control
[[Page 589]]
Strategy, B. Ozone Control Strategy, 7. SIP Revisions for 1993 Rate-of-
Progress (new.), a. Ozone Control Plan, 1) General, f) Photochemical
Assessment Monitoring Stations, page 87, second paragraph, first
sentence; third paragraph; fourth paragraph; and, the fifth paragraph
which ends on page 88; page 88, first complete paragraph, including
numbers (1), (2) and (3).
    (ii) Additional material.
    (A) The Texas SIP revision narrative regarding PAMS.
    (B) TNRCC certification letter dated November 10, 1993, and signed
by Gloria A. Vasquez, Chief Clerk, TNRCC.
    (91)-(92)  [Reserved]
    (93) A revision to the Texas State Implementation Plan (SIP) to
include agreed orders limiting sulfur dioxide (SO<INF>2</INF>) allowable
emissions at certain nonpermitted facilities in Harris County, and to
include a modeling demonstration showing attainment of the
SO<INF>2</INF> National Ambient Air Quality Standards, was submitted by
the Governor by cover letter dated August 3, 1994.
    (i) Incorporation by reference.
    (A) Texas Natural Resource Conservation Commission (TNRCC) Order No.
94-09, as adopted by the TNRCC on June 29, 1994.
    (B) TNRCC Order No. 94-10 for Anchor Glass Container, as adopted by
the TNRCC on June 29, 1994.
    (C) TNRCC Order No. 94-11 for Crown Central Petroleum Corporation,
as adopted by the TNRCC on June 29, 1994.
    (D) TNRCC Order No. 94-12 for Elf Atochem North America, Inc., as
adopted by the TNRCC on June 29, 1994.
    (E) TNRCC Order No. 94-13 for Exxon Company USA, as adopted by the
TNRCC on June 29, 1994.
    (F) TNRCC Order No. 94-14 for ISK Biosciences Corporation, as
adopted by the TNRCC on June 29, 1994.
    (G) TNRCC Order No. 94-15 for Lyondell Citgo Refining Company, LTD.,
as adopted by the TNRCC on June 29, 1994.
    (H) TNRCC Order No. 94-16 for Lyondell Petrochemical Company, as
adopted by the TNRCC on June 29, 1994.
    (I) TNRCC Order No. 94-17 for Merichem Company, as adopted by the
TNRCC on June 29, 1994.
    (J) TNRCC Order No. 94-18 for Mobil Mining and Minerals Company, as
adopted by the TNRCC on June 29, 1994.
    (K) TNRCC Order No. 94-19 for Phibro Energy USA, Inc., as adopted by
the TNRCC on June 29, 1994.
    (L) TNRCC Order No. 94-20 for Shell Chemical and Shell Oil, as
adopted by the TNRCC on June 29, 1994.
    (M) TNRCC Order No. 94-21 for Shell Oil Company, as adopted by the
TNRCC on June 29, 1994.
    (N) TNRCC Order No. 94-22 for Simpson Pasadena Paper Company, as
adopted by the TNRCC on June 29, 1994.
    (ii) Additional material.
    (A) May 27, 1994, letter from Mr. Norman D. Radford, Jr. to the
TNRCC and the EPA Region 6 requesting approval of an equivalent method
of monitoring sulfur in fuel and an equivalent method of determining
compliance.
    (B) June 28, 1994, letter from Anthony C. Grigsby, Executive
Director, TNRCC, to Crown Central Petroleum Corporation, approving an
alternate monitoring and compliance demonstration method.
    (C) June 28, 1994, letter from Anthony C. Grigsby, Executive
Director, TNRCC, to Exxon Company USA, approving an alternate monitoring
and compliance demonstration method.
    (D) June 28, 1994, letter from Anthony C. Grigsby, Executive
Director, TNRCC, to Lyondell Citgo Refining Co., LTD., approving an
alternate monitoring and compliance demonstration method.
    (E) June 28, 1994, letter from Anthony C. Grigsby, Executive
Director, TNRCC, to Phibro Energy, USA, Inc., approving an alternate
monitoring and compliance demonstration method.
    (F) June 28, 1994, letter from Anthony C. Grigsby, Executive
Director, TNRCC, to Shell Oil Company, approving an alternate monitoring
and compliance demonstration method.
    (G) June 8, 1994, letter from Mr. S. E. Pierce, Mobil Mining and
Minerals Company, to the TNRCC requesting approval of an alternative
quality assurance program.
    (H) June 28, 1994, letter from Anthony C. Grigsby, Executive
Director, TNRCC, to Mobil Mining and Minerals Company, approving an
alternative quality assurance program.
[[Page 590]]
    (I) August 3, 1994, narrative plan addressing the Harris County
Agreed Orders for SO<INF>2</INF>, including emission inventories and
modeling analyses (i.e. the April 16, 1993, report entitled ``Evaluation
of Potential 24-hour SO<INF>2</INF> Nonattainment Area in Harris County,
Texas-Phase II'' and the June, 1994, addendum).
    (J) TNRCC certification letter dated June 29, 1994, and signed by
Gloria Vasquez, Chief Clerk, TNRCC.
    (94) Revisions to the Texas SIP addressing visible emissions
requirements were submitted by the Governor of Texas by letters dated
August 21, 1989, January 29, 1991, October 15, 1992 and August 4, 1993.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board (TACB), Regulation I,
Section 111.111, ``Requirements for Specified Sources;'' Subsection
111.111(a) (first paragraph) under ``Visible Emissions;'' Subsections
111.111(a)(1) (first paragraph), 111.111(a)(1)(A), 111.111(a)(1)(B) and
111.111(a)(1)(E) under ``Stationary Vents;'' Subsection 111.111(b)
(first paragraph) under ``Compliance Determination Exclusions;'' and
Subsections 111.113 (first paragraph), 111.113(1), 111.113(2), and
111.113(3) under ``Alternate Opacity Limitations,'' as adopted by the
TACB on June 16, 1989.
    (B) TACB Board Order No. 89-03, as adopted by the TACB on June 16,
1989.
    (C) Revisions to Texas Air Control Board (TACB), Regulation I,
Section 111.111, ``Requirements for Specified Sources;'' Subsections
111.111(a)(4)(A) and 111.111(a)(4)(B)(i) under ``Railroad Locomotives or
Ships;'' Subsections 111.111(a)(5)(A) and 111.111(a)(5)(B)(i) under
``Structures;'' and Subsections 111.111(a)(6)(A) and 111.111(a)(6)(B)(i)
under ``Other Sources,'' as adopted by the TACB on October 12, 1990.
    (D) TACB Board Order No. 90-12, as adopted by the TACB on October
12, 1990.
    (E) Revisions to Texas Air Control Board (TACB), Regulation I,
Section 111.111, ``Requirements for Specified Sources;'' Subsections
111.111(a)(1)(C), 111.111(a)(1)(D), 111.111(a)(1)(F) (first paragraph),
111.111(a)(1)(F)(i), 111.111(a)(1)(F)(ii), 111.111(a)(1)(F)(iii),
111.111(a)(1)(F)(iv), and 111.111(a)(1)(G) under ``Stationary Vents;''
Subsections 111.111(a)(2) (first paragraph), 111.111(a)(2)(A),
111.111(a)(2)(B), and 111.111(a)(2)(C) under ``Sources Requiring
Continuous Emissions Monitoring;'' Subsection 111.111(a)(3) (first
paragraph) under ``Exemptions from Continuous Emissions Monitoring
Requirements;'' Subsection 111.111(a)(4), ``Gas Flares,'' title only;
Subsection 111.111(a)(5) (first paragraph) under ``Motor Vehicles;''
Subsections 111.111(a)(6)(A), 111.111(a)(6)(B) (first paragraph),
111.111(a)(6)(B)(i) and 111.111(a)(6)(B)(ii) under ``Railroad
Locomotives or Ships'' (Important note, the language for
111.111(a)(6)(A) and 111.111(a)(6)(B)(i) was formerly adopted as
111.111(a)(4)(A) and 111.111(a)(4)(B)(i) on October 12, 1990);
Subsections 111.111(a)(7)(A), 111.111(a)(7)(B) (first paragraph),
111.111(a)(7)(B)(i) and 111.111(a)(7)(B)(ii) under ``Structures''
(Important note, the language for 111.111(a)(7)(A) and
111.111(a)(7)(B)(i) was formerly adopted as 111.111(a)(5)(A) and
111.111(a)(5)(B)(i) on October 12, 1990); and Subsections
111.111(a)(8)(A), 111.111(a)(8)(B) (first paragraph),
111.111(a)(8)(B)(i) and 111.111(a)(8)(B)(ii) under ``Other Sources''
(Important note, the language for 111.111(a)(8)(A) and
111.111(a)(8)(B)(i) was formerly adopted as 111.111(a)(6)(A) and
111.111(a)(6)(B)(i) on October 12, 1990), as adopted by the TACB on
September 18, 1992.
    (F) TACB Board Order No. 92-19, as adopted by the TACB on September
18, 1992.
    (G) Revisions to Texas Air Control Board (TACB), Regulation I,
Section 111.111, ``Requirements for Specified Sources;'' Subsections
111.111(a)(4)(A) (first paragraph), 111.111(a)(4)(A)(i),
111.111(a)(4)(A)(ii), and 111.111(a)(4)(B) under ``Gas Flares,'' as
adopted by the TACB on June 18, 1993.
    (H) TACB Board Order No. 93-06, as adopted by the TACB on June 18,
1993.
    (ii) Additional material.
    (A) TACB certification letter dated July 27, 1989, and signed by
Allen Eli Bell, Executive Director, TACB.
    (B) TACB certification letter dated January 9, 1991, and signed by
Steve Spaw, Executive Director, TACB.
    (C) TACB certification letter dated October 1, 1992, and signed by
William Campbell, Executive Director, TACB.
[[Page 591]]
    (D) TACB certification letter dated July 13, 1993, and signed by
William Campbell, Executive Director, TACB.
    (95) Alternative emission reduction (bubble) plan for the Shell Oil
Company's Deer Park manufacturing complex submitted to the EPA by the
Governor of Texas in a letter dated July 26, 1993.
    (i) Incorporation by reference.
    (A) TACB Order 93-11, as adopted by the TACB on June 18, 1993.
    (B) SIP narrative entitled, ``Site-Specific State Implementation
Plan,'' section IV.H.1.b., attachment (4), entitled, ``Alternate
Emission Reduction (``Bubble'') Plan Provisions for Uncontrolled Vacuum-
Producing Vents, Shell Oil Company, Deer Park Manufacturing Complex, HG-
0659-W,'' adopted by the TACB on June 18, 1993.
    (ii) Additional material.
    (A) SIP narrative entitled, ``Site-Specific State Implementation
Plan,'' section IV.H.1.b., adopted by the TACB on June 18, 1993.
    (B) TACB certification letter dated July 5, 1993, and signed by
William R. Campbell, Executive Director, TACB.
    (96) A revision to the Texas State Implementation Plan for
Transportation Conformity: Regulation 30 TAC Chapter 114 ``Control of
Air Pollution from Motor Vehicles'', Section 114.27 ``Transportation
Conformity'' as adopted by the Texas Natural Resource Conservation
Commission (TNRCC) on October 19, 1994, was submitted by the Governor on
November 6, 1994. No action is taken on a portion of 30 TAC 114.27(c)
that contains provisions of 40 CFR 51.448.
    (i) Incorporation by reference.
    (A) The TNRRC 30 TAC Chapter 114 ``Control of Air Pollution from
Motor Vehicles'', 114.27 ``Transportation Conformity'' as adopted by the
TNRCC on October 19, 1994. No action is taken on a portion of 30 TAC
114.27(c) that contains provisions of 40 CFR 51.448.
    (B) TNRCC order No. 94-40 as passed and approved on October 12,
1994.
    (ii) Additional material. None.
    (97) Revisions to the Texas SIP addressing revisions to the Texas
Air Control Board (TACB) General Rules, 31 Texas Administrative Code
(TAC) Chapter 101, ``General Rules'', section 101.1, ``Definitions'',
and revisions to TACB Regulation VI, 31 TAC Chapter 116, ``Control of
Air Pollution by Permits for New Construction or Modification,'' were
submitted by the Governor of Texas by letters dated December 11, 1985,
October 26, 1987, February 18, 1988, September 29, 1988, December 1,
1989, September 18, 1990, November 5, 1991, May 13, 1992, November 13,
1992, and August 31, 1993.
    (i) Incorporation by reference.
    (A) Revisions to TACB Regulation VI, 31 TAC Chapter 116, sections
116.2 and 116.10(a)(4), as adopted by the TACB on July 26, 1985.
    (B) TACB Board Order No. 85-07, as adopted by the TACB on July 26,
1985.
    (C) Amended TACB Regulation VI, 31 TAC Chapter 116, section
116.10(a)(3) as adopted by the TACB on July 17, 1987.
    (D) TACB Board Order No. 87-09, as adopted by the TACB on July 17,
1987.
    (E) Amended TACB Regulation VI, 31 TAC Chapter 116, sections
116.10(a)(1), 116.10(c)(1), 116.10(c)(1)(A), 116.10(c)(1)(B),
116.10(c)(1)(C) and 116.10(f), as adopted by the TACB on December 18,
1987.
    (F) TACB Board Order No. 87-17, as adopted by the TACB on December
18, 1987.
    (G) Amended TACB Regulation VI, 31 TAC Chapter 116, redesignation of
section 116.1 to 116.1(a), revision to section 116.1(b), and
redesignation of 116.10(a)(6) to 116.10(a)(7), as adopted by the TACB on
July 15, 1988.
    (H) TACB Board Order No. 88-08, as adopted by the TACB on July 15,
1988.
    (I) Amended TACB Regulation VI, 31 TAC Chapter 116, sections
116.1(a), 116.3(f), 116.5, 116.10(a)(7), 116.10(b)(1), 116.10(d),
116.10(e), 116.11(b)(3), 116.11(e), and 116.11(f), as adopted by the
TACB on August 11, 1989.
    (J) TACB Board Order No. 89-06, as adopted by the TACB on August 11,
1989.
    (K) Amended TACB Regulation VI, 31 TAC Chapter 116, sections
116.1(c), 116.3(a)(1), 116.3(a)(1)(A), and 116.3(a)(1)(B), as adopted by
the TACB on May 18, 1990.
    (L) TACB Board Order No. 90-05, as adopted by the TACB on May 18,
1990.
    (M) Amended TACB Regulation VI, 31 TAC Chapter 116, section
116.1(a)(15), as
[[Page 592]]
adopted by the TACB on September 20, 1991.
    (N) TACB Board Order No. 91-10, as adopted by the TACB on September
20, 1991.
    (O) Revisions to TACB General Rules, 31 TAC Chapter 101 to add
definitions of ``actual emissions''; ``allowable emissions''; ``begin
actual construction''; ``building, structure, facility, or
installation''; ``commence''; ``construction''; ``de minimis
threshold''; ``emissions unit''; ``federally enforceable''; ``necessary
preconstruction approvals or permits''; ``net emissions increase'';
``nonattainment area''; ``reconstruction''; ``secondary emissions''; and
``synthetic organic chemical manufacturing process'' and to modify
definitions of ``fugitive emission''; ``major facility/stationary
source''; and ``major modification'' (except for Table I), as adopted by
the TACB on May 8, 1992.
    (P) Amended TACB Regulation VI, 31 TAC Chapter 116, sections
116.3(a)(1), (3), (4), (5), (7), (8), (9), (10), (11), (12), and (13);
116.3(c)(1); and 116.11(b)(4), as adopted by the TACB on May 8, 1992.
    (Q) TACB Board Order No. 92-06, as adopted by the TACB on May 8,
1992.
    (R) Amended TACB Regulation VI, 31 TAC Chapter 116, sections
116.3(a); 116.3(a)(7) and (10); 116.3(c); and 116.14 as, adopted by the
TACB on October 16, 1992.
    (S) TACB Board Order No. 92-18, adopted by the TACB on October 16,
1992.
    (T) Amended TACB Regulation VI, 31 TAC Chapter 116, Table I, as
adopted in section 116.012 by the TACB on August 16, 1993, is approved
and incorporated into section 101.1 in lieu of Table I adopted May 8,
1992.
    (U) TACB Board Order No. 93-17, as adopted by the TACB on August 16,
1993
    (ii) Additional materials--None.
    (98)-(99)  [Reserved]
    (100) A revision to the Texas State Implementation Plan (SIP) to
adopt an alternate control strategy for the surface coating processes at
the Bell Helicopter Textron, Incorporated (Bell) Plant 1 Facility.
    (i) Incorporation by reference.
    (a) Texas Natural Resource Conservation Commission Agreed Order for
Docket No. 95-1642-SIP, issued and effective April 2, 1996, for Bell's
Plant 1 facility.
    (b) A letter from the Governor of Texas dated April 18, 1996,
submitting to the EPA the Agreed Order and the site-specific SIP
revision for Bell.
    (ii) Additional material.
    (a) The site-specific revision to the Texas State Implementation
Plan for Bell, dated January 16, 1996.
    (b) The alternate reasonably available control technology
demonstration prepared by Bell, dated December 1995.
    (101) Revisions to Texas Natural Resource Conservation Commission
Regulation II and the Texas State Implementation Plan concerning the
Control of Air Pollution from Sulfur Compounds, submitted by the
Governor by cover letters dated October 15, 1992 and September 20, 1995.
These revisions relax the SO<INF>2</INF> limit from 3.0 lb/MMBtu to 4.0
lb/MMBtu, and include Agreed Order No. 95-0583-SIP, which stipulates
specific SO<INF>2</INF> emission limit compliance methodologies for the
Aluminum Company of America, located in Rockdale, Texas.
    (i) Incorporation by reference.
    (A) Texas Natural Resource Conservation Commission Agreed Order No.
95-0583-SIP, approved and effective on August 23, 1995.
    (B) Revisions to 30 TAC Chapter 112, Section 112.8 `Allowable
Emission Rates from Solid Fossil Fuel-Fired Steam Generators,'
Subsections 112.8(a) and 112.8(b) as adopted by the Texas Air Control
Board on September 18, 1992, and effective on October 23, 1992.
    (ii) Additional material.
    (A) The State submittal entitled, ``Revisions to the State
Implementation Plan Concerning Sulfur Dioxide in Milam County,'' dated
July 26, 1995, including Appendices G-2-1 through G-2-6.
    (B) The document entitled Dispersion Modeling Analysis of ALCOA
Rockdale Operations, Rockdale, Texas, dated April 28, 1995 (document No.
1345-05).
    (102) The Governor of Texas submitted on August 31, 1993, and July
12, 1995, revisions to the Texas State Implementation Plan for
Prevention of Significant Deterioration adopted by TACB on August 16,
1993, and by Texas Natural Resource Conservation Commission (TNRCC) on
March 1, 1995. The
[[Page 593]]
revisions adopted on August 16, 1993, were a comprehensive
recodification of and revisions to the existing requirements. The
revision adopted on March 1, 1995, amended the recodified Section
116.160(a) to incorporate the PM-10 PSD increments.
    (i) Incorporation by reference.
    (A) TACB Board Order Number 93-17, as adopted by TACB on August 16,
1993.
    (B) Recodified and revised Regulation VI--Control of Air Pollution
by Permits for New Construction or Modification, as adopted by TACB on
August 16, 1993, Repeal of 31 TAC Sections 116.3(a)(9), 116.3(a)(11),
116.3(a)(12), 116.3(14), and 116.11(b) (1)-(4); New Sections 116.160
introductory paragraph, 116.160 (a)-(d), 116.161, 116.162 introductory
paragraph, 116.162 (1)-(4), 116.163 (a)-(e) and 116.141 (a),(c)-(e).
    (C) Revisions to Regulation VI--Control of Air Pollution by Permits
for New Construction or Modification: as adopted by Texas Natural
Resource Conservation Commission (TNRCC) on August 16, 1993. New Section
116.010, definition of de minimis impact.
    (D) Revision to General Rules, as adopted by Texas Natural Resource
Conservation Commission (TNRCC) on August 16, 1993, Repeal Section 101.1
definition of de minimis impact.
    (E) Texas Natural Resource Conservation Commission (TNRCC)
Commission Order Docket Number 95-0276-RUL, as adopted by Texas Natural
Resource Conservation Commission (TNRCC) on March 1, 1995.
    (F) Revision to Regulation VI--Control of Air Pollution by Permits
for New Construction or Modification, revised 30 TAC Section 116.160(a),
as adopted by Texas Natural Resource Conservation Commission (TNRCC) on
March 1, 1995.
    (103) Revisions to the Texas SIP addressing VOC RACT Negative
Declarations. A revision to the Texas SIP was submitted on January 10,
1996, which included negative declarations for various categories.
Section 172(c)(1) of the Clean Air Act Amendments of 1990 requires
nonattainment areas to adopt, at a minimum, the reasonably available
control technology (RACT) to reduce emissions from existing sources.
Pursuant to section 182(b)(2) of the Act, for moderate and above ozone
nonattainment areas, the EPA has identified 13 categories for such
sources and developed the Control Technique Guidelines (CTGs) or
Alternate Control Techniques (ACTs) documents to implement RACT at those
sources. When no major volatile organic compound (VOC) sources for a
source category exist in a nonattainment area, a State may submit a
negative declaration for that category. Texas submitted negative
declarations for the areas and source categories listed in this
paragraph (c)(103). For the Beaumont/Port Arthur region, negative
declarations were submitted for the following eight categories: clean-up
solvents, aerospace coatings, shipbuilding and repair, wood furniture,
plastic part coatings-business machines, plastic part coatings-others,
autobody refinishing, and offset lithography. For Dallas/Fort Worth,
negative declarations were submitted for six categories: industrial
wastewater, clean-up solvents, shipbuilding and repair, autobody
refinishing, plastic part coatings-business machines, and offset
lithography. For the Houston/Galveston area, negative declarations were
submitted for seven categories: clean-up solvents, aerospace coatings,
wood furniture, plastic part coatings-business machines, plastic part
coatings-others, autobody refinishing, and offset lithography. For El
Paso, negative declarations were submitted for nine categories:
industrial wastewater, clean-up solvents, aerospace coatings,
shipbuilding and repair, wood furniture, plastic part coatings-business
machines, plastic part coatings-others, autobody refinishing, and offset
lithography. This submittal satisfies section 182(b)(2) of the Clean Air
Act Amendments of 1990 for these particular CTG/ACT source categories
for the Texas ozone nonattainment areas stated in this paragraph
(c)(103).
    (i) Incorporation by reference. The letter dated January 10, 1996,
from the Governor of Texas to the Regional Administrator, submitting the
Post-1996 Rate of Progress Plan as a revision to the SIP, which included
VOC RACT negative declarations.
    (ii) Additional material. Pages 53, 55 through 59, 61, 63, and 64 of
the Post-1996 Rate of Progress Plan, adopted by
[[Page 594]]
the Texas Natural Resource Conservation Commission on December 13, 1995.
    (104) Revisions to the Texas State Implementation Plan, submitted to
the EPA in letters dated November 13, 1993, May 9, 1994, August 3, 1994,
and November 14, 1994. These control measures can be found in the 15
Percent Plans for the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso
and Houston/Galveston ozone nonattainment areas. These control measures
are being approved for the purpose of strengthening of the SIP.
    (i) Incorporation by reference.
    (A) Revisions to the General Rules as adopted by the Texas Natural
Resource Conservation Commission on November 10, 1993; Section 101.1--
New Definitions for Alcohol Substitutes (used in offset lithographic
printing), Automotive basecoat/clearcoat system (used in automobile
refinishing), Automotive precoat (used in automobile refinishing),
Automotive pretreatment (used in automobile refinishing), Automotive
sealers (used in automobile refinishing), Automotive specialty coatings
(used in automobile refinishing), Automotive three-stage system (used in
automobile refinishing), Batch (used in offset lithographic printing),
Cleaning solution (used in offset lithographic printing), Fountain
Solution (used in offset lithographic printing), Hand-held lawn and
garden and utility equipment, Heatset (used in Offset lithographic
Printing), HVLP spray guns, Industrial Solid Waste introductory
paragraph and (A)-(C), Lithography (used in offset lithographic
printing), Marine terminal, Marine vessel, Municipal solid waste
facility, Municipal solid waste landfill, Municipal solid waste landfill
emissions, Non-heatset (used in offset lithographic printing), Offset
lithography, Sludge, Solid waste introductory paragraph and (A)-(C),
Synthetic Organic Chemical Manufacturing Industry batch distillation
operation, Synthetic Organic Chemical Manufacturing Industry batch
process, Synthetic Organic Chemical Manufacturing Industry distillation
operation, Synthetic Organic Chemical Manufacturing Industry
distillation unit, Synthetic Organic Chemical Manufacturing Industry
reactor process, Transport vessel, Utility engines, Vapor recovery
system, VOC introductory paragraph and (A)-(D).
    (B) Revisions to Regulation V, as adopted by the Commission on
November 10, 1993; Section 115.010. new definitions for Alcohol
substitutes (used in offset lithographic printing), Automotive basecoat/
clearcoat system (used in automobile refinishing), Automotive precoat
(used in automobile refinishing), Automotive pretreatment (used in
automobile refinishing), Automotive sealers (used in automobile
refinishing), Automotive specialty coatings (used in automobile
refinishing), Automotive three-stage system (used in automobile
refinishing), Batch (used in offset lithographic printing), Cleaning
solution (used in offset lithographic printing), Fountain Solution (used
in offset lithographic printing), Hand-held lawn and garden and utility
equipment, Heatset (used in Offset lithographic Printing), High-volume
low-pressure spray guns, Industrial solid waste introductory paragraph
and (A)-(C), Leakless Valve, Lithography (used in offset lithographic
printing) Marine terminal, Marine vessel, Municipal solid waste
facility, Municipal solid waste landfill, Municipal solid waste landfill
emissions, Non-heatset (used in offset lithographic printing), Offset
lithography, Owner or operator of a motor vehicle dispensing facility
(as used in Secs. 115.241-115.249 of this title, relating to Control of
Vehicle Refueling Emissions (Stage II) at Motor Fuel Dispensing
Facilities), Sludge, Solid waste introductory paragraph and (A)-(C),
Synthetic Organic Chemical Manufacturing Industry batch distillation
operation, Synthetic Organic Chemical Manufacturing Industry batch
process, Synthetic Organic Chemical Manufacturing Industry distillation
operation, Synthetic Organic Chemical Manufacturing Industry
distillation unit, Synthetic Organic Chemical Manufacturing Industry
reactor process, Transport vessel, Utility Engines, Vapor recovery
system, Volatile Organic Compound introductory and (A)-(D). Revised
sections 115.121(a)(1), 115.121(a)(2), 115.121(a)(3), 115.121(a)(4),
115.122(a)(2), 115.122(a)(3), 115.122(a)(3)(A), 115.122(a)(3)(B),
115.123(a), 115.123(a)(1), 115.123(a)(2), 115.126(a)(1),
115.126(a)(1)(C), 115.126(b)(1)(C),
[[Page 595]]
115.127(a)(1), 115.127(a)(2), 115.127(a)(3), 115.127(a)(4),
115.127(a)(5), 115.127(a)(5)(A), 115.127(a)(5)(B), 115.127(a)(5)(C),
115.129(a)(1), 115.129(a)(2), 115.129(a)(3), 115.129(a)(4),
115.152(a)(2), 115.152(a)(2)(A)-115.152(a)(2)(C), 115.152(a)(3),
115.152(b), 115.152(b)(1), 115.152(b)(2), 115.152(b)(3), 115.155
introductory paragraph, 115.155(1), 115.155(4), 115.155(5), 115.155(6),
115.155(7), 115.155(9), 115.156(1), 115.156(3), 115.156(3)(B),
115.156(3)(C), 115.156(3)(D),115.156(3)(D)(i)-115.156(3)(D)(iii),
115.156(3)(E), 115.156(3)(E)(i), 115.156(3)(E)(ii), 115.211(a)(1),
115.211(b), 115.212(a)(1), 115.212(a)(2), 115.212(a)(3), 115.212(a)(4),
115.212(a)(5)(A), 115.212(a)(5)(A)(i), 115.212(a)(5)(A)(ii),
115.212(a)(5)(B), 115.212(a)(6), 115.212(a)(7), previously approved
115.212(a)(4)(A) now redesignated 115.212(a)(8)(A), 115.212(a)(8)(B),
115.212(a)(8)(C), 115.212(a)(9)(A)-115.212(a)(9)(D), 115.212(a)(10)(A),
115.212(a)(10)(B), 115.212(b), 115.212(b)(1), 115.212(b)(2),
115.212(b)(3),115.212(b)(3)(A), 115.212(b)(3)(A)(i),
115.212(b)(3115.217(a)(11)(B) (note that 115.217(a)(11)(A) and
115.217(a)(11)(B) were moved to 115.217(a)(9)(A) and 115.217(a)(9)(B) in
the May 9, 1994 adoption without revisions, 115.217(b)(1),
115.217(b)(2)(A)-115.217(b)(2)(C), 115.217(b)(3), 115.217(b)(4),
115.217(b)(4)(A)-115.217(b)(4)(C), 115.217(b)(5), 115.217(b)(5)(A),
115.217(b)(5)(B), 115.217(c)(1), 115.217(c)(2)(A)-115.217(c)(2)(C),
115.217(c)(3), 115.217(c)(4), 115.217(c)(4)(A)-115.217(c)(4)(C),
115.217(c)(5), 115.217(c)(5)(A), 115.217(c)(5)(B), 115.219(b),
115.222(1), 115.222(5), 115.222(6), 115.222(7), 115.222(8), 115.222(9),
115.222(10), 115.222(11), 115.226 introductory paragraph, 115.226(1),
115.226(2), 115.226(2)(A), 115.226(2)(B), 115.227(1), 115.227(2),
115.227(3), 115.227(3)(A), 115.227(3)(B), 115.229(a), 115.229(b),
115.229(c), 115.229(c)(1), 115.229(c)(2), 115.234 introductory
paragraph, 115.234(1), 115.234(2), 115.235(1), 115.235(4), 115.236
introductory paragraph, 115.236(1), 115.237(1), 115.237(2), 115.237(3),
115.239(a), 115.239(b), 115.242(1), 115.242(1)(A), 115.242(1)(B),
115.242(2), 115.242(2)(A)-115.242(2)(F), 115.242(3), 115.242(3)(A),
115.242(3)(B), 115.242(3)(C), 115.242(3)(C)(i)-115.242(3)(C)(iii),
115.242(3)(D)-115.242(3)(K), 115.242(4), 115.242(5), 115.242(6),
115.242(7), 115.242(8), 115.242(9), 115.242(9)(A)-115.242(9)(C),
115.242(10), 115.242(10)(A), 115.242(10)(B), 115.242(11), 115.242(12),
115.242(12)(A)-115.242(12)(C), 115.243 introductory paragraph,
115.243(1), 115.243(2), 115.244 introductory paragraph, 115.244(1),
115.244(2), 115.244(3), 115.244(4), 115.245 introductory paragraph,
115.245(1), 115.245(1)(A), 115.245(1)(A)(i)-115.245(1)(A)(iv),
115.245(1)(B), 115.245(1)(C), 115.245(1)(D), 115.245(2),
115.245(3),115.245(3)(A)-115.245(3)(C), 115.245(4), 115.245(5),
115.245(5)(A), 115.245(5)(B), 115.245(6), 115.246(1), 115.246(2),
115.246(3), 115.246(4), 115.246(5), 115.246(6), 115.246(7),
115.246(7)(A), 115.246(7)(B), 115.247(2), 115.248(1), 115.248(1)(A),
115.248(1)(B), 115.248(3), 115.248(3)(A)-115.248(3)(E), 115.248(4),
115.248(4)(A), 115.248(4)(B), 115.248(4)(B)(i), 115.248(4)(B)(ii),
115.249(1), 115.249(2),115.249(3), 115.249(4), 115.324(a)(8)(A)(iii),
115.334(3)(A)(iii). New sections 115.352, 115.353, 115.354, 115.355,
115.356, 115.357, and 115.359. Revised sections 115.421(a)(8)(B),
115.421(a)(8)(B)(i), 115.421(a)(8)(C), 115.421(a)(8)(C)(i)-
115.421(a)(8)(C)(ix), 115.421(a)(8)(D), 115.421(a)(11), 115.422
introductory paragraph, 115.422(1), 115.422(2), 115.426(a)(1)(B),
115.426(a)(2)(A)(iii), 115.426(b)(1)(B), 115.426(b)(2)(A)(iii),
115.427(a)(1)(B), 115.427(a)(2), 115.427(a)(3), 115.427(a)(4),
115.427(a)(4)(A)-115.427(a)(4)(E), 115.427(a)(5), 115.427(a)(6),
deletion of 115.427(a)(7), 115.429(a), 115.429(b), 115.429(c). New
Subchapter E: Offset Lithography, sections 115.442, 115.443, 115.445,
115.446, 115.449, and new Subchapter F: Miscellaneous Industrial
Sources, Degassing or Cleaning of Stationary and Transport Vessels,
sections 115.541, 115.542, 115.543, 115.544, 115.545, 115.546, 115.547,
115.549. Revised sections 115.910(b), 115.930, 115.932, 115.940. New
Subchapter J: Administrative Provisions, Standard Permits, section
115.950.
    (C) Texas Natural Resources Conservation Commission Order No. 93-20
as adopted November 10, 1993.
    (D) Revisions to the General Rules as adopted by the Commission on
May 4, 1994; 101.1 new definitions for Alcohol (used in offset
lithographic printing), Bakery oven, Clear coat (used in wood
[[Page 596]]
parts and products coating), Clear sealers (used in wood parts and
products coating), Final repair coat (used in wood parts and products
coating), Opaque ground coats and enamels (used in wood parts and
products coating), Semitransparent spray stains and toners (used in wood
parts and products coating), Semitransparent wiping and glazing stains
(used in wood parts and products coating), Shellacs (used in wood parts
and products coating), Surface coating processes (M) Wood parts and
Products Coating, Topcoat (used in wood parts and products coatings),
Varnishes (used in wood parts and products coatings, Wash coat (used in
wood parts and products coating).
    (E) Revisions to Regulation V as adopted by the Commission on May 4,
1994; 115.10 new Definitions for Alcohol (used in offset lithographic
printing), Bakery oven, Clear coat (used in wood parts and products
coating), Clear sealers (used in wood parts and products coating),
Continuous monitoring, Final repair coat (used in wood parts and
products coating), Leak-free marine vessel, Marine loading facility,
Marine terminal, Opaque ground coats and enamels (used in wood
par115.541(b)(2), 115.541(b)(3), 115.541(b)(4), 115.541(b)(5),
115.542(a), 115.543, 115.544 introductory paragraph, 115.545
introductory paragraph, 115.546 introductory paragraph, 115.547
introductory paragraph, 115.549(a), 115.549(b), 115.549(c), new sections
115.552, 115.553, 115.555, 115.556, 115.557, 115.559, repeal of sections
115.612, 115.613, 115.614, 115.615, 115.617, 115.619, new sections
115.600, 115.610, 115.612, 115.613, 115.614, 115.615, 115.616, 115.617,
and 115.619.
    (F) Texas Natural Resource Conservation Commission Order No. 94-06
as adopted May 4, 1994.
    (G) Revision to Regulation V as adopted by the Commission on July
13, 1994; new sections 115.901, 115.910, 115.911, 115.912, 115.913,
115.914, 115.915, 115.916, 115.920, 115.923.
    (H) Texas Natural Resource Conservation Commission Order No. 94-26
as adopted July 13, 1994.
    (I) Texas Natural Resource Conservation Commission Order No. 94-
0676-SIP as adopted November 9, 1994.
    (ii) Additional material.
    (A) Appendix A of the Revision to the Texas SIP adopted by the
Commission on November 9, 1994 concerning alternate means of control.
    (105) Revisions to the Texas State Implementation Plan, submitted to
EPA in letters dated January 11, 1995; July 12, 1995; November 10, 1995;
January 10, 1996; March 13, 1996; August 9, 1996 and May 21, 1997.
Sections 115.122(a)(3), 126(a)(4), 126(a)(5), 127(a)(5) and 129(2)-
129(5) pertaining to bakeries, 115.140-115.149 pertaining to Industrial
Wastewater, 115.421(a)(13) pertaining to wood coating, and 115.152-
115.159 pertaining to municipal waste landfills retain their limited
approval as revised in these SIP revisions because they strengthen the
SIP. All other sections of these SIP revisions receive full approval.
    (i) Incorporation by Reference.
    (A) Revisions to the General Rules as adopted by the Texas Natural
Resources Conservation Commission (Commission) on January 4, 1995,
effective January 27, 1995, Section 101.10(a)(1).
    (B) Revisions to Regulation V, as adopted by the Commission on
January 4, 1995, effective on January 27, 1995, Sections 115.112(c),
115.112(c)(2)(A), 115.112(c)(3), 115.113(a), 115.113(b), 115.113(c),
115.115(a)(7), 115.115(b)(7), 115.116(a)(2), 115.116(a)(2)(A)-
115.116(a)(2)(J), 115.117(c), 115.119 introductory paragraph,
115.121(b), 115.122(a)(4)(B), 115.123(a)(1), 115.127(a)(5)(C),
115.127(b)(2)(A), 115.127(b)(2)(B), 115.143 introductory paragraph,
115.147(6), 115.149(a), 115.149(b), 115.159(a), 115.219(c).
    (C) Certification dated January 4, 1995 that copies of revisions to
General Rules and Regulation V adopted by the Commission on January 4,
1995, and submitted to EPA on January 11, 1995, are true and correct
copies of documents on file in the permanent records of the Commission.
    (D) Revisions to Regulation V, as adopted by the Commission on May
24, 1995, effective June 16, 1995, Sections 115.212(a)(1),
115.212(a)(2), 115.212(a)(5)(A)(i), 115.212(a)(5)(A)(ii),
115.212(a)(5)(C), 115.212(a)(5)(C)(i), 115.212(a)(5)(C)(ii),
115.212(a)(5)(D), 115.212(a)(10)(C), 115.212(a)(10)(C)(i),
115.212(a)(10)(C)(ii), 115.212(a)(12)(B),
[[Page 597]]
115.212(b)(1), 115.212(b)(3)(A), 115.212(b)(3)(A)(i),
115.212(b)(3)(A)(ii), 115.212(b)(3)(C), 115.212(c)(1), 115.212(c)(2),
115.212(c)(3)(A), 115.212(c)(3)(A)(i), 115.212(c)(3)(A)(ii),
115.212(c)(3)(C), 115.213(a), 115.213(b), 115.213(c), 115.214(a)(3),
115.214(a)(4), 115.214(a)(4)(A)-115.214(a)(4)(E), 115.214(a)(5),
115.215(a)(7), 115.215(b)(7), 115.216(a)(3)(A), 115.215(a)(3)(B),
115.216(a)(4)(A), 115.216(a)(4)(B), 115.216(a)(5)(A), 115.216(a)(6)(C),
115.217(a)(3), 115.217(a)(4), 115.217(a)(6)(A)-115.217(a)(6)(D),
115.217(b)(2), 115.217(b)(4), 115.217(b)(4)(D), 115.217(b)(5)(C),
115.217(c)(2), 115.217(c)(4)(D), 115.217(c)(5)(C), 115.219 introductory
paragraph, 115.219(1), 115.219(2), 115.219(3), 115.219(4), 115.219(5).
    (E) Certification dated May 24, 1995, that the copy of revisions to
Regulation V adopted by the Commission on May 24, 1995, and submitted to
EPA on July 12, 1995, is a true and correct copy of the document on file
in the permanent records of the Commission.
    (F) Revisions to Regulation V, as adopted by the Commission on
October 25, 1995, effective November 20, 1995, Sections 115.131(a),
115.131(c), 115.132(c), 115.133(a), 115.133(b), 115.133(c), 115.135(a),
115.135(a)(5), 115.135(b), 115.135(b)(5), 115.137(a)(1), 115.137(a)(2),
115.137(a)(3), 115.137(c), 115.137(c)(4), 115.139 introductory
paragraph.
    (G) Certification dated October 25, 1995, that the copy of revisions
to Regulation V adopted by the Commission on October 25, 1995, and
submitted to EPA on November 10, 1995, is a true and correct copy of the
document on file in the permanent records of the Commission.
    (H) Revisions to Regulation V, as adopted by the Commission on
December 6, 1995, effective December 28, 1995, Section 115.612(a)(1)
(Table III).
    (I) Certification dated December 6, 1995, that the copy of revisions
to Regulation V adopted by the Commission on December 6, 1995, and
submitted to EPA on March 13, 1996, is a true and correct copy of the
document on file in the permanent records of the Commission.
    (J) Revisions to the General Rules as adopted by the Texas Natural
Resource Conservation Commission on February 14, 1996, effective March
7, 1996, Section 101.1, definitions of Automotive basecoat/clearcoat
system (used in vehicle refinishing (body shops)), Automotive precoat
(used in vehicle refinishing (body shops)), Automotive pretreatment
(used in vehicle refinishing (body shops)), Automotive primer or primer
surfacers (used in vehicle refinishing (body shops)), Automotive sealers
(used in vehicle refinishing (body shops)), Automotive specialty
coatings (used in vehicle refinishing (body shops)), Automotive three-
stage system (used in vehicle refinishing (body shops)), Automotive
wipe-down solutions (used in vehicle refinishing (body shops)), Cold
solvent cleaning, Conveyorized degreasing, Gasoline bulk plant, Gasoline
terminal, High-bake coatings, Low-bake coatings, Mechanical shoe seal,
Open-top vapor degreasing, Remote reservoir cold solvent cleaning,
Vehicle refinishing (body shops), Volatile organic compound.
    (K) Revisions to Regulation V, as adopted by the Commission on
February 14, 1996, effective March 7, 1996, Section 115.1, definitions
of Automotive basecoat/clearcoat system (used in vehicle refinishing
(body shops)), Automotive precoat (used in vehicle refinishing (body
shops)), Automotive pretreatment (used in vehicle refinishing (body
shops)), Automotive primer or primer surfacers (used in vehicle
refinishing (body shops)), Automotive sealers (used in vehicle
refinishing (body shops)), Automotive specialty coatings (used in
vehicle refinishing (body shops)), Automotive three-stage system (used
in vehicle refinishing (body shops)), Automotive wipe-down solutions
(used in vehicle refinishing (body shops)), Cold solvent cleaning,
Conveyorized degreasing, External floating roof, Gasoline bulk plant,
Gasoline terminal, High-bake coatings, Internal floating cover, Low-bake
coatings, Mechanical shoe seal, Open-top vapor degreasing, Remote
reservoir cold solvent cleaning, Vehicle refinishing (body shops),
Volatile organic compound, sections 115.112(a)(2), 115.112(a)(2)(A),
115.112(a)(2)(B), 115.112(a)(2)(D), 115.112(b)(2), 115.112(b)(2)(A),
115.112(b)(2)(B), 115.112(b)(2)(D), new 115.114,
[[Page 598]]
115.116(a)(1), 115.116(b)(1), 115.117(a)(1), 115.117(a)(4),
115.117(a)(6), 115.116(a)(6)(A), 115.117(a)(7), 115.117(a)(7)(A),
115.117(b)(1), 115.117(b)(4), 115.117(b)(6)(A), 115.117(b)(7)(A),
115.117(c), 115.117(c)(1), 115.121(a)(1)-115.121(a)(4), 115.121(c),
115.122(a)(1)-115.122(a)(3), 115.122(a)(3)(C), 115.122(a)(3)(D),
115.122(c), 115.123(c), 115.126(a)(1), 115.126(a)(5), 115.126(a)(5)(A),
115.127(a)(1), 115.127(a)(2), 115.127(a)(2)(A)-115.127(a)(2)(E),
115.127(a)(3), 115.127(a)(3)(A)-115.127(a)(3)(C), 115.127(a)(4),
115.127(a)(4)(A)-115.127(a)(5)(E), 115.127(a)(5), 115.127(a)(6),
115.127(a)(7), 115.127(b)(2), 115.127(b)(3), 115.127(b)(4), 115.127(c),
115.127(c)(2)(B), 115.127(c)(3), 115.127(c)(4), 115.129(1)-115.129(5),
115.212(a)(11), 115.219 introductory paragraph, 115.219(5),
115.219(5)(A)-115.219(5)(C), 115.412(a), 115.413(a), 115.413(b),
115.416(a), 115.417(a)(3), 115.417(a)(4), 115.417(b)(5), 115.419
introductory paragraph, 115.421(a), 115.421(a)(1)-115.421(a)(8),
115.421(a)(8)(B), 115.421(a)(8)(B)(i)-115.421(a)(8)(B)(ix),
115.421(a)(8)(C), 115.421(a)(9)(A)(i)-115.421(a)(9)(A)(v),
115.421(a)(12)(A), 115.421(a)(12)(A)(i), 115.421(a)(12)(A)(ii),
115.421(b), 115.421(b)(1)-115.421(b)(8), 115.421(b)(8)(A),
115.421(b)(8)(A)(i)-115.421(b)(8)(A)(iv), 115.422(1), 115.422(2),
115.423(a)(1), 115.423(a)(2), 115.423(b), 115.423(b)(1), 115.423(b)(2),
115.423(b)(4), 115.425(a)(1)(C), 115.425(b)(1)(C), 115.426(a)(1)(B),
115.427(a)(1)(A)-115.427(a)(1)(D), 115.427(a)(3), 115.427(a)(5),
115.427(b)(2), 115.427(b)(2)(B)-115.427(b)(2)(D), 115.427(b)(3),
115.429(a), 115.429(b), 115.433(a), 115.433(b), 115.435(a)(5),
115.435(b)(5), 115.436(a), 115.436(b), 115.437(a)(1), 115.437(a)(2),
115.439(b), 115.439(c), 115.442(1)(F)(i), 115.422(1)(F)(ii), 115.443
introductory paragraph, 115.445(5), 115.446(7), 115.512(1), 115.512(2),
115.513 introductory paragraph, 115.517(1), 115.541(a)(2)(C),
115.541(2)(E), 115.541(b), 115.541(b)(5), 115.542(a)(1), 115.542(a)(2),
115.542(a)(5), 115.542(b), 115.542(b)(1), 115.542(b)(2), 115.542(b)(4),
115.543 introductory paragraph, 115.546(1)(A), 115.547 introductory
paragraph, 115.547(2), 115.547(4), 115.547(5), 115.549(a)-115.549(c),
115.600 introductory paragraph and definitions of Consumer product,
Pesticide, Sections 115.614(a), 115.614(c), 115.614(c)(1),
115.614(c)(1)(A)-115.614(c)(1)(F), 115.614(c)(2), 115.614(c)(2)(A)-
115.614(c)(2)(F), 115.614(d), 115.614(e), 115.614(f), 115.617(h).
    (L) Certification dated February 14, 1996, that copies of revisions
to General Rules and Regulation V adopted by The Commission on February
14, 1996, and submitted to EPA on March 13, 1996, are true and correct
copies of documents on file in the permanent records of the Commission.
    (M) Revisions to Regulation V, as adopted by the Commission on July
24, 1996, effective August 16, 1996, Sections 115.214(a)(4),
115.214(a)(4)(E), 115.214(a)(5), 115.216(a), 115.216(a)(7),
115.216(a)(7)(A)-115.216(a)(7)(G), 115.616(a), 115.616(a)(1)-
115.616(a)(3).
    (N) Certifications dated July 24, 1996, that the copy of revisions
to Regulation V adopted by the Commission on July 24, 1996, and
submitted to EPA on August 9, 1996, is a true and correct copy of the
document on file in the permanent records of the Commission.
    (O) Revisions to the General Rules as adopted by the Commission on
April 30, 1997, effective May 22, 1997, Section 101.1, introductory
paragraph and definitions of Component, Leak, Synthetic Organic Chemical
Manufacturing Industry (SOCMI) batch distillation operation, Synthetic
Organic Chemical Manufacturing Industry (SOCMI) batch process, Synthetic
Organic Chemical Manufacturing Industry (SOCMI) distillation operation,
Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation
unit, Synthetic Organic Chemical Manufacturing Industry (SOCMI) reactor
process, Tank-truck tank, Vehicle refinishing (body shops), Volatile
organic compound (introduction paragraph).
    (P) Revisions to Regulation V, as adopted by the Commission on April
30, 1997, effective May 22, 1997, Section 115.10, introductory paragraph
and definitions of Fugitive emission, Leak, Synthetic Organic Chemical
Manufacturing Industry (SOCMI) batch distillation operation, Synthetic
Organic Chemical Manufacturing Industry
[[Page 599]]
(SOCMI) batch process, Synthetic Organic Chemical Manufacturing Industry
(SOCMI) distillation operation, Synthetic Organic Chemical Manufacturing
Industry (SOCMI) distillation unit, Synthetic Organic Chemical
Manufacturing Industry (SOCMI) reactor process, Tank-truck tank, Vehicle
refinishing (body shops), Volatile organic compound (introduction
paragraph), and Sections 115.112(a)(2), 115.112(a)(2)(F), 115.112(b)(2),
115.112(b)(2)(F), 115.114(a), 115.114(a)(1), 115.114(a)(2),
115.114(a)(4), 115.114(b), 115.114(b)(1), 115.114(b)(2), 115.114(a)(4),
115.114(c), 115.114(c)(1), 115.114(c)(2), 115.115(a)(6), 115.115(b)(6),
115.116(a)(5), 115.116(b)(5), 115.119(a), 115.119(b), 115.121(a)(1),
115.121(a)(2), 115.121(a)(2)(A)-115.121(a)(2)(E), 115.121(a)(3),
115.121(b), 115.121(c), 115.121(c)(1), 115.121(c)(2), 115.121(c)(3),
115.121(c)(4), 115.122(a)(1), 115.122(a)(1)(A), 115.122(a)(1)(B),
115.122(a)(1)(C), 115.122(a)(2), 115.122(a)(2)(A), 115.122(a)(2)(B),
115.122(a)(3), 115.122(a)(4), 115.122(a)(4)(A), 155.122(a)(4)(B),
115.122(b), 115.122(b)(1), 115.122(b)(2), 115.122(b)(3), 115.122(c),
115.122(c)(1), 115.122(c)(1)(A)-115.122(c)(1)(C), 115.122(c)(2),
115.122(c)(2)(A), 115.122(c)(2)(B), 115.122(c)(3), 115.122(c)(3)(A),
115.122(c)(3)(B), 115.122(c)(4), 115.122(c)(4)(A), 115.122(c)(4)(B),
115.123(a)(1), 115.123(b), 115.123(c), 115.126(a), 115.126(a)(3),
115.126(a)(4)(A), 115.126(a)(4)(B), 115.126(a)(4)(C), 115.126(a)(5)(A)-
115.126(a)(5)(C), 115.126(b), 115.126(b)(3), 115.127(a)(2),
115.127(a)(2)(C), 115.127(a)(2)(D), 115.127(a)(2)(E), 115.127(a)(3),
115.127(a)(4), 115.127(a)(4)(A)-115.127(a)(4)(E), 115.127(a)(5),
115.127(c), 115.127(c)(1), 115.127(c)(1)(A)-115.127(c)(1)(C),
115.127(c)(2), 115.129(1)-115.129(5), 115.132(a)(1), 115.132(a)(4)(A),
115.132(a)(4)(B), 115.132(b)(1), 115.132(c), 115.132(c)(1),
115.136(a)(4), 115.136(b)(4), 115.137(a)(3), 115.137(b)(5), 115.137(c),
115.137(c)(4), 115.146(5), 115.147(5)(A), 115.147(5)(B), 115.147(5)(C),
115.149(b), 115.153 introductory paragraph, 115.156(3)(E)(i),
115.159(a), 115.159(b), 115.159(c), 115.211(a)(1), 115.211(a)(3),
115.212(a)(1), 115.212(a)(2), 115.212(a)(3), 115.212(a)(3)(A),
115.212(a)(3)(A)(i), 115.212(a)(3)(A)(ii), 115.212(a)(3)(B),
115.212(a)(3)(C), 115.212(a)(3)(C)(i), 115.212(a)(3)(C)(ii),
115.212(a)(3)(D), 115.212(a)(4), 115.212(a)(5), 115.212(a)(6),
115.212(a)(6)(A), 115.212(a)(6)(B), 115.212(a)(6)(C), 115.212(a)(7),
115.212(a)(7)(A)-115.212(a)(7)(D), 115.212(a)(8), 115.212(a)(8)(A),
115.212(a)(8)(B), 115.212(a)(8)(B)(i), 115.212(a)(8)(B)(ii),
115.212(a)(8)(B)(iii), 115.212(a)(8)(C), 115.212(a)(8)(C)(i),
115.212(a)(8)(C)(ii), 115.212(a)(9), 115.212(a)(10), 115.212(a)(10)(A),
115.212(a)(10)(B), 115.214(a)(4), 115.214(a)(4)(E), 115.214(a)(5),
115.215(a)(8), 115.216(a), 115.216(a)(1), 115.216(a)(6), 115.216(b),
115.216(b)(1), 115.217(a)(1), 115.217(a)(2), 115.217(a)(3),
115.217(a)(4), 115.217(a)(4)(A), 115.217(a)(4)(B), 115.217(a)(5),
115.217(a)(6), 115.217(a)(6)(A)-115.217(a)(6)(D), 115.217(a)(7),
115.217(a)(7)(A)-115.217(a)(7)(E), 115.217(a)(8), 115.217(a)(8)(A)-
115.217(a)(8)(C), 115.217(a)(9), 115.217(b)(2), 115.217(b)(4)(A)-
115.217(b)(4)(D), 115.217(b)(5), 115.217(c)(2), 115.217(c)(4),
115.217(c)(4)(A)-115.217(c)(4)(D), 115.217(c)(5), 115.219(1),
115.219(4), 115.221 introductory paragraph, 115.222(7), 115.223
introductory paragraph, 115.226 introductory paragraph, 115.226(1),
115.253 introductory paragraph, 115.256 introductory paragraph,
115.311(a)(1), 115.311(a)(2), 115.311(b)(1)-115.311(b)(2),
115.312(a)(2), 115.312(a)(2)(A)-115.312(a)(2)(C), 115.312(b)(2)
115.312(b)(2)(A)-115.312(b)(2)(C), 115.313(a), 115.313(b), 115.319
introductory paragraph, 115.322 introductory paragraph, 115.322(1)-
15.322(5), 115.323 introductory paragraph, 115.323(1), 115.323(2), new
115.324, 115.325 introductory paragraph, 115.325(1)-115.325(3), 115.326
introductory paragraph, 115.326(1), 115.326(2), 115.326(2)(A)-
115.326(2)(I), 115.326(3), 115.324(4), 115.327 introductory paragraph,
115.327(1), 115.327(1)(A)-115.327(1)(C), 115.327(2)-115.327(6), 115.329
introductory paragraph, 115.352(1), 115.352(2), 115.352(9), 115.353
introductory paragraph, 115.354(1)(C), 115.354(4)-115.354(7),
115.354(7)(A), 115.354(7)(B), 115.354(8), 115.356(1)(I), 115.356(3),
115.357(2), 115.357(8), 115.421(a), 115.421(a)(13)(A), 115.422(3)(A),
115.422(3)(B), 155.424(a)(1), 115.424(a)(2), 115.424(b)(1),
115.426(a)(1)(D), 115.426(a)(2)(C),
[[Page 600]]
115.426(b)(1)(D), 115.426(b)(2)(C), 115.427(a)(5), 115.427(a)(6),
115.442(1)(B)-115.422(1)(D), 155.446(8), 115.449(a), 115.449(b),
115.449(c), 115.532(a)(5), 115.532(a)(5)(A), 115.532(a)(5)(B),
115.533(a), 115.533(b), 115.536(a)(5), 115.536(b)(5), 115.537(a)(5),
115.539 introductory paragraph, 115.552(b)(1), 115.522(b)(2), 115.533
introductory paragraph, 115.559(a)-115.559(d), and repeal of Sections
115.332, 115.333, 115.334, 115.335, 115.336, 115.337, 115.339, 115.342,
115.343, 115.344, 115.345, 115.346, 115.347, 115.349.
    (Q) Certification dated April 30, 1997, that copies of revisions to
General Rules and Regulation V adopted by the Commission on April 30,
1997, and submitted to EPA on May 21, 1997, are true and correct copies
of documents on file in the permanent records of the Commission.
    (R) Texas Natural Resource Conservation Commission order adopting
amendments to the SIP; Docket Number 95-1198-RUL, issued December 19,
1995.
    (ii) Additional Material.
    (A) TNRCC certification letter dated December 13, 1995, and signed
by the Chief Clerk, TNRCC that the attached are true and correct copies
of the SIP revision adopted by the Commission on December 13, 1995.
    (B) The following portions of the SIP narrative entitled Post-1996
Rate of Progress Plan for the Beaumont/Port Arthur and Houston/Galveston
Ozone Nonattainment Areas Dated December 13, 1995: The section
pertaining to Storage Tanks (pp. 17-37), the section pertaining to SOCMI
Reactor and Distillation (p. 40), the Section pertaining to Plastic
Parts Coating (pp. 54-55).
    (106) A revision to the Texas State Implementation Plan: Regulation
30 TAC Chapter 101 ``General Rules'', Section 101.30 ``Conformity of
General and State Actions to State Implementation Plans'' as adopted by
the Texas Natural Resource Conservation Commission (TNRCC) on November
16, 1994, and July 9, 1997, was submitted by the Governor on November
22, 1994, and August 21, 1997, respectively.
    (i) Incorporation by reference.
    (A) The Texas Natural Resource Conservation Commission (TNRCC)
Regulation 30, TAC Chapter 101 ``General Rules'', Section 101.30
``Conformity of General and State Actions to State Implementation
Plans'' as adopted by TNRCC on November 16, 1994, and July 9, 1997.
    (B) TNRCC orders Docket No. 94-0709-SIP and 97-0143-RUL as passed
and approved on November 16, 1994, and July 9, 1997, respectively.
    (107) A revision to the Texas State Implementation Plan addressing
the 15% Rate-of-Progress Plan requirements for the Beaumont/Port Arthur
ozone nonattainment area was submitted by a cover letter from Governor
George Bush dated August 9, 1996. This revision will aid in ensuring
that reasonable further progress is made towards attaining the National
Ambient Air Quality Standard (NAAQS) for ozone in the Beaumont/Port
Arthur area. This submittal also contained revisions to the 1990 base
year emissions inventory, Motor Vehicle Emission Budget, and contingency
plan for the Beaumont/Port Arthur area.
    (i) Incorporation by reference. Texas Natural Resource Conservation
Commission (TNRCC) order adopting amendments to the State Implementation
Plan; Docket Number 96-0465-SIP, issued July 31, 1996.
    (ii) Additional material.
    (A) TNRCC certification letter dated July 24, 1996, and signed by
Gloria Vasquez, Chief Clerk, TNRCC.
    (B) The SIP narrative plan and tables entitled, ``Revisions to the
State Implementation Plan for the Control of Ozone Air Pollution,'' as
it applies to the Beaumont/Port Arthur area dated July 24, 1996.
    (108) A revision to the Texas State Implementation Plan to adopt an
alternate control strategy for the surface coating processes at Raytheon
TI Systems, Inc., Lemmon Avenue Facility.
    (i) Incorporation by reference.
    (A) Commission Order Number 96-1180-SIP issued and effective
December 4, 1996, for Texas Instruments, Inc., prior owner of the Lemmon
Avenue facility, approving an alternate Reasonably Available Control
Technology (ARACT) demonstration for its Lemmon Avenue facility.
Raytheon TI Systems assumed operating responsibility for this facility
on July 3, 1997.
[[Page 601]]
    (B) A letter from the Governor of Texas dated January 9, 1997,
submitting the TI ARACT to the Regional Administrator.
    (ii) Additional material. The document prepared by the Texas Natural
Resource Conservation Commission titled ``A Site-Specific Revision to
the SIP Concerning the Texas Instruments Lemmon Avenue Facility.''
    (109) [Reserved]
    (110) Revision to the Texas State Implementation Plan adopted by the
Texas Natural Resource Conservation Commission (TNRCC) on October 15,
1997, and submitted by the Governor on November 12, 1997, repealing the
Perchloroethylene Dry Cleaning Systems regulations from the Texas SIP.
    (i) Incorporation by reference. TNRCC Order Docket No. 97-0534-RUL
issued October 21, 1997, repealing Perchloroethylene Dry Cleaning
Systems regulations (Sections 115.521 to 115.529) from 30 TAC Chapter
115.
    (ii) Additional materials.
    (A) Letter from the Governor of Texas dated November 12, 1997,
submitting amendments to 30 TAC Chapter 115 for approval as a revision
to the SIP.
    (111) Recodified and revised Regulation IV, 30 TAC Chapter 114
``Control of Air Pollution From Motor Vehicles'' regulations of Texas
submitted by the Governor on November 20, 1997, to reformat original
Chapter 114 sections into seven new subchapters (A through G) and to
remove original section 114.1(e), concerning leaded gasoline dispensing
labeling requirements.
    (i) Incorporation by reference.
    (A) Commission Order 97-0713-RUL, adopted by the commission on
November 5, 1997.
    (B) SIP narrative entitled ``Revisions to 30 TAC Chapter 114 and to
the State Implementation Plan (Reformatting of the Chapter)'' adopted by
the commission on November 5, 1997, addressing: adoption of new Sections
114.1-114.5, 114.20, 114.21, 114.50-114.53, 114.100, 114.150-114.157,
114.200-114.202, 114.250, 114.260, 114.270, and repeal of original
sections 114.1, 114.3-114.7, 114.13, 114.23, 114.25, 114.27, 114.29-
114.40.
    (112) Revision to the Texas State Implementation Plan submitted by
the Governor on January 10, 1996.
    (i) Incorporation by reference.
    (A) Texas Natural Resource Conservation Commission (TNRCC) General
Rules (30 TAC Chapter 101), Section 101.2(b), adopted by TNRCC on
December 13, 1995, effective January 8, 1996.
    (B) TNRCC Docket No. 95-0849-RUL issued December 13, 1995, for
adoption of amendments to 30 TAC Chapter 101, Section 101.2(b),
regarding Multiple Air Contaminant Sources or Properties and revision to
the SIP.
    (ii) Additional materials. A letter from the Governor of Texas dated
January 10, 1996, submitting revisions to 30 TAC Chapter 101, Section
101.2(b), for approval as a revision to the SIP.
    (113) The Texas Natural Resource Conservation Commission submitted a
revision to the State Implementation Plan (SIP) on August 9, 1996. This
revision contained, among other things, 15% Rate-of-Progress plans for
the Dallas/Fort Worth, El Paso and Houston/Galveston ozone nonattainment
areas which will aid in ensuring the attainment of the National Ambient
Air Quality Standards for ozone. This submittal also contained revisions
to the 1990 base year emissions inventories, the associated Motor
Vehicle Emission Budgets and contingency plans.
    (i) Incorporation by reference. Texas Natural Resource Conservation
Commission (TNRCC) order adopting amendments to the SIP; Docket Number
96-0465-SIP, issued July 31, 1996.
    (ii) Additional material.
    (A) TNRCC certification letter dated July 24, 1996, and signed by
Gloria Vasquez, Chief Clerk, TNRCC.
    (B) The SIP narrative plan and tables dated July 24, 1996 entitled,
``Revisions to the State Implementation Plan (SIP) for the Control of
Ozone Air Pollution,'' as it applies to the Dallas/Fort Worth, El Paso
and Houston areas' 15% Rate-of-Progress plans, emissions inventories,
motor vehicle emissions budgets and contingency plans.
    (114) Recodified regulations of Texas Administrative Code, Title 30,
Chapter 113, Subchapter B, controlling lead emissions from stationary
sources, and submitted by the Governor in a letter dated August 21,
1997.
    (i) Incorporation by reference.
[[Page 602]]
    (A) Texas Natural Resource Conservation Commission (TNRCC) order
adopting amendments to the State Implementation Plan; Docket Number 97-
0143-RUL, issued July 9, 1997.
    (B) Texas Administrative Code, Title 30, Chapter 113, Subchapter B,
entitled ``Lead from Stationary Sources,'' adopted by the TNRCC on July
9, 1997. Newly recodified sections 113.31, 113.32, 113.33, 113.34,
113.35, 113.36, 113.37, 113.41, 113.42, 113.43, 113.44, 113.45, 113.46,
113.47, 113.48, 113.52, 113.61, 113.62, 113.63, 113.64, 113.65, 113.66,
113.67, and 113.68.
    (ii) Additional material. TNRCC certification letter dated June 25,
1997, and signed by Gloria Vasquez, Chief Clerk, TNRCC.
    (115) [Reserved]
    (116) A revision to the Texas State Implementation Plan (SIP) to
include two modified Agreed Orders limiting sulfur dioxide
(SO<INF>2</INF>) allowable emissions at two facilities in Harris County,
submitted by the Governor by cover letter dated May 29, 1997.
    (i) Incorporation by reference.
    (A) TNRCC Docket No. 96-1188-AIR Order Modifying Commission Order
No. 94-15 for Lyondel-Citgo Refining Company, LTD., as adopted by the
TNRCC on June 29, 1994, and modified on July 31, 1996;
    (B) TNRCC Docket No. 96-1187-AIR, Order Modifying Commission Order
No. 94-22 for Simpson Pasadena Paper Company, as adopted by the TNRCC on
June 29, 1994, and modified on July 31, 1996.
    (ii) Additional material. TNRCC submittal to the EPA dated May 29,
1997, entitled, ``Revisions to the SIP Concerning Sulfur Dioxide in
Harris County.''
    (117) Revisions to the Texas State Implementation Plan submitted to
the EPA in a letter dated April 13, 1998. These revisions address
Reasonably Available Control Technology for Wood Furniture coating
operations and Ship Building and Repair. The revisions also address
coating of oil and gas platforms at ship building and repair facilities.
    (i) Incorporation by Reference.
    (A) Revisions to Regulation V, as adopted by the Commission on March
18, 1998, effective April 7, 1998, sections 115.10. Definitions--
Introductory Paragraph, 115.420 Surface Coating Definitions, 115.420(a)
General Surface Coating Definitions, 114.420(a)(1)-115.420(a)(10),
115.420(b) Specific surface coating definitions--Introductory Paragraph,
115.420(b)(1), 115.420(b)(2), 115.420(b)(2)(A), 115.420(b)(2)(B),
115.420(b)(3)-115.420(b)(9), 115.420(b)(10), 115.420(b)(10)(A)-
115.420(b)(10)(E), 115.420(b)(10)(F), 115.420(b)(10)(F)(i)-
115.420(b)(10)(F)(vii), 115.420(b)(10)(G), 115.420(b)(11),
115.420(b)(12), 115.420(b)(12)(A)-115.420(b)(12)(FF), 115.420(b)(13),
115.420(b)(13)(A), 115.420(b)(13)(A)(i), 115.420(b)(13)(A)(ii),
115.420(b)(13)(B), 115.420(b)(13)(B)(i)-115.420(b)(13)(B)(ix),
115.420(b)(14), 115.420(b)(15), 115.420(15)(A), 115.420(15)(A)(i)-
115.420(15)(A)(xi), 115.420(15)(B), 115.420(15)(B)(i)-
115.420(15)(B)(xix), 115.421(a), 115.421(a)(8), 115.421(a)(8)(B),
115.421(a)(8)(B)(i)-115.421(a)(8)(B)(ix), 115.421(a)(13),
115.421(a)(13)(A), 115.421(a)(13)(A)(i)-115.421(a)(13)(A)(vii),
115.421(a)(13)(A)(viii), 115.421(a)(13)(A)(ix), 115.421(a)(14),
115.421(a)(14)(A), 115.421(a)(14)(A)(i), 115.421(a)(14)(A)(ii),
115.421(a)(14)(A)(iii), 115.421(a)(14)(A)(iii)(I)-
115.421(a)(14)(A)(iii)(III), 115.421(a)(14)(A)(iv)-
115.421(a)(14)(A)(vi), 115.421(a)(14)(B), 115.421(a)(15),
115.421(a)(15)(A),115.421(a)(15)(B), 115.421(a)(15)(B)(i),
115.421(a)(15)(B)(ii), 115.421(b), 115.422. Control Requirements--
Introductory Paragraph, 115.422(2), 115.422(3), 115.422(3)(A),
115.422(3)(B), 115.422(3)(C), 115.422(3)(C)(i), 115.422(3)(C)(ii),
115.422(3)(C)(ii)(I), 115.422(3)(C)(ii)(II), 115.422(3)(C)(iii)-
115.422(3)(C)(v), 115.422(3)(C)(vi), 115.422(3)(C)(vi)(I),
115.422(3)(vi)(II), 115.422(3)(D), 115.422(3)(E), 115.422(3)(E)(i),
115.422(3)(E)(ii), 115.422(4), 115.422(4)(A)-115.422(4)(C), 115.422(5),
115.422(5)(A), 115.422(5)(B), 115.423(a), 115.423(a)(1), 115.423(a)(2),
115.423(b), 115.423(b)(1), 115.423(b)(2), 115.426(a), 115.426(a)(1),
115.426(a)(1)(B), 115.426(a)(1)(B)(i), 115.426(a)(1)(B)(ii),
115.426(a)(2), 115.426(a)(2)(A), 115.426(a)(2)(A)(i), 115.426(b),
115.426(b)(1), 115.426(b)(1)(B), 115.426(b)(2), 115.426(b)(2)(A),
115.426(b)(2)(A)(i), 115.427(a), 115.427(a)(1), 115.427(a)(1)(B),
115.427(a)(1)(C), 115.427(a)(3), 115.427(a)(3)(A), 115.427(a)(3)(B),
[[Page 603]]
115.427(a)(3)(D)-115.427(a)(3)(I), 115.427(b), 115.427(b)(4),
115.429(a), and 115.429(b).
    (B) Certification Dated March 18, 1998 that these are true and
correct copies of revisions to 30 TAC Chapter 115 and the SIP.
    (118)-(119) [Reserved]
    (120) Revisions submitted by the Governor on May 29, 1997, June 23,
1998, and December 22, 1998, that change the definition of ``primarily
operated,'' commit to on-board diagnostic testing, remove the test-on-
resale of vehicles subject to the inspection and maintenance program,
and provide the legal authority for denial of re-registration of
vehicles that have not complied with the I/M program requirements, and
the establishment of a class C misdemeanor penalty for operating a
grossly polluting vehicle in a nonattainment area.
    (i) Incorporation by reference:
    (A) Narrative of State Implementation Plan revision submitted May
29, 1997, by the Governor.
    (B) Narrative of State Implementation Plan revision submitted June
23, 1998, by the Governor.
    (C) Letter from the Governor dated December 22, 1998, submitting
Senate Bill 1856.
    (ii) Additional material:
    (A) Senate Bill 1856.
    (B) Memorandum of Agreement between the Texas Natural Resource
Conservation Commission and the Texas Department of Public Safety
adopted November 20, 1996, and signed February 5, 1997.
[37 FR 10895, May 31, 1972. Redesignated and amended at 64 FR 36589,
July 7, 1999]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2299, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.2300  [Reserved]
Sec. 52.2301  Federal compliance date for automobile and light-duty
          truck coating. Texas Air Control Board Regulation V (31 TAC
          chapter 115), control of air pollution from volatile organic
          compound, rule 115.191(1)(8)(A).
    (a) The requirements of section 110 of the Clean Air Act are not met
regarding the final compliance date, as found in TACB rule
115.191(a)(8)(A), for the requirements of TACB Rule 115.191(a)(8)(A).
    (b) TACB adopted revisions to rule 115.191(a)(8)(A) on October 14,
1988, and submitted them to EPA on December 13, 1988. Prior to the
submittal, automobile and light-duty truck coating operations were to
have complied with final control limits of Sec. A115.191(a)(8)(B) of the
federally approved State Implementation Plan (SIP), by December 31,
1986. In the December 13, 1988, submittal, the final control limits had
been moved to Sec. 115.191(a)(8)(A) and had been given a new extended
compliance date of December 31, 1987. EPA does not recognize the later
compliance data and retains the original compliance date for the final
emission limits of December 31, 1986. The owner or operator of an
automobile and light-duty truck coating operation shall comply with the
requirements of TACB rule 115.191(a)(8)(A) no later than December 31,
1986.
[56 FR 40257, Aug. 14, 1991]
Sec. 52.2302  [Reserved]
Sec. 52.2303  Significant deterioration of air quality.
    (a) The plan submitted by the Governor of Texas on December 11, 1985
(as adopted by TACB on July 26, 1985), October 26, 1987 (as revised by
TACB on July 17, 1987), September 29, 1988 (as revised by TACB on July
15, 1988), February 18, 1991 (as revised by TACB on December 14, 1990),
May 13, 1992 (as revised by TACB on May 8, 1992), August 31, 1993 (as
recodified, revised and adopted by TACB on August 16, 1993), July 12,
1995 (as revised on March 1, 1995) containing Regulation VI--Control of
Air Pollution for New Construction or Modification, Sections 116.010,
116.141 and 116.160-116.163; the Prevention of Significant Deterioration
(PSD) Supplement document, submitted by the Governor on October 26, 1987
(as adopted by TACB on July 17, 1987); revision to General Rules, Rule
101.20(3), submitted by the Governor on December 11, 1985 (as adopted by
TACB on July 26, 1985), is approved as meeting the requirements of part
C, Clean Air Act for preventing significant deterioration of air
quality.
[[Page 604]]
    (b) The plan approval is partially based on commitment letters
provided by the Executive Director of the Texas Air Control Board, dated
September 5, 1989 and April 17, 1992.
    (c) The requirements of section 160 through 165 of the Clean Air Act
are not met for Federally-designated Indian lands. Therefore, the
provisions of Sec. 52.21 (b) through (w) are hereby adopted and made a
part of the applicable implementation plan and are applicable to sources
located on land under the control of Indian governing bodies.
    (d) The requirements of section 160 through 165 of the Clean Air Act
are not met for new major sources or major modifications to existing
stationary sources for which applicability determinations would be
affected by dockside emissions of vessels. Therefore, the provisions of
Sec. 52.21 (b) through (w) are hereby adopted and made a part of the
applicable implementation plan and are applicable to such sources.
[57 FR 28098, June 24, 1992, as amended at 59 FR 46557, Sept. 9, 1994;
62 FR 44088, Aug. 19, 1997]
Sec. 52.2304  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. The provisions of
Sec. 52.26 are hereby incorporated and made a part of the applicable
plan for the State of Texas.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
54 FR 7770, Feb. 23, 1989]
Sec. 52.2305  [Reserved]
Sec. 52.2306  Particulate Matter (PM<INF>10</INF>) Group II SIP
          commitments.
    On July 18, 1988, the Governor of Texas submitted a revision to the
State Implementation Plan (SIP) that contained 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<INF>10</INF> Group II SIPs. The Texas
Air Control Board adopted these revisions on May 13, 1988. The State of
Texas has committed to comply with the PM<INF>10</INF> Group II SIP
requirements, as articulated in the Federal Register notice of July 1,
1987 (52 FR 24670), for the defined areas of Dallas, Harris, Lubbock,
and Nueces counties as provided in the Texas PM<INF>10</INF> Group II
SIPs. In addition to the SIP, a letter from the Governor of Texas, dated
July 18, 1988, stated that:
    * * * In the July 1, 1987 issue of the Federal Register, the U.S.
Environmental Protection Agency announced the requirement that each
state submit a committal SIP for PM<INF>10</INF> Group II areas instead
of full control strategies. States were also required to submit
demonstrations of attainment and maintenance of the PM<INF>10</INF>
National Ambient Air Quality Standards. The TACB is committed to
carrying out the activities contained in the enclosed proposed SIP to
satisfy those requirements * * *.
[54 FR 25586, June 16, 1989]
Sec. 52.2307  Small business assistance program.
    The Governor of Texas submitted on November 13, 1992 a plan revision
to develop and implement a Small Business Stationary Source Technical
and Environmental Compliance Assistance Program to meet the requirements
of section 507 of the Clean Air Act by November 15, 1994. The plan
commits to provide technical and compliance assistance to small
businesses, hire an Ombudsman to serve as an independent advocate for
small businesses, and establish a Compliance Advisory Panel to advise
the program and report to the EPA on the program's effectiveness.
[59 FR 42765, Aug. 19, 1994]
Sec. 52.2308  Area-wide nitrogen oxides (NO<INF>X</INF>) exemptions.
    (a) The Texas Natural Resource Conservation Commission (TNRCC)
submitted to the EPA on June 17, 1994, a petition requesting that the
Dallas ozone nonattainment area be exempted from the NO<INF>X</INF>
control requirements of section 182(f) of the Clean Air Act (CAA) as
amended in 1990. The Dallas nonattainment area consists of Dallas,
Tarrant, Denton, and Collin counties. The exemption request was based on
a photochemical grid modeling which
[[Page 605]]
shows that the Dallas nonattainment area would attain the National
Ambient Air Quality Standards (NAAQS) for ozone by the CAA mandated
deadline without the implementation of the additional NO<INF>X</INF>
controls required under section 182(f). On November 21, 1994, the EPA
conditionally approved this exemption request, conditioned upon the EPA
approving the modeling portion of the Dallas attainment demonstration
SIP.
    (b) The TNRCC submitted to the EPA on June 17, 1994, a petition
requesting that the El Paso ozone nonattainment area be exempted from
the NO<INF>X</INF> control requirements of section 182(f) of the Clean
Air Act (CAA) as amended in 1990. The El Paso nonattainment area
consists of El Paso county, and shares a common airshed with Juarez,
Mexico. The exemption request was based on a photochemical grid modeling
which shows that the El Paso nonattainment area would attain the NAAQS
for ozone by the CAA mandated deadline without the implementation of the
additional NO<INF>X</INF> controls required under section 182(f), but
for emissions emanating from Mexico. On November 21, 1994, the EPA
conditionally approved this exemption request, conditioned upon the EPA
approving the modeling portion of the El Paso attainment demonstration
SIP.
    (c) The Texas Natural Resource Conservation Commission submitted to
the EPA on May 4, 1994, a petition requesting that the Victoria County
incomplete data ozone nonattainment area be exempted from the
requirement to meet the NO<INF>X</INF> provisions of the Federal
transportation conformity rule. The exemption request was based on
monitoring data which demonstrated that the National Ambient Air Quality
Standard for ozone had been attained in this area for the 35 months
prior to the petition, with the understanding that approval of the
State's request would be contingent upon the collection of one
additional month of data. The required additional month of verified data
was submitted later and, together with the data submitted with the
State's petition, demonstrated attainment of the NAAQS for 36
consecutive months. The EPA approved this exemption request on March 2,
1995.
    (d) The TNRCC submitted to the EPA on August 17, 1994, with
supplemental information submitted on August 31, 1994, and September 9,
1994, a petition requesting that the Houston and Beaumont ozone
nonattainment areas be temporarily exempted from the NO<INF>X</INF>
control requirements of section 182(f) of the CAA. The Houston
nonattainment area consists of Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery, and Waller counties. The Beaumont
nonattainment area consists of Hardin, Jefferson, and Orange counties.
The exemption request was based on photochemical grid modeling which
shows that reductions in NO<INF>X</INF> would not contribute to
attaining the ozone NAAQS. On April 12, 1995, the EPA approved the
State's request for a temporary exemption. Approval of the temporary
exemption waives the federal requirements for NO<INF>X</INF> Reasonably
Available Control Technology (RACT), New Source Review (NSR),
conformity, and vehicle inspection and maintenance (I/M) for the period
of the temporary exemption. The temporary exemption automatically
expires on December 31, 1996, without further notice from the EPA. Based
on the rationale provided in the notice of proposed rulemaking on this
action, upon the expiration of the temporary exemption, the requirements
pertaining to NO<INF>X</INF> RACT, NSR, conformity, and I/M will again
become applicable, except that the NO<INF>X</INF> RACT implementation
date applicable to the Houston and Beaumont nonattainment areas under
section 182(f) shall be as expeditious as practicable but no later than
May 31, 1997, unless the State has received a permanent NO<INF>X</INF>
exemption from the EPA prior to that time.
    (e) The TNRCC submitted to EPA on March 6, 1996, a petition
requesting that the Houston/Galveston and Beaumont/Port Arthur ozone
nonattainment areas be granted an extension to a previously-granted
temporary exemption from the NO<INF>X</INF> control requirements of
sections 182(f) and 182(b) of the Clean Air Act. The temporary exemption
was granted on April 19, 1995. The current petition is based on the need
for more time to complete UAM to confirm the need for, and the extent
of, NO<INF>X</INF> controls required. On May 23,
[[Page 606]]
1997, EPA approved the State's request for an extension to the temporary
exemption. The temporary extension automatically expires on December 31,
1997, without further notice from EPA. Upon expiration of the extension,
the requirements pertaining to NO<INF>X</INF> RACT, NSR, I/M, general
and transportation conformity will become applicable, except that the
NO<INF>X</INF> RACT compliance date shall be implemented as
expeditiously as practicable, but no later than May 31, 1999, unless the
State has received a contingent NO<INF>X</INF> exemption from the EPA
prior to that time.
    (f) The extension of the temporary exemption from NO<INF>X</INF>
control requirements of sections 182(f) and 182(b) of the Clean Air Act
for the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment
areas granted on May 23, 1997, expired December 31, 1997. Upon
expiration of the extension, the requirements pertaining to
NO<INF>X</INF> RACT, NSR, I/M, general and transportation conformity
will become applicable and the State is expected to implement the
requirements as expeditiously as possible.
    (g) The Texas Natural Resource Conservation Commission submitted a
letter to EPA requesting rescission of the previously-granted
conditional exemption from the NO<INF>X</INF> control requirements of
section 182(f) of the Act for the Dallas/Fort Worth ozone nonattainment
area. The letter was sent on November 13, 1998. The conditional
exemption was granted on November 21, 1994, conditioned upon EPA
approving the modeling portion of the DFW attainment demonstration SIP.
The conditional exemption was also approved on a contingent basis. The
modeling-based exemption would last only as long as the area's modeling
continued to demonstrate attainment without the additional
NO<INF>X</INF> reductions required by section 182(f). The State's
request is based on new photochemical modeling which shows the need for
NO<INF>X</INF> controls to help the area attain the ozone National
Ambient Air Quality Standards. Furthermore, EPA would not and could not
approve the earlier attainment demonstration SIP modeling upon which the
condition was based.
    (1) On June 21, 1999, the conditional NO<INF>X</INF> exemption for
the DFW area granted on November 21, 1994 is rescinded. Upon rescission,
the Federal requirements pertaining to NO<INF>X</INF> Reasonably
Available Control Technology (RACT), New Source Review, vehicle
Inspection/Maintenance, general and transportation conformity now apply.
    (2) The NO<INF>X</INF> RACT final compliance date must be
implemented as expeditiously as practicable, but no later than March 31,
2001.
[59 FR 60714, Nov. 28, 1994, as amended at 60 FR 5867, Jan. 31, 1995; 60
FR 19522, Apr. 19, 1995; 62 FR 28349, May 23, 1997; 63 FR 7072, Feb. 12,
1998; 64 FR 19286, Apr. 20, 1999]
Sec. 52.2309  Emissions inventories.
    (a) The Governor of the State of Texas submitted the 1990 base year
emission inventories for the Houston/Galveston (HGA), Beaumont/Port
Arthur (BPA), El Paso (ELP), and Dallas/Fort Worth (DFW) ozone
nonattainment areas on November 17, 1992 as a revision to the State
Implementation Plan (SIP). 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 each of these areas.
    (b) The inventories are for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventories
cover point, area, non-road mobile, on-road mobile, and biogenic
sources.
    (c) The HGA nonattainment area is classified as Severe-17 and
includes Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty,
Montgomery, and Waller Counties; the BPA nonattainment area is
classified as Serious and includes Hardin, Jefferson, and Orange
Counties; the ELP nonattainment area is classified as Serious and
includes El Paso County; and the DFW nonattainment area is classified as
Moderate and includes Collin, Dallas, Denton, and Tarrant Counties.
    (d) The Texas Natural Resource Conservation Commission submitted
State Implementation Plan revisions to the 1990 base year emission
inventory for the Beaumont/Port Arthur area with a cover letter from the
Governor of Texas dated August 9, 1996.
    (e) The Texas Natural Resource Conservation Commission submitted a
revision to the State Implementation
[[Page 607]]
Plan (SIP) on August 9, 1996. This revision was submitted for the
purpose of satisfying the 15% Rate-of-Progress requirements of the Clean
Air Act, which will aid in ensuring the attainment of the National
Ambient Air Quality Standards for ozone. This submittal also contained
revisions to the 1990 base year emissions inventories for the Dallas/
Fort Worth, El Paso and Houston/Galveston areas.
[59 FR 55589, Nov. 8, 1994, as amended at 63 FR 6663, Feb. 10, 1998; 63
FR 62947, Nov. 10, 1998]
Sec. 52.2311  Motor vehicle antitampering.
    The State of Texas submitted revisions to the State Implementation
Plan for 30 TAC Chapter 114, sections 114.1 ``Maintenance and Operation
of Air Pollution Control Systems or Devices Used to Control Emissions
from Motor Vehicles'' and 114.5 ``Exclusions and Exceptions'' on
February 24, 1989, and September 6, 1990, and July 13, 1993. The EPA
disapproved these revisions that relate to Statewide antitampering
provisions and exemptions to antitampering provisions for motor vehicles
or motor vehicle engine emission control systems because the State's
antitampering rules are not consistent with the Act, section 203(a)(3)
and EPA's tampering prohibitions as outlined in EPA's antitampering
enforcement policy, Mobile Source Enforcement Memorandum No. 1A.
[63 FR 6653, Feb. 10, 1998]
                            Subpart TT--Utah
Sec. 52.2320  Identification of plan.
    (a) Title of plan: ``Utah Implementation Plan.''
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Clarifications of the plan relating to particulate regulations,
CO and NO<INF>2</INF> control strategies, new source review, emergency
episodes, availability of emission data, and source surveillance
submitted May 18, 1972, by State Division of Health.
    (2) Revision of State new source review regulation, section 1.3.3 of
the Utah Code of Air Conservation Regulations, submitted on September
13, 1972, by the Governor.
    (3) Transportation control plan submitted April 13, 1973, by the
Governor.
    (4) Reenacted legislation providing for public availability of
emission data submitted on June 13, 1974, by the State Division of
Health.
    (5) The Revised Utah Air Conservation Regulations on July 10, 1975,
by the Governor.
    (6) Provisions to meet the requirements of Part D and other sections
of the Clean Air Act, as amended in 1977, were submitted on December 28,
1978, by the Governor.
    (7) On November 5, 1979, the Governor submitted a plan revision to
meet the requirements of Air Quality Monitoring, 40 CFR part 58, subpart
C, Sec. 58.20.
    (8) Provisions to meet the transportation control requirements of
Part D and other sections of the Clean Air Act, as amended in 1977, were
submitted on November 5, 1979, and August 11, 1980, by the Governor.
    (9) Provisions to meet the requirements of Part D for particulates
and to attain the national standard for lead were submitted on March 11,
1980, July 25, 1980, November 13, 1980, December 26, 1980, and April 8,
1981.
    (10) Provisions to meet the requirements of Part C of the Clean Air
Act, as amended in 1977, were submitted on August 17, 1981.
    (11) Provisions to meet the requirements of section 127 and Part D
for carbon monoxide and ozone were submitted on August 11, 1980.
    (12) Provisions to meet the requirements of Part D of the Clean Air
Act, as amended in 1977, for particulates and volatile organic
compounds, were submitted on April 8, 1981.
    (13) Provisions to meet the requirements of Part D of the Clean Air
Act, as amended in 1977, for particulates were submitted on March 1,
1982.
    (14) A revision to the definition of volatile organic compound was
submitted on April 29, 1982.
    (15) Provisions to meet the requirements of Part D of the Clean Air
Act, as amended in 1977, for carbon monoxide in Provo and Ogden, Utah
were submitted on September 20, 1982.
[[Page 608]]
    (16) Additional information regarding stack monitoring at the main
stack at the Kennecott Copper Smelter in Salt Lake City was submitted on
December 27, 1982, and February 3, 1984.
    (17) Provision to meet the requirements of Part D of the Clean Air
Act as amended in 1977 providing for implementing automobile inspection
and maintenance in Salt Lake and Davis Counties were submitted on
December 9, 1983, December 19, 1983, February 6, 1984, and March 1,
1984. A revision providing for the commitment to adopt regulations for
VOC sources covered by future CTG's (Group III) was submitted on
February 6, 1984.
    (18) A revision to the SIP was submitted by the Governor for
attainment of the SO<INF>2</INF> standard on August 17, 1981. Additional
submittals January 25, 1983, and September 5, 1984.
    (19) A revision to the SIP was submitted by the Governor on April
26, 1985, for visibility monitoring and new source review.
    (i) Incorporation by reference.
    (A) Letter dated April 26, 1985, from Governor Norman Bangerter
submitting the Utah Visibility SIP and Regulations.
    (B) The Visibility SIP and the Utah Air Conservaton Regulations
1.1.7 and 3.11.1 were adopted on April 15, 1985 referred to in the
Governor's letter as April 12, 1985.
    (20) A revision to the SIP was submitted by the Governor on December
12, 1985, for attaintment of the CO standard in Utah County.
    (i) Incorporation by reference.
    (A) Letter and attachments dated December 12, 1985, from Governor
Norman H. Bangerter submitting the SIP Revision for attainment of NAAQS
for CO in Utah County. The attachments included Section 9, Part C;
Section 9, Appendices A, C, H, and I; and Technical Support Document--
Provo.
    (ii) Additional material.
    (A) Letter dated May 8, 1986, from Brent C. Bradford to Irwin
Dickstein; Re: Response to questions on I/M with anti-tampering program.
    (B) Letter and attachment dated May 15, 1986, from Brent Bradford to
Irwin Dickstein transmitting Appendix D of the Technical Support
Document.
    (21) A revision to the SIP was submitted by the Governor on December
11, 1987, for visibility general plan requirements and long-term
strategies.
    (i) Incorporation by reference.
    (A) Letter dated December 2, 1988, from the Utah Bureau of Air
Quality to the U.S. Environmental Protection Agency, Region VIII.
    (B) A revised section 16, Visibility Protection, of the Utah SIP was
adopted on November 12, 1987, except for the first three paragraphs of
Sec. 16.1, the fifth and sixth paragraph of Sec. 16.4, and the second
and third paragraphs of Sec. 16.5.
    (22) In a letter dated May 2, 1986, the Governor submitted revisions
to the Utah Air Conservation Regulations addressing GEP stack heights/
dispersion techniques and a new Section 17 to the SIP addressing GEP
stack height demonstration analysis.
    (i) Incorporation by reference.
    (A) Revisions to the Utah Air Conservation Regulations adopted April
18, 1986. The revisions consist of adding stack height definitions (UACR
1.1.128 through UACR 1.1.133) and updating stack height exemptions (UACR
3.8).
    (B) Stack height demonstration analysis submitted by the State in a
letter dated May 2, 1986.
    (23) On May 2, 1991 the Governor of Utah submitted revisions to the
plan. The revisions include amendments to the prevention of significant
deterioration (PSD) portion of the plan to incorporate the nitrogen
dioxide (NO<INF>2</INF>) increments, and several ``housekeeping''
changes to definitions, new source review, and PSD regulations.
    (i) Incorporation by reference.
    (A) Revisions to the Utah Air Conservation Regulations, section
R446-1-1, Foreword and Definitions, section R446-1-3, Control of
Installations, and section R446-2-1, Utah State Implementation Plan
Incorporation by Reference, effective January 1, 1991.
    (B) Letter dated May 1, 1991, from Kenneth Hansen of the Utah
Division of Administrative Rules to Dave McNeill of the Utah Bureau of
Air Quality, confirming a codification change to paragraph R446-1-3.6.5,
effective May 1, 1991. This letter contains a reprinted version of R446-
1-3.6.5.
    (ii) Additional material.
[[Page 609]]
    (A) February 26, 1991, letter from F. Burnell Cordner, Executive
Secretary, Utah Air Conservation Committee, to Douglas M. Skie, EPA,
transmitting administrative materials for the SIP revision.
    (B) May 2, 1991, letter from Norman H. Bangerter, Governor, State of
Utah, to James J. Scherer, EPA. Official SIP submittal, transmitting the
SIP narrative modifying section 8, Prevention of Significant
Deterioration, and other administrative materials.
    (24) On May 4, 1990, and July 25, 1991, the Governor of Utah
submitted revisions to the plan. The revisions include amendments to the
ozone nonattainment area regulations for stationary sources of volatile
organic compounds (VOCs), contained within Regulation R446-1-4.9 of the
Utah Air Conservation Regulations, ``Emission Standards. Non-Attainment
Area Requirements--Ozone,'' and the definitions applicable to the VOC
regulations, contained within Regulation R446-1-1, ``Foreward and
Definitions.'' The amendments were made to conform Regulations R446-1-1
and R446-1-4.9 to statutory requirements for application of reasonably
available control technology (RACT) to stationary sources of VOC's, as
required by section 182(a)(2)(A) of the 1990 Clean Air Act, and to
improve the clarity and enforceability of the regulations.
    (i) Incorporation by reference. (A) Revisions to the following Utah
Air Conservation Regulations, Section R446-1-1, Foreward and
Definitions, effective January 1, 1991: R446-1-1.10, 1.16, 1.40, 1.60,
1.109, 1.126, 1.140, 1.150, 1.151, 1.159, 1.160, 1.161, 1.162, 1.163,
1.164, 1.165, 1.166, 1.167, 1.168, 1.169, 1.170, 1.171, 1.172, 1.173,
1.174, 1.175, 1.176, 1.177, 1.178, 1.180, 1.182, 1.183, 1.184.
    (B) Revisions to the following rules of R446-1-4.9, Emission
Standards. Non-Attainment Area Requirements--Ozone, effective June 15,
1991: 4.9.A through 4.9.E were added (disposal of VOCs; requirements for
EPA concurrence on alternative test methods, alternative methods of
control, alternative compliance periods, alternative emission limits, or
alternative monitoring schedules; recordkeeping and reporting
requirements; RACT requirements for major non-CTG sources; ``once-in,
always-in'' requirements; and allowance for exclusion of non-reactive
VOC's); revisions to 4.9.1 (Petroleum Liquid Storage), 4.9.2 (Gasoline
Transfer/Storage), 4.9.3 (Control of Hydrocarbon Emissions in
Refineries), 4.9.4 (Degreasing and Solvent Cleaning Operations), 4.9.5
(Cutback Asphalt), 4.9.6 (Volatile Organic Compounds Used for Coating
Paper, Fabric, Vinyl, Metal Furniture, Large Appliances, Magnet Wire,
Flat Wood Paneling, Miscellaneous Metal Parts and Products, and Graphic
Arts), 4.9.7 (Perchlorethylene Dry Cleaning Plants), 4.9.8 (Compliance
Schedule); 4.9.9 (Compliance Schedule) was deleted.
    (ii) Additional material. (A) May 9, 1991, letter from F. Burnell
Cordner, Executive Secretary, Utah Air Conservation Committee, to
Douglas Skie, EPA. This letter provided final changes to R446-1-4.9,
indicated that these changes would become effective on June 15, 1991,
and indicated that the State would submit the Ozone SIP revision package
to EPA after the changes become effective.
    (B) July 25, 1991, letter from Norman H. Bangerter, Governor, State
of Utah, to James Scherer, EPA. Official SIP submittal, transmitting
revised Regulation R446-1-4.9, and other administrative materials. This
letter provided a negative declaration for seven CTG source categories:
large petroleum dry cleaners, manufacturers of high density
polyethylene, polypropylene, polystyrene resins, manufacturers of
synthesized pharmaceutical products, manufacturers of pneumatic rubber
tires, natural gas/gas processing plants, and synthetic organic chemical
manufacturing industries (SOCMI) with fugitive emissions and/or air
oxidation processes.
    (C) September 5, 1991, letter from F. Burnell Cordner, Executive
Secretary, Utah Air Quality Board, to James Scherer, EPA. This letter
provided a negative declaration for three CTG source categories: surface
coating of cans, surface coating of metal coils, and surface coating of
automobiles and light duty trucks.
    (D) January 30, 1992, letter from F. Burnell Cordner, Executive
Secretary, Utah Air Quality Board, to Doug Skie, EPA. This letter
contained the State's
[[Page 610]]
commitment to conduct capture efficiency testing using the most recent
EPA capture efficiency protocols, and the commitment to adopt federal
capture efficiency test methods after they are officially promulgated by
EPA.
    (25) The Governor of Utah submitted a PM<INF>10</INF> State
Implementation Plan (SIP) for Salt Lake and Utah Counties, Utah with a
letter dated November 15, 1991. The submittals were made to satisfy
those moderate PM<INF>10</INF> nonattainment area SIP requirements due
for Salt Lake and Utah Counties as outlined in the Clean Air Act of
1990. The Governor's submittal also included revisions to the Utah Air
Quality Rules and to other sections of the State-wide SIP. The Utah Air
Conservation Regulations have been revised and renumbered over the past
decade and are being replaced in its entirely with this Governor's
submittal.
    (i) Incorporation by reference.
    (A) Utah Air Conservation Regulations, printed January 27, 1992.
    (B) Utah State Implementation Plan, Section 1-7 and 10-15, effective
March 31, 1992.
    (C) Utah State Implementation Plan, Section 9, Part A and Section 9,
Part A, Appendix A effective August 14, 1991.
    (26) On November 9, 1992, Norman Bangerter, the Governor of Utah,
submitted a SIP revision to the Utah Implementation Plan and Utah Air
Conservation Regulations. This revision establishes and requires the
implementation of oxygenated fuel programs in Provo-Orem and Salt Lake-
Ogden Metropolitan Statistical Areas as required by section 211(m) of
the Clean Air Act Amendments of 1990.
    (i) Incorporation by reference.
    (A) R307-8; Oxygenated Gasoline Program, of the Utah Air
Conservation Regulations as adopted by the State, effective December 16,
1993.
    (ii) Additional materials.
    (A) Letter dated November 9, 1992, from Governor Norman Bangerter
submitting the oxygenated gasoline program SIP revision.
    (B) Letter dated May 19, 1994, from Governor Michael O. Leavitt
submitting the oxygenated gasoline program SIP revision.
    (27) The Governor of Utah submitted a Section 16, Stack Height
Demonstration and Section 9, Part B, Sulfur Dioxide of the Utah State
Implementation Plan (SIP) a letter dated December 23, 1991, and May 15,
1992, respectively. The Governor's submittal also included statewide
SO<INF>2</INF> regulations.
    (i) Incorporation by reference.
    (A) Utah State Implementation Plan, Section 16, effective December
16, 1991.
    (B) Utah State Implementation Plan, Section 9, Part B effective June
15, 1992.
    (C) Utah Air Conservation Regulations, R307-1-4. Emission Standards:
changes to 4.2 Sulfur Content of Fuels and 4.6.2, effective June 15,
1992.
    (28) On November 12, 1993, the Governor of Utah submitted revisions
to its permitting requirements to satisfy the nonattainment new source
review provisions in the amended Clean Air Act for all of its
nonattainment areas. On May 20, 1994, the Governor of Utah submitted a
revision to Utah's definition of volatile organic compounds.
    (i) Incorporation by reference.
    (A) Utah Air Conservation Regulations, R307-1-1, the forward and the
following definitions: ``air contaminant,'' ``air contaminant source,''
``air pollution,'' ``allowable emissions,'' ``ambient air,'' ``best
available control technology (BACT),'' ``board,'' ``department,''
``dispersion technique,'' ``emission limitation,'' ``executive
director,'' ``executive secretary,'' ``major modification,'' ``major
source,'' ``PM-10 precursor,'' ``person,'' ``temporary,'' and ``volatile
organic compound (VOC);'' effective November 15, 1993, printed June 24,
1994.
    (B) Utah Air Conservation Regulations, R307-1-3.1.8, R307-1-3.1.10,
and R307-1-3.3; effective August 16, 1993, printed May 26, 1994.
    (ii) Additional material.
    (A) Letter dated October 18, 1994 from Russell A. Roberts to Douglas
M. Skie clarifying applicability of Utah's nonattainment new source
review permitting requirements.
    (29) Revisions to the Utah State Implementation Plan for the 1990
Carbon Monoxide Base Year emission inventories for Ogden City, Salt Lake
City, and Utah County were submitted by the Governor in a letter dated
July 11, 1994.
    (i) Incorporation by reference.
[[Page 611]]
    (A) Carbon Monoxide 1990 Base Year Emission Inventories for Ogden
City, Utah SIP, Section IX, Part C.3., Table IX.C.5; Salt Lake City,
Utah SIP, Section IX, Part C.3., Table IX.C.4; and Utah County, Utah
SIP, Section IX, Part C.6., Table IX.C.10 all of which became effective
on August 31, 1994.
    (30) On November 9, 1992, the Governor of Utah submitted a plan for
the establishment and implementation of a Small Business Assistance
Program to be incorporated into the Utah State Implementation Plan as
required by section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Utah Code, Title 19, Chapter 2, Air Conservation Act, Sections
19-2-109.1 and 19-2-109.2, to establish and fund a small business
stationary source technical and environmental compliance assistance
program, effective April 27, 1992.
    (ii) Additional materials.
    (A) November 9, 1992 letter from the Governor of Utah submitting a
Small Business Assistance Program plan to EPA.
    (B) The State of Utah plan for the establishment and implementation
of a Small Business Assistance Program, promulgated September 30, 1992
by the Utah Air Quality Board, effective December 1, 1992.
    (31) On February 1, 1995, the Governor of Utah submitted revisions
to the prevention of significant deterioration permitting regulations in
R307-1-1 and R307-1-3 of the Utah Air Conservation Regulations to
incorporate changes in the Federal PSD permitting regulations for PM-10
increments and to make other minor, administrative changes.
    (i) Incorporation by reference.
    (A) Revisions to the Utah Air Conservation Regulations, R307-1-1,
the definitions of ``baseline area,'' ``baseline date,'' ``net emissions
increase,'' and ``significant,'' effective 9/22/94, printed 10/24/94.
    (B) Revisions to the Utah Air Conservation Regulations, R307-1-3,
Sections 3.6.2.B, 3.6.2.D, 3.6.2.E, 3.6.3.A, 3.6.3.B, 3.6.3.D.(2) and
(3), 3.6.4.A.(1), 3.6.4.C, 3.6.4.D, 3.6.5.A, 3.6.5.B.(1)(a), 3.6.5.C,
3.6.5.D, 3.6.5.E, 3.6.5.F, and 3.6.6, effective 10/1/94, printed 10/24/
94.
    (32)-(33)  [Reserved]
    (34) Revisions to the Utah State Implementation Plan for the
Emission Statement Inventory regulation, UACR R307-1-3.5.4., revision of
the ozone nonattainment area designation definition, UACR R307-1-3.3.3C,
and other minor changes to definitions in UACR R307-1-1. were submitted
by the Governor in a letter dated November 12, 1993.
    (i) Incorporation by reference.
    (A) Emission Statement Inventory regulation, UACR R307-1-3.5.4,
ozone nonattainment area designation definition, UACR R307-1-3.3.3C, and
the following definitions in UACR R307-1-1.; ``Control Apparatus'',
``Emissions Information'', ``Peak Ozone Season'', ``Process Level'', and
``Process Rate''. All were adopted on August 4, 1993, and became
effective on November 15, 1993.
    (B) A letter dated May 30, 1995, from Russell Roberts, Director,
Utah Division of Air Quality to Douglas Skie, Chief, Air Programs Branch
for Region 8.
    (35) [Reserved]
    (36) The Governor of Utah submitted a revision to Utah's State
Implementation Plan (SIP) for Visibility Protection with a letter dated
July 25, 1996. The revision was made to add a new subsection 15.10 to
the SIP to include a policy statement regarding scenic views which was
deleted from the Utah Air Conservation Regulations.
    (i) Incorporation by reference.
    (A) Utah State Implementation Plan, Subsection 15.10, Policy of the
Air Conservation Committee Concerning the Protection of Scenic Views
Associated with Mandatory Class I Areas from Significant Impairment for
Visibility, adopted on March 26, 1993, and effective on March 29, 1993.
    (ii) Additional material.
    (A) A July 25, 1996 letter from Michael O. Leavitt, Utah Governor,
to Jack McGraw, EPA Region VIII Acting Regional Administrator, in which
it was communicated, among other things, that the Utah Air Quality Board
deleted R307-5 from the Utah Air Conservation Regulations. The deletion
was effective March 29, 1993.
    (37) On November 20, 1996, the Governor of Utah submitted a revision
to the Utah State Implementation Plan. The submittal included a new Utah
[[Page 612]]
regulation which incorporates by reference the Federal new source
performance standards in 40 CFR part 60, as in effect on March 12, 1996.
    (i) Incorporation by reference.
    (A) Utah Air Conservation Regulations, R307-18-1, ``Standards of
Performance for New Stationary Sources (NSPS),'' effective September 9,
1996, printed October 19, 1996.
    (38) Revisions to the Utah State Implementation Plan, Section IX,
Control Measures for Area and Point Sources, Part D, Ozone; Section X,
Vehicle Inspection and Maintenance Program, Part A, General Requirements
and Applicability; Section X, Vehicle Inspection and Maintenance
Program, Part B, Davis County; Section X, Vehicle Inspection and
Maintenance Program, Part C, Salt Lake County; Section X, Vehicle
Inspection and Maintenance Program, Part E, Weber County; UACR R307-1-
3.3.3.C., a portion of Control of Installations; UACR R307-1-
3.5.3.B.(1), a portion of Emission Statement Inventory; all as submitted
by the Governor on February 19, 1997. EPA approved the above provisions.
In addition, EPA approved, for the limited purpose of strengthening the
SIP, revisions to UACR R307-14, Requirements for Ozone Nonattainment
Areas and Davis and Salt Lake Counties, as submitted by the Governor on
February 6, 1996.
    (i) Incorporation by reference.
    (A) UACR R307-2-13 adopted by the Utah Air Quality Board on January
8, 1997, effective March 4, 1997, including Section IX, Part D.2 of the
Utah State Implementation Plan (SIP) that such rule incorporates by
reference (Ozone Maintenance Provisions for Salt Lake and Davis
Counties, adopted by the Utah Air Quality Board on January 8, 1997), and
excluding any other provisions that such rule incorporates by reference.
    (B) The following State Approval Orders (AO): Pacificorp Gadsby
Power Plant AO DAQE-0063-94 dated February 3, 1994, Kennecott Utah
Copper Utah Power Plant AO DAQE-433-94 dated May 27, 1994, Hill Air
Force Base (HAFB) AO DAQE-163-96 dated February 9, 1996, HAFB AO DAQE-
1134-95 dated December 7, 1995, HAFB AO DAQE-860-95 dated September 20,
1995, HAFB AO DAQE-775-95 dated August 30, 1995, HAFB AO DAQE-403-95
dated May 8, 1995, HAFB AO DAQE-067-95 dated January 31, 1995, HAFB AO
DAQE-068-95 dated January 30, 1995, HAFB AO DAQE-915-94 dated October
18, 1994, HAFB AO DAQE-824-94 dated September 29, 1994, HAFB AO DAQE-
0752-93 dated August 27, 1993, HAFB AO DAQE-0719-93 dated August 20,
1993, HAFB AO DAQE-0103-93 dated February 11, 1993, HAFB AO DAQE-1171-92
dated January 4, 1993, HAFB AO DAQE-416-92 dated April 28, 1992, HAFB AO
DAQE-167-92 dated February 19, 1992, HAFB AO DAQE-894-91 dated November
25, 1991, HAFB AO BAQE-039-91 dated February 7, 1991, HAFB AO BAQE-669-
88 dated December 20, 1988, HAFB AO BAQE-525-88 dated October 13, 1988,
HAFB AO BAQE-353-88 dated July 21, 1988, HAFB AO BAQE-026-88 dated
January 20, 1988, HAFB AO for Industrial Wastewater Treatment Facility
dated February 20, 1986, HAFB AO for Hydrazine Exhaust Incinerator dated
February 5, 1985, HAFB AO for Paint Booth, HVAC Modification, Standby
Generators, and Fuel Storage dated July 18, 1983, HAFB AO for Remodeling
Base Exchange BX Service Station dated July 12, 1979, HAFB AO for
Construction dated June 27, 1978, and the Olympia Sales Company AO DAQE-
300-95 dated April 13, 1995.
    (C) UACR R307-2-18, adopted by the Utah Air Quality Board on
February 5, 1997, effective February 14, 1997. This rule incorporates by
reference Section X, Part A of the Utah State Implementation Plan,
Vehicle Inspection and Maintenance Program, General Requirements and
Applicability.
    (D) UACR R307-2-31, adopted by the Utah Air Quality Board on
February 5, 1997, effective February 14, 1997. This rule incorporates by
reference Section X, Part B of the Utah State Implementation Plan,
Vehicle Inspection and Maintenance Program, Davis County.
    (E) UACR R307-2-32, adopted by the Utah Air Quality Board on
February 5, 1997, effective February 14, 1997. This rule incorporates by
reference Section X, Part C of the Utah State Implementation Plan,
Vehicle Inspection and Maintenance Program, Salt Lake County.
[[Page 613]]
    (F) UACR R307-2-34, adopted by the Utah Air Quality Board on
February 5, 1997, effective February 14, 1997. This rule incorporates by
reference Section X, Part E of the Utah State Implementation Plan,
Vehicle Inspection and Maintenance Program, Weber County.
    (G) UACR R307-1-3.3.3.C., a portion of Control of Installations, as
adopted by the Utah Air Quality Board on January 8, 1997, effective
January 15, 1997.
    (H) UACR R307-1-3.5.3.B.(1), a portion of Emission Statement
Inventory regulation, as adopted by the Utah Air Quality Board on
January 8, 1997, effective January 15, 1997.
    (I) UACR R307-14-1, Requirements for Ozone Nonattainment Areas and
Davis and Salt Lake Counties, adopted by the Utah Air Quality Board on
August 9, 1995, effective on August 15, 1995.
    (39) Revisions to the Utah State Implementation Plan, Section IX,
Control Measures for Area and Point Sources, Part C, Carbon Monoxide as
submitted by the Governor on December 6, 1996 (with minor mathematical
corrections submitted by the Utah Division of Air Quality on August 12,
1998), excluding Section IX, Part C.7.f.(3) of the plan, ``Emissions
Credit Allocation,'' as EPA is not taking any action on that section of
the plan. UACR R307-1-3.3 Requirements for Nonattainment and Maintenance
Areas--New and Modified Sources; as submitted by the Governor on
November 24, 1995.
    (i) Incorporation by reference.
    (A) UACR R307-2-12, adopted by the Utah Air Quality Board on August
7, 1996 and September 4, 1996, effective November 1, 1996, as modified
through a notice of nonsubstantive rule change dated July 14, 1998,
effective July 27, 1998, to correct minor mathematical errors in Section
IX, Part C.7.f.(2) of the Utah State Implementation Plan (SIP). UACR
R307-2-12 incorporates by reference a number of provisions of the Utah
SIP, only some of which are relevant to this rulemaking action. EPA's
incorporation by reference of UACR R307-2-12 only extends to the
following Utah SIP provisions and excludes any other provisions that
UACR R307-2-12 incorporates by reference:
    Section IX, Part C.7 (except for Section IX, Part C.7.f.(3)), Carbon
Monoxide Maintenance Provisions for Salt Lake City, adopted by Utah Air
Quality Board on August 7, 1996, and September 4, 1996, effective
November 1, 1996, as modified by the nonsubstantive rule change noted
above.
    (B) UACR R307-1-3.3, a portion of Requirements for Nonattainment and
Maintenance Areas--New and Modified Sources, as adopted by the Utah Air
Quality Board on October 4, 1995, December 6, 1995, effective January
31, 1996.
    (ii) Additional material.
    (A) February 19, 1998, letter from Ursula Trueman, Director, Utah
Division of Air Quality, Department of Environmental Quality to Richard
R. Long, Director, Air and Radiation Program, EPA Region VIII, entitled
``DAQS-0188-98; Technical Support Documents--Ogden City and Salt Lake
City CO Maintenance Plans.'' This letter confirmed that all the emission
projections, contained in the technical support documents for both the
Salt Lake City and Ogden City redesignation requests, were properly
adopted by the Utah Air Quality Board in accordance with the Utah Air
Quality Rules.
    (B) Materials from Jan Miller, Utah Division of Air Quality,
Department of Environmental Quality, received by Tim Russ, Air and
Radiation Program, EPA Region VIII, displaying the minor mathematical
corrections to the on-road mobile source emission budgets in Section IX,
Part C. 7.f.(2) of the Salt Lake City CO Maintenance Plan. These
nonsubstantive changes were made in accordance with the Utah Air Quality
Rules and were effective July 27, 1998.
    (40) The Governor of Utah submitted revisions to the Utah State
Implementation Plan to revise Utah's definition of a volatile organic
compound (VOC) and to include nonsubstantive wording changes regarding
VOC emissions from air strippers and soil venting operations. The
revisions to the VOC definition, found in UACR R307-1-1, were submitted
by the Governor on November 8, 1995, February 12, 1996, November 20,
1996, May 15, 1997, and June 10, 1998. The revisions submitted November
8, 1995, February 12, 1996, November 20, 1996, and May 15, 1997, deleted
volatile methyl siloxanes, parachlorobenzotrifluoride (PCBTF), acetone,
perchloroethylene (PERC),
[[Page 614]]
HFC 43-10mee, HCFC 225ca and HCFC 225cb from the definition of VOCs. The
June 10, 1998 submittal incorporated the deletion of 16 more pollutants
from the federal list that were determined to have a negligible
contribution to tropospheric ozone formation; the compounds are: HFC-32,
HFC-161, HFC-236fa, HFC-245ca, HFC-245ea, HFC-245eb, HFC-245fa, HFC-
236ea, HFC-365mfc, HCFC-31, HCFC-123a, HCFC-151a,
C<INF>4</INF>F<INF>9</INF>OCH<INF>3</INF>,
(CF<INF>3</INF>)<INF>2</INF>CFCF<INF>2</INF>OCH<INF>3</INF>,
C<INF>4</INF>F<INF>9</INF>OC<INF>2</INF>H<INF>5</INF>, and
(CF<INF>3</INF>)<INF>2</INF>CFCF<INF>2</INF>OC<INF>2</INF>H<INF>5</INF>
(compound names only are listed here, refer to 62 FR 44901, August 25,
1997 for the chemical name and 62 FR 44903, August 25, 1997 for the
complete list of exempted VOCs). A second February 12, 1996 Governor's
submittal contained minor wording revisions which were made to UACR
R307-6-1 regarding VOC emissions from air strippers and soil venting
operations. The revision submitted November 20, 1996 also repealed UACR
R307-14-8 which had addressed requirements for perchloroethylene dry
cleaning plants located in ozone nonattainment and maintenance areas.
    (i) Incorporation by reference.
    (A) UACR R307-1-1, a portion of Forward and Definitions, definition
of VOC, as adopted by the Utah Air Quality Board on January 7, 1998,
effective January 8, 1998.
    (B) UACR R307-6, a portion of De minimis Emissions from Air
Strippers and Soil Venting Projects, nonsubstantive wording changes,
effective October 1, 1995.
    (41) On July 11, 1994 the Governor of Utah submitted revisions to
the Utah State Implementation Plan (SIP) to revise the definition for
``Sole Source of Heat'' under UACR R307-1-1, ``Foreword and
Definitions,'' to allow the exemption of those households with small
portable heating devices from mandatory no-burn periods. This revision
also made changes to the residential woodburning regulations under UACR
R307-1-4.13.3 ``No-Burn Periods,'' which specifies the actions which
must be taken if contingency measures are implemented in the Salt Lake,
Davis or Utah County nonattainment areas. These plans were requested to
be withdrawn by the Governor in a November 9, 1998, letter to the
Regional Administrator. EPA returned the portions of these plans with a
letter to the Governor on January 29, 1999. A nonsubstantive change was
made in this section as a result of the revision which moves section
4.13.3 D to section 4.13.3.E; this change was also approved by EPA. On
February 6, 1996 the Governor of Utah submitted revisions to the Utah
State Implementation Plan to revise Utah's open burning regulations,
under UACR R307-1-2.4, to require that the local county fire marshal
establish 30-day open burning windows during the spring and fall closed
burning seasons in areas outside of Salt Lake, Davis, Weber, and Utah
Counties as granted by the state forester. There were also minor changes
made to the open burning regulations under UACR R307-1-2.4, ``General
Burning'' and minor changes made to UACR R307-1-2.5 ``Confidentiality of
Information.'' On July 9, 1998 the Governor of Utah submitted revisions
to the Utah SIP to add a definition for ``PM<INF>10</INF> Nonattainment
Area,'' under UACR R307-1-1, ``Foreword and Definitions.''
    (i) Incorporation by reference.
    (A) UACR R307-1-1, a portion of ``Foreword and Definitions,''
revision of definition for ``Sole Source of Heat,'' as adopted by Utah
Air Quality Board on December 9, 1993, effective on January 31, 1994.
    (B) UACR R307-1-4, a portion of ``Emissions Standards,'' as adopted
by Utah Air Quality Board on December 9, 1993, effective on January 31,
1994.
    (C) UACR R307-1-2, a portion of ``General Requirements,'' open
burning changes and nonsubstantive wording changes, as adopted by Utah
Air Quality Board on September 6, 1995, effective on October 31, 1995.
    (D) UACR R307-1-1, a portion of ``Foreword and Definitions,''
addition of definition for ``PM<INF>10</INF> Nonattainment Area,'' as
adopted by Utah Air Quality Board on January 7, 1998, effective on
January 8, 1998.
    (ii) Additional Material.
    (A) July 20, 1998, fax from Jan Miller, Utah Department of Air
Quality, to Cindy Rosenberg, EPA Region VIII, transmitting Utah Code
65A-8-9, regarding closed fire seasons.
    (B) October 21, 1998, letter from Richard R. Long, Director, EPA Air
and Radiation Program, to Ursula Trueman,
[[Page 615]]
Director, Utah Division of Air Quality, requesting that Utah withdraw
the submitted Salt Lake and Davis County PM<INF>10</INF> Contingency
Measure SIP revisions, the Utah County PM<INF>10</INF> Contingency
Measure SIP revisions, and the Residential Woodburning in Salt Lake,
Davis and Utah Counties PM<INF>10</INF> Contingency Measure SIP
revision.
    (C) November 9, 1998, letter from the Governor of Utah, to William
Yellowtail, EPA Region VIII Administrator, requesting that the submitted
Salt Lake and Davis County and Utah County PM<INF>10</INF> Contingency
Measure SIP revisions and the Residential Woodburning in Salt Lake,
Davis and Utah Counties PM<INF>10</INF> Contingency Measure SIP revision
be withdrawn.
    (D) December 16, 1998, letter from Larry Svoboda, EPA Region VIII,
to Ursula Trueman, Utah Department of Air Quality, clarifying revisions
that were made to UACR R307-1-4.
    (E) January 5, 1999, letter from Ursula Trueman, Utah Department of
Air Quality, to William Yellowtail, EPA Region VIII Administrator,
concurring on EPA's clarification of revisions that were made to UACR
R307-1-4.
    (F) January 29, 1999, letter from William Yellowtail, EPA Region
VIII Administrator, to the Governor of Utah returning the Salt Lake and
Davis County and Utah County PM<INF>10</INF> Contingency Measure SIP
revisions and the Residential Woodburning in Salt Lake, Davis and Utah
Counties PM<INF>10</INF> Contingency Measure SIP revision.
    (42) On February 12, 1996, the Governor of Utah submitted revisions
submitted revisions to the SIP that incorporate the General Conformity
requirements of 40 CFR part 93, subpart B into the SIP and State
regulation.
    (i) Incorporation by reference.
    (A) UACR R307-2-30, Section XXII, General Conformity, as adopted on
October 4, 1995, effective October 12, 1995.
    (B) UACR R307-19, General Conformity, as adopted on October 4, 1995,
effective October 12, 1995.
    (43) On February 1, 1995 the Governor of Utah submitted revisions to
the Utah SIP to revise the provisions for road salting and sanding in
Section 9, part A of the SIP and in UACR R307-1-3, updating the
incorporation by reference in R307-2-1, deleting obsolete measures for
nonferrous smelters in R307-1-3, and making nonsubstantive changes to
UACR R307-1-1 and R307-1-3.
    (i) Incorporation by reference.
    (A) UACR R307-1-3, a portion of ``Control of Installations,''
revisions to road salting and sanding requirements and deletion of non
ferrous smelter orders, as adopted by Utah Air Quality Board on November
5, 1993, effective on January 3, 1994.
    (B) UACR R307-2-1, ``Incorporation by Reference,'' revised date for
incorporation by reference of the State Implementation Plan, as adopted
by Utah Air Quality Board on January 31, 1994.
    (C) UACR R307-1-1, ``Foreword and Definitions,'' nonsubstantive
change made to definition of ``PM<INF>10</INF> precursor,'' effective on
June 1, 1994.
    (D) UACR R307-1-3, ``Control of Installations,'' nonsubstantive
changes to road salting and sanding, effective on June 1, 1994.
    (ii) Additional Material.
    (A) February 22, 1999 letter from Ursula Trueman, Director, Utah
Division of Air Quality, to Richard Long, Director, EPA Region VIII Air
and Radiation Program, transmitting nonsubstantive change correction to
R307-2-1, ``Incorporation by Reference,'' that was left out of the
February 1, 1995 SIP submittal.
    (B) March 16, 1999 letter from Larry Svoboda, Unit Leader, EPA
Region VIII Air and Radiation Program, to Ursula Trueman, Director, Utah
Division of Air Quality, explaining EPA's interpretation of
nonsubstantive revision to definition of ``PM<INF>10</INF> precursor.''
    (C) April 28, 1999 letter from Richard Sprott, Planning Branch
Manager, Utah Division of Air Quality, to Larry Svoboda, Unit Leader,
EPA Region VIII Air and Radiation Program, providing explanation for and
background to the ``PM<INF>10</INF> precursor'' definition.
    (D) August 26, 1999 fax from Jan Miller, Utah Division of Air
Quality, to Cindy Rosenberg, EPA Region VIII Air and Radiation Program,
transmitting documentation for effective date of the ``PM<INF>10</INF>
precursor'' definition.
    (44) On February 29, 2000, the Governor of Utah submitted revisions
to Section XI of the SIP that incorporate a new transportation control
measure
[[Page 616]]
for Utah County into the SIP and State regulation.
    (i) Incorporation by reference.
    (A) UACR R307-110-19, Section XI, Other Control Measures for Mobile
Sources, as adopted on February 9, 2000, effective February 10, 2000.
    (B) Revisions to Section XI of the Utah SIP, Other Control Measures
for Mobile Sources, adopted February 9, 2000, effective February 10,
2000.
[37 FR 10898, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2320, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
    Effective Date Note: At 65 FR 37288, June 14, 2000, Sec. 52.2320 was
amended by adding paragraph (c)(44), effective Aug. 14, 2000.
Sec. 52.2321  Classification of regions.
    The Utah 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)
----------------------------------------------------------------------------------------------------------------
Wasatch Front Intrastate.............................           I          I         I         I             I
Four Corners Interstate..............................          IA         IA       III       III           III
Utah Intrastate......................................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------
[37 FR 10898, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]
Sec. 52.2322  [Reserved]
Sec. 52.2323  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Utah's plan as meeting the requirements of section 110 of the
Clean Air Act as amended in 1977. Furthermore, the Administrator finds
that the plan satisfies all requirements of Part D, Title 1, of the
Clean Air Act as amended in 1977, except as noted below.
[45 FR 10765, Feb. 19, 1980]
Secs. 52.2324-52.2330  [Reserved]
Sec. 52.2331  Attainment dates for national standards.
    The attainment date for the secondary NAAQS for sulfur dioxide for
Salt Lake County and portions of Tooele County is December 31, 1994.
[61 FR 16062, Apr. 11, 1996]
Sec. 52.2332  Control Strategy: Ozone.
    Determinations--EPA is determining that, as of July 18, 1995, the
Salt Lake and Davis Counties ozone nonattainment area has attained the
ozone standard based on air quality monitoring data from 1992, 1993, and
1994, 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 Salt
Lake and Davis Counties ozone nonattainment area, these determinations
shall no longer apply.
[60 FR 36729, July 18, 1995]
Sec. 52.2333  Legal authority.
    (a) The requirements of Sec. 51.230(f) of this chapter are not met
since section 26-24-16 of the Utah Code Annotated (1953), may preclude
the release of emission data, as correlated with applicable emission
limitations, under certain circumstances.
[37 FR 15090, July 27, 1972, as amended at 51 FR 40676, Nov. 7, 1986]
Secs. 52.2334-52.2345  [Reserved]
Sec. 52.2346  Significant deterioration of air quality.
    (a) The Utah plan, as submitted, is approved as meeting the
requirements of Part C, Title I, of the Clean Air Act, except that it
does not apply to sources proposing to construct on Indian Reservations.
[[Page 617]]
    (b) Regulation for prevention of significant deterioration of air
quality. The provisions of Sec. 52.21 (b) through (v) are hereby
incorporated by reference and made a part of the Utah State
Implementation Plan and are applicable to proposed major stationary
sources or major modifications to be located on Indian Reservations.
    (c) The State of Utah has clarified the generalized language
contained in the Utah Air Conservation Regulations on the use of the
``Guidelines on Air Quality Models.'' In a letter to Douglas M. Skie,
EPA, dated May 26, 1989, F. Burnell Cordner, Director of the Bureau of
Air Quality, stated:
    * * * The language in section 3.7 of the Utah Air Conservation
Regulations on the use of ``Guidelines on Air Quality Models'' means
that all PSD permit reviews will comply with the use of the ``Guideline
on Air Quality Models (Revised)'', EPA 450/2-78-027R, and any future
supplements approved by EPA.
[47 FR 6428, Feb. 12, 1982, as amended at 54 FR 27881, July 3, 1989]
Sec. 52.2347  Stack height regulations.
    The State of Utah 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 27, 1988, F. Burnell Cordner, Director, Bureau
of Air Quality, stated:
    * * * We are submitting this letter to allow EPA to continue to
process our current SIP submittal with the understanding that if the
EPA's response to the NRDC remand modifies the July 8, 1985 regulations,
the EPA will notify the State of the rules that must be changed to
comply with the EPA's modified requirements. The State of Utah agrees to
process appropriate changes.
[54 FR 24341, June 7, 1989]
Sec. 52.2348  National Highway Systems Designation Act Motor Vehicle
          Inspection and Maintenance (I/M) Programs.
    On March 15, 1996 the Governor of Utah submitted a revised I/M
program for Utah County which included a credit claim, a basis in fact
for the credit claimed, a description of the County's program, draft
County ordinances, and authorizing legislation for the program. Approval
is granted on an interim basis for a period of 18 months, under the
authority of section 348 of the National Highway Systems Designation Act
of 1995. If Utah County fails to start its program by November 15, 1997
at the latest, this approval will convert to a disapproval after EPA
sends a letter to the State. At the end of the eighteen month period,
the approval will lapse. At that time, EPA must take final rulemaking
action upon the State's SIP, under the authority of section 110 of the
Clean Air Act. Final action on the State/County's plan will be taken
following EPA's review of the State/County's credit evaluation and final
regulations (State and County) as submitted to EPA.
[62 FR 31351, June 9, 1997]
Sec. 52.2350  Emission inventories.
    (a) The Governor of the State of Utah submitted the 1990 base year
emission inventory of ozone precursors, which are volatile organic
compounds, nitrogen oxides, and carbon monoxide, for the Salt Lake and
Davis Counties ozone nonattainment area on January 13, 1995, as a
revision to the State Implementation Plan (SIP). This inventory
addresses emissions from point, area, non-road, on-road mobile, and
biogenic sources. This Governor's submittal was followed by the
submittal of corrections to the inventory, on April 20, 1995, from
Russell Roberts, Director, Division of Air Quality, Utah Department of
Environmental Quality. The ozone maintenance plan for Salt Lake and
Davis Counties that the Governor submitted on February 19, 1997,
incorporates by reference the corrected 1990 base year ozone emission
inventory as background material. The 1990 ozone base year emission
inventory requirement of section 182(a)(1) of the Clean Air Act, as
amended in 1990, has been satisfied for the Salt Lake and Davis Counties
area.
    (b) On November 12, 1997, the Governor of Utah submitted the 1993
Carbon Monoxide Periodic Emission Inventories for Ogden City and Utah
County as revisions to the Utah State Implementation Plan. These
inventories address carbon monoxide emissions from
[[Page 618]]
stationary point, area, non-road, and on-road mobile sources.
[62 FR 38217, July 17, 1997, as amended at 63 FR 18124, Apr. 14, 1998]
Sec. 52.2351  Area-wide nitrogen oxides (NO<INF>X</INF>) exemption.
    On May 2, 1997, Ursula Trueman, Director, Division of Air Quality,
Utah Department of Environmental Quality, submitted, on behalf of the
State of Utah and pursuant to section 182(f)(2)(A) of the Clean Air Act
as amended in 1990, a section 182(f)(2) NO<INF>X</INF> Reasonably
Available Control Technology (RACT) exemption request for major
stationary sources of NO<INF>X</INF> in the Salt Lake and Davis Counties
ozone nonattainment area other than the Pacificorp Gadsby and Kennecott
Utah Copper Utah Power Plants. The exemption request was based on
ambient air quality monitoring data which demonstrated that the ozone
National Ambient Air Quality Standard (NAAQS) had been attained in the
Salt Lake and Davis Counties ozone nonattainment area for the years 1990
through 1996. EPA approved this NO<INF>X</INF> RACT exemption request on
July 2, 1997.
[62 FR 38217, July 17, 1997]
                           Subpart UU--Vermont
Sec. 52.2370  Identification of plan.
    (a) Title of plan: ``State of Vermont Implementation Plan for the
Achievement of National Air Quality Standards.''
    (b) The plan was officially submitted on January 29, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Notice of public hearing submitted on February 3, 1972, by the
Vermont Agency of Environmental Conservation.
    (2) Miscellaneous non-regulatory revisions to the plan submitted on
February 25, 1972, by the Vermont Agency of Environmental Conservation.
    (3) Miscellaneous changes to regulations 5-412, 5-466, 5-467, 5-481,
5-486, 5-487, and 5-488 submitted on May 19, 1972, by the Vermont Agency
of Environmental Conservation.
    (4) Revision to the particulate emission limitation or Fuel Burning
Equipment, revision to Rule 6, ``Rules of Practice,'' of the Air Quality
Variance Board and miscellaneous non-regulatory revisions submitted on
March 3, 1975, by the Vermont Agency of Environmental Conservation.
    (5) Revision to Chapter 5, ``Incinerator Emissions'' submitted on
November 30, 1973, by the Vermont Agency of Environmental Conservation.
    (6) Revision to Vermont Regulations, Chapter 5, ``Air Pollution
Control'', by letter submitted on July 19, 1976 by the Vermont Agency of
Environmental Conservation.
    (7) Revision to Regulation 5-231, Prohibition of Particulate Matter,
section 1, Industrial Process Emissions, with respect to wood processing
operations, submitted by the Vermont Secretary of Environmental
Conservation on April 11, 1977.
    (8) Revisions to Chapter 5 of the Vermont Air Pollution Control
Regulations, submitted by the Secretary of Environmental Conservation on
February 21, 1978.
    (9) Plans to meet various requirements of the Clean Air Act,
including Part C, were submitted on March 21 and November 21, 1979.
Included in these revisions is a program for the review of construction
and operation of new and modified major stationary sources of pollution
in attainment areas.
    (10) Attainment plans to meet the requirements of Part D and the
Clean Air Act, as amended in 1977, were submitted on March 21, November
21, November 27 and December 19, 1979. Included are plans to attain: The
secondary TSP standard for Barre City and a portion of the Champlain
Valley Air Management Area, the carbon monoxide standard in the
Champlain Valley Air Management Area and the ozone standard in
Chittenden, Addison, and Windsor Counties. 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 were also included.
    (11) A plan to provide for public, local and state involvement in
federally funded air pollution control activities was submitted on March
28, 1980.
[[Page 619]]
    (12) A plan to attain and maintain the National Ambient Air Quality
Standard for lead was submitted on June 24, 1980 by the Secretary of the
Vermont Agency of Environmental Conservation. A letter further
explaining the state procedures for review ofnew major sources of lead
emissions was submitted on November 7, 1980 by the Director, Air & Solid
Waste Programs, Vermont Agency of Environmental Conservation.
    (13) A revision to the air quality monitoring network which meets
the requirements of 40 CFR part 58, submitted on March 21, 1979 by the
Governor of Vermont.
    (14) A revision to regulation 5-221(1), ``Sulfur Limitation in
Fuel,'' submitted by the Secretary of the Vermont Agency of
Environmental Conservation on November 13, 1979.
    (15) Revisions to amend Regulations 5-101 ``Definitions'', 5-501
``Review of Construction or Modification of New Air Contaminant
Sources'', 5-502 ``Major Stationary Sources'', and Section 9 of the non-
regulatory portion of the SIP; to delete Regulations 5-253(1 ``Storage
of Volatile Organic Compounds'', 5-253(3), ``Bulk Gasoline Terminals'',
and 5-231(4) ``Potentially Hazardous Particulate Matter''; to add
Regulation 5-261 ``Control of Hazardous Air Contaminants''; and to amend
Table 3 of the Regulations ``Levels of Significant Impact for
Nonattainment Areas''; submitted by the Secretary of the Vermont Agency
of Environmental Conservation on August 24, 1981.
    (16) A revision to Regulation 5-231, ``Prohibition of Particulate
Matter,'' by the addition of subparagraph (3)(b) submitted by the
Secretary of the Vermont Agency of Environmental Conservation for all
but three stationary wood-fired combustion sources (excluded from
submittal: Moran Generating Station, Burlington Electric Department;
Rutland Plywood Company; and Cersosimo Lumber Company) on February 12,
1982.
    (17) A revision to approve Regulation 5-231(3)(b) for Cersosimo
Lumber Company submitted on March 23, 1983 by the Secretary of the
Vermont Agency of Environmental Conservation. (Note: The Cersosimo
Lumber Company was excluded from the original approval of Regulation 5-
231(3)(b) into the Vermont SIP identified at subparagraph (c)(16)
above.)
    (18) A revision to approve Vermont Regulation 5-231(3)(b) for
Rutland Plywood Corporation, submitted on October 19, 1984 by the
Secretary of the Vermont Agency of Environmental Conservation.
    Note: Rutland Plywood Corporation was excluded from the original
approval of Regulation 5-231(3)(b) in the Vermont SIP, identified at
paragraph (c)(16) above.
    (19) A plan to protect visibility in the Lye Brook Wilderness, a
mandatory Class I Federal area, from impairment caused by plume blight
and to monitor visibility, in fulfillment of the requirements of 40 CFR
part 51, subpart P. Submitted on April 15, 1986, the plan approves, only
as they apply to mandatory Class I Federal areas, revisions to Vermont
Regulations 5-101 (3), (14), (21), (59), and (76); 5-501(4); and 5-502
(4)(d) and (4)(e).
    (i) Incorporation by reference.
    (A) Amendments to Environmental Protection Regulations Chapter 5,
Air Pollution Control, Subchapter I. Definitions, 5-101 at subsections
(3), (14), (21), (59), and (76), filed in its adopted form on September
2, 1986.
    (B) Amendments to Environmental Protection Regulations Chapter 5,
Air Pollution Control, Subchapter V. Review of New Air Contaminant
Sources, 5-501 at subsection (4) requiring responsiveness to comments
and any analyses submitted by any Federal Land Manager, filed in its
adopted form on September 2, 1986.
    (C) Amendments to Environmental Protection Regulations Chapter 5,
Air Pollution Control, Subchapter V. Review of New Air Contaminant
Sources, 5-502 at subsection (4)(d) requiring a demonstration of no
adverse impact on visibility in any Class I Federal area; and at
subsection (4)(e) which reletters the former subsection (4)(d), filed in
its adopted form on September 2, 1986.
    (ii) Additional material.
    (A) Narrative submittal consisting of two volumes entitled,
``Implementation Plan for the Protection of Visibility in the State of
Vermont'' and ``Appendices'' describing procedures, notifications, and
technical evaluations to fulfill the visibility protection
[[Page 620]]
requirements of 40 CFR part 51, subpart P.
    (20) Revisions to the State Implementation Plan submitted by the
Vermont Air Pollution Control Division on December 7, 1990 and January
10, 1991.
    (i) Incorporation by reference.
    (A) Letter dated December 7, 1990 and letter with attachments dated
January 10, 1991 from the Vermont Air Pollution Control Division
submitting revisions to the Vermont State Implementation Plan.
    (B) Section 5-301 ``Scope,'' section 5-309 ``Nitrogen Dioxide--
Primary and Secondary Ambient Air Quality Standards,'' and Table 2
``Prevention of Significant Deterioration (PSD) Increments,'' of Chapter
5 ``Air Pollution Control'' of Vermont's Environmental Protection
Regulations effective in the State of Vermont on December ?, 1990.
    (ii) Additional materials.
    (A) A state implementation plan narrative dated November, 1990 and
entitled ``State of Vermont Air Quality Implementation Plan.
    (B) Nonregulatory portions of the state submittal.
    (21) Revisions to the State Implementation Plan submitted by the
Vermont Air Pollution Control Division on August 9, 1993.
    (i) Incorporation by reference.
    (A) Letter dated August 9, 1993 from the Vermont Air Pollution
Control Division submitting revisions to the Vermont State
Implementation Plan. Vermont resubmitted Vermont's rule entitled
``Registration of Air Contaminant Sources,'' Sections 5-801 through 5-
806 and the SIP narrative entitled ``State of Vermont Air Quality
Implementation Plan, February 1993'' to meet the emission statement
requirements of the Clean Air Act Amendments of 1990.
    (B) Letter dated February 4, 1993 from the Vermont Air Pollution
Control Division submitting revisions to the Vermont State
Implementation Plan which included Vermont's rule entitled
``Registration of Air Contaminant Sources,'' Sections 5-801 through 5-
806 and the SIP narrative entitled ``State of Vermont Air Quality
Implementation Plan, February 1993'' to meet the emission statement
requirements of the Clean Air Act Amendments of 1990. Sections 5-801
through 5-806 were previously adopted by Vermont and became effective on
April 20, 1988.
    (C) Section 5-801 ``Definitions,'' section 5-802 ``Requirement for
Registration,'' section 5-803 ``Registration Procedure,'' section 5-804
``False or Misleading Information,'' section 5-805 ``Commencement or
Recommencement of Operation,'' and section 5-806 ``Transfer of
Operation'' effective on April 20, 1988.
    (ii) Additional materials.
    (A) Vermont's SIP narrative entitled ``State of Vermont Air Quality
Implementation Plan, February 1993'' which addresses emission statement
requirements not covered by sections 5-801 through 5-806.
    (B) Letter dated October 5, 1994 from the Vermont Air Pollution
Control Division which clarifies Vermont procedures in developing the
emission statement information.
    (C) Nonregulatory portions of the submittal.
    (22) Revisions to the State Implementation Plan submitted by the
Vermont Air Pollution Control Division on August 9, 1993 and March 20,
1995.
    (i) Incorporation by reference.
    (A) Letters from the Vermont Air Pollution Control Division dated
August 9, 1993 and March 20, 1995 submitting revisions to the Vermont
State Implementation Plan.
    (B) Regulations, including section 5-101, ``Definitions,''
subsection 5-251(2), ``Reasonably available control technology for large
stationary sources,'' and, subsection 5-253.20, ``Other Sources That
Emit Volatile Organic Compounds,'' adopted on July 9, 1993 and effective
on August 13, 1993.
    (C) Administrative orders for Simpson Paper Company, in Gilman,
Vermont, and, U.S. Samaica Corporation, in Rutland, Vermont, both
adopted and effective on January 4, 1995.
    (23) Revisions to the State Implementation Plan submitted by the
Vermont Air Pollution Control Division in November, 1990, establishing a
PM<INF>10</INF> standard.
    (i) Incorporation by reference.
[[Page 621]]
    (A) Letter from the Vermont Air Pollution Control Division dated
December 10, 1990 submitting a revision to the Vermont State
Implementation Plan.
    (B) Section 5 of the Vermont air quality State Implementation Plan,
dated November, 1990.
    (24) Revision to the State Implementation Plan submitted by the
Vermont Department of Environmental Conservation on March 7, 1996.
    (i) Incorporation by reference.
    (A) Letter from the Vermont Department of Environmental Conservation
dated March 7, 1996 submitting a revision to the Vermont State
Implementation Plan.
    (B) Amendments to Table 2 ``Prevention of Significant Deterioration
Increments'' referenced in Section 5-502(4)(c) of the Vermont Agency of
Natural Resources Environmental Regulations (effective July 29, 1995).
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (25) Revisions to the State Implementation Plan submitted by the
Vermont Air Pollution Control Division on February 3, 1993, August 9,
1993, and August 10, 1994.
    (i) Incorporation by reference.
    (A) Letters from the Vermont Air Pollution Control Division dated
February 4, 1993, August 9, 1993, and August 10, 1994 submitting
revisions to the Vermont State Implementation Plan.
    (B) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.1, entitled ``Petroleum Liquid
Storage in Fixed Roof Tanks,'' effective in the State of Vermont on
November 13, 1992.
    (C) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.2, entitled ``Bulk Gasoline
Terminals,'' effective in the State of Vermont on November 13, 1992.
    (D) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.3, entitled ``Bulk Gasoline
Plants,'' effective in the State of Vermont on November 13, 1992.
    (E) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.4, entitled ``Gasoline Tank
Trucks,'' effective in the State of Vermont on November 13, 1992.
    (F) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.5, entitled ``Stage I Vapor
Recovery Controls at Gasoline Dispensing Facilities,'' effective in the
State of Vermont on November 13, 1992.
    (G) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.10, entitled ``Paper Coating,''
effective in the State of Vermont on November 13, 1992.
    (H) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.12, entitled ``Coating of Flat
Wood Paneling,'' effective in the State of Vermont on November 13, 1992.
    (I) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.13, entitled ``Coating of
Miscellaneous Metal Parts,'' effective in the State of Vermont on August
13, 1993.
    (J) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.14, entitled ``Solvent Metal
Cleaning,'' effective in the State of Vermont on August 13, 1993.
    (K) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.15, entitled ``Cutback and
Emulsified Asphalt,'' effective in the State of Vermont on August 17,
1994.
    (L) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-101, entitled ``Definitions,''
effective in the State of Vermont on November 13, 1992.
    (M) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-101, entitled ``Definitions,''
effective in the State of Vermont on August 13, 1993.
    (ii) Additional materials.
    (A) Vermont Agency of Natural Resources document entitled ``State of
Vermont: Air Quality Implementation Plan'' dated August 1993.
    (B) Letter from the Vermont Agency of Natural Resources dated
September 30, 1996 submitting a negative declaration for the
shipbuilding and repair
[[Page 622]]
Control Techniques Guideline (CTG) category.
    (C) Letter from the Vermont Agency of Natural Resources dated April
20, 1994 submitting a negative declaration for the synthetic organic
chemical manufacturing industry (SOCMI) distillation and reactor
processes CTG categories.
    (D) Letters from the Vermont agency of Natural Resources dated April
6, 1992 and August 28, 1992 submitting negative declarations for several
pre-1990 CTG categories.
    (E) Nonregulatory portions of the submittal.
[37 FR 10898, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2370, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.2371  Classification of regions.
    The Vermont plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Champlain Valley Interstate...............................          II         II       III       III        III
Vermont Intrastate........................................          II         II       III       III        III
----------------------------------------------------------------------------------------------------------------
[37 FR 10898, May 31, 1972, as amended at 45 FR 10782, Feb. 19, 1980]
Sec. 52.2372  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Vermont's plan as identified in Sec. 52.2370 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. In addition, continued satisfaction of the
requirements of Part D for the ozone portion of the SIP depends on the
adoption and submittal of RACT requirements by July 1, 1980 for the
sources covered by CTGs issued between January, 1978 and January, 1979
and adoption and submittal by each subsequent January of additional RACT
requirements for sources covered by CTGs issued by the previous January.
[45 FR 10782, Feb. 19, 1980]
Sec. 52.2373  Legal authority.
    (a) The requirements of Sec. 51.230(f) of this chapter are not met.
Vermont does not have the authority to make emissions data available to
the public since 10 V.S.A. section 363 would require the data to be held
confidential if a source certified that it related to production or
sales figures, unique processes, or would tend to affect adversely the
competitive position of the owner.
[37 FR 10899, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.2374  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.
[[Page 623]]
    (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 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 10899, May 31, 1972, as amended at 40 FR 55333, Nov. 28, 1975; 51
FR 40676, Nov. 7, 1986]
Sec. 52.2375  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 Vermont's plan.
----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                     -----------------------------------------------------------
Air quality control region and nonattainment area\1\            SO<INF>2</INF>
                                                     ------------------------   PM10     NO<INF>X</INF>       CO       O<INF>3</INF>
                                                       Primary    Secondary
----------------------------------------------------------------------------------------------------------------
Champlain Valley Interstate--Chittenden County:
Champlain Valley Air Management Area:
    Essex Town (including Essex Jct.)...............          a            a        a        a        b        b
    Burlington City.................................          a            a        a        a        b        b
    South Burlington City...........................          a            a        a        a        b        b
    Winooski........................................          a            a        a        a        b        b
    Remainder of Air Management Area................          a            a        a        a        b        b
    Remainder of County.............................          a            a        a        a        a        b
    Vermont Valley Air Management Area..............          a            a        a        a        a        a
    Addison County..................................          a            a        a        a        a        b
    Remainder of AQCR...............................          a            a        a        a        a        a
Vermont Interstate:
Central Vermont Air Management Area:
    Barre City......................................          a            a        a        a        a        a
    Remainder of Air Management Area................          a            a        a        a        a        a
    Windsor County..................................          a            a        a        a        a        b
    Remainder of AQCR...............................          a            a        a        a        a        a
----------------------------------------------------------------------------------------------------------------
\1\ Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to
  the 1977 Clean Air Act Amendments remain obligated to comply with those regulations by the earlier deadlines.
  The earlier attainment dates are set out at 40 CFR 52.2375, revised as of July 1, 1978.
a. Air quality levels presently below secondary standards or area is unclassifiable.
b. 12/31/82.
[45 FR 10782, Feb. 19, 1980; 46 FR 33525, June 30, 1981, as amended at
62 FR 41869, Aug. 4, 1997]
Sec. 52.2377  Review of new sources and modifications.
    Regulation 5-501(3) entitled ``Default Permits'' is disapproved.
[45 FR 10782, Feb. 19, 1980]
Sec. 52.2378  Certification of no facilities.
    On June 6, 1986, the Vermont Agency of Environmental Conservation
submitted a letter certifying that there are no facilities within the
State's boundaries subject to the Continuous Emissions Monitoring
requirements of
[[Page 624]]
40 CFR part 51, Appendix P. This negative declaration was submitted to
EPA in accordance with 40 CFR 51.19(e).
[51 FR 42221, Nov. 24, 1986]
Sec. 52.2379  [Reserved]
Sec. 52.2380  Significant deterioration of air quality.
    The program to review the construction and operation of new and
modified major stationary sources in attainment areas is approved as
meeting the requirements of Part C, except regulation 5-501(3) entitled
``Default permits'', and a portion of the SIP revision narrative from
the first full paragraph on pages 9-11 through the first four lines of
pages 9-12 inclusive, both of which were submitted on March 21, 1979 and
which are disapproved.
[45 FR 6784, Jan. 30, 1980]
Sec. 52.2381  EPA-approved Vermont State regulations.
    The following table identifies the state regulations which have been
submitted to and adopted by EPA as revisions to the Vermont 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. 52.2370. To the extent that this table conflicts with
Secs. 52.2370, 52.2370 governs.
                                     Table 52.2381--EPA-Approved Regulations
                                    [Vermont SIP regulations 1972 to present]
----------------------------------------------------------------------------------------------------------------
                                      Date       Date
State citation, title and subject   adopted    Approved    Federal Register       Section        Comments and
                                    by State    by EPA         Citation           52.2370    unapproved sections
----------------------------------------------------------------------------------------------------------------
Chapter 5  Air Pollution Control
Subchapter I  Definitions
  Section 5-101  Definitions.....   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
                                    12/10/72    5/14/73  38 FR 12713.........  (c)(3)......  ...................
                                    11/19/73    3/22/76  41 FR 11819.........  (c)(5)......  ...................
                                    12/16/74    1/21/76  41 FR 3085..........  (c)(4)......  ...................
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  All of 5-101 (1-42)
                                                                                              approved.
                                     8/12/78    4/16/82  47 FR 16331.........  (c)(16).....  Related to wood-
                                                                                              fired boilers.
                                     3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  Related to PSD.
                                     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....  All of 5-101 (1-62)
                                                                                              approved.
                                     11/3/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................
                                     9/17/86    7/17/87  52 FR 26982.........  (c)(19).....  Related to
                                                                                              visibility in
                                                                                              Class I areas. 5-
                                                                                              101(3), (14),
                                                                                              (21), (59), and
                                                                                              (76) approved.
                                      7/9/93     4/9/97  62 FR 17087.........  (c)(22).....  Adds definition of
                                                                                              reasonably
                                                                                              available control
                                                                                              technology (RACT).
                                    10/29/92    4/22/98  63 FR 19828.........  (c)(25).....  Add definitions
                                     7/29/93                                                  associated with
                                                                                              VOC RACT rules.
Subchapter II  Prohibitions
  Section 5-201  Open burning       12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   prohibited.
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
  Section 5-202  Permissible open   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   burning.                          1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
  Section 5-203  Procedures for     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   local authorities to burn         1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
   natural wood.
  Section 5-211  Prohibition of     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   visible air contaminants.         1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  5-211 (1)(2)
                                                                                              approved.
                                     8/12/78    4/16/82  47 FR 16331.........  (c)(16).....  5-211 (3) not
                                                                                              approved.
  Section 5-221  Prohibition of     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   potentially polluting             3/16/75     1/8/82  47 FR 948...........  (c)(14).....  Except 5-221(c) (i)
   materials in fuel.                                                                         and (ii). Includes
                                                                                              Moran Sta. Bubble
                                                                                              Approval.
[[Page 625]]
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  ...................
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
  Section 5-231  Prohibition of     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   particulate matter.              12/10/72    5/14/73  38 FR 12713.........  (c)(3)......
                                    11/19/73    3/22/76  41 FR 11819.........  (c)(5)......  Regarding
                                                                                              incinerators.
                                    12/16/74    1/21/76  41 FR 3085..........  (c)(4)......  Regarding
                                                                                              combustion
                                                                                              contaminants.
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  Regarding
                                                                                              incinerators
                                                                                              asphalt plants.
                                     3/14/77     8/2/78  43 FR 33918.........  (c)(7)......  Regarding wood
                                                                                              processing plants.
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
                                     8/12/78    4/16/82  47 FR 16331.........  (c)(16).....  Except Cersosimo
                                                                                              Lumber, Rutland
                                                                                              Plywood, Moran
                                                                                              Sta.
                                    11/13/81    2/10/82  47 FR 6014..........  (c)(15).....  Repealed 5-231 (4).
                                   .........    8/23/83  48 FR 38235.........  (c)(17).....  Approved for
                                                                                              Cersosimo Lumber.
                                   .........    2/26/85  50 FR 7767..........  (c)(18).....  Approved for
                                                                                              Rutland Plywood.
  Section 5-241  Prohibition of     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   nuisance and odor.               11/19/73    3/22/76  41 FR 11819.........  (c)(5)......
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
  Section 5-251  Control of         12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   nitrogen oxides emissions.        1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
                                     3/25/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
                                     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
                                      7/9/93     4/9/97  62 FR 17087.........  (c)(22).....  Requires RACT for
                                                                                              major stationary
                                                                                              sources of NO<INF>X</INF>.
                                      1/4/95     4/9/97  62 FR 17087.........  (c)(22).....  NO<INF>X</INF> RACT for
                                                                                              Simpson Paper
                                                                                              Company's Gilman
                                                                                              facility.
  Section 5-252  Control of          7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  ...................
   sulfur dioxide emissions.         1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
                                     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-253 Control of            7/9/93     4/9/97  62 FR 17087.........  (c)(22).....  Requires RACT at
   volatile organic compounds.                                                                non-CTG VOC
                                                                                              sources.
                                      1/4/95     4/9/97  62 FR 17087.........  (c)(22).....  Non-CTG VOC RACT
                                                                                              for U.S. Samaica
                                                                                              Corporation's
                                                                                              Rutland facility.
  Section 5-253.1  Petroleum        10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Liquid Storage in Fixed Roof
   Tanks..
  Section 5-253.2  Bulk Gasoline    10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Terminals.
  Section 5-253.3  Bulk Gasoline    10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Plants..
  Section5-253.4  Gasoline Tank     10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Trucks..
  Section 5-253.5  Stage I vapor    10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   recovery controls at gasoline
   dispensing facilities..
  Section 5-253.10  Paper           10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Coating..
  Section 5-253.12  Coating of      10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Flatwood Paneling..
  Section 5-253.13  Coating of       7/29/93    4/22/98  63 Fr 19829.........  (c)(25).....  ...................
   Miscellaneous Metal Parts..
  Section 5-253.14  Solvent Metal    7/29/93    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Cleaning..
  Section 5-253.15  Cutback and       8/2/94    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Emulsified Asphalt..
[[Page 626]]
  Section 5-261  Control of          11/3/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................
   hazardous air contaminants.
Subchapter III  Ambient Air
 Quality Stds
  Section 5-301  Scope...........   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
                                    12/15/90     3/5/91  56 FR 9177..........  (c)(20).....  ...................
  Section 5-302  Sulfur dioxide     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   primary.
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-303  Sulfur dioxide     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   (secondary).                      7/12/76     2/4/77  42 FR 6811..........  (c)(6)......
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
Section 5-304: PM10 Primary            11/90     8/1/97  62 FR 41282.........  (c)(23).....  Removal of the TSP
 Standards.                                                                                   standard and
                                                                                              establishment of
                                                                                              the PM10 standard.
Section 5-305: PM10 Secondary          11/90     8/1/97  62 FR 41282.........  (c)(23).....  Removal of the TSP
 Standards.                                                                                   standard and
                                                                                              establishment of
                                                                                              the PM10 standard.
  Section 5-306  Carbon monoxide    12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   primary/secondary.               11/19/73    3/22/76  41 FR 11819.........  (c)(5)......
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-307  Ozone primary/     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   secondary.                       12/16/74    1/21/76  41 FR 3085..........  (c)(4)......
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-308  Lead (primary/      11/3/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................
   secondary).
  Section 5-309  Nitrogen dioxide   12/15/90     3/5/91  56 FR 9177..........  (c)(20).....  ...................
   primary/secondary.
Subchapter IV  Operations/
 Procedures
  Section 5-401  Classification      3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
   of air contaminant sources.
  Section 5-402  Written reports    12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   when requested.                  12/10/72    5/14/73  38 FR 12713.........  (c)(3)......
                                    11/19/73    3/22/76  41 FR 11819.........  (c)(5)......  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  5-402(1) only.
  Section 5-403  Circumvention...   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
  Section 5-404  Methods for        12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   sampling and testing of           1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
   sources.
                                     3/24/78    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-405  Required air       12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   monitoring.
                                     3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  For PSD Plan.
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  For NSR Plan.
  Section 5-406  Required air        3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  For PSD Plan.
   modeling.
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  For NSR Plan.
Subchapter V  Review of New Air
 Contaminant Sources
  Section 5-501  Review of          12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   construction or modification     12/10/72    5/14/73  38 FR 12713.........  (c)(3)......
   of air contaminant sources.       1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
                                     3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  Except 5-501(3).
                                    11/04/79    2/19/80  45 FR 10775.........  (c)(10).....  Except 5-501(3).
                                    11/03/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................
                                     9/17/86    7/17/87  52 FR 26982.........  (c)(19).....  Related to
                                                                                              visibility in
                                                                                              Class I areas. 5-
                                                                                              501(4) approved.
  Section 5-502  Major stationary    3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  Except 5-502(5).
   sources and major                11/04/79    2/19/80  45 FR 10775.........  (c)(10).....  Except 5-502(5).
   modifications.
                                    11/03/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................
                                     9/17/86    7/17/87  52 FR 26982.........  (c)(19).....  Related to
                                                                                              visibility in
                                                                                              Class I areas. 5-
                                                                                              502 (4)(d) and
                                                                                              (4)(e) approved.
                                     7/14/95     8/4/97  62 FR 41870.........  (c)(24).....  ...................
[[Page 627]]
Subchapter VII  Motor vehicle
 emissions
  Section 5-701  Removal of         12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   control devices.                  3/24/79    2/19/80  45 FR 10775.........  (c)(10).....
  Section 5-702  Excessive smoke    12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   emissions from motor vehicles.    3/24/79    2/19/80  45 FR 10775.........  (c)(10).....
  Section 5-801  Effective date..    3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  ...................
Table 1--Process weight standards   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
Figure 1--Fuel-burning equipment.   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  ...................
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
Table 2--PSD increments..........    3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  ...................
                                    12/15/90     3/5/91  56 FR 9177..........  (c)(20).....  Addition of NO<INF>2</INF>
                                                                                              increments for
                                                                                              Class I, II, and
                                                                                              III areas.
Table 3--Levels of significant       3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
 impact for nonattainment areas.     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....
                                     11/3/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................
Definitions......................    4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
  Section 5-802, Requirement for     4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
   Registration.
  Section 5-803, Registration        4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
   Procedure.
  Section 5-804, False or            4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
   Misleading Information.
  Section 5-805, Commencement or     4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
   Recommencement of Operation.
  Sections 5-806, Transfer of        4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
   Operation.
----------------------------------------------------------------------------------------------------------------
[49 FR 46142, Nov. 23, 1984, as amended at 50 FR 7768, Feb. 26, 1985; 50
FR 23810, June 6, 1985; 52 FR 26982, July 17, 1987; 56 FR 9177, Mar. 5,
1991; 60 FR 2527, Jan. 10, 1995; 62 FR 17087, Apr. 9, 1997; 62 FR 41282,
Aug. 1, 1997; 62 FR 41870, Aug. 4, 1997; 63 FR 19828, Apr. 22, 1998; 63
FR 23501, Apr. 29, 1998]
Sec. 52.2382  Rules and regulations.
    (a) Non-Part D--No Action. EPA is neither approving or disapproving
the following elements of the revisions:
    (1) Permit fees.
    (2) Intergovernmental consultation.
    (3) Stack height requirements.
    (4) Interstate pollution notification requirements.
    (5) Conflict of interest requirements.
    (b) Regulation for visibility monitoring and new source review. The
provisions of Secs. 52.26 and 52.27 are hereby incorporated and made a
part of the applicable plan for the State of Vermont.
[45 FR 10782, Feb. 19, 1980, as amended at 45 FR 59315, Sept. 9, 1980;
46 FR 66789, Oct. 8, 1980; 46 FR 16897, Mar. 16, 1981; 50 FR 28553, July
12, 1985]
Sec. 52.2383  Visibility protection.
    (a) The requirements of section 169A of the Clean Air Act are not
met because the plan does not include approvable procedures meeting the
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in
mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The
provisions of Secs. 52.26 and 52.27 are hereby incorporated and made
part of the applicable plan for the State of Vermont.
[51 FR 5505, Feb. 13, 1986]
Sec. 52.2384  Stack height review.
    The State of Vermont 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. This declaration was submitted to EPA on March
21, 1986. The State has further declared in a letter from Harold T.
Garabedian, dated March 21, 1986, that, ``[T]he State concludes that our
present rule 5-502(4)(d) is adequate to
[[Page 628]]
insure that new emission sources will not be able to use credits from
modeling ambient impacts at greater than `good engineering practice'
stack height or from using `other dispersion techniques.' '' Thus,
Vermont has satisfactorily demonstrated that its regulations meet 40 CFR
51.118 and 51.164.
[52 FR 49407, Dec. 31, 1987]
Sec. 52.2385  Requirements for state implementation plan revisions
          relating to new motor vehicles.
    Vermont must comply with the requirements of Sec. 51.120.
[60 FR 4738, Jan. 24, 1995]
                          Subpart VV--Virginia
Sec. 52.2420  Identification of plan.
    (a) Purpose and scope. This section sets forth the applicable State
implementation plan for Virginia under section 110 of the Clean Air Act,
42 U.S.C. 7410, and 1 CAR 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 March 1, 2000 was approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of the approval, and notice of any
change in the material will be published in the Federal Register.
Entries in paragraphs (c) and (d) of this section with EPA approval
dates after March 1, 2000 will be incorporated by reference in the next
update to the SIP compilation.
    (2) EPA Region 3 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, 2000.
    (3) Copies of the materials incorporated by reference may be
inspected at the Region 3 EPA Office at 1650 Arch Street, Philadelphia,
PA 19103; the Office of the Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC.; or at EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, S.W., Washington,
DC.
    (c) EPA approved regulations.
                                  EPA-Approved Regulations in the Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
   State citation  (9 VAC 5)        Title/subject       effective     EPA approval date     Explanation [Former
                                                          date                                 SIP citation]
----------------------------------------------------------------------------------------------------------------
                                    Chapter 10  General Definitions [Part I]
----------------------------------------------------------------------------------------------------------------
5-10-10.......................  General..............     4/17/95  4/21/00, 65 FR 21320    120-01-01.
5-10-20.......................  Terms Defined--            4/1/96  3/12/97, 62 FR 11334    Sec.  52.2465(c)(113)
                                 Definitions of                                             (i)(B)(1).
                                 Administrator,
                                 Federally
                                 Enforceable,
                                 Implementation Plan,
                                 Potential to Emit,
                                 State Enforceable,
                                 Volatile Organic
                                 Compound.
5-10-20.......................  Terms Defined-Added       4/17/95  4/21/00, 65 FR 21320
                                 Terms-Department,
                                 Virginia Register
                                 Act Revised Terms-
                                 Administrative
                                 Process Act,
                                 Director (replaces
                                 Executive Director),
                                 Virginia Air
                                 Pollution Control
                                 Law.
5-10-20.......................  Terms Defined [all        4/17/95  4/21/00, 65 FR 21320    120-01-02.
                                 other SIP-approved
                                 terms not listed
                                 above].
VR120-01-02...................  Terms Defined-             2/1/85  2/25/93, 58 FR 11373    VA DEQ has submitted
                                 Definitions of                                             revised definitions;
                                 ``Person'' and                                             EPA will review in a
                                 ``Special Order''.                                         separate action.
5-10-30.......................  Abbreviations........      7/1/97  4/21/00, 65 FR 21320    Appendix A.
----------------------------------------------------------------------------------------------------------------
[[Page 629]]
                                         Chapter 20  General Provisions
----------------------------------------------------------------------------------------------------------------
5-20-10A.-C...................  Applicability........     4/17/95  4/21/00, 65 FR 21320    120-02-01.
5-20-30A.-D...................  Enforcement of            4/17/95  4/21/00, 65 FR 21320    120-02-03.
                                 regulations,
                                 permits, and orders.
5-20-60.......................  Local ordinances.....     4/17/95  4/21/00, 65 FR 21320    120-02-06.
5-20-70.......................  Circumvention........     4/17/95  4/21/00, 65 FR 21320    120-02-07.
5-20-80.......................  Relationship of state     4/17/95  4/21/00, 65 FR 21320    120-02-08.
                                 regulations to
                                 federal regulations.
5-20-100......................  Right of entry.......     4/17/95  4/21/00, 65 FR 21320    120-02-10.
5-20-110......................  Conditions on             4/17/95  4/21/00, 65 FR 21320    120-02-11.
                                 approvals.
5-20-121......................  Air Quality Program        7/1/97  4/21/00, 65 FR 21320    Appendix S.
                                 Policies and
                                 Procedures.
5-20-140......................  Considerations for        4/17/95  4/21/00, 65 FR 21320    120-02-14.
                                 Approval Actions.
5-20-150......................  Availability of           4/17/95  4/21/00, 65 FR 21320    120-02-30.
                                 Information.
5-20-160......................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-02-31.
                                                           7/1/97
5-20-170......................  Control Programs.....     4/17/95  4/21/00, 65 FR 21320    120-02-32.
                                                           7/1/97
5-20-180......................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-02-34.
                                 Equipment                 7/1/97
                                 Maintenance or
                                 Malfunction.
5-20-200......................  Air Quality Control        7/1/97  4/21/00, 65 FR 21320    Appendix B.
                                 Regions (AQCR).
5-20-202......................  Metropolitan               7/1/97  4/21/00, 65 FR 21320    Appendix G.
                                 Statistical Areas.
5-20-203......................  Air Quality                7/1/97  4/21/00, 65 FR 21320    Appendix H.
                                 Maintenance Areas
                                 (AQMA).
5-20-204......................  Nonattainment Areas..      7/1/97  4/21/00, 65 FR 21320    Appendix K.
5-20-205......................  Prevention of              2/1/97  3/23/98, 63 FR 13795    Former Appendix L--
                                 Significant                                                Effective 2/1/92.
                                 Deterioration Areas.
5-20-206......................  Volatile Organic           7/1/97  4/21/00, 65 FR 21320    Appendix P.
                                 Compound and
                                 Nitrogen Oxides
                                 Emissions Control
                                 Areas.
VR120-02-02...................  Establishment of           2/1/85  2/25/93, 58 FR 11373    EPA has informed VA
                                 Regulations and                                            that except for the
                                 Orders.                                                    Appeals rule, these
                                                                                            provisions no longer
                                                                                            need to be part of
                                                                                            the SIP. VA has
                                                                                            withdrawn 2/93 and 2/
                                                                                            98 revisions to the
                                                                                            Appeals rule from
                                                                                            SIP review. Last
                                                                                            substantive SIP
                                                                                            change became State-
                                                                                            effective on 8/6/79
                                                                                            [Sec.  52.2465
                                                                                            (c)(55)].
VR120-02-04...................  Hearings and               2/1/85  2/25/93, 58 FR 11373
                                 Proceedings.
VR120-02-05A..................  Variances--General...      2/1/85  2/25/93, 58 FR 11373
VR120-02-09...................  Appeals..............      2/1/85  2/25/93, 58 FR 11373
VR120-02-12...................  Procedural                 2/1/85  2/25/93, 58 FR 11373
                                 information and
                                 guidance.
Appendix E....................  Public Participation       2/1/85  2/25/93, 58 FR 11373
                                 Guidelines.
Appendix F....................  Delegation of              2/1/85  2/25/93, 58 FR 11373
                                 Authority.
VR120-02-14B..................  Considerations for         2/1/85  2/25/93, 58 FR 11373    Codified at
                                 Approval Actions.                                          52.2465(c)(74) VA
                                                                                            has formally
                                                                                            requested that this
                                                                                            provision be removed
                                                                                            from the SIP. EPA
                                                                                            will review in a
                                                                                            separate action.
----------------------------------------------------------------------------------------------------------------
                              Chapter 30  Ambient Air Quality Standards [Part III]
----------------------------------------------------------------------------------------------------------------
5-30-10.......................  General..............     4/17/95  4/21/00, 65 FR 21320    120-03-01.
5-30-20.......................  Particulate Matter        4/17/95  4/21/00, 65 FR 21320    120-03-02.
                                 (TSP).
[[Page 630]]
5-30-30.......................  Sulfur Oxides (Sulfur     4/17/95  4/21/00, 65 FR 21320    120-03-03.
                                 Dioxide).
5-30-40.......................  Carbon Monoxide......     4/17/95  4/21/00, 65 FR 21320    120-03-04.
5-30-50.......................  Ozone................     4/17/95  4/21/00, 65 FR 21320    120-03-05.
5-30-60.......................  Particulate Matter        4/17/95  4/21/00, 65 FR 21320    120-03-06.
                                 (PM<INF>10</INF>).
5-30-70.......................  Nitrogen Dioxide.....     4/17/95  4/21/00, 65 FR 21320    120-03-07.
5-30-80.......................  Lead.................     4/17/95  4/21/00, 65 FR 21320    120-03-08.
----------------------------------------------------------------------------------------------------------------
                                Chapter 40  Existing Stationary Sources [Part IV]
                                           Part I  Special Provisions
----------------------------------------------------------------------------------------------------------------
5-40-10.......................  Applicability........     4/17/95  4/21/00, 65 FR 21320    120-04-01.
5-40-20.......................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-02.
5-40-21.......................  Compliance Schedules.      7/1/97  4/21/00, 65 FR 21320    Appendix N.
5-40-22.......................  Interpretation of          7/1/97  4/21/00, 65 FR 21320    Appendix Q.
                                 Emissions Standards
                                 Based on Process
                                 Weight-Rate Tables.
5-40-30.......................  Emission Testing.....     4/17/95  4/21/00, 65 FR 21320    120-04-03.
5-40-40.......................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-04.
5-40-41.......................  Emission Monitoring        7/1/97  4/21/00, 65 FR 21320    Appendix J.
                                 Procedures for
                                 Existing Sources.
5-40-50.......................  Notification, Records      7/1/97  4/21/00, 65 FR 21320    120-04-05.
                                 and Reporting.
----------------------------------------------------------------------------------------------------------------
                                           Part II  Emission Standards
                       Article 1  Visible Emissions and Fugitive Dust/Emissions [Rule 4-1]
----------------------------------------------------------------------------------------------------------------
5-40-60.......................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-0101.
                                 Designation of
                                 Affected Facility.
5-40-70.......................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-0102.
5-40-80.......................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-0103.
                                 Emissions.
5-40-90.......................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-0104.
                                 Dust/Emissions.
5-40-100......................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-0105.
5-40-110......................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-0106.
                                 Procedures.
5-40-120......................  Waivers..............     4/17/95  4/21/00, 65 FR 21320    120-04-0107.
----------------------------------------------------------------------------------------------------------------
                                Article 4  General Process Operations [Rule 4-4]
----------------------------------------------------------------------------------------------------------------
5-40-240......................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-0401.
                                 Designation of
                                 Affected Facility.
5-40-250......................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-0402.
5-40-260......................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-0403.
                                 Particulate
                                 Matter(AQCR 1-6).
5-40-270......................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-0404.
                                 Particulate Matter
                                 (AQCR 7).
5-40-280......................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21320    120-04-0405.
                                 Dioxide.
5-40-300......................  Standard for Volatile      4/1/96  3/12/97, 62 FR 11332
                                 Organic Compounds.
5-40-310A.-E..................  Standard for Nitrogen      1/1/93  4/28/99, 64 FR 22792    120-04-0408.
                                 Dioxide.
5-40-311......................  Reasonably available       7/1/97  4/28/99, 64 FR 22792    52.2420(c)(132);
                                 control technology                                         Exceptions:
                                 guidelines for                                             311C.3.a, C.3.c, D.
                                 stationary sources
                                 of nitrogen dioxide.
5-40-320......................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-0409.
                                 Emissions.
5-40-330......................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-0410.
                                 Dust/Emissions.
5-40-360......................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-0413
5-40-370......................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-0414.
                                 Procedures.
5-40-380......................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-0415.
[[Page 631]]
5-40-390......................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-0416.
                                 and Reporting.
5-40-400......................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-0417.
5-40-410......................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-0418.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-420......................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-0419.
----------------------------------------------------------------------------------------------------------------
               Article 5  Synthesized Pharmaceutical Products Manufacturing Operations [Rule 4-5]
----------------------------------------------------------------------------------------------------------------
5-40-430......................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-0501.
                                 Designation of
                                 Affected Facility.
5-40-440......................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-0502.
4-40-450......................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-0503.
                                 Organic Compounds.
5-40-460......................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-0504.
                                 Guidelines.
5-40-470......................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-0505.
                                 Emissions.
5-40-480......................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-0506.
                                 Dust/Emissions.
5-40-510......................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-0509.
5-40-520......................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-0510.
                                 Procedures.
5-40-530......................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-0511.
5-40-540......................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-0512.
                                 and Reporting.
5-40-550......................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-0513
5-40-560......................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-0514.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-570......................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-0515.
----------------------------------------------------------------------------------------------------------------
                           Article 6  Rubber Tire Manufacturing Operations [Rule 4-6]
----------------------------------------------------------------------------------------------------------------
5-40-580......................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-0601.
                                 Designation of
                                 Affected Facility.
5-40-590......................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-0602.
5-40-600......................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-0603.
                                 Organic Compounds.
5-40-610......................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-0604.
                                 Guidelines.
5-40-620......................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-0605.
                                 Emissions.
5-40-630......................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-0606.
                                 Dust/Emissions.
5-40-660......................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-0609.
5-40-670......................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-0610.
                                 Procedures.
5-40-680......................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-0611.
5-40-690......................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-0612.
                                 and Reporting.
5-40-700......................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-0613.
5-40-710......................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-614.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-720......................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-0613.
----------------------------------------------------------------------------------------------------------------
                                       Article 7  Incinerators [Rule 4-7]
----------------------------------------------------------------------------------------------------------------
5-40-730......................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-0701.
                                 Designation of
                                 Affected Facility.
5-40-740......................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-0702.
5-40-750......................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-0703.
                                 Particulate Matter.
5-40-760......................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-0704.
                                 Emissions.
5-40-770......................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-0705.
                                 Dust/Emissions.
5-40-800......................  Prohibition of Flue-      4/17/95  4/21/00, 65 FR 21320    120-04-0708.
                                 Fed Incinerators.
[[Page 632]]
5-40-810......................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-0709.
5-40-820......................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-0710.
                                 Procedures.
5-40-830......................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-0711.
5-40-840......................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-0712.
                                 and Reporting.
5-40-850......................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-0713.
5-40-860......................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-0714.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-870......................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-0715.
----------------------------------------------------------------------------------------------------------------
                                  Article 8  Fuel Burning Equipment [Rule 4-8]
----------------------------------------------------------------------------------------------------------------
5-40-880......................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-0801.
                                 Designation of
                                 Affected Facility.
5-40-890......................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-0802.
5-40-900......................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-0803.
                                 Particulate Matter.
5-40-910......................  Emission Allocation       4/17/95  4/21/00, 65 FR 21320    120-04-0804.
                                 System.
5-40-920......................  Determination of          4/17/95  4/21/00, 65 FR 21320    120-04-0805.
                                 Collection Equipment
                                 Efficiency Factor.
5-40-930......................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21320    120-04-0806.
                                 Dioxide.
5-40-940......................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-0807.
                                 Emissions.
5-40-950......................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-0808.
                                 Dust/Emissions.
5-40-980......................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-0811.
5-40-990......................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-0812.
                                 Procedures.
5-40-1000.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-0813.
5-40-1010.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-0814.
                                 and Reporting.
5-40-1020.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-0815.
5-40-1030.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-0816.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-1040.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-0817.
----------------------------------------------------------------------------------------------------------------
                                        Article 9  Coke Ovens [Rule 4-9]
----------------------------------------------------------------------------------------------------------------
5-40-1050.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-0901.
                                 Designation of
                                 Affected Facility.
5-40-1060.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-0902.
5-40-1070.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-0903.
                                 Particulate Matter.
5-40-1080.....................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21320    120-04-0904.
                                 Dioxide.
5-40-1090.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-0905.
                                 Emissions.
5-40-1100.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-0906.
                                 Dust/Emissions.
5-40-1130.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-0909.
5-40-1140.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-0910.
                                 Procedures.
5-40-1150.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-0911.
5-40-1160.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-0912.
                                 and Reporting.
5-40-1170.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-0913.
5-40-1180.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-0914.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-1190.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-0915.
----------------------------------------------------------------------------------------------------------------
                                 Article 10  Asphalt Concrete Plants [Rule 4-10]
----------------------------------------------------------------------------------------------------------------
5-40-1200.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-1001.
                                 Designation of
                                 Affected Family.
[[Page 633]]
5-40-1210.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-1002.
5-40-1220.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-1003.
                                 Particulate Matter.
5-40-1230.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-1004.
                                 Emissions.
5-40-1240.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-1005.
                                 Dust/Emissions.
5-40-1270.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-1008.
5-40-1280.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-1009.
                                 Procedures.
5-40-1290.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-1010.
5-40-1300.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-1011.
                                 and Reporting.
5-40-1310.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-1012.
5-40-1320.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-1013.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-1330.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-1014.
----------------------------------------------------------------------------------------------------------------
                              Article 11  Petroleum Refinery Operations [Rule 4-11]
----------------------------------------------------------------------------------------------------------------
5-40-1340.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-1101.
                                 Designation of
                                 Affected Facility.
5-40-1350.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-1102.
5-40-1360.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-1103.
                                 Particulate Matter.
5-40-1370.....................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21320    120-04-1104.
                                 Dioxide.
5-40-1390.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-1106.
                                 Organic Compounds.
5-40-1400.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-1107.
                                 Guidelines.
5-40-1410.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-1108.
                                 Emissions.
5-40-1420.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-1109.
                                 Dust/Emissions.
5-40-1450.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-1112.
5-40-1460.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-1113.
                                 Procedures.
5-40-1470.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-1114.
5-40-1480.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-1115.
                                 and Reporting.
5-40-1490.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-1116.
5-40-1500.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-1117.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-1510.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-1118.
----------------------------------------------------------------------------------------------------------------
                      Article 12  Chemical Fertilizer Manufacturing Operations [Rule 4-12]
----------------------------------------------------------------------------------------------------------------
5-40-1520.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-1201.
                                 Designation of
                                 Affected Facility.
5-40-1530.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-1202.
5-40-1540.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-1203.
                                 Particulate Matter.
5-40-1550.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-1204.
                                 Emissions.
5-40-1560.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-1205.
                                 Dust/Emissions.
5-40-1590.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-1208.
5-40-1600.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-1209.
                                 Procedures.
5-40-1610.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-1210.
5-40-1620.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-1211.
                                 and Reporting.
5-40-1630.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-1212.
5-40-1640.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-1213.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-1650.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-1214.
----------------------------------------------------------------------------------------------------------------
[[Page 634]]
                                    Article 13  Kraft Pulp Mills [Rule 4-13]
----------------------------------------------------------------------------------------------------------------
5-40-1660.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-1301.
                                 Designation of
                                 Affected Facility.
5-40-1670.....................  Definitions of cross      4/17/95  4/21/00, 65 FR 21320    120-04-1302.
                                 recovery furnance,                                         Remaining
                                 kraft pulp mill,                                           definitions are
                                 lime kiln, recovery                                        federally
                                 furnace, smelt                                             enforceable as part
                                 dissolving tank.                                           of the Section
                                                                                            111(d) plan for
                                                                                            kraft pulp mills
                                                                                            (see, Sec.
                                                                                            62.11610).
5-40-1680.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-1303.
                                 Particulate Matter.
5-40-1700.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-1305.
                                 Guidelines.
5-40-1710.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-1306.
                                 Emissions.
5-40-1720.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-1307.
                                 Dust/Emissions.
5-40-1750A....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-1310A. Note:
                                                                                            Sections 5-40-1750B.
                                                                                            through D. are
                                                                                            Register enforceable
                                                                                            as part of the
                                                                                            Section 111(d) plan
                                                                                            for kraft pulp mills
                                                                                            (see, Sec.
                                                                                            62.11610).
5-40-1760.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-1311.
                                 Procedures.
5-40-1770A....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-1312A. Note:
                                                                                            Sections 5-40-1770B.
                                                                                            and C. are federally
                                                                                            enforceable as part
                                                                                            of the Section
                                                                                            111(d) plan for
                                                                                            kraft pulp mills
                                                                                            (see, Sec.
                                                                                            62.11610).
5-40-1780A....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-1313A. Note:
                                 and Reporting.                                             Sections 5-40-1780B.
                                                                                            through D. are
                                                                                            federally
                                                                                            enforceable as part
                                                                                            of the Section
                                                                                            111(d) plan for
                                                                                            kraft pulp mills
                                                                                            (see, Sec.
                                                                                            62.11610).
5-40-1790.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-1314.
5-40-1800.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-1315.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-1810.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-1316.
----------------------------------------------------------------------------------------------------------------
     Article 14  Sand Gravel Processing Operations and Stone Quarrying and Processing Operations [Rule 4-14]
----------------------------------------------------------------------------------------------------------------
5-40-1820.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-1401.
                                 Designation of
                                 Affected Facility.
5-40-1830.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-1402.
5-40-1840.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-1403.
                                 Particulate Matter.
5-40-1850.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-1404.
                                 Emissions.
5-40-1860.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-1405.
                                 Dust/Emissions.
5-40-1890.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-1408.
5-40-1900.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-1409.
                                 Procedures.
5-40-1910.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-1410.
5-40-1920.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-1411.
                                 and Reporting.
5-40-1930.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-1412.
5-40-1940.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-1413.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-1950.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-1414.
----------------------------------------------------------------------------------------------------------------
[[Page 635]]
                                 Article 15  Coal Preparation Plants [Rule 4-15]
----------------------------------------------------------------------------------------------------------------
5-40-1960.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-1501.
                                 Designation of
                                 Affected Facility.
5-40-1970.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-1502.
5-40-1980.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-1503.
                                 Particulate Matter.
5-40-1990.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-1504.
                                 Emissions.
5-40-2000.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-1505.
                                 Dust/Emissions.
5-40-2030.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-1508.
5-40-2040.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-1509.
                                 Procedures.
5-40-2050.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-1510.
5-40-2060.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-1511.
                                 and Reporting.
5-40-2070.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-1512.
5-40-2080.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-1513.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-2090.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-1514.
----------------------------------------------------------------------------------------------------------------
                                 Article 16  Portland Cement Plants [Rule 4-16]
----------------------------------------------------------------------------------------------------------------
5-40-2100.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-1601.
                                 Designation of
                                 Affected Facility.
5-40-2110.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-1602.
5-40-2120.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-1603.
                                 Particulate Matter.
5-40-2130.....................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21320    120-04-1604.
                                 Dioxide.
5-40-2140.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-1605.
                                 emissions.
5-40-2150.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-1606.
                                 Dust/Emissions.
5-40-2180.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-1609.
5-40-2190.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-1610.
                                 Procedures.
5-40-2200.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-1611.
5-40-2210.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-1612.
                                 and Reporting.
5-40-2220.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-1613.
5-40-2230.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-1614.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-2240.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-1615.
----------------------------------------------------------------------------------------------------------------
                                 Article 17  Woodworking Operations [Rule 4-17]
----------------------------------------------------------------------------------------------------------------
5-40-2250.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-1701.
                                 Designation of
                                 Affected Facility.
5-40-2260.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-1702.
5-40-2270.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-1703
                                 Particulate Matter.
5-40-2280.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-1704.
                                 Emissions.
5-40-2290.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-1705.
                                 Dust/Emissions.
5-40-2320.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-1708.
5-40-2330.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-4-1709.
                                 Procedures.
5-40-2340.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-1710.
5-40-2350.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-1711.
                                 and Reporting.
5-40-2360.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-1712.
5-40-2370.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-1713.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-2380.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-1714.
----------------------------------------------------------------------------------------------------------------
[[Page 636]]
                         Article 18  Primary and Secondary Metal Operations [Rule 4-18]
----------------------------------------------------------------------------------------------------------------
5-40-2390.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-1801.
                                 Designation of
                                 Affected Facility.
5-40-2400.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-1802.
5-40-2410.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-1803.
                                 Particulate Matter.
5-40-2420.....................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21320    120-04-1804.
                                 Oxides.
5-40-2430.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-1805.
                                 Emissions.
5-40-2440.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-1806.
                                 Dust/Emissions.
5-40-2470.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-1809.
5-40-2480.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-1810.
                                 Procedures.
5-40-2490.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-1811.
5-40-2500.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-1812.
                                 and Reporting.
5-40-2510.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-1813.
5-40-2520.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-1814.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-2530.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-1815.
----------------------------------------------------------------------------------------------------------------
                        Article 19  Lightweight Aggregate Process Operations [Rule 4-19]
----------------------------------------------------------------------------------------------------------------
5-40-2540.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-1901.
                                 Designation of
                                 Affected Facility.
5-40-2541.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-1902.
5-40-2542.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-1903.
                                 Particulate Matter.
5-40-2543.....................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21320    120-04-1904.
                                 Oxides.
5-40-2544.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-1905.
                                 Emissions.
5-40-2590.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-1906.
                                 Dust/Emissions.
5-40-2620.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-1909.
5-40-2630.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-1910.
                                 Procedures.
5-40-2640.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-1911.
5-40-2650.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-1912.
                                 and Reporting.
5-40-2660.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-1913.
5-40-2670.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-1914.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-2680.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-1915.
----------------------------------------------------------------------------------------------------------------
                              Article 20  Feed Manufacturing Operations [Rule 4-20]
----------------------------------------------------------------------------------------------------------------
5-40-2690.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-2001.
                                 Designation of
                                 Affected Facility.
5-40-2700.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-2002.
5-40-2710.....................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-04-2003.
                                 Particulate Matter.
5-40-2720.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-2004.
                                 Emissions.
5-40-2730.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-2005.
                                 Dust/Emissions.
5-40-2760.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-2008.
5-40-2770.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-2009.
                                 Procedures.
5-40-2780.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-2010.
5-40-2790.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-2011.
                                 and Reporting.
5-40-2800.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-2012.
5-40-2810.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-2013.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-2820.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-2014.
----------------------------------------------------------------------------------------------------------------
[[Page 637]]
                             Article 21  Sulfuric Acid Production Plants [Rule 4-21]
----------------------------------------------------------------------------------------------------------------
5-40-2830.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-2101.
                                 Designation of
                                 Affected Facility.
5-40-2840.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-2102.
5-40-2850.....................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21320    120-04-2103.
                                 Dioxide.
5-40-2870.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-2105.
                                 Emissions.
5-40-2880.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-2106.
                                 Dust/Emissions.
5-40-2910.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-2109.
5-40-2920.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-2110.
                                 Procedures.
5-40-2930.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-2111.
5-40-2940.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-2112.
                                 and Reporting.
5-40-2950.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-2113.
5-40-2960.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-2114.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-2970.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-2115.
----------------------------------------------------------------------------------------------------------------
                               Article 22  Sulfur Recovery Operations [Rule 4-22]
----------------------------------------------------------------------------------------------------------------
5-40-2980.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-2201.
                                 Designation of
                                 Affected Facility.
5-40-2990.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-2202.
5-40-3000.....................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21320    120-04-2203.
                                 Dioxide.
5-40-3010.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-2204.
                                 Emissions.
5-40-3020.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-2205.
                                 Dust/Emissions.
5-40-3050.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-2208.
5-40-3060.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-2209.
                                 Procedures.
5-40-3070.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-2210.
5-40-3080.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-2211.
                                 and Reporting.
5-40-3090.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-2212.
5-40-3100.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-2213.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-3110.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-2214.
----------------------------------------------------------------------------------------------------------------
                              Article 23  Nitric Acid Production Units [Rule 4-23]
----------------------------------------------------------------------------------------------------------------
5-40-3120.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-2301.
                                 Designation of
                                 Affected Facility.
5-40-3130.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-2302.
5-40-3140.....................  Standard for Nitrogen     4/17/95  4/21/00, 65 FR 21320    120-04-2303.
                                 Oxides.
5-40-3150.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-2304.
                                 Emissions.
5-40-3160.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-2305.
                                 Dust/Emissions.
5-40-3190.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-2308.
5-40-3200.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-2309.
                                 Procedures.
5-40-3210.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-2310.
5-40-3220.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-2311.
                                 and Reporting.
5-40-3230.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-2312.
5-40-3240.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-2313.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-3250.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-2314.
----------------------------------------------------------------------------------------------------------------
[[Page 638]]
                            Article 24  Solvent Metal Cleaning Operations [Rule 4-24]
----------------------------------------------------------------------------------------------------------------
5-40-3260.....................  Applicability and          4/1/97  11/3/99, 64 FR 59635
                                 Designation of
                                 Affected Facility.
5-40-3270.....................  Definitions..........      4/1/97  11/3/99, 64 FR 59635
5-40-3280.....................  Standard for Volatile      4/1/97  11/3/99, 64 FR 59635
                                 Organic Compounds.
5-40-3290.....................  Control Technology         4/1/97  11/3/99, 64 FR 59635
                                 Guidelines.
5-40-3300.....................  Standard for Visible       4/1/97  11/3/99, 64 FR 59635
                                 Emissions.
5-40-3310.....................  Standard for Fugitive      4/1/97  11/3/99, 64 FR 59635
                                 Dust/Emissions.
5-40-3340.....................  Compliance...........      4/1/97  11/3/99, 64 FR 59635
5-40-3350.....................  Test Methods and           4/1/97  11/3/99, 64 FR 59635
                                 Procedures.
5-40-3360.....................  Monitoring...........      4/1/97  11/3/99, 64 FR 59635
5-40-3370.....................  Notification, Records      4/1/97  11/3/99, 64 FR 59635
                                 and Reporting.
5-40-3380.....................  Registration.........      4/1/97  11/3/99, 64 FR 59635
5-40-3390.....................  Facility and Control       4/1/97  11/3/99, 64 FR 59635
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-3400.....................  Permits..............      4/1/97  11/3/99, 64 FR 59635
----------------------------------------------------------------------------------------------------------------
                Article 25  Volatile Organic Compound Storage and Transfer Operations [Rule 4-25]
----------------------------------------------------------------------------------------------------------------
5-40-3410.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-2501.
                                 Designation of
                                 Affected Facility.
5-40-3420.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-2502.
5-40-3430.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-2503.
                                 Organic Compounds.
5-40-3440.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-2504.
                                 Guidelines.
5-40-3450.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-2505.
                                 Emissions.
5-40-3460.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-2506.
                                 Dust/Emissions.
5-40-3490.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-2509.
5-40-3500.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-2510.
                                 Procedures.
5-40-3510.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-2511.
5-40-3520.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-2512.
                                 and Reporting.
5-40-3530.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-2513.
5-40-3540.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-2514.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-3550.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-2515.
----------------------------------------------------------------------------------------------------------------
                            Article 26  Large Coating Application Systems [Rule 4-26]
----------------------------------------------------------------------------------------------------------------
5-40-3560.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-2601.
                                 Desgination of
                                 Affected Facility.
5-40-3570.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-2602.
5-40-3580.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-2603.
                                 Organic Compounds.
5-40-3590.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-2604.
                                 Guidelines.
5-40-3600.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-2605.
                                 Emissions.
5-40-3610.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-2606.
                                 Dust/Emissions.
5-40-3640.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-2609.
5-40-3650.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-2610.
                                 Procedures.
5-40-3660.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-2611.
5-40-3670.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-2612.
                                 and Reporting.
5-40-3680.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-2613.
[[Page 639]]
5-40-3690.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-2614.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-3700.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-2615.
----------------------------------------------------------------------------------------------------------------
                         Article 27  Magnet Wire Coating Application Systems [Rule 4-27]
----------------------------------------------------------------------------------------------------------------
5-40-3710.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-2701.
                                 Designation of
                                 Affected Facility.
5-40-3720.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-2702.
5-40-3730.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-2703.
                                 Organic Compounds.
5-40-3740.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-2704.
                                 Guidelines.
5-40-3750.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-2705.
                                 Emissions.
5-40-3760.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-2706.
                                 Dust/Emissions.
5-40-3790.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-2709.
5-40-3800.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-2710.
                                 Procedures.
5-40-3810.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-2711.
5-40-3820.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-2712.
                                 and Reporting.
5-40-3830.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-2713.
5-40-3840.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-2714.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-3850.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-2715.
----------------------------------------------------------------------------------------------------------------
               Article 28  Automobile and Light Duty Truck Coating Application Systems [Rule 4-28]
----------------------------------------------------------------------------------------------------------------
5-40-3860.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-2801.
                                 Designation of
                                 Affected Facility.
5-40-3870.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-2802.
5-40-3880.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-2803.
                                 Organic Compounds.
5-40-3890.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-2804.
                                 Guidelines.
5-40-3900.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-2805.
                                 Emissions.
5-40-3910.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-2806.
                                 Dust/Emissions.
5-40-3940.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-2809.
5-40-3950.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-2810.
                                 Procedures.
5-40-3960.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-2811.
5-40-3970.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-2812.
                                 and Reporting.
5-40-3980.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-2813.
5-40-3990.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-2814.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-4000.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-2815.
----------------------------------------------------------------------------------------------------------------
                             Article 29  Can Coating Application Systems [Rule 4-29]
----------------------------------------------------------------------------------------------------------------
5-40-4010.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-2901.
                                 Designation of
                                 Affected Facility.
5-40-4020.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-2902.
5-40-4030.....................  Standards for             4/17/95  4/21/00, 65 FR 21320    120-04-2903.
                                 Volatile Organic
                                 Compounds.
5-40-4040.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-2904.
                                 Guidelines.
5-40-4050.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-2905.
                                 Emissions.
5-40-4060.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-2906.
                                 Dust/Emissions.
5-40-4090.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-2909.
5-40-4100.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-2910.
                                 Procedures.
[[Page 640]]
5-40-4110.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-2911.
5-40-4120.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-2912.
                                 and Reporting.
5-40-4130.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-2913.
5-40-4140.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-2914.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
----------------------------------------------------------------------------------------------------------------
5-40-4150.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-2915.
----------------------------------------------------------------------------------------------------------------
                         Article 30  Metal Coil Coating Application Systems [Rule 4-30]
----------------------------------------------------------------------------------------------------------------
5-40-4160.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-3001.
                                 Designation of
                                 Affected Facility.
5-40-4170.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-3002.
5-40-4180.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-3003.
                                 Organic Compounds.
5-40-4190.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-3004.
                                 Guidelines.
5-40-4200.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-3005.
                                 Emissions.
5-40-4210.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-3006.
                                 Dust/Emissions.
5-40-4240.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-3009.
5-40-4250.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-3010.
                                 Procedures.
5-40-4260.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-3011.
5-40-4270.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-3012.
                                 and Reporting.
5-40-4280.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-3013.
5-40-4290.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-3014.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-4300.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-3015.
----------------------------------------------------------------------------------------------------------------
                      Article 31  Paper and Fabric Coating Application Systems [Rule 4-31]
----------------------------------------------------------------------------------------------------------------
5-40-4310.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-3101.
                                 Designation of
                                 Affected Facility.
5-40-4320.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-3102.
5-40-4330.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-3103.
                                 Organic Compounds.
5-40-4340.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-3104.
                                 Guidelines.
5-40-4350.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-3105.
                                 Emissions.
5-40-4360.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-3106.
                                 Dust/Emissions.
5-40-4390.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-3109.
5-40-4400.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-3110.
                                 Procedures.
5-40-4410.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-3111.
5-40-4420.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-3112.
                                 and Reporting.
5-40-4430.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-3113.
5-40-4440.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-3114.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-4450.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-3115.
----------------------------------------------------------------------------------------------------------------
                            Article 32  Vinyl Coating Application Systems [Rule 4-32]
----------------------------------------------------------------------------------------------------------------
5-40-4460.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-3201.
                                 Designation of
                                 Affected Facility.
5-40-4470.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-3202.
5-40-4480.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-3203.
                                 Organic Compounds.
5-40-4490.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-3204.
                                 Guidelines.
5-40-4500.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-3205.
                                 Emissions.
[[Page 641]]
5-40-4510.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-3206.
                                 Dust/Emissions.
5-40-4540.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-3209.
5-40-4550.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-3210.
                                 Procedures.
5-40-4560.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-3211.
5-40-4570.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-3212.
                                 and Reporting.
5-40-4580.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-3213.
5-40-4590.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-3214.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-4600.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-3215.
----------------------------------------------------------------------------------------------------------------
                       Article 33  Metal Furniture Coating Application Systems [Rule 4-33]
----------------------------------------------------------------------------------------------------------------
5-40-4610.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-3301.
                                 Designation of
                                 Affected Facility.
5-40-4620.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-3302
5-40-4630.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-3303.
                                 Organic Compounds.
5-40-4640.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-3304.
                                 Guidelines.
5-40-4650.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-3305.
                                 Emissions.
5-40-4660.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-3306.
                                 Dust/Emissions.
5-40-4690.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-3309.
5-40-4700.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-3310.
                                 Procedures.
5-40-4710.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-3311.
5-40-4720.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-3312.
                                 and Reporting.
5-40-4730.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-3313.
5-40-4740.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-3314.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-4750.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-3315.
----------------------------------------------------------------------------------------------------------------
           Article 34  Miscellaneous Metal Parts and Products Coating Application Systems [Rule 4-34]
----------------------------------------------------------------------------------------------------------------
5-40-4760.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-3401.
                                 Designation of
                                 Affected Facility.
5-40-4770.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-3402.
5-40-4780.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-3403.
                                 Organic Compounds.
5-40-4790.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-3404.
                                 Guidelines.
5-40-4800.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-3405.
                                 Emissions.
5-40-4810.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-3406.
                                 Dust/Emissions.
5-40-4840.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-3409.
5-40-4850.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-3410.
                                 Procedures.
5-40-4860.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-3411.
5-40-4870.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-3412.
                                 and Reporting.
5-40-4880.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-3413.
5-40-4890.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-3414.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-4900.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-3415.
----------------------------------------------------------------------------------------------------------------
                      Article 35  Flatwood Paneling Coating Application Systems [Rule 4-35]
----------------------------------------------------------------------------------------------------------------
5-40-4910.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-3501.
                                 Designation of
                                 Affected Facility.
5-40-4920.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-3502.
5-40-4930.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-3503.
                                 Organic Compounds.
[[Page 642]]
5-40-4940.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-3504.
                                 Guidelines.
5-40-4950.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-3505.
                                 Emissions.
5-40-4960.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-3506.
                                 Dust/Emissions.
5-40-4990.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-3509.
5-40-5000.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-3510.
                                 Procedures.
5-40-5010.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-3511.
5-40-5020.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-3512.
                                 and Reporting.
5-40-5030.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-3513.
5-40-5040.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-3514.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-5050.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-3515.
----------------------------------------------------------------------------------------------------------------
                              Article 36  Graphic Arts Printing Process [Rule 4-36]
----------------------------------------------------------------------------------------------------------------
5-40-5060.....................  Applicability and          4/1/96  3/12/97, 62 FR 11334    Sec.  52.2465(c)(113)
                                 Designation of                                             (i)(B)(4)
                                 Affected Facility.
5-40-5070.....................  Definitions..........      4/1/96  3/12/97, 62 FR 11334    .....................
5-40-5080.....................  Standard for Volatile      4/1/96  3/12/97, 62 FR 11334    .....................
                                 Organic Compounds.
5-40-5090.....................  Standard for Visible       4/1/96  3/12/97, 62 FR 11334    .....................
                                 Emissions.
5-40-5100.....................  Standard for Fugitive      4/1/96  3/12/97, 62 FR 11334    .....................
                                 Dust/Emissions.
5-40-5130.....................  Compliance...........      4/1/96  3/12/97, 62 FR 11334    .....................
5-40-5140.....................  Test Methods and           4/1/96  3/12/97, 62 FR 11334
                                 Procedure.
5-40-5150.....................  Monitoring...........      4/1/96  3/12/97, 62 FR 11334
5-40-5160.....................  Notification, Records      4/1/96  3/12/97, 62 FR 11334
                                 and Reporting.
5-40-5170.....................  Registration.........      4/1/96  3/12/97, 62 FR 11334
5-40-5180.....................  Facility and Control       4/1/96  3/12/97, 62 FR 11334
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-5190.....................  Permits..............      4/1/96  3/12/97, 62 FR 11334
----------------------------------------------------------------------------------------------------------------
                    Article 37  Petroleum Liquid Storage and Transfer Operations [Rule 4-37]
----------------------------------------------------------------------------------------------------------------
5-40-5200.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-3701.
                                 Designation of
                                 Affected Facility.
5-40-5210.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-3702.
5-40-5220.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-3703.
                                 Organic Compounds.
5-40-5230.....................  Control Technology        4/17/95  4/21/00, 65 FR 21320    120-04-3704.
                                 Guidelines.
5-40-5240.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-3705.
                                 Emissions.
5-40-5250.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-3706.
                                 Dust/Emissions.
5-40-5280.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-3709.
5-40-5290.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-3710.
                                 Procedures.
5-40-5300.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-3711.
5-40-5310.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-3712.
                                 and Reporting.
5-40-5320.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-3713.
5-40-5330.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-3714.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-5340.....................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-04-3715.
----------------------------------------------------------------------------------------------------------------
                                  Article 38  Dry Cleaning Systems [Rule 4-38]
----------------------------------------------------------------------------------------------------------------
5-40-5350.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-3801.
                                 Designation of
                                 Affected Facility.
5-40-5360.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-3802.
[[Page 643]]
5-40-5370.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-3803.
                                 Organic Compounds.
5-40-5380.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-3804.
                                 Emissions.
5-40-5490.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-3805.
                                 Dust/Emissions.
5-40-5420.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-3808.
5-40-5430.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-3809.
                                 Procedures.
5-40-5440.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-3810.
5-40-5450.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-3811.
                                 and Reporting.
5-40-5460.....................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-04-3812.
5-40-5470.....................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-04-3813.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-40-5480.....................  Permits..............     4/17/95  7/5/00, 65 FR 41525     120-04-3814.
----------------------------------------------------------------------------------------------------------------
                                Article 39  Asphalt Paving Operations [Rule 4-39]
----------------------------------------------------------------------------------------------------------------
5-40-5490.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-3901.
                                 Designation of
                                 Affected Facility.
5-40-5500.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-3902.
5-40-5510.....................  Standard for Volatile     4/17/95  4/21/00, 65 FR 21320    120-04-3903.
                                 Organic Compounds.
5-40-5520.....................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-04-3904.
                                 Emissions.
5-40-5530.....................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-04-3905.
                                 Dust/Emissions.
5-40-5560.....................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-04-3908.
5-40-5570.....................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-04-3909.
                                 Procedures.
5-40-5580.....................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-04-3910.
5-40-5590.....................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-04-3911.
                                 and Reporting.
----------------------------------------------------------------------------------------------------------------
                                      Article 40  Open Burning [Rule 4-40]
----------------------------------------------------------------------------------------------------------------
5-40-5600.....................  Applicability........      4/1/96  3/12/97, 62 FR 11332    Provisions of Article
                                                                                            40 are applicable
                                                                                            only in Northern Va
                                                                                            and Richmond
                                                                                            Emissions Control
                                                                                            Areas as defined in
                                                                                            9 VAC 5-20-206.
5-40-5610.....................  Definitions of             4/1/96  3/12/97, 62 FR 11332
                                 ``refuse'',
                                 ``household
                                 refuse'', ``clean
                                 burning waste'',
                                 ``landfill'',
                                 ``local landfill'',
                                 ``sanitary
                                 landfill'',
                                 ``special
                                 incineration
                                 device''.
5-40-5610.....................  All definitions not       4/17/95  4/21/00, 65 FR 21320    120-04-4002.
                                 listed above.
5-40-5620.....................  Open Burning               4/1/96  3/12/97, 62 FR 11332
                                 Prohibitions.
5-40-5630.....................  Permissible Open           4/1/96  3/12/97, 62 FR 11332
                                 Burning.
5-40-5631.....................  Forest Management and      7/1/97  3/12/97, 62 FR 11332    Former Appendix D,
                                 Agricultural                                               Effective 4/1/96.
                                 Practices.
----------------------------------------------------------------------------------------------------------------
                                     Article 41  Mobile Sources [Rule 4-41]
----------------------------------------------------------------------------------------------------------------
5-40-5650.....................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-04-4101.
                                 Designation of
                                 Affected Facility.
5-40-5660.....................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-04-4102.
5-40-5670.....................  Motor Vehicles.......     4/17/95  4/21/00, 65 FR 21320    120-04-4103.
5-40-5680.....................  Other Mobile Sources.     4/17/95  4/21/00, 65 FR 21320    120-04-4104.
5-40-5690.....................  Export/Import of          4/17/95  4/21/00, 65 FR 21320    120-04-4105.
                                 Motor Vehicles.
----------------------------------------------------------------------------------------------------------------
                                   Article 45  Lithographic Printing Processes
----------------------------------------------------------------------------------------------------------------
5-40-7800.....................  Applicability and          4/1/96  3/12/97, 62 FR 11334
                                 Designation of
                                 Affected Facility.
[[Page 644]]
5-40-7810.....................  Definitions of             4/1/96  3/12/97, 62 FR 11334
                                 ``alcohol'',
                                 ``cleaning
                                 solution'', fountain
                                 solution'',
                                 ``lithographic
                                 printing'',
                                 ``printing'',
                                 ``printing process''.
5-40-7820.....................  Standard for Volatile      4/1/96  3/12/97, 62 FR 11334
                                 Organic Compounds.
5-40-7840.....................  Standard for Visible       4/1/96  3/12/97, 62 FR 11334
                                 Emissions.
5-40-7850.....................  Standard for Fugitive      4/1/96  3/12/97, 62 FR 11334
                                 Dust Emissions.
5-40-7880.....................  Compliance...........      4/1/96  3/12/97, 62 FR 11334
5-40-7890.....................  Test Methods and           4/1/96  3/12/97, 62 FR 11334
                                 Procedures.
5-40-7900.....................  Monitoring...........      4/1/96  3/12/97, 62 FR 11334
5-40-7910.....................  Notification, Records      4/1/96  3/12/97, 62 FR 11334
                                 and Reporting.
5-40-7920.....................  Registration.........      4/1/96  3/12/97, 62 FR 11334
5-40-7930.....................  Facility and Control       4/1/96  3/12/97, 62 FR 11334
                                 Equipment
                                 Maintenance and
                                 Malfunction.
5-40-7940.....................  Permits..............      4/1/96  3/12/97, 62 FR 11334
----------------------------------------------------------------------------------------------------------------
                            Chapter 50  New and Modified Stationary Sources [Part V]
                                           Part I  Special Provisions
----------------------------------------------------------------------------------------------------------------
5-50-10.......................  Applicability........     4/17/95  4/21/00, 65 FR 21320    120-05-01.
5-50-20.......................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-05-02.
5-50-30.......................  Performance Testing..     4/17/95  4/21/00, 65 FR 21320    120-05-03.
5-50-40.......................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-05-04.
5-50-50.......................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-05-05.
                                 and Reporting.
----------------------------------------------------------------------------------------------------------------
                                           Part II  Emission Standards
                       Article 1  Visible Emissions and Fugitive Dust/Emissions [Rule 5-1]
----------------------------------------------------------------------------------------------------------------
5-50-60.......................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-05-0101.
                                 Designation of
                                 Affected Facility.
5-50-70.......................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-05-0102.
5-50-80.......................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-05-0103.
                                 Emissions.
5-50-90.......................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-05-0104.
                                 Dust/Emissions.
5-50-100......................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-05-0105.
5-50-110......................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-05-0106.
                                 Procedures.
5-50-120......................  Waivers..............     4/17/95  4/21/00, 65 FR 21320    120-05-0107.
----------------------------------------------------------------------------------------------------------------
                                    Article 4  Stationary Sources [Rule 5-4]
----------------------------------------------------------------------------------------------------------------
5-50-240......................  Applicability and         4/17/95  4/21/00, 65 FR 21320    120-05-0401.
                                 Designation of
                                 Affected Facility.
5-50-250......................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-05-0402.
5-50-260......................  Standard for              4/17/95  4/21/00, 65 FR 21320    120-05-0403.
                                 Stationary Sources.
5-50-270......................  Standard for Major        4/17/95  4/21/00, 65 FR 21320    120-05-0404.
                                 Stationary Sources
                                 (Nonattainment
                                 Areas).
5-50-280......................  Standard for Major        4/17/95  4/21/00, 65 FR 21320    120-05-0405.
                                 Stationary Sources
                                 (Prevention of
                                 Significant
                                 Deterioration Areas).
5-50-290......................  Standard for Visible      4/17/95  4/21/00, 65 FR 21320    120-05-0406.
                                 Emissions.
5-50-300......................  Standard for Fugitive     4/17/95  4/21/00, 65 FR 21320    120-05-0407.
                                 Dust/Emissions.
5-50-330......................  Compliance...........     4/17/95  4/21/00, 65 FR 21320    120-05-0410.
5-50-340......................  Test Methods and          4/17/95  4/21/00, 65 FR 21320    120-05-0411
                                 Procedures.
5-50-350......................  Monitoring...........     4/17/95  4/21/00, 65 FR 21320    120-05-0412
[[Page 645]]
5-50-360......................  Notification, Records     4/17/95  4/21/00, 65 FR 21320    120-05-0413
                                 and Reporting.
5-50-370......................  Registration.........     4/17/95  4/21/00, 65 FR 21320    120-05-0414
5-50-380......................  Facility and Control      4/17/95  4/21/00, 65 FR 21320    120-05-0415.
                                 Equipment
                                 Maintenance or
                                 Malfunction.
5-50-390......................  Permits..............     4/17/95  4/21/00, 65 FR 21320    120-05-0416.
----------------------------------------------------------------------------------------------------------------
                             Chapter 70  Air Pollution Episode Prevention [Part VII]
----------------------------------------------------------------------------------------------------------------
5-70-10.......................  Applicability........     4/17/95  4/21/00, 65 FR 21320    120-07-01.
5-70-20.......................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    120-07-02.
5-70-30.......................  General..............     4/17/95  4/21/00, 65 FR 21320    120-07-03.
5-70-40.......................  Episode Determination     4/17/95  4/21/00, 65 FR 21320    120-07-04.
5-70-50.......................  Standby Emission          4/17/95  4/21/00, 65 FR 21320    120-07-05.
                                 Reduction Plans.
5-70-60.......................  Control Requirements.     4/17/95  4/21/00, 65 FR 21320    120-07-06.
5-70-70.......................  Local Air Pollution       4/17/95  4/21/00, 65 FR 21320    120-07-07.
                                 Control Agency
                                 Participation.
----------------------------------------------------------------------------------------------------------------
                             Chapter 80  Permits for Stationary Sources [Part VIII]
----------------------------------------------------------------------------------------------------------------
5-80-10/Article 6.............  New and Modified          4/17/95  4/21/00, 65 FR 21320    120-08-01
                                 Stationary Sources.
10A...........................  Applicability........     4/17/95  4/21/00, 65 FR 21320    01A.
10B...........................  Definitions..........     4/17/95  4/21/00, 65 FR 21320    01B.
10C. (Exc.C.1.b)..............  General..............     4/17/95  4/21/00, 65 FR 21320    01C. (Exec.C.1.b.)
10D...........................  Applications.........     4/17/95  4/21/00, 65 FR 21320    01D.
10E...........................  Information required.     4/17/95  4/21/00, 65 FR 21320    01E.
10F...........................  Action on permit          4/17/95  4/21/00, 65 FR 21320    01F.
                                 application.
10G...........................  Public participation.     4/17/95  4/21/00, 65 FR 21320    01G.; Exceptions:
                                                                                            10.G.1 and .01G.4.b.
VR120-08-01C.1.a; .01C.4.b      Public Participation-    4/31/81;  5/4/82 47 FR 19134;     See Sec.  52.2423(o).
 through .d.                     public hearing        recodified   recodified 2/25/93,
                                 requirements for          2/1/85   58 FR 11373
                                 major modifications.
10H.2. and 10H.3..............  Standards for             4/17/95  4/21/00, 65 FR 21320    01H.2. and 01H.3.
                                 granting permits.
10I.1. and 10I.3..............  Application review        4/17/95  4/21/00, 65 FR 21320    01I.1. and 01I.3.
                                 and analysis.
10J...........................  Compliance                4/17/95  4/21/00, 65 FR 21320    01J.
                                 determination and
                                 verification by
                                 performance testing.
10K...........................  Permit invalidation,      4/17/95  4/21/00, 65 FR 21320    01K.
                                 revocation and
                                 enforcement.
10L...........................  Existence of permit       4/17/95  4/21/00, 65 FR 21320    01L.
                                 no defense.
10M...........................  Compliance with local     4/17/95  4/21/00, 65 FR 21320    01M.
                                 zoning requirements.
10N...........................  Reactivation and          4/17/95  4/21/00, 65 FR 21320    01N.
                                 permanent shutdown.
10O...........................  Transfer of permits..     4/17/95  4/21/00, 65 FR 21320    01O.
10P...........................  Circumvention........     4/17/95  4/21/00, 65 FR 21320    01P.
5-80-11.......................  Stationary source          7/1/97  4/21/00, 65 FR 21320    Appendix R.
                                 permit exemption
                                 levels.
5-80-40.......................  Permits-operating         4/17/95  4/21/00, 65 FR 21320    120-08-04 (Sec.
                                 (all sections).                                            52.2465(c)(94).
----------------------------------------------------------------------------------------------------------------
    Article 8  Permits-Major Stationary Sources and Major Modifications Located in Prevention of Significant
                                               Deterioration Areas
----------------------------------------------------------------------------------------------------------------
5-80-1700.....................  Applicability........      1/1/97  3/23/98, 63 FR 13795    .....................
5-80-1710.....................  Definitions..........      1/1/97  3/23/98, 63 FR 13795    .....................
5-80-1720.....................  General..............      1/1/97  3/23/98, 63 FR 13795    .....................
5-80-1730.....................  Ambient Air                1/1/97  3/23/98, 63 FR 13795    .....................
                                 Increments.
5-80-1740.....................  Ambient Air Ceilings.      1/1/97  3/23/98, 63 FR 13795
5-80-1750.....................  Applications.........      1/1/97  3/23/98, 63 FR 13795
5-80-1760.....................  Compliance with Local      1/1/97  3/23/98, 63 FR 13795
                                 Zoning Requirements.
[[Page 646]]
5-80-1770.....................  Compliance                 1/1/97  3/23/98, 63 FR 13795
                                 Determination and
                                 Verification by
                                 Performance Testing.
5-80-1780.....................  Stack Heights........      1/1/97  3/23/98, 63 FR 13795
5-80-1790.....................  Review of Major            1/1/97  3/23/98, 63 FR 13795
                                 Stationary Sources
                                 and Major
                                 Modifications--Sourc
                                 e Applicability and
                                 Exemptions.
5-80-1800.....................  Control Technology         1/1/97  3/23/98, 63 FR 13795
                                 Review.
5-80-1810.....................  Source Impact              1/1/97  3/23/98, 63 FR 13795
                                 Analysis.
5-80-1820.....................  Air Quality Models...      1/1/97  3/23/98, 63 FR 13795
5-80-1830.....................  Air Quality Analysis.      1/1/97  3/23/98, 63 FR 13795
5-80-1840.....................  Source Information...      1/1/97  3/23/98, 63 FR 13795
5-80-1850.....................  Additional Impact          1/1/97  3/23/98, 63 FR 13795
                                 Analysis.
5-80-1860.....................  Sources Impacting          1/1/97  3/23/98, 63 FR 13795
                                 Federal Class I
                                 Areas--Additional
                                 Requirements.
5-80-1870.....................  Public Participation.      1/1/97  3/23/98, 63 FR 13795
5-80-1880.....................  Source Obligation....      1/1/97  3/23/98, 63 FR 13795
5-80-1890.....................  Environmental Impact       1/1/97  3/23/98, 63 FR 13795
                                 Statements.
5-80-1900.....................  Disputed Permits.....      1/1/97  3/23/98, 63 FR 13795
5-80-1910.....................  Interstate Pollution       1/1/97  3/23/98, 63 FR 13795
                                 Abatement.
5-80-1920.....................  Innovative Control         1/1/97  3/23/98, 63 FR 13795
                                 Technology.
5-80-1930.....................  Reactivation and           1/1/97  3/23/98, 63 FR 13795
                                 Permanent Shutdown.
5-80-1940.....................  Transfer of Permits..      1/1/97  3/23/98, 63 FR 13795
5-80-1950.....................  Permitt Invalidation,      1/1/97  3/23/98, 63 FR 13795
                                 Revocation, and
                                 Enforcement.
5-80-1960.....................  Circumvention........      1/1/97  3/23/98, 63 FR 13795
5-80-1970.....................  Review and                 1/1/97  3/23/98, 63 FR 13795
                                 Confirmation of this
                                 Chapter by Board.
----------------------------------------------------------------------------------------------------------------
 Article 9  Permits--Major Stationary Sources and Major Modifications Located in Nonattainment Areas 120-08-03.
----------------------------------------------------------------------------------------------------------------
5-80-2000.....................  Applicability........      1/1/93  4/21/00, 65 FR 21320    03A. (9/21/99, 64 FR
                                                           4/1/99                           51047).
5-80-2010.....................  Definitions..........      1/1/93  4/21/00, 65 FR 21320    .03B (9/21/99, 64 FR
                                                           4/1/99                           51047).
5-80-2020.....................  General..............      1/1/93  4/21/00, 65 FR 21320    .03C (9/21/99, 64 FR
                                                           4/1/99                           51047).
5-80-2030.....................  Applications.........      1/1/93                          .03D (9/21/99, 64 FR
                                                           4/1/99                           51047).
5-80-2040.....................  Information required.      1/1/93  4/21/00, 65 FR 21320    .03E (9/21/99, 64 FR
                                                           4/1/99                           51047).
5-80-2050.....................  Standards/conditions       1/1/93  4/21/00, 65 FR 21320    .03F (9/21/99, 64 FR
                                 for granting permits.     4/1/99                           51047).
5-80-2060.....................  Action on permit           1/1/93  4/21/00, 65 FR 21320    .03G (9/21/99, 64 FR
                                 application.              4/1/99                           51047).
5-80-2070.....................  Public Participation.      1/1/83  4/21/00, 65 FR 21320    .03H (9/21/99, 64 FR
                                                           4/1/99                           51047).
5-80-2080.....................  Compliance                 1/1/93  4/21/00, 65 FR 21320    .03I. (9/21/99, 64 FR
                                 determination and         4/1/99                           51047).
                                 verification by
                                 performance testing.
5-80-2090.....................  Application review         1/1/93  4/21/00, 65 FR 21320    .03J (9/21/99, 64 FR
                                 and analysis.             4/1/99                           51047).
5-80-2100.....................  Circumvention........      1/1/93  4/21/00, 65 FR 21320    .03K (9/21/99, 64 FR
                                                           4/1/99                           51047).
5-80-2110.....................  Interstate pollution       1/1/93  4/21/00, 65 FR 21320    .03L (9/21/99, 64 FR
                                 abatement.                4/1/99                           51047).
5-80-2120.....................  Offsets..............      1/1/93  4/21/00, 65 FR 21320    .03M (9/21/99), 64 FR
                                                           4/1/99                           51047).
[[Page 647]]
5-80-2130.....................  De minimis increases       1/1/93  4/21/00, 65 FR 21320    .03N (9/21/99, 64 FR
                                 and stationary            4/1/99                           51047).
                                 source modification
                                 alternatives for
                                 ozone nonattainment
                                 areas classified as
                                 serious or severe in
                                 9 VAC 5-20-204.
5-80-2140.....................  Exception............      1/1/93  4/21/00, 65 FR 21320    .03O (9/21/99, 64 FR
                                                           4/1/99                           51047).
5-80-2150.....................  Compliance with local      1/1/93  4/21/00, 65 FR 21320    .03P (9/21/99, 64 FR
                                 zoning requirements.      4/1/99                           51047).
5-80-2160.....................  Reactivation and           1/1/93  4/21/00, 65 FR 21320    .03Q (9/21/99, 64 FR
                                 Permit Shutdown.          4/1/99                           51047).
5-80-2170.....................  Transfer of Permits..      1/1/93  4/21/00, 65 FR 21320    .03R (9/21/99, 64 FR
                                                           4/1/99                           51047).
5-80-2180.....................  Revocation of permit.      1/1/93  4/21/00, 65 FR 21320    .03S (9/21/99, 64 FR
                                                           4/1/99                           51047).
5-80-2190.....................  Existence of permit        1/1/93  4/21/00, 65 FR 21320    .03T (9/21/99, 64 FR
                                 no defense.               4/1/99                           51047).
----------------------------------------------------------------------------------------------------------------
        Chapter 91  Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area
                                               Part I  Definitions
----------------------------------------------------------------------------------------------------------------
5-91-10.......................  General..............     1/24/97  9/1/99, 64 FR 47670     .....................
5-91-20.......................  Terms Defined........      1/1/98  9/1/99, 64 FR 47670     Exception--``Northern
                                                                                            Virginia program
                                                                                            area'' does not
                                                                                            include Fauquier
                                                                                            County.
----------------------------------------------------------------------------------------------------------------
                                           Part II  General Provisions
----------------------------------------------------------------------------------------------------------------
5-91-30.......................  Applicability and         1/24/97  9/1/99, 64 FR 47670     .....................
                                 authority of the
                                 department.
5-91-50.......................  Documents                 1/24/97  9/1/99, 64 FR 47670     .....................
                                 Incorporated by
                                 Reference.
5-91-60.......................  Hearings and              1/24/97  9/1/99, 64 FR 47670     .....................
                                 Proceedings.
5-91-70.......................  Appeal of Case            1/24/97  9/1/99, 64 FR 47670     .....................
                                 Decisions.
5-91-80.......................  Variances............     1/24/97  9/1/99, 64 FR 47670     .....................
5-91-90.......................  Right of entry.......     1/24/97  9/1/99, 64 FR 47670     .....................
5-91-100......................  Conditions on             1/24/97  9/1/99, 64 FR 47670     .....................
                                 approvals.
5-91-110......................  Procedural                1/24/97  9/1/99, 64 FR 47670     .....................
                                 information and
                                 guidance.
5-91-120......................  Export and import of      1/24/97  9/1/99, 64 FR 47670     .....................
                                 motor vehicles.
5-91-130......................  Relationship of state     1/24/97  9/1/99, 64 FR 47670     .....................
                                 regulations to
                                 federal regulations.
5-91-140......................  Delegation of             1/24/97  9/1/99, 64 FR 47670     .....................
                                 authority.
5-9-150.......................  Availability of           1/24/97  9/1/99, 64 FR 47670     .....................
                                 information.
----------------------------------------------------------------------------------------------------------------
                          Part III  Emission Standards for Motor Vehicle Air Pollution
----------------------------------------------------------------------------------------------------------------
5-91-160......................  Exhaust emission          1/24/97  9/1/99, 64 FR 47670     .....................
                                 standards for two-
                                 speed idle testing
                                 in enhanced
                                 emissions inspection
                                 programs.
5-91-170......................  Exhaust emission          1/24/97  9/1/99, 64 FR 47670     .....................
                                 standards for ASM
                                 testing in enhanced
                                 emissions inspection
                                 programs.
5-91-180......................  Exhaust emission          1/24/97  9/1/99, 64 FR 47670     .....................
                                 standards for on-
                                 road testing through
                                 remote sensing.
5-91-190......................  Emissions control         1/24/97  9/1/99, 64 FR 47670     .....................
                                 systems standards.
5-91-200......................  Evaporative emissions     1/24/97  9/1/99, 64 FR 47670     .....................
                                 standards.
[[Page 648]]
5-91-210......................  Visible emissions         1/24/97  9/1/99, 64 FR 47670     .....................
                                 standards.
----------------------------------------------------------------------------------------------------------------
                       Part IV  Permitting and Operation of Emissions Inspection Stations
----------------------------------------------------------------------------------------------------------------
5-91-220......................  General provisions...     1/24/97  9/1/99, 64 FR 47670     .....................
5-91-230......................  Applications.........     1/24/97  9/1/99, 64 FR 47670     .....................
5-91-240......................  Standards and             1/24/97  9/1/99, 64 FR 47670     .....................
                                 conditions for
                                 permits.
5-91-250......................  Action on permit          1/24/97  9/1/99, 64 FR 47670     .....................
                                 application.
5-91-260......................  Emissions inspection      1/24/97  9/1/99, 64 FR 47670     .....................
                                 station permits,
                                 categories.
5-91-270......................  Permit renewals......     1/24/97  9/1/99, 64 FR 47670     .....................
5-91-280......................  Permit revocation,        1/24/97  9/1/99, 64 FR 47670     .....................
                                 surrender of
                                 materials.
5-91-290......................  Emission inspection       1/24/97  9/1/99, 64 FR 47670     .....................
                                 station operations.
5-91-300......................  Emissions inspection      1/24/97  9/1/99, 64 FR 47670     .....................
                                 station records.
5-91-310......................  Sign and permit           1/24/97  9/1/99, 64 FR 47670     .....................
                                 posting.
5-91-320......................  Equipment and             1/24/97  9/1/99, 64 FR 47670     .....................
                                 facility
                                 requirements.
5-91-330......................  Analyzer system           1/24/97  9/1/99, 64 FR 47670     .....................
                                 operation.
5-91-340......................  Motor vehicle             1/24/97  9/1/99, 64 FR 47670     .....................
                                 inspection report;
                                 certificate of
                                 emission inspection.
5-91-350......................  Data media...........     1/24/97  9/1/99, 64 FR 47670     .....................
5-91-360......................  Inspection number and     1/24/97  9/1/99, 64 FR 47670     .....................
                                 access code usage.
5-91-370......................  Fleet emissions           1/24/97  9/1/99, 64 FR 47670     .....................
                                 inspection stations;
                                 mobile fleet
                                 emissions inspection
                                 stations.
----------------------------------------------------------------------------------------------------------------
                                Part V  Emissions Inspector Testing and Licensing
----------------------------------------------------------------------------------------------------------------
5-91-380......................  Emissions inspector       1/24/97  9/1/99, 64 FR 47670     .....................
                                 licenses and
                                 renewals.
5-91-390......................  Qualification             1/24/97  9/1/99, 64 FR 47670
                                 requirements for
                                 emissions inspector
                                 licenses.
5-91-400......................  Conduct of emissions      1/24/97  9/1/99, 64 FR 47670
                                 inspectors.
----------------------------------------------------------------------------------------------------------------
                                         Part VI  Inspection Procedures
----------------------------------------------------------------------------------------------------------------
5-91-410......................  General..............     1/24/97  9/1/99, 64 FR 47670
5-91-420......................  Inspection procedure;     1/24/97  9/1/99, 64 FR 47670
                                 rejection, pass,
                                 fail, waiver.
5-91-430......................  ASM test procedure...     1/24/97  9/1/99, 64 FR 47670
5-91-440......................  Two-speed idle test       1/24/97  9/1/99, 64 FR 47670
                                 procedure.
4-91-450......................  Fuel test evaporative     1/24/97  9/1/99, 64 FR 47670
                                 pressure test and
                                 gas cap pressure
                                 test procedure.
4-91-460......................  Fuel system               1/24/97  9/1/99, 64 FR 47670
                                 evaporative purge
                                 test procedure.
5-91-470......................  Short test standards      1/24/97  9/1/99, 64 FR 47670
                                 for warranty
                                 eligibility.
5-91-480......................  Emissions related         1/24/97  9/1/99, 64 FR 47670
                                 repairs.
5-91-490......................  Engine and fuel           1/24/97  9/1/99, 64 FR 47670
                                 changes.
----------------------------------------------------------------------------------------------------------------
                            Part VII  Vehicle Emissions Repair Facility Certification
----------------------------------------------------------------------------------------------------------------
5-91-500......................  Applicability and         1/24/97  9/1/99, 64 FR 47670
                                 Authority.
5-91-510......................  Certification             1/24/97  9/1/99, 64 FR 47670
                                 Qualifications.
5-91-520......................  Expiration,               1/24/97  9/1/99, 64 FR 47670
                                 reinstatement,
                                 renewal, and
                                 requalification.
[[Page 649]]
5-91-530......................  Emissions repair          1/24/97  9/1/99, 64 FR 47670
                                 facility operations.
5-91-540......................  Sign Posting.........     1/24/97  9/1/99, 64 FR 47670
----------------------------------------------------------------------------------------------------------------
                    Part VIII  Emissions Repair Technician Certification and Responsibilities
----------------------------------------------------------------------------------------------------------------
5-91-550......................  Applicability and         1/24/97  9/1/99, 64 FR 47670
                                 authority.
5-91-560......................  Certification             1/24/97  9/1/99, 64 FR 47670
                                 qualifications for
                                 emissions repair
                                 technicians.
5-91-570......................  Expiration,               1/24/97  9/1/99, 64 FR 47670
                                 reinstatement,
                                 renewal and
                                 requalification.
5-91-580......................  Certified emissions       1/24/97  9/1/99, 64 FR 47670
                                 repair technician
                                 responsibilities.
----------------------------------------------------------------------------------------------------------------
                                         Part IX  Enforcement Procedures
----------------------------------------------------------------------------------------------------------------
5-91-590......................  Enforcement of             4/2/97  9/1/99, 64 FR 47670
                                 regulations,
                                 permits, licenses,
                                 certifications and
                                 orders.
5-91-600......................  General enforcement        4/2/97  9/1/99, 64 FR 47670
                                 process.
5-91-610......................  Consent orders and         4/2/97  9/1/99, 64 FR 47670
                                 penalties for
                                 violations.
5-91-620......................  Major violations.....      4/2/97  9/1/99, 64 FR 47670
5-91-630......................  Minor violations.....      4/2/97  9/1/99, 64 FR 47670
----------------------------------------------------------------------------------------------------------------
      Part X  Analyzer System Certification and Specifications for Enhanced Emissions Inspections Programs
----------------------------------------------------------------------------------------------------------------
5-91-640......................  Applicability........     1/24/97  9/1/99, 64 FR 47670
5-91-650......................  Design goals.........     1/24/97  9/1/99, 64 FR 47670
5-91-660......................  Warranty; service         1/24/97  9/1/99, 64 FR 47670
                                 contract.
5-91-670......................  Owner provided            1/24/97  9/1/99, 64 FR 47670
                                 services.
5-91-680......................  Certification of          1/24/97  9/1/99, 64 FR 47670
                                 analyzer systems.
5-91-690......................  Span gases; gases for     1/24/97  9/1/99, 64 FR 47670
                                 calibration purposes.
5-91-700......................  Calibration of            1/24/97  9/1/99, 64 FR 47670
                                 exhaust gas
                                 analyzers.
5-91-710......................  Upgrade of analyzer       1/24/97  9/1/99, 64 FR 47670
                                 system.
----------------------------------------------------------------------------------------------------------------
                                          Part XI  Manufacturer Recall
----------------------------------------------------------------------------------------------------------------
5-91-720......................  Vehicle manufacturer      1/24/97  9/1/99, 64 FR 47670
                                 recall.
5-91-730......................  Exemptions; temporary     1/24/97  9/1/99, 64 FR 47670
                                 extensions.
----------------------------------------------------------------------------------------------------------------
                                            Part XII  On-Road Testing
----------------------------------------------------------------------------------------------------------------
5-91-740......................  General Requirements.     1/24/97  9/1/99, 64 FR 47670
5-91-750......................  Operating Procedures;     1/24/97  9/1/99, 64 FR 47670
                                 violation of
                                 standards.
5-91-760......................  Schedule of civil         1/24/97  9/1/99, 64 FR 47670
                                 charges.
----------------------------------------------------------------------------------------------------------------
                                          Part XIII  Federal Facilities
----------------------------------------------------------------------------------------------------------------
5-91-770......................  General requirements.     1/24/97  9/1/99, 64 FR 47670
5-91-780......................  Proof of compliance..     1/24/97  9/1/99, 64 FR 47670
----------------------------------------------------------------------------------------------------------------
                                    Part XIV  ASM Exhaust Emission Standards
----------------------------------------------------------------------------------------------------------------
5-91-790......................  ASM start-up              1/24/97  9/1/99, 64 FR 47670
                                 standards.
5-91-800......................  ASM final standards..     1/24/97  9/1/99, 64 FR 47670
                                  Chapter 160  General Conformity Rules 1/24/97
                                           Part I  General Definitions
----------------------------------------------------------------------------------------------------------------
5-160-10......................  General..............     1/24/97  10/21/97, 62 FR 54585
[[Page 650]]
5-160-20......................  Terms Defined........     1/24/97  10/21/97, 62 FR 54585
----------------------------------------------------------------------------------------------------------------
                                           Part II  General Provisions
----------------------------------------------------------------------------------------------------------------
5-160-30......................  Applicability........      1/1/97  10/21/97, 62 FR 54585
5-160-40......................  Authority of Board         1/1/97  10/21/97, 62 FR 54585
                                 and department.
5-160-50......................  Establishment of           1/1/97  10/21/97, 62 FR 54585
                                 regulations and
                                 orders.
5-160-60......................  Enforcement of             1/1/97  10/21/97, 62 FR 54585
                                 regulations and
                                 orders.
5-160-70......................  Hearings and               1/1/97  10/21/97, 62 FR 54585
                                 proceedings.
5-160-80......................  Relationship of state      1/1/97  10/21/97, 62 FR 54585
                                 regulations to
                                 federal regulations.
5-160-90......................  Appeals..............      1/1/97  10/21/97, 62 FR 54585
5-160-100.....................  Availability of            1/1/97  10/21/97, 62 FR 54585
                                 information.
----------------------------------------------------------------------------------------------------------------
                     Part III  Criteria and Procedures for Making Conformity Determinations
----------------------------------------------------------------------------------------------------------------
5-160-110.....................  General..............      1/1/97  10/21/97, 62 FR 54585   Sec.  52.2465(c)(118)
                                                                                            .
5-160-120.....................  Conformity analysis..      1/1/97  10/21/97, 62 FR 54585
5-160-130.....................  Reporting                  1/1/97  10/21/97, 62 FR 54585
                                 requirements.
5-160-140.....................  Public participation.      1/1/97  10/21/97, 62 FR 54585
5-160-150.....................  Frequency of               1/1/97  10/21/97, 62 FR 54585
                                 conformity
                                 determinations.
5-160-160.....................  Criteria for               1/1/97  10/21/97, 62 FR 54585
                                 determining
                                 conformity.
5-160-170.....................  Procedures for             1/1/97  10/21/97, 62 FR 54585
                                 conformity
                                 determinations.
5-160-180.....................  Mitigation of air          1/1/97  10/21/97, 62 FR 54585
                                 quality impacts.
5-160-190.....................  Savings provision....      1/1/97  10/21/97, 62 FR 54585
5-160-200.....................  Review and                 1/1/97  10/21/97, 62 FR 54585
                                 confirmation of this
                                 chapter by board.
----------------------------------------------------------------------------------------------------------------
                               Chapter 200  National Low Emission Vehicle Program
----------------------------------------------------------------------------------------------------------------
5-200-10......................  Definitions..........     4/14/99  12/28/99, 64 FR 72564   SIP Effective Date: 2/
                                                                                            28/00.
5-200-20......................  Participation in          4/14/99  12/28/99, 64 FR 72564   SIP Effective Date: 2/
                                 national LEV.                                              28/00.
5-200-30......................  Transition from           4/14/99  12/28/99, 64 FR 72564   SIP Effective Date: 2/
                                 national LEV                                               28/00.
                                 requirements to a
                                 Virginia Sec. 177
                                 program.
----------------------------------------------------------------------------------------------------------------
                     2 VAC 5--Chapter 480  Regulation Governing the Oxygenation of Gasoline
----------------------------------------------------------------------------------------------------------------
        5-480-20..............  Applicability........     11/1/96  2/17/00, 65 FR          SIP Effetive Date: 4/
                                                                                            3/00.
----------------------------------------------------------------------------------------------------------------
    (d) EPA approved State Source-Specific Requirements.
[[Page 651]]
                                                   EPA-Approved Virginia Source-Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          State
            Source name                Permit/order or registration     effective          EPA approval date               40 CFR part 52 citation
                                                  number                  date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Norfolk Naval Base-Exchange Service  [NONE]                                 8/6/79  8/17/81, 46 FR 41499             52.2465(c)(41).
 Station.
Reynolds Metal Co.--Rolling Mill...  DSE-597-87                            9/30/87  8/20/90, 55 FR 33904             52.2465(c)(92).
Aqualon (Hercules) Company.........  50363                                 9/26/90  11/1/91, 56 FR 56159             52.2465(c)(93).
Nabisco Brands, Inc................  DTE-179-91                            4/24/91  3/6/92, 57 FR 8080               52.2465(c)(95).
Burlington Industries..............  30401                                11/19/91  3/18/92, 57 FR 9388              52.2465(c)(96).
Reynolds Metals Co.--Bellwood......  DSE-413A-86                          10/31/86  6/13/96, 61 FR 29963             52.2465(c)(110).
Reynolds Metals Co.--South.........  DSE-412A-86
Philip Morris, Inc.--Blended Leaf    50080                                 2/27/86  10/14/97, 62 FR 53277            52.2465(c)(120).
 Facility.
Philip Morris, Inc.--Park 500        50722                                 3/26/97
 Facility.
Philip Morris, Inc.--Richmond        50076                                 7/13/96
 Manufacturing Center.
Virginia Electric and Power Co.--    50396                                 5/30/96
 Innsbrook Technical Center.
Hercules, Inc.--Aqualon Division...  V-0163-96                             7/12/96
City of Hopewell--Regional           50735                                 5/30/96
 Wastewater Treatment Facility.
Allied Signal, Inc.--Hopewell Plant  50232                                 3/26/97  10/14/97, 62 FR 53277            52.2465(c)(121).
Allied Signal, Inc.--Chesterfield    V-0114-96                             5/20/96
 Plant.
Bear Island Paper Co. L.P..........  V-135-96                              7/12/96
Stone Container Corp.--Hopewell      50370                                 5/30/96
 Mill.
E.I. duPont de Nemours and Co.--     V-0117-96                             5/30/96  10/14/97, 62 FR 53277            52.2465(c)(121).
 Spruance Plant.
ICI Americas Inc.--Films Division--  50418                                 5/30/96
 Hopewell Site.
Tuscarora, Inc.....................  71814                                  6/5/96  1/22/99, 64 FR 3425              52.2465(c)(128).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 652]]
    (e) [Reserved]
[65 FR 21320, Apr. 21, 2000; 65 FR 41525, July 5, 2000; 65 FR 43840,
July 14, 2000]
Sec. 52.2421  Classification of regions.
    The Virginia 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)
----------------------------------------------------------------------------------------------------------------
Eastern Tennessee-Southwestern Virginia Interstate...           I          I       III       III           III
Valley of Virginia Intrastate........................           I        III       III       III           III
Central Virginia Intrastate..........................           I        III       III       III           III
Northeastern Virginia Intrastate.....................          IA        III       III       III           III
State Capital Intrastate.............................           I        III       III       III             I
Hampton Roads Intrastate.............................           I         II       III       III             I
National Capital Interstate..........................           I          I       III         I             I
----------------------------------------------------------------------------------------------------------------
[37 FR 15090, July 27, 1972, as amended at 39 FR 16347, May 8, 1974]
Sec. 52.2422  [Reserved]
Sec. 52.2423  Approval status.
    (a) With the exceptions set forth in this subpart, the Administrator
approves Virginia's plan for the attainment and maintenance of the
national standards. The State included a provision dealing with open
burning in its submittal of August 10, 1973.This provision was included
for information purposes only and was not to be considered a part of the
plan to implement national standards. Accordingly, this additional
provision is not considered a part of the applicable plan.
    (b)-(c)  [Reserved]
    (d) The portion of the January 11, 1979 SIP submittal pertaining to
Smyth County is not approved, pending a possible redesignation of the
area to attainment status.
    (e) The requirements of Sec. 51.22 are not met with respect to
section 4.55(b) of the Virginia regulations, because the regulation is
not adequately enforceable. Therefore, section 4.55(b) is disapproved.
    (f) Section 120-04-02.A.3. of the Virginia Regulations for the
Control and Abatement of Air Pollution is not considered part of the
applicable plan because it contradicts a previously approved section of
the SIP.
    (g) Section 4.31(d)(3) of Part IV of the Virginia Regulations for
the Control and Abatement of Air Pollution is not considered part of the
applicable plan because the substitute criteria, listed in section
4.31(d)(3), contain inherent variations in quality control which do not
present an accurate representation of collection efficiency.
    (h) In an April 19, 1991 request submitted by the Virginia
Department of Air Pollution Control, the source-specific emission
limitation for James River Paper which EPA had approved on August 18,
1983 is deleted. James River Paper Co. (now known as Custom Papers
Group--Richmond, Inc.) located in Richmond, Virginia is now required to
comply with the applicable Virginia SIP paper coating regulation.
    (i) Pursuant to an October 31, 1991 request submitted by the
Virginia Department of Air Pollution Control, the source-specific
Alternate Control Program (bubble) for J.W. Fergusson & Sons, Inc. which
EPA had approved on March 4, 1983, is removed from the plan. J.W.
Fergusson & Sons, Inc. located in Richmond, Virginia is required to
comply with the Virginia SIP graphic arts RACT regulation approved by
EPA on January 25, 1984 (see 40 CFR 52.2420 (c)(48) and (c)(74)).
    (j) Letter of January 25, 1993, from the Commonwealth of Virginia
transmitting a commitment to adopt either the Federal clean fuel fleet
program or an alternative substitute program by May 15, 1994.
    (k) The maintenance plan SIP revision, and request to redesignate
the
[[Page 653]]
Richmond moderate ozone nonattainment area to attainment were submitted
on November 12, 1992, by the Department of Environmental Quality. These
requests are disapproved because review of the 1993 ambient air quality
data monitored during the 1993 ozone season indicated that a violation
of the ozone NAAQS occurred at the Charles City monitor in the Richmond
nonattainment area . Because of the registered violation during the 1993
ozone season, the underlying basis of the Commonwealth's November 12,
1992, maintenance plan's demonstration is no longer valid.
    (l) [Reserved]
    (m) EPA approves as part of the Virginia State Implementation Plan
the documents listed in Appendix M, Sections II.A. through II.E and
Section II.G. of the Virginia Regulations for the Control and Abatement
of Air Pollution submitted by the Virginia Department of Air Pollution
Control on April 12, 1989.
    (n) EPA approves as part of the Virginia State Implementation Plan
the revised references to the documents listed in Appendix M, Sections
II.A. and II.B. of the Virginia Regulations for the Control and
Abatement of Air Pollution submitted by the Virginia Department of Air
Pollution Control on February 12, 1993.
    (o) EPA approves the revised confidentiality of information
provisions of Sections 120-02-30, submitted by the Virginia Department
of Air Pollution Control on March 18, 1993, as revisions to the Virginia
SIP. However, should Virginia submit a SIP revision request on behalf of
a source, which contains information that has been judged confidential
under the provisions of Section 120-02-30, Virginia must request EPA to
consider confidentiality according to the provisions of 40 CFR part 2.
EPA is obligated to keep such information confidential only if the
criteria of 40 CFR part 2 are met.
    (p) EPA disapproves the revised public participation provisions of
Sections 120-08-01G.1 and 120-08-01G.4.b, submitted by the Virginia
Department of Air Pollution Control on March 29, 1993, as revisions to
the Virginia SIP. These revised provisions do not meet the requirements
of 40 CFR 51.160 and 51.161. In its place, EPA retains the SIP
provisions of Section 120-08-01C.1.a and 01C.4.b through d. as
originally approved at Secs. 52.2420(c)(69) [SIP section 2.33(a)(5)(ii)]
and subsequently revised, due to format changes, at
Secs. 52.2420(c)(89)(i)(B)(7) [SIP section 120-08-01C.4.b].
    (q) EPA approves as part of the Virginia State Implementation Plan
the following revisions to the Virginia Regulations for the Control and
Abatement of Pollution submitted by the Virginia Department of
Environmental Quality on October 9, 1998:
    (1) Subpart T of 9 VAC 5-60-100 Designated emission standards of
Rule 6-2 (9 VAC 5-60-90 et seq.) of 9 VAC 5 Chapter 60 amended to adopt
40 CFR 63.460 through 63.469 by reference. This amendment was adopted on
January 8, 1997, published in the Virginia Register of Regulations on
March 31, 1997 and effective on May 1, 1997.
    (2) Revised date reference to 40 CFR part 63 (July 1, 1996)
contained in 9 VAC 5-60-90 (General), as it pertains to the documents
listed in 9 VAC 5-60-100, Subpart T.
[38 FR 33724, Dec. 6, 1973, as amended at 39 FR 41254, Nov. 26, 1974; 45
FR 85749, Dec. 30, 1980; 46 FR 22583, Apr. 20, 1981; 57 FR 3011, Jan.
27, 1992; 57 FR 27182, June 18, 1992; 58 FR 11377, Feb. 25, 1993; 58 FR
50848, Sept. 29, 1993; 59 FR 22758, May 3, 1994; 60 FR 43717, Aug. 23,
1995; 61 FR 16062, Apr. 11, 1996; 61 FR 38390, July 24, 1996; 64 FR
59638, Nov. 3, 1999]
Sec. 52.2424  Motor vehicle emissions budgets.
    (a) Motor vehicle emissions budget for the Hampton Roads maintenance
area adjusting the mobile emissions budget contained in the maintenance
plan for the horizon years 2015 and beyond adopted on August 29, 1996
and submitted by the Virginia Department of Environmental Quality on
August 29, 1996.
    (b) Motor vehicle emissions budget for the Richmond maintenance area
adjusting the mobile emissions budget contained in the maintenance plan
for the horizon years 2015 and beyond adopted on July 30, 1996 and
submitted by the Virginia Department of Environmental Quality on July
30, 1996.
[62 FR 34412, June 26, 1997, as amended at 62 FR 61240, Nov. 17, 1997]
[[Page 654]]
Sec. 52.2425  1990 Base Year Emission Inventory.
    (a) EPA approves as a revision to the Virginia Implementation Plan
the 1990 base year emission inventory for the Washington Metropolitan
Statistical Area, submitted by Director, Virginia Department of
Environmental Quality, on November 1, 1993, April 3, 1995 and October
12, 1995. This submittal consists 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).
    (b) EPA approves as a revision to the Virginia State Implementation
Plan the 1990 base year emission inventories for the Richmond-
Petersburg, Norfolk-Virginia Beach, and Smyth County ozone nonattainment
areas submitted by the Director, Virginia Department of Environmental
Quality on November 11, 1992, November 18, 1992, November 1, 1993, and
December 15, 1994. These submittals consist of the 1990 base year point,
area, non-road mobile, biogenic and on-road mobile source emission
inventories in each area for the following pollutants: volatile organic
compounds (VOC), carbon monoxide (CO), and oxides of nitrogen
(NO<INF>X</INF>).
    (c) EPA approves as a revision to the Virginia State Implementation
Plan the 1990 base year emission inventories for the Northern Virginia
ozone nonattainment areas submitted by the Director, Virginia Department
Environmental Quality, on November 30, 1992, November 1, 1993, and April
3, 1995. These submittals consist of the 1990 base year point, area,
non-road mobile, biogenic and on-road mobile source emission inventories
in each area for the following pollutants: volatile organic compounds
(VOC), carbon monoxide (CO), and oxides of nitrogen (NO<INF>X</INF>).
    (d) EPA approves as a revision to the Virginia State Implementation
Plan amendments to the 1990 base year emission inventories for the
Northern Virginia ozone nonattainment area submitted by the Director,
Virginia Department Environmental Quality, on December 17, 1997. This
submittal consists of amendments to the 1990 base year point, area, non-
road mobile, and on-road mobile source emission inventories for the
following pollutants: volatile organic compounds (VOC), and oxides of
nitrogen (NO<INF>X</INF>).
[61 FR 2937, Jan. 30, 1996, as amended at 61 FR 48632, 48635, Sept. 16,
1996; 63 FR 36858, July 8, 1998]
Sec. 52.2426  Photochemical Assessment Monitoring Stations (PAMS)
          Program.
    On November 23, 1994 Virginia's Department of Environmental Quality
submitted a plan for the establishment and implementation of a
Photochemical Assessment Monitoring Stations (PAMS) Program as a state
implementation plan (SIP) revision, as required by section 182(c)(1) of
the Clean Air Act. EPA approved the Photochemical Assessment Monitoring
Stations (PAMS) Program on September 11, 1995 and made it part of the
Virginia SIP. As with all components of the SIP, Virginia must implement
the program as submitted and approved by EPA.
[60 FR 47084, Sept. 11, 1995]
Sec. 52.2427  Source surveillance.
    (a)-(b)  [Reserved]
    (c) The requirements of Sec. 51.213 of this chapter are not met
because the plan does not provide procedures for determining actual
emission reductions achieved as a result of implementing the proposed
transportation control measures. Rectifying provisions are promulgated
in this section.
    (d) Monitoring transportation sources. (1) This section is
applicable to the Commonwealth of Virginia.
    (2) In order to assure the effectiveness of the inspection and
maintenance program approved in Sec. 52.2423 and required by
Sec. 52.2441, and the retrofit devices required under Secs. 52.2444,
52.2445, 52.2446, and 52.2447 the Commonwealth shall monitor the actual
per-vehicle emissions reductions occurring as a result of such measures.
All data obtained from such monitoring shall be included in the
quarterly report submitted to the Administrator by the Commonwealth of
Virginia in accordance with Sec. 58.35 of this chapter. The first
quarterly report shall cover the period January 1 to March 31, 1976.
    (3) In order to assure the effective implementation of the car pool
locator,
[[Page 655]]
express bus lanes, increased bus fleet and service, elimination of free
on-street commuter parking, elimination of free employee parking, and
the parking surcharge approved in Sec. 52.2423, the Commonwealth shall
monitor vehicle miles traveled and average vehicle speeds for each area
in which such sections are in effect and during such time periods as may
be appropriate to evaluate the effectiveness of such a program. All data
obtained from such monitoring shall be included in the quarterly report
submitted to the Administrator by the Commonwealth of Virginia in
accordance with Sec. 58.35 of this chapter. The first quarterly report
shall cover the period from July 1 to September 30, 1974. The vehicle
miles traveled and vehicle speed data shall be collected on a monthly
basis and submitted in a format similar to Table 1.
                                 Table 1
Time period..............................
Affected area............................
------------------------------------------------------------------------
                                                  VMT or average vehicle
                                                           speed
                                                 -----------------------
                  Roadway type                                  Vehicle
                                                    Vehicle    type (2)
                                                   type (1)       \1\
------------------------------------------------------------------------
Freeway.........................................
Arterial........................................
Collector.......................................
Local...........................................
------------------------------------------------------------------------
\1\ Continue with other vehicle types as appropriate.
    (4) No later than March 1, 1974, the Commonwealth shall submit to
the Administrator a compliance schedule to implement this section. The
program description shall include the following:
    (i) The agency or agencies responsible for conducting, overseeing,
and maintaining the monitoring program.
    (ii) The administrative procedures to be used.
    (iii) A description of the methods to be used to collect the
emission data, VMT data, and vehicle speed data; a description of the
geographical area to which the data apply; identification of the
location at which the data will be collected; and the time periods
during which the data will be collected.
[37 FR 10898, May 31, 1972, as amended at 37 FR 15091, July 27, 1972; 38
FR 16568, June 22, 1973; 38 FR 33724, Dec. 6, 1973; 44 FR 27571, May 10,
1979; 51 FR 40677, Nov. 7, 1986]
Sec. 52.2428  Control Strategy: Carbon monoxide and ozone.
    Determination--EPA has determined that, as of November 5, 1997, the
Richmond ozone nonattainment area, which consists of the counties of
Chesterfield, Hanover, Henrico, and part of Charles City County, and of
the cities of Richmonds, Colonial Heights and Hopewell, has attained the
1-hour .12 ppm ozone standard based on three years of air quality data
for 1993, 1994 and 1995. EPA has further determined 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 Richmond area for so long as the area does not
monitor any violations of the 1-hour .12ppm ozone standard, or until the
area is no longer designated nonattainment. If a violation of the ozone
NAAQS is monitored in the Richmond ozone nonattainment area while the
area is designated nonattainment, these determinations shall no longer
apply.
[62 FR 52032, Oct. 6, 1997]
Secs. 52.2429-52.2432  [Reserved]
Sec. 52.2433  Intergovernmental cooperation.
    (a) The requirements of Subpart M of this chapter are not met
because the plan does not adequately identify the State and local
agencies, and their responsibilities, involved in carrying out the
proposed transportation control measures.
[38 FR 16569, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]
Secs. 52.2434-52.2435  [Reserved]
Sec. 52.2436  Rules and regulations.
    (a)  [Reserved]
    (b) The requirements of Sec. 51.281 are not met with respect to
Section 4.55 (b) of the Virginia regulations, because the regulation is
not adequately enforceable. Therefore, Section 4.55(b) is disapproved.
[38 FR 33725, Dec. 6, 1973, as amended at 45 FR 55197, Aug. 19, 1980; 51
FR 40677, Nov. 7, 1986; 61 FR 16063, Apr. 11, 1996]
[[Page 656]]
Secs. 52.2437-52.2449  [Reserved]
Sec. 52.2450  Conditional approval.
    (a) Virginia's September 28, 1994 SIP submittal of a Consent Order
and Agreement (Order) between the Department of Environmental Quality of
the Commonwealth of Virginia and Philip Morris, Inc. establishing
reasonably available control technology (RACT) for the Manufacturing
Center located in Richmond, Virginia is conditionally approved based on
certain contingencies. The condition for approval is to revise and
resubmit the Order as a SIP revision within one year of September 29,
1995 according to one of the following: Eliminate the exemption to use
non-ethanol-based flavorings in lieu of add-on controls; restrict the
applicability of the exemption to the use of non-VOC based flavorings;
or impose monitoring and reporting requirements sufficient to determine
net increases or decreases in emissions on a mass basis relative to the
emissions that would have occurred using add-on controls on an average
not to exceed thirty days.
    (b)-(d) [Reserved]
    (e) The Commonwealth of Virginia's May 15, 1995 submittal for the 15
Percent Rate of Progress Plan (15% plan) for the Northern Virginia
portion of the Metropolitan Washington D.C. ozone nonattainment area, is
conditionally approved based on certain contingencies, for an interim
period. The conditions for approvability are as follows:
    (1) Virginia's 15% plan must be revised to account for growth in
point sources from 1990-1996.
    (2) Virginia must meet the conditions listed in the November 6, 1996
proposed conditional interim Inspection and Maintenance Plan (I/M)
rulemaking notice, remodel the I/M reductions using the following two
EPA guidance memos: ``Date by which States Need to Achieve all the
Reductions Needed for the 15 Percent Plan from I/M and Guidance for
Recalculation,'' note from John Seitz and Margo Oge, dated August 13,
1996, and ``Modeling 15 Percent VOC Reductions from I/M in 1999--
Supplemental Guidance'', memorandum from Gay MacGregor and Sally Shaver,
dated December 23, 1996.
    (3) Virginia must remodel to determine affirmatively the creditable
reductions from RFG, and Tier 1 in accordance with EPA guidance.
    (4) Virginia must submit a SIP revision amending the 15% plan with a
demonstration using appropriate documentation methodologies and credit
calculations that the 54.5 tons/day reduction, supported through
creditable emission reduction measures in the submittal, satisfies
Virginia's 15% ROP requirement for the Metropolitan Washington D.C.
nonattainment area.
    (f) Revisions to the Virginia State Implementation Plan, pertaining
to NO<INF>X</INF> RACT requirements on major sources in the Northern
Virginia Emissions Control Area, Virginia regulations 120-04-0408 and 9
VAC 5-40-311, submitted on November 9, 1992, December 11, 1992, and
August 11, 1998 by the Virginia Department of Environmental Quality are
conditionally approved. Virginia must meet the following conditions by
no later than May 30, 2000, in accordance with criteria defined in the
EPA Memorandum dated November 7, 1996 from the Director of the Air
Quality Strategies and Standards Division of the Office of Air Quality
Planning and Standards, entitled ``Approval Options for Generic RACT
Rules Submitted to Meet the Non-CTG VOC RACT Requirement and Certain
NO<INF>X</INF> RACT Requirements.'' This memorandum is available at the
office of the U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, PA 19103. These conditions are:
    (1) The VADEQ must certify, in writing, that it has submitted, as
SIP revisions, RACT determinations for all sources subject to source-
specific NO<INF>X</INF> RACT requirements; or
    (2) The VADEQ must demonstrate that the emissions from any remaining
subject sources represent a de minimis level of emissions.
[60 FR 45056, Aug. 30, 1995, as amended at 62 FR 26748, May 15, 1997; 62
FR 34007, June 24, 1997; 62 FR 49152, Sept. 19, 1997; 63 FR 1368, Jan.
9, 1998; 64 FR 22792, Apr. 28, 1999; 64 FR 47674, Sept. 1, 1999]
Sec. 52.2451  Significant deterioration of air quality.
    (a) The requirements of sections 160 through 165 of the Clean Air
Act are
[[Page 657]]
met since the plan includes approvable procedures for the Prevention of
Significant Air Quality Deterioration.
    (b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 (b) through (w) are hereby removed
from the applicable state plan for the Commonwealth of Virginia.
[63 FR 13798, Mar. 23, 1998]
Sec. 52.2452  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. The provisions of
Sec. 52.26 are hereby incorporated and made a part of the applicable
plan for the State of Virginia.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Virginia.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.2453  Requirements for state implementation plan revisions
          relating to new motor vehicles.
    Virginia must comply with the requirements of Sec. 51.120 with
respect to the portion of Virginia that in 1990 was located in the
Consolidated Metropolitan Statistical Area containing the District of
Columbia.
[60 FR 4738, Jan. 24, 1995]
Sec. 52.2454  Prevention of significant deterioration of air quality for
          Merck & Co., Inc.'s Stonewall Plant in Elkton, VA.
    (a) Applicability. (1) This section applies only to the
pharmaceutical manufacturing facility, commonly referred to as the
Stonewall Plant, located at Route 340 South, in Elkton, Virginia
(``site'').
    (2) This section sets forth the prevention of significant
deterioration of air quality preconstruction review requirements for the
following pollutants only: carbon monoxide, nitrogen oxides, ozone
(using volatile organic compounds as surrogate), particulate matter with
an aerodynamic diameter less than 10 microns (PM<INF>10</INF>), and
sulfur dioxide. This section applies in lieu of Sec. 52.21 for the
pollutants identified in this paragraph as well as particulate matter,
but not for particulate matter with an aerodynamic diameter less than or
equal to a nominal 2.5 microns (PM<INF>2.5</INF>) regulated as
PM<INF>2.5</INF>; however, the preconstruction review requirements of
Sec. 52.21, or other preconstruction review requirements that the
Administrator approves as part of the plan, shall remain in effect for
any pollutant which is not specifically identified in this paragraph and
is subject to regulation under the Act.
    (b) Definitions. For the purposes of this section:
    12-month rolling total for an individual pollutant or the total
criteria pollutants, as specified in paragraph (d) of this section, is
calculated on a monthly basis as the sum of all actual emissions of the
respective pollutant(s) from the previous 12 months.
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
    Completion of the powerhouse conversion means the date upon which
the new boilers, installed pursuant to paragraph (g) of this section,
are operational. This determination shall be made by the site based on
the boiler manufacturer's installation, startup and shakedown
specifications.
    Permitting authority means either of the following:
    (1) The Administrator, in the case of an EPA-implemented program; or
    (2) The State air pollution control agency, or other agency
delegated by the Administrator, pursuant to paragraph (o) of this
section, to carry out this permit program.
    Process unit means:
    (1) Manufacturing equipment assembled to produce a single
intermediate or final product; and
    (2) Any combustion device.
    Responsible official means:
    (1) The president, secretary, treasurer, or vice-president of the
business entity in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for the
business entity; or
[[Page 658]]
    (2) A duly authorized representative of such business entity if the
representative is responsible for the overall operation of one or more
manufacturing, production, or operating facilities applying for or
subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual
sales or expenditures exceeding $25 million (in second quarter 1980
dollars); or
    (ii) The authority to sign documents has been assigned or delegated
to such representative in accordance with procedures of the business
entity.
    Site means the contiguous property at Route 340 South, Elkton,
Virginia, under common control by Merck & Co., Inc., and its successors
in ownership, known as the Stonewall site.
    (c) Authority to issue permit. The permitting authority may issue to
the site a permit which complies with the requirements of paragraphs (d)
through (n) of this section. The Administrator may delegate, in whole or
in part, pursuant to paragraph (o) of this section, the authority to
administer the requirements of this section to a State air pollution
control agency, or other agency authorized by the Administrator.
    (d) Site-wide emissions caps. The permit shall establish site-wide
emissions caps as provided in this paragraph.
    (1) Initial site-wide emissions caps. The initial site-wide
emissions caps shall be based on the site's actual emissions during a
time period, within five years of the date of permit issuance, which
represents normal site operation. The permitting authority may allow the
use of a different time period upon a determination that it is more
representative of normal source operation. Actual site-wide emissions
shall be calculated using the actual operating hours, production rates,
and types of materials processed, stored, or combusted during the
selected time period.
    (i) Total criteria pollutant emissions cap. The permit shall
establish a total criteria pollutant emissions cap (total emissions
cap). The criteria pollutants included in the total emissions cap are
the following: carbon monoxide, nitrogen oxides, ozone (using volatile
organic compounds as surrogate), particulate matter with an aerodynamic
diameter less than 10 microns, and sulfur dioxide.
    (ii) Individual pollutant caps. The permit shall establish
individual pollutant caps for sulfur dioxide, nitrogen oxides and
PM<INF>10</INF>.
    (2) Adjustments to the site-wide emissions caps. (i) The permit
shall require that upon completion of the powerhouse conversion, the
site shall reduce the site-wide emissions caps as follows:
    (A) The total emissions cap shall be reduced by 20 percent from the
initial site-wide emissions cap established pursuant to paragraph
(d)(1)(i) of this section.
    (B) The sulfur dioxide cap shall be reduced by 25 percent from the
initial site-wide emissions cap established pursuant to paragraph
(d)(1)(ii) of this section.
    (C) The nitrogen oxide cap shall be reduced by 10 percent from the
initial site-wide emissions cap established pursuant to paragraph
(d)(1)(ii) of this section.
    (ii) The permit may specify other reasons for adjustment of the
site-wide emissions caps.
    (e) Operating under the site-wide emissions caps. (1) The permit
shall require that the site's actual emissions of criteria pollutants
shall not exceed the total emissions cap established pursuant to
paragraph (d) of this section.
    (2) The permit shall require that the site's actual emissions of
sulfur dioxide, nitrogen oxides and PM<INF>10</INF> shall not exceed the
respective individual pollutant cap established pursuant to paragraph
(d) of this section.
    (3) Compliance with the total emissions cap and individual pollutant
caps shall be determined by comparing the respective cap to the 12-month
rolling total for that cap. Compliance with the total emissions cap and
individual pollutant caps shall be determined within one month of the
end of each month based on the prior 12 months. The permit shall set
forth the emission calculation techniques which the site shall use to
calculate site-wide actual criteria pollutant emissions.
    (4) Installation of controls for significant modifications and
significant new installations. (i) This paragraph applies to significant
modifications and significant new installations. Significant
[[Page 659]]
modifications for the purposes of this section are defined as changes to
an existing process unit that result in an increase of the potential
emissions of the process unit, after consideration of existing controls,
of more than the significance levels listed in paragraph (e)(4)(ii) of
this section. Significant new installations for the purposes of this
section are defined as new process units with potential emissions before
controls that exceed the significance levels listed in paragraph
(e)(4)(ii) of this section. For purposes of this section, potential
emissions means process unit point source emissions that would be
generated by the process unit operating at its maximum capacity.
    (ii) The significance levels for determining significant
modifications and significant new installations are: 100 tons per year
of carbon monoxide; 40 tons per year of nitrogen oxides; 40 tons per
year of sulfur dioxide; 40 tons per year of volatile organic compounds;
and 15 tons per year of PM<INF>10</INF>.
    (iii) For any significant modification or significant new
installation, the permit shall require that the site install, at the
process unit, emission controls, pollution prevention or other
technology that represents good environmental engineering practice in
the pharmaceutical or batch processing industry, based on the emission
characteristics (such as flow, variability, pollutant properties) of the
process unit.
    (f) Operation of control equipment. The permit shall require that
the site shall continue to operate the emissions control equipment that
was previously subject to permit requirements at the time of issuance of
a permit pursuant to this section. This equipment shall be operated in a
manner which minimizes emissions, considering the technical and physical
operational aspects of the equipment and associated processes. This
operation shall include an operation and maintenance program based on
manufacturers' specifications and good engineering practice.
    (g) Powerhouse conversion. The permit shall require that the site
convert the steam-generating powerhouse from burning coal as the primary
fuel to burning natural gas as the primary fuel and either No. 2 fuel
oil or propane as backup fuel.
    (1) The new boilers shall be equipped with low nitrogen oxides
technology.
    (2) The site shall complete the powerhouse conversion (completion of
the powerhouse conversion) no later than 30 months after the effective
date of the permit.
    (h) Monitoring, recordkeeping and reporting. (1) The permit shall
set forth monitoring, recordkeeping, and reporting requirements
sufficient to demonstrate compliance with the site-wide emissions caps.
The monitoring, recordkeeping and reporting requirements shall be
structured in a tiered system, such that the requirements become more
stringent as the site's emissions approach the total emissions cap.
    (2) At a minimum, the permit shall require that the site submit to
the permitting authority semi-annual reports of the site-wide criteria
pollutant emissions (expressed as a 12-month rolling total) for each
month covered by the report. These reports shall include a calculation
of the total emissions cap, as well as, the emissions of sulfur dioxide,
nitrogen oxides, carbon monoxide, volatile organic compounds and
PM<INF>10</INF>.
    (3) Any reports required by the permit to be submitted on an annual
or semi-annual basis shall contain a certification by the site's
responsible official that to his belief, based on reasonable inquiry,
the information submitted in the report is true, accurate, and complete.
    (4) Any records required by the permit shall be retained on site for
at least five years.
    (i) Air quality analysis. The permittee shall demonstrate, prior to
permit issuance and on a periodic basis which shall be specified in the
permit, that emissions from construction or operation of the site will
not cause or contribute to air pollution in excess of any:
    (1) Maximum allowable increase or maximum allowable concentration
for any pollutant, pursuant to section 165 of the Act;
    (2) National ambient air quality standard or;
    (3) Other applicable emission standard or standard of performance
under the Act.
[[Page 660]]
    (j) Termination. (1) The permit may be terminated as provided in
this paragraph for reasons which shall include the following, as well as
any other termination provisions specified in the permit:
    (i) If the Administrator or the permitting authority determines that
continuation of the permit is an imminent and substantial endangerment
to public health or welfare, or the environment;
    (ii) If the permittee knowingly falsifies emissions data;
    (iii) If the permittee fails to implement the powerhouse conversion
pursuant to paragraph (g) of this section;
    (iv) If the permittee receives four consent orders or two judgments
adverse to the site arising from non-compliance with this permit in a
five year period that are deemed material by the Administrator or the
permitting authority; or
    (v) If the total emissions cap is exceeded.
    (2) In the event of termination, the Administrator or the permitting
authority shall provide the permittee with written notice of its intent
to terminate the permit. Within 30 calendar days of the site's receipt
of this notice, the site may take corrective action to remedy the cause
of the termination. If this remedy, which may include a corrective
action plan and schedule, is deemed acceptable by the Administrator or
the permitting authority (whichever agency provided written notice of
its intent to terminate the permit), the action to terminate the permit
shall be withdrawn. Otherwise, the permit shall be terminated in
accordance with procedures specified in the permit.
    (3) Termination of the permit does not waive the site's obligation
to complete any corrective actions relating to non-compliance under the
permit.
    (k) Inspection and entry. (1) Upon presentation of credentials and
other documents as may be required by law, the site shall allow
authorized representatives of the Administrator and the permitting
authority to perform the following:
    (i) Enter upon the site;
    (ii) Have access to and copy, at reasonable times, any records that
must be kept under the conditions of the permit;
    (iii) Have access at reasonable times to batch and other plant
records needed to verify emissions.
    (iv) Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment), practices, or operations
required under the permit;
    (v) Sample or monitor any substances or parameters at any location,
during operating hours, for the purpose of assuring permit compliance or
as otherwise authorized by the Act.
    (2) No person shall obstruct, hamper, or interfere with any such
authorized representative while in the process of carrying out his
official duties. Refusal of entry or access may constitute grounds for
permit violation and assessment of civil penalties.
    (3) Such site, facility and equipment access, and sampling and
monitoring shall be subject to the site's safety and industrial hygiene
procedures, and Food and Drug Administration Good Manufacturing Practice
requirements (21 CFR parts 210 and 211) in force at the site.
    (1) Transfer of ownership. The terms of the permit are transferable
to a new owner upon sale of the site, in accordance with provisions
specified by the permit.
    (m) Permit issuance. The permitting authority shall provide for
public participation prior to issuing a permit pursuant to this section.
At a minimum, the permitting authority shall:
    (1) Make available for public inspection, in at least one location
in the area of the site, the information submitted by the permittee, the
permitting authority's analysis of the effect on air quality including
the preliminary determination, and a copy or summary of any other
materials considered in making the preliminary determination;
    (2) Notify the public, by advertisement in a newspaper of general
circulation in the area of the site, of the application, the preliminary
determination, and of the opportunity for comment at a public hearing as
well as written public comment;
    (3) Provide a 30-day period for submittal of public comment;
[[Page 661]]
    (4) Send a copy of the notice of public comment to the following:
the Administrator, through the appropriate Regional Office; any other
State or local air pollution control agencies, the chief executives of
the city and county where the site is located; any State, Federal Land
Manager, or other governing body whose lands may be affected by
emissions from the site.
    (5) Provide opportunity for a public hearing for interested persons
to appear and submit written or oral comments on the air quality impact
of the site, the control technology required, and other appropriate
considerations.
    (n) Permit modifications. The permit shall specify the conditions
under which the permit may be modified by the permitting authority. The
permitting authority shall modify the permit in accordance with the
procedures set forth in this paragraph.
    (1) Permit modifications that require public participation. For any
change that does not meet the criteria for an administrative permit
modification established in paragraph (n)(2)(i) of this section, the
permitting authority shall provide an opportunity for public
participation, consistent with the provisions of paragraph (m) of this
section, prior to processing the permit modification.
    (2) Administrative permit modification. (i) An administrative permit
modification is a permit revision that:
    (A) Corrects typographical errors;
    (B) Identifies a change in the name, address, or phone number of any
person identified in the permit, or provides a similar minor
administrative change at the site;
    (C) Requires more frequent monitoring, recordkeeping, or reporting
by the permittee;
    (D) Allows for a change in ownership or operational control of a
source where the permitting authority determines that no other change in
the permit is necessary, provided that a written agreement containing a
specific date for transfer of permit responsibility, coverage, and
liability between the current and new permittee has been submitted to
the permitting authority.
    (E) Updates the emission calculation methods specified in the
permit, provided that the change does not also involve a change to any
site-wide emissions cap.
    (F) Changes the monitoring, recordkeeping or reporting requirements
for equipment that has been shutdown or is no longer in service.
    (G) Any other change that is stipulated in the permit as qualifying
as an administrative permit modification, provided that the permit
condition which includes such stipulation has already undergone public
participation in accordance with paragraph (m) of this section.
    (ii) An administrative permit modification may be made by the
permitting authority consistent with the following procedures:
    (A) The permitting authority shall take final action on any request
for an administrative permit modification within 60 days from receipt of
the request, and may incorporate such changes without providing notice
to the public, provided that the permitting authority designates any
such permit revisions as having been made pursuant to this paragraph.
    (B) The permitting authority shall submit a copy of the revised
permit to the Administrator.
    (C) The site may implement the changes addressed in the request for
an administrative permit modification immediately upon submittal of the
request to the permitting authority.
    (o) Delegation of authority. (1) The Administrator shall have the
authority to delegate the responsibility to implement this section in
accordance with the provisions of this paragraph.
    (2) Where the Administrator delegates the responsibility for
implementing this section to any agency other than a Regional Office of
the Environmental Protection Agency, the following provisions shall
apply:
    (i) Where the delegate agency is not an air pollution control
agency, it shall consult with the appropriate State and local air
pollution control agency prior to making any determination under this
section. Similarly, where the delegate agency does not have continuing
responsibility for managing land use, it shall consult with the
appropriate State and local agency primarily responsible for managing
land use prior
[[Page 662]]
to making any determination under this section.
    (ii) The delegate agency shall send a copy of any public comment
notice required under paragraph (n) of this section to the Administrator
through the appropriate Regional Office.
[62 FR 52638, Oct. 8, 1997]
Sec. 52.2460  Small business stationary source technical and
          environmental compliance assistance program.
    On November 10, 1992, the Executive Director of the Virginia
Department of Air Pollution Control 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 revision, as required by title V of the Clean Air
Act. EPA approved the Small Business Stationary Source Technical and
Environmental Compliance Assistance Program on February 4, 1994, and
made it a part of the Virginia SIP. As with all components of the SIP,
Virginia must implement the program as submitted and approved by EPA.
[59 FR 5329, Feb. 4, 1994]
Sec. 52.2465  Original identification of plan section.
    (a) This section identifies the original ``Air Implementation Plan
for the State of Virginia'' and all revisions submitted by Virginia that
were federally approved prior to March 1, 2000.
    (b) The plan was officially submitted on January 30, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Miscellaneous non-regulatory additions and errata to the plan
submitted on May 4, 1972, by the Virginia Air Pollution Control Board.
    (2) Revisions to control strategy for particulate matter, section
IV, Rules 3 and 7 of the Virginia Air Pollution Control Regulations, and
public availability of emission data regulation submitted June 30, 1972,
by the Governor.
    (3) Revisions to nitrogen dioxide control strategy regulations
section 705.05 of the Virginia Air Pollution Control Regulations,
submitted July 26, 1972, by the Governor.
    (4) Miscellaneous non-regulatory additions to the plan submitted on
February 14, 1973, by the Governor.
    (5) Transportation control plan for National Capital AQCR submitted
April 11, 1973, by the Governor.
    (6) Amendments to the National Capital AQCR Transportation Control
Plan submitted on May 30, 1973, by the Governor.
    (7) Amendments to the National Capital AQCR Transportation Control
Plan submitted on July 11, 1973, by the Governor.
    (8) Amendments to the National Capital AQCR Transportation Control
Plan submitted on July 9, 1973, by the Governor.
    (9) Miscellaneous non-regulatory additions to the plan submitted on
August 10, 1973, by the Governor.
    (10) Revision to plan setting forth control strategy for particulate
matter in the State Capital AQCR submitted August 20, 1973, by the
Governor.
    (11) Indirect Source Review plan was submitted December 6, 1973, by
the State Air Pollution Control Board.
    (12) Revisions to air quality standards for sulfur oxides section
3.703 of the Commonwealth of Virginia's Regulations for the Control and
Abatement of Air Pollution, submitted February 12, 1974, by the Virginia
Air Pollution Control Board.
    (13) AQMA designations were submitted on May 7, 1974 by the Governor
of the State of Virginia.
    (14) Revision deleting preface to the State air pollution control
regulations submitted May 24, 1974 by the Virginia Air Pollution Control
Board.
    (15) An amendment to Section 2.05(a) (Variances) former Section
2.01(f) of the Commonwealth of Virginia Regulations for the Control and
Abatement to Air Pollution submitted on August 14, 1975 by the
Commonwealth Secretary of Commerce and Resources.
    (16) A variance to allow the operation of the Alexandria City
Incinerator in excess of the federally approved particulate emission
limitations for incinerators until December 31, 1979, by the
Commonwealth Secretary of Commerce and Resources.
    (17) Amendment to section 7.02 (Episode Determination) [former
sections 6.01(b), 6.701(b)] of the Commonwealth
[[Page 663]]
of Virginia for the Control and Abatement of Air Pollution submitted on
January 29, 1976, by the Secretary of Commerce and Resources.
    (18) Amendment to sections 7.01 (General) [former section 6.700] and
7.02 (Episode Determination) [former section 6.701(b)] of the
Commonwealth of Virginia Regulations for the Control and Abatement of
Air Pollution submitted on March 11, 1977, by the Secretary of Commerce
and Resources.
    (19) Amendments to Part I, Subpart 1.01 (Certain Terms Defined) and
to Part IV, Section 4.52 (former Section 4.705.13) of the Commonwealth
of Virginia Regulations for the Control and Abatement of Air Pollution
submitted on April 16, 1974, by the Commonwealth Secretary for Commerce
and Resources.
    (20) Amendments to Part I (Definitions), Sections 1.01 and 1.02;
amendments to Part II (General), Sections 2.01, 2.03, 2.04, 2.07, 2.08,
2.10, 2.12, 2.30, and 2.31; amendments to Part III (Ambient Air Quality
Standards), Sections 3.01, 3.03 [sections 3.03(b)(1) and 3.03(b)(2) are
deleted] 3.04, 3.05, 3.06, 3.07 and deletion of Section 3.08; amendments
to Part IV (Existing Sources), Sections 4.01, 4.20, 4.40, 4.41, 4.51(b)
through 4.51(g), 4.70, 4.71, 4.80-4.86, 4.90-4.92, and 4.100-4.102 and
deletion of Section 4.07.02; amendments to Part VII (Air Pollution
Episode), Sections 7.01, 7.02, and 7.05; and amendments to Appendices A,
B, C (former Appendix A), D, E [former Section 4.08.04], G, H, and I
submitted on August 14, 1975 by the Secretary of Commerce and Resources.
    (21) Deletion of former Section 4.703.04 (Bacharach Standard)
submitted on June 16, 1976 by the Secretary of Commerce and Resources.
    (22) Amendments to Part I (Definitions), Section 1.01, submitted on
October 20, 1976 by the Secretary of Commerce and Resources.
    (23) Amendment to Section 10-17.21 of the Virginia Air Pollution
Control Law submitted August 1975 by the Commonwealth.
    (24) Amendment to subsection 4.52(e) (former section 4.705.03) of
the Virginia regulations for the control and abatement of air pollution;
submitted on April 16, 1974, as amended June 16, 1976, by the secretary
of commerce and resources.
    (25) A variance issued to the Spruance, Virginia plant of E.I.
DuPont de Nemours and Company exempting one of their boilers from Rule
EX-3 until December 31, 1980, submitted on December 13, 1978 by the
Secretary of Commerce and Resources.
    (26) On November 28, 1977 the State submitted an amendment to the
Virginia SIP consisting of a permit extension and an emission offset for
the Hampton Roads Energy Company's proposed refinery and terminal in
Portsmouth, Virginia. This submittal was supplemented by the
Commonwealth on March 17, 1978, May 26, 1978, August 9, 1978, and
October 5, 1979. The March 17th submittal included a letter dated March
6, 1978 from the Commission of the Virginia Department of Highways and
Transportation committing to a reduction of nonmethane hydrocarbon
emissions through the substitution of emulsion-based asphalt for
solvent-based asphalt thus providing the needed emission offset. This
letter is an addendum to the Virginia SIP. The State-issued permit to
HREC, as amended, is also made part of the Virginia SIP.
    (27) On January 11, 1979, the Governor submitted the nonattainment
area plans for Virginia with respect to ozone and carbon monoxide.
    (28) The following portions of Virginia's September 6, September 21,
and December 17, 1979, submittals are approved:
    (i) September 6, 1979, submittal: Section 2.33(g)(1)(vi) of the
regulation.
    (ii) September 21, 1979, submittal, the following Sections of
Virginia's regulations: Sections 4.57(b)(2)(ii); 4.55(f)(4)(i); 4.56(e);
4.52(a); 2.03(a)(1); 2.33(f)(3); Part I of the regulations, the
definitions of ``Delayed Compliance Order'' and ``Nonattainment Area;''
Sections 4.02(f)(1) through 4.02(f)(5); Appendix N; and those portions
of Sections 4.54, 4.55 and 4.56 where the phrase ``will be considered
acceptable compliance by the Board'' has been modified.
    (iii) December 17, 1979, submittal: Chapter 3, Control Strategy
Demonstration, design value for Northern Virginia.
[[Page 664]]
    (29) The following portions of Virginia's August 14, 1975, August
31, 1977, and January 11, 1979, submittals as they relate to Section
2.33 are approved:
    (i) August 14, 1975, submittal: Section 2.33 (b) and (i).
    (ii) August 31, 1977, submittal: Section 2.33(h).
    (iii) January 11, 1979, submittal: Section 2.33 (a), (c), (d), (e),
(f), (g) and (k).
    (30) Amendments of Part I (Definitions), section 1.02; Part II
(General Provisions). Sections 2.02 (a), (c), and (e) (former section
2.11 (a), (b), and (d)), section 2.05(b), section 2.11; and Part IV
(Regulations for Existing sources), sections 4.10, 4.11, and 4.13
deletion of the following regulations from Part IV: Former sections
4.03.02, 4.05.03, 4.05.04, 4.05.05(b), 4.10.03, 4.705.04, and 4.705.05
submitted on August 14, 1975 by the Secretary of Commerce and Resources.
    (31) Amendments on Part I (Definitions), section 1.02; Part III
(Ambient Air Quality Standards), section 3.02(c); Part IV (Special
Provisions), section 4.02(a), (a)(1), (a)(2), (b), (c), and (d)
(Formerly section 2.04) and section 4.03; and Part VII (Air Pollution
Episode), sections 7.04 (a), (b), (d), and (e) submitted on October 20,
1976 by the Secretary of Commerce and Resources.
    (32) Amendments of Part II, (General Provisions), section 2.02(b)
submitted on March 11, 1977, by the Secretary of Commerce and Resources.
    (33) Amendments on Part II, (General Provisions), section 2.02(d)
submitted on September 20, 1978, by the Secretary of Commerce and
Resources.
    (34) Amendments to Part II (General Provisions), section 2.06 (b)
and (c); and Part VII (Air Pollution Episode), section 7.03(d); and
deletion of Part IV (Existing Sources), Rule EX-7, section 4.07.05
submitted on August 14, 1975, by the Secretary of Commerce and
Resources.
    (35) Amendments to Part I (Definitions), section 1.02; Part II
(General Provisions), section 2.06 (a) and (d); Part III (Ambient Air
Quality Standards), section 3.02 (a) and (b); Part IV (Existing
Sources), sections 4.20, 4.21, 4.23 (formerly sections 4.41), 4.25,
4.26, 4.27, and 4.51(a), Part VII (Air Pollution Episode), former
section 4.51(b) through (g) are changed to section 4.51 (c) through (h).
Sections 7.01(b) and 7.02 (a), (b), and (d); and Appendix A; and,
deletion of former sections 4.20, 4.21, and 4.22 submitted on September
20, 1978 by the Secretary of Commerce and Resources.
    (36) Amendments to Part VII (Air Pollution Episode), sections 7.03
(c) and (e) and 7.04(c); and deletion of Part II (General Provisions),
section 2.04(a)(2) as submitted on March 11, 1977 by the Secretary of
Commerce and Resources.
    (37) Amendments to Part I (Definitions), section 1.02; Part IV
(Existing Sources), Rule EX-2, section 4.22; and Part VII (Air Pollution
Episode), section 7.03 (a) and (b) as submitted on September 21, 1979 by
the Secretary of Commerce and Resources.
    (38) A revision submitted by the Commonwealth of Virginia on March
24, 1980 which is intended to establish an Ambient Air Quality
Monitoring Network.
    (39) Amendments to Part I (Definitions), section 1.02; and Part IV
(Emission Standards for Particulate Emissions from Fuel Burning
Equipment, Rule EX-3), sections 4.30, 4.31 (except section 4.31(d)(3))
and 4.32 submitted on September 21, 1979.
    (40) A revision submitted by the Commonwealth of Virginia on January
9, 1979 consisting of an amendment to the Virginia Regulations for the
Control and Abatement of Air Pollution, Part IV, Rule EX-2, Emission
Standards for Visible Emissions.
    (41) A revision submitted by the Commonwealth of Virginia on August
13, 1979 consisting of a variance from Part IV, Rule EX-10, Sections
4.100(a)(1), (2) and (3) for preparing cars for overseas shipment at the
Exchange Service Station on the Naval Base in Norfolk, Virginia.
    (42) A variance issued to the Union Camp Corporation Particleboard
Plant located at Franklin, Virginia exempting dryers 1FSD, 2FSD, and
pre-dryer 3FSD from Part IV, Rule EX-4, Section 4.41(i) until December
15, 1981, submitted on July 28, 1980 and amended on April 16, 1981 by
the Virginia Secretary of Commerce and Resources.
    (43) The variance issued to the Norfolk Naval Shipyard located at
Portsmouth, Virginia exempting the salvage fuel-fired boilers and the
power plant
[[Page 665]]
boilers from Sections 4.22 and 4.31(a)(1) until July 31, 1982, submitted
on August 29, 1980 and amended on May 5, 1981 by the Secretary of
Commerce and Resources.
    (44) A revision submitted by the Commonwealth of Virginia on June
19, 1980 consists of a 1979 Amendment to the provisions of Section 10-
17.12 (Qualifications of members of Board) of the Virginia Air Pollution
Control Law.
    (45) A revision submitted by the Commonwealth of Virginia on August
19, 1980 consisting of amendments to Section 1.02, 4.10, 4.11, 4.12,
4.13, and 4.102; and Appendix C of the Virginia Air Pollution Control
Board Regulations.
    (46) The variance issued to the Municipal Incinerator on Oyster
Point Road located at Newport News, Virginia exempting the incinerator
from Section 4.71 until July 1, 1982, submitted on May 1, 1981 by the
Secretary of Commerce and Resources.
    (47) Amendments to Chapter 1 of all nonattainment plans; amendments
to Chapter 11 of the Richmond, Northern Virginia, Peninsula and
Southeastern plans; amendments to Chapter 9 of the Roanoke and Stafford
plans; addition of Appendices A and B to all plans; amendments to
Chapter 3 of the Northern Virginia, Peninsula, Southeastern, Roanoke and
Stafford plans; amendments to Chapter 10 of the Richmond, Peninsula and
Southeastern plans; addition of Appendix C to the Northern Virginia
Plan; and, certain revisions to Chapter 5 of all plans were submitted by
the Secretary of Commerce and Resources on April 13, 1981. Revision of
Chapter 10 of the Northern Virginia plan submitted on July 23, 1981.
    (48) The revisions submitted on December 17, 1979 by the Secretary
of Commerce and Resources related to the ozone and carbon monoxide
nonattainment area plans, except section 1.02, ``Vapor Tight'', sections
4.54(h), 4.56(h), 4.55(m)(2), and 4.57(a)(5), Chapter 3 of the Roanoke
plan, Chapter 6 of the Peninsula, Richmond, and Southeastern Virginia
plans, and Appendix P.
    (49) The May 15, 1980 revision, as amended by the April 3, 1981
revision, submitted by the Secretary of Commerce and Resources
pertaining to Chapter 9 of the Richmond and Northern Virginia
nonattainment plans. This submittal includes the State Statute
authorizing an Inspection and Maintenance program and a schedule for the
implementation of this program.
    (50) Amendments to Part II (General Provisions), Sections 2.33(a)(5)
and 2.34(i) submitted on February 19, 1981, by the Secretary of Commerce
and Resources.
    (51) Revisions to section 1.02 (Terms Defined) of Part I
(Definitions) and Section 4.51(c)(2) of Part IV (Rule EX-5, Emission
Standards for Gaseous Pollutants) were submitted by the Secretary of
Commerce and Resources, Commonwealth of Virginia, on September 28, 1978.
    (52) A revision submitted by the Commonwealth of Virginia on October
20, 1976 consisting of amendments to sections 2.34(a), 2.34(b), and
2.34(h) of the Virginia Air Pollution Control Board Regulations.
    (53) A revision submitted by the Commonwealth of Virginia on
September 20, 1978 consisting of amendments to Part I, Definitions,
modification of ``Combustion Installation''; and sections 4.02(a)(2),
4.02(e), and 4.21 of the Virginia Air Pollution Control Board
Regulations.
    (54) A revision submitted by the Commonwealth of Virginia on
September 6, 1979 consisting of amendments to Part I, Definitions;
sections 2.33(a), 2.33(c), 2.33(d), 2.33(e), 2.33(h), 2.33(k), 2.33(m),
3.05(a), 3.05(b), 3.05(c), 4.02(g) (2), (3), (4), (5), and (6), 4.23,
4.40, 4.41, 4.90, 4.91, 4.92(b), 4.93(b), 7.01(b), 7.02(a), 7.02(b),
7.02(d); and, Appendix C of the Virginia Air Pollution Control Board
Regulations.
    (55) A revision submitted by the Commonwealth of Virginia on
September 21, 1979 consisting of amendments to Part I, Definitions;
sections 2.03(c), 2.03(e), 2.09(d), 2.09(f), 2.34(c), 2.34(d), 2.34(e),
2.34(f), 2.34(g), 4.02(f) (7) through (10), 4.54(a), 4.54(b), 4.54(c),
4.54(e), 4.54(f), 4.54(g), 4.55(a), 4.56(a), 4.56(c), 4.56(d), 4.56(f),
4.56(g), 4.57(a), 4.57(b); and Appendix M of the Virginia Air Pollution
Control Board Regulations.
    (56) The variance issued to the Southside Mental Health and Mental
Retardation Support Unit located in Petersburg, Virginia exempting the
facility from Sections 4.22 and 4.31(a)(1)(ii) until June 30, 1982. It
was submitted on
[[Page 666]]
May 28, 1981 and amended on August 5, 1981.
    (57) A revision submitted by the Commonwealth of Virginia on October
20, 1976 consisting of the addition of Sections 1.02, (Definition of
Continuous Emission Monitoring); 4.04 (a) through (f); 4.05 (a) through
(e); and Appendix J, except for Part II, Sections a.2. and d.2.
    (58) A revision submitted by the Commonwealth of Virginia on
September 20, 1978 consisting of amendments to Sections 4.04 (a)(1) and
(b); 4.04(e); Appendix J; and, the addition of Sections 4.24 (a), (b)
and (c).
    (59) Amendments to sections 1.02, 4.56(f)(3), and Appendix M as
submitted on April 13, 1981 by the Secretary of Commerce and Resources.
    (60) Revisions submitted on February 16, 1981, except the compliance
schedules contained in Chapter 7, by the Secretary of Commerce and
Resources related to the ozone and carbon monoxide nonattainment plan
for the Richmond area.
    (61) Amendments to Part III, Ambient Air Quality Standards, Section
3.08, Lead, submitted on December 30, 1980 by the Secretary of Commerce
and Resources.
    (62) A variance issued to the U.S. Marine Corps Quantico Base
Central Heating Plant located in Prince William County, Virginia,
exempting their boilers from Rules EX-2 and EX-3 until October 31, 1984,
submitted on November 5, 1980, revised on December 16, 1981 and further
revised December 1, 1983 by the Commonwealth of Virginia.
    (63)  [Reserved]
    (64) Amendments to Part V, sections 5.01, 5.13, and 5.17 as
submitted on August 14, 1975 by the Secretary of Commerce and Resources.
    (65) Amendments to Part V, sections 5.02 (b) through (d), 5.03, 5.04
(b) through (d) and (f), and 5.05 as submitted on October 20, 1976 by
the Secretary of Commerce and Resources.
    (66) Amendments to Part V, sections 5.02 (a) and (e), 5.04 (a) and
(e), 5.10, 5.14, 5.15, and 5.16 as submitted September 20, 1978 by the
Secretary of Commerce and Resources.
    (67) Amendments to Part V, sections 5.40 and 5.45 as submitted on
September 6, 1979 by the Secretary of Commerce and Resources.
    (68) Amendment to Part V, section 5.12 as submitted on September 21,
1979 by the Secretary of Commerce and Resources.
    (69) Amendments to Part I, section 1.02, Part II, sections 2.31,
2.33 (a) through (e), (g), (k), and (m), Part IV, Rule EX-4, section
4.41(b)(4), Part V, Rule NS-4, sections 5.42, 5.43, and 5.44, Part VIII,
section 8.02 and Appendix L as submitted August 18, 1981 by the
Secretary of Commerce and Resources.
    (70) Revisions submitted on July 13, 1981 and August 10, 1981,
pertaining to the Inspection and Maintenance Program in the Northern
Virginia AQCR, by the Secretary of Commerce and Resources.
    (71) Amendments to Part IV, Emission Standards for Open Burning
(RULE EX-1), Section 4.11 to the Virginia Regulations for the Control
and Abatement of Air Pollution, submitted on May 26, 1982 by the
Commonwealth of Virginia.
    (72)  [Reserved]
    (73) A revision submitted by the Commonwealth of Virginia on
December 17, 1979 consisting of revisions to Chapter 3 of the Roanoke
Plan and a revised Appendix P.
    (74) Amendments to sections 1.02; 2.04(a); 2.14; 2.32(c); 2.33(j);
2.34(g); 4.02 (f) and (g); 4.54; 4.55; 4.56; 4.57; 4.94; 5.02(f);
8.02(o); and Appendix J, Part II, sections a.2. and d.2; submitted on
December 27, 1982 by the Commonwealth of Virginia.
    (75) Amendments to sections 4.56, 5.02(a), and 5.15; submitted on
January 5, 1983 by the Commonwealth of Virginia.
    (76) Amendments to section 4.51(b) of the Virginia Air Pollution
Control Board Regulations submitted on September 20, 1978 by the
Commonwealth of Virginia.
    (77)  [Reserved]
    (78) The Washington Metropolitan Air Quality Plan for the Northern
Virginia Nonattainment Area for Ozone and Carbon Monoxide Air Quality
Standards submitted by the Virginia State Air Pollution Control Board on
January 12, 1983.
    (79) Amendments to Appendix I of the Virginia Regulations for the
Control
[[Page 667]]
and Abatement of Air Pollution consisting of confirmation of local
government commitments by Fairfax County and Loudoun County to implement
the Northern Virginia nonattainment plan; submitted on December 3, 1982
by the Virginia State Air Pollution Control Board.
    (80)  [Reserved]
    (81) Amendments to sections 1.02, 2.33, 4.02, and 5.02 of the
Virginia Regulations for the Control and Abatement of Air Pollution
submitted on January 24, 1983 by the Virginia State Air Pollution
Control Board.
    (82) Amendment for an alternate compliance schedule for the Ford
Motor Company plant in Norfolk, Virginia submitted on December 30, 1982
by the Virginia State Air Pollution Control Board.
    (83) Approval of an alternative emissions reduction plan for total
suspended particulates at the Reynolds Aluminum Company's Bellwood
reclamation facility located in Chesterfield County, Virginia submitted
on April 1, 1983 by the Commonwealth of Virginia.
    (84) A variance issued to the City of Portsmouth, exempting their
Municipal Incinerator from Rule EX-7, section 4.71 for particulate
emissions until February 15, 1985, submitted on May 6, 1983 by the
Commonwealth of Virginia.
    (85) Amendments to the Department of State Police Administrative and
Procedural Regulations for the Motor Vehicle Inspection and Maintenance
 (I/M) Program submitted on December 29, 1982 by the Virginia State Air
Pollution Control Board.
    (86) Amendments to section 4.103 of the Virginia Regulations for the
Control and Abatement of Air Pollution submitted on June 5, 1984 by the
Virginia State Air Pollution Control Board.
    (87) A revision to the Virginia State Implementation Plan was
submitted on December 17, 1984 by the Virginia State Air Pollution
Control Board.
    (i) Incorporation by reference.
    (A) A letter dated November 29, 1984 from the Virginia State Air
Pollution Control Board to the Ford Motor Company containing a
compliance schedule for installing the electrophoretic deposition
process (EDP) for prime coating operations at the Norfolk assembly
plant, adopted on November 26, 1984.
    (ii) Additional material.
    (A) Technical Support Document dated November 26, 1985, prepared by
the Virginia State Air Pollution Control Board.
    (88) The repeal of Sec. 52.2420(c)(26) pertaining to a permit and
emission offset for the Hampton Roads Energy Company's proposed refinery
and terminal in Portsmouth, Virgina.
    (89) Revisions to the Virginia Regulations for the Control and
Abatement of Air Pollution were submitted on February 15, 1985 by the
Commonwealth of Virginia:
    (i) Incorporation by reference.
    (A) Letter of February 15, 1985 from the Virginia State Air
Pollution Control Board transmitting a recodification and restructuring
of the Virginia Regulations for the Control and Abatement of Air
Pollution.
    (B) The following provisions of the Virginia regulations, effective
February 1, 1985:
                     (1) Part I  General Definitions
    Sections 120-01-01, 120-01-02 (former sections 1.01, 1.02) (except
for definitions of ``dispersion technique,'' ``excessive
concentrations,'' ``good engineering practice (GEP) stack height,''
``hazardous air pollutant,'' ``nearby,'' ``stationary source'' and
``variance'').
                     (2) Part II  General Provisions
    Sections 120-02-01 through 120-02-04 (former sections 2.01-2.04);
120-02-05A (former section 2.05A); 120-02-06 through 120-02-07 (former
sections 2.06-2.07) 120-02-11, 120-02-14 (former sections 2.11, 2.14);
120-02-31, 120-02-32, and 120-02-34 (former sections 2.31, 2.32, 2.34).
    Note: SIP Sections 2.09, 2.10, 2.12, and 2.30 have been redesignated
as Sections 120-02-09, 120-02-10, 120-02-12, and 120-02-30 respectively.
There are no wording changes. SIP Section 2.33 has been moved to Part
VIII.
               (3) Part III  Ambient Air Quality Standards
    Sections 120-03-01 through 120-03-05 (former sections 3.01-3.05),
120-03-07, 120-03-08 (former Sections 3.07-3.08)
[[Page 668]]
          (4) Part IV  Emission Standards From Existing Sources
Sections 120-04-01 through 120-04-05 (except for sections 120-04-02.A.3.
and 120-04-02I).
Rule 4-4, Sections 120-04-0401, 120-04-0402.A.-C. (definitions of ``heat
input'' and ``rated capacity'' only), 120-04-0407, 120-04-0408, 120-04-
0411 through 120-04-0417.
Rules 4-5, 4-6, 4-23, and 4-38 (except for sections within each rule
pertaining to control of odors and noncriteria pollutants).
Rule 4-7  (except for sections 120-04-0706 through 120-04-0708).
Rule 4-8, Sections 120-04-0801, 120-04-0802.A.-C. (except for
definitions of ``fuel burning equipment,'' ``fuel burning equipment
installation,'' ``refuse derived fuel'' and ``total capacity''), 120-04-
0805A. and B., 120-04-0807A., 120-04-0808, 120-04-0811 through 120-04-
0817.
Rule 4-9, Sections 120-04-0901, 120-04-0902, 120-04-0909, 120-04-0910
(except for 120-04-0910.B.2.), 120-04-0911 through 120-04-0915.
Rule 4-10  (except for sections 120-04-1002.C., 120-04-1003, 120-04-
1006, 120-04-1007).
Rule 4-11  (except for sections 120-04-1104, 120-04-1110, 120-04-1111,
and the definition of ``gasoline'' in section 120-04-1102.C.).
Rule 4-12, Sections 120-04-1201, 120-04-1202.A.-C. (definition of
``chemical fertilizer'' only), 120-04-1204, 120-04-1205, 120-04-1208
through 120-04-120-04-1414.
Rule 4-13, Sections 120-04-1301, 120-04-1302.A. and B., 120-04-1305,
120-04-1306, 120-04-1309 through 120-04-1315.
Rule 4-14, Sections 120-04-1401, 120-04-1402.A. and B., 120-04-1404,
120-04-1405, 120-04-1408 through 120-04-1414.
Rule 4-15, Sections 120-04-1501, 120-04-1502.A. and B., 120-04-1504,
120-04-1505, 120-04-1508 through 120-04-1514.
Rule 4-16, Sections 120-04-1601, 120-04-1602.A. and B., 120-04-1605,
120-04-1606, 120-04-1609 through 120-04-1615.
Rule 4-17, Sections 120-04-1701, 120-04-1702.A. and B., 120-04-1704,
120-04-1705, 120-04-1708 through 120-04-1714.
Rule 4-18, Sections 120-04-1801, 120-04-1802.A.-C. (definition of ``melt
time'' only), 120-04-1805, 120-04-1806, 120-04-1809 through 120-04-1815.
Rule 4-19, Sections 120-04-1901, 120-04-1902.A. and B., 120-04-1905,
120-04-1906, 1204-04-1909 through 120-04-1915.
Rule 4-20, Sections 120-04-2001, 120-04-2002.A.-C. (definition of
``production rate'' only), 120-04-2004, 120-04-2005, 120-04-2008 through
120-04-2014.
Rule 4-21, Sections 120-04-2101, 120-04-2102.A. and B., 120-04-2105,
120-04-2106, 120-04-2109 through 120-04-2115.
Rule 4-22  (except for sections 120-04-2203, 120-04-2206 and 120-04-
2207).
Rule 4-24  (except for sections 120-04-2401.C., 120-04-2407, and 120-04-
2408).
Rule 4-25  (except for sections 120-04-2501.C., 120-04-2507, and 120-04-
2508).
Rule 4-26  (except for sections 120-04-2601.C., 120-04-2607, 120-04-
2608, and 120-04-2609.B.).
Rule 4-27  (except for sections 120-04-2701.C., 120-04-2707, 120-04-
2708, and 120-04-2709.B.).
Rule 4-28  (except for sections 120-04-2801.C., 120-04-2807, 120-04-
2808, and 120-04-2809.B.).
Rule 4-29  (except for sections 120-04-2901.C., 120-04-2907, 120-04-
2908, and 120-04-2909.B.).
Rule 4-30  (except for sections 120-04-3001.C., 120-04-3007, 120-04-
3008, and 120-04-3009.B.).
Rule 4-31  (except for sections 120-04-3101.C., 120-04-3107, 120-40-
3108, and 120-04-2609.B.).
Rule 4-32  (except for sections 120-04-3201.C., 120-04-3207, 120-04-
3208, and 120-04-3209.B.).
Rule 4-33  (except for sections 120-04-3301.C., 120-04-3307, 120-04-
3308, and 120-04-3309.B.).
Rule 4-34  (except for sections 120-04-3401.C., 120-04-3407, 120-04-
3408, and 120-04-3409.B.).
Rule 4-35  (except for sections 120-04-3501.C., 120-04-3507, 120-04-
3508, and 120-04-3509.B.).
Rule 4-36  (except for sections 120-04-3601.C., 120-04-3607, 120-04-
3608, and 120-04-3609.B.).
Rule 4-37  (except for sections 120-04-3703.D.3.b., 120-04-3707, and
120-04-3708).
Rule 4-39  (except for sections 120-04-3906 and 120-04-3507).
Rule 4-40, Sections 120-04-4001.A. and B., 120-04-4002.A., B., C.
(definitions of ``refuse'' and ``household refuse'' only).
Rule 4-41, Sections 120-04-4101, 120-04-4102, 120-04-4103.C., 120-04-
4104, and 120-04-4105.
                          Deletion of Rule EX-8
    Note: (1) All sections within each rule pertaining to control odors
and noncriteria pollutants are not part of the SIP.
    (2) Emission standards for hydrogen sulfide (sections 120-04-0406,
120-04-1105), total reduced sulfur (section 120-04-1304), and sulfuric
acid mist (section 120-04-2104) are currently not part of the SIP.
    (3) Section 120-04-3703D.3.b. (former section 4.56(e)(3)(ii))
pertaining to monthly throughput exemptions for gasoline bulk plants is
not an approved part of the SIP.
       (5) Part V  Emission Standards for New and Modified Sources
Sections 120-05-01 through 120-05-05 (except for section 120-05-02.H.).
Rule 5-1, Sections 120-05-0101, 120-05-0102.A., B., C. (definition of
``opacity'' only), 120-05-0104 through 120-05-0107.
Rule 5-4  (except for sections 120-05-0408 and 120-05-0409).
    Note: All sections within each rule pertaining to odors and
noncriteria pollutants are not part of the SIP.
                  (6) Part VII  Air Pollution Episodes
Sections 120-07-01, 120-07-02 (added).
Sections 120-07-03 through 120-07-07 (revised) (former Sections 7.01-
7.05).
[[Page 669]]
           (7) Part VIII  Permits for New and Modified Sources
    Section 120-08-01.A., B. (except for definitions of ``allowable
emissions,'' ``potential to emit,'' ``secondary emissions,'' and
``stationary source''), C. (except for C.1.b.), D. through G., and I.
through M. (former section 2.33).
    Section 120-08-03.A., B. (except for definitions of ``allowable
emissions,'' ``building, structure, or facility,'' ``net emissions
increase,'' ``potential to emit,'' ``secondary emissions,'' and
``stationary source''), C. through G. (except for F.1.), and I. through
P. (former section 8.02).
    Note: Sections pertaining to sources of hazardous pollutants
(sections 120-08-01C.1.b., 120-08-01H.2., 120-08-03C.1.b., and 120-08-
03H.2) are not part of the SIP.
                             (8) Appendices
A, D, F, G, J, K, N, P (Revised)
New E (Added)
B, H--No Change
Old E--Deleted
    (ii) Additional material.
    (A) Remainder of February 15, 1985 State submittal.
    (B) Letter with attachments from the Virginia State Air Pollution
Control Board (VSAPCB) to U.S. EPA Region III; June 21, 1985.
    (C) Letter from VSAPCB to U.S. EPA Region III; September 5, 1985.
    (D) Letter with attachments VSAPCB to U.S. EPA Region III; August 7,
1986.
    (90) Revisions to the State Implementation Plan submitted by the
Virginia Department of Air Pollution Control on February 14, 1985.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control
dated February 14, 1985 submitting a revision to the Virginia State
Implementation Plan.
    (B) The following provisions of the Virginia regulations, effective
February 1, 1985:
          (1) Part IV--Emission Standards From Existing Sources
    ``Rule 4-1, sections 120-04-0101 through 120-04-0107; deletion of
the definitions of ``fumes'' and ``mist''.
    Rule 4-4, sections 120-04-0402.C. (definitions of ``combustion
installation,'' ``combustion unit,'' ``manufacturing operation,''
``materials handling equipment,'' ``physically connected,'' ``process
operation,'' ``process unit,'' ``process weight,'' ``process weight
rate,'' and ``total capacity'' only), 120-04-0403, 120-04-0404.
    Rule 4-7, sections 120-04-0702.C., 120-04-0703, 120-04-0708.
    Rule 4-8, sections 120-04-0802.C. (definitions of ``fuel burning
equipment,'' ``fuel burning equipment installation,'' ``refuse derived
fuel,'' and ``total capacity'' only), 120-04-0803, 120-04-0804, 120-04-
0805, 120-04-0807B, Figures 4-8A, 4-8B.
    Rule 4-9, section 120-04-0903.C.
    Rule 4-10, sections 120-04-1002.C., 120-04-1003.
    Rule 4-12, sections 120-04-1202.C. (definitions of ``manufacturing
operation,'' ``materials handling equipment,'' ``physically connected,''
``process operation,'' ``process unit,'' ``process weight,'' and
``process weight rate'' only), 120-04-1203.
    Rule 4-13, sections 120-04-1302.C. (definitions of ``cross recovery
furnace,'' ``kraft pulp mill,'' ``lime kiln,'' ``recovery furnace,''
``smelt dissolving tank,'' and ``straight kraft recovery furnace''
only), 120-04-1303, 120-04-1305.
    Rule 4-14, sections 120-04-1402.C., 120-04-1403.
    Rule 4-15, sections 120-04-1502.C. (except for definition of ``coal
preparation plant''), 120-04-1503; deletion of the definition ``air
table.''
    Rule 4-16, sections 120-04-1602.C., 1120-04-1603.
    Rule 4-17, sections 120-04-1702.C., 120-04-1703.
    Rule 4-18, sections 120-04-1802.C. (definitions of ``aluminum
production operation,'' ``brass or bronze,'' ``brass or bronze
production,'' ``ferroalloy production operation,'' ``gray iron foundry
operation,'' ``lead,'' ``magnesium product operation,'' ``primary copper
smelter,'' ``primary lead smelter,'' ``primary metal operation,''
``primary zinc smelter,'' ``secondary lead production operation,''
``secondary metal operation,'' ``steel foundry operation,'' and ``zinc
processing operation'' only), 120-04-1803.
    Rule 4-19, sections 120-04-1902.C., 120-04-1903.
    Rule 4-20, sections 120-04-2002.C., 120-04-2003.
       (2) Part V--Emission Standards for New and Modified Sources
    Rule 5-1, sections 120-05-0102.C. (definitions of ``fugitive dust,''
``fugitive emissions,'' and ``six minute period'' only), 120-05-0103,
120-05-0104.
                             (3) Appendix Q
    (ii) Additional materials.
    (A) Remainder of the February 14, 1985 submittal.
[[Page 670]]
    (B) Letters of June 21, 1985 and September 5, 1985 from the Virginia
State Air Pollution Control Board to EPA.
    (91) Revisions to the State Implementation Plan for the good
engineering practice (GEP) stack height requirements submitted on May
12, 1986 by the Virginia State Air Pollution Control Board:
    (i) Incorporation by reference.
    (A) Letter of May 12, 1986 from the Executive Director, Virginia
State Air Pollution Control Board, transmitting the revised good
engineering practice (GEP) stack heights requirements.
    (B) Revised Regulations 120-01-02 (Revised definitions of dispersion
technique, elevated terrain, Excessive Concentrations, GEP Stack Height,
Nearby, Stack, Stack in Existence), 120-04-02I, and 120-04-02H of the
Virginia Regulations for the Control and Abatement of Air Pollution,
adopted April 7, 1986, and effective June 6, 1986.
    (C) Deletion of the following definitions from Regulation 120-01-02:
Elevated Terrain, Plume Impaction
    (ii) Additional material.
    (A) Remainder of the official State submittal, transmitted on May
16, 1986.
    (92) Revisions to the State Implementation Plan submitted by the
Virginia Department of Air Pollution Control regarding non-CTG RACT
requirements for aluminum rolling mills applicable to Reynolds Metals in
Richmond, Virginia on December 17, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control
dated December 17, 1987 submitting a revision to the Virginia State
Implementation Plan.
    (B) Consent Agreement and Order (DSE-597-87) between the Virginia
State Air Pollution Control Board and Reynolds Metals Company dated
December 21, 1987 and effective May 1, 1988.
    (ii) Additional materials.
    (A) Letter dated May 4, 1988 from James E. Sydnor, Assistant
Executive Director, Programs, VASAPCB to Jesse Baskerville, EPA Region
III responding to EPA's comments submitted for the public hearing on
November 9, 1987 regarding the Reynolds RACT determination.
    (B) Technical Support Document prepared by Reynolds Metals Company,
dated September 30, 1987.
    (93) Revisions to the State Implementation Plan submitted by the
Virginia Department of Air Pollution Control on March 26, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control
dated March 26, 1991 submitting a revision to the Virginia State
Implementation Plan.
    (B) Agreement between the State Air Pollution Control Board of the
Commonwealth of Virginia and the Aqualon Company (Source Registration
No. 50363) reducing allowable emissions of sulfur dioxide, dated
September 24, 1990 and September 26, 1990.
    (ii) Additional materials.
    (A) Remainder of the State Implementation Plan revision request
submitted by the Virginia Department of Air Pollution Control on March
26, 1991.
    (94) Addition of Section 120-08-04 (Permits--operating) to Part VIII
of the Virginia Regulations for the Control and Abatement of Air
Pollution submitted on July 18, 1991 by the Virginia Department of Air
Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of July 18, 1991 from the Virginia Department of Air
Pollution Control transmitting a revision to the Virginia State
Implementation Plan.
    (B) Regulation 120-08-04 (Permits--operating) of Part VIII, Virginia
Regulations for the Control and Abatement of Air Pollution, effective
July 1, 1991.
    (ii) Additional material.
    (A) Remainder of July 18, 1991 State submittal.
    (95) Revisions to the State Implementation Plan submitted by the
Virginia Department of Air Pollution Control on April 29, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control
dated April 29, submitting a revision to the Virginia State
Implementation Plan.
    (B) Consent Agreement and Order No. DTE-179-91 between Nabisco
Brands, Inc. and the Virginia State Air Pollution Control Board,
effective on April 24, 1991.
[[Page 671]]
    (ii) Additional materials.
    (A) Technical Support Document for the RACT Determination for
Nabisco Brands, Inc., Henrico County, VA; Consent Agreement and Order
No. DTE-179-91.
    (96) Revisions to the State Implementation Plan submitted by the
Virginia Department of Air Pollution Control on December 16, 1991.
    (i) Incorporation by reference. (A) Letter from the Virginia
Department of Air Pollution Control dated December 6, 1991 submitting a
revision to the Virginia State Implementation Plan.
    (B) Agreement between the State Air Pollution Control Board of the
Commonwealth of Virginia and Burlington Industries (Source Registration
No. 30401) reducing allowable emissions of sulfur dioxide, dated
November 19, 1991.
    (ii) Additional materials. (A) Remainder of the State Implementation
Plan revision request submitted by the Virginia Department of Air
Pollution Control on December 16, 1991.
    (97) Revision to the State Implementation Plan submitted by the
Virginia Department of Air Pollution Control on September 28, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control
dated September 28, 1989 submitting a revision to the Virginia State
Implementation Plan.
    (B) ``Regulation for the Control of Motor Vehicle Emissions'' (VR
120-99-01), as published in The Virginia Register of Regulations
(Monday, July 31, 1989--Volume 5, Issue 22), with an effective date of
October 1, 1989.
    (C) ``Regulation for Vehicle Emission Control Program Analyzer
Systems'' (VR 120-99-02), as published in The Virginia Register of
Regulations (Monday, November 21, 1988--Volume 5, Issue 4), with an
effective date of January 1, 1989.
    (ii) Additional materials.
    (A) The remainder of the State submittal.
    (98) Revisions to the State Implementation Plan submitted by the
Virginia Department of Air Pollution Control on February 14, 1985.
    (i) Incorporation by reference.
    (A) Letter from the Commonwealth of Virginia dated February 14,
1985, submitting a revision to the Virginia State Implementation Plan.
    (B) The following provisions of the Virginia Regulations for the
Control and Abatement of Air Pollution, effective February 1, 1985:
(1) Part I General Definitions.
    Section 120-01-02 (Definition of ``variance'').
(2) Part IV Emission Standards from Existing Sources.
    Rule 4-4, Section 120-04-0405.
    Rule 4-8, Section 120-04-0806.
    Rule 4-9, Section 120-04-0904.
    Rule 4-11, Section 120-04-1104.
    Rule 4-15, Section 120-04-1503C. (Definition of ``coal preparation
plant'')
    Rule 4-16, Section 120-04-1604.
    Rule 4-18, Section 120-04-1804.
    Rule 4-19, Section 120-04-1904.
    Rule 4-21, Sections 120-04-2102C. (Definition of ``sulfuric acid
production unit'') and 120-04-2103.
    Rule 4-22, Section 120-04-2203.
    Deletion of Section 4.50 of the Virginia Regulations for the Control
and Abatement of Air Pollution in effect before February 1, 1985.
    (ii) Additional material.
    (A) Remainder of the February 14, 1985, State submittal pertaining
to: The revised definitions of ``variance,'' ``coal preparation plant,''
and ``sulfuric acid production unit''; and Virginia's revised sulfur
dioxide provisions.
    (B) Letter dated July 14, 1986, from the Virginia State Air
Pollution Control Board to EPA.
    (99) Revisions to the Commonwealth of Virginia Regulations Volatile
organic compound (VOC) RACT Fix-up regulations submitted on May 10,
1991, by the Department of Environmental Quality formerly the Virginia
Department of Air Pollution Control: Effective date July 1, 1991.
    (i) Incorporation by reference.
    (A) Letter of May 10, 1991, from the Department of Environmental
Quality transmitting VOC RACT Fix-up regulations.
    (B) The following Commonwealth of Virginia regulations effective
July 1, 1991:
    (1) Part I; section 120-01-02 (revised definition of ``actual
emissions rate'', ``department'', ``emissions unit'', ``volatile organic
compound'')
[[Page 672]]
    (2) Part II sections:
120-02-08 A., B.
120-02-34 C., J.
    (3) Part IV sections:
120-04-01 B., C.
120-04-02 C., D., F., H.
120-04-03 A.
120-04-04 F.
120-04-05 E., F., G.
    Rule 4-4 sections:
120-04-0402 (definition of ``combustion unit'', ``manufacturing
operation'', ``reasonably available control technology'')
120-04-0407 A., B., C.
sections 120-04-0407 through 120-04-0408 have been renumbered to 120-04-
0408 through 120-04-0409; sections 120-04-0411 through 120-04-0416 have
been renumbered to 120-04-0412 through 120-04-0417, section 120-04-0417
has been renumbered to 120-04-0418.
    Rule 4-5 sections:
120-05-0501 B.
120-05-0503 A.1., B.1., C.1., C.2., D.1.
120-05-0504 A.2., B.4., B.5., C.4., D.1.e.
    Rule 4-6 sections:
120-04-0601 B.
120-04-0603 A.1., B.1.,C.1., D.1.
120-04-0604 A.2., A.3., B.3., B.4.
    Rule 4-11 sections:
120-04-1102 (revised definition of ``condensate crude oil'')
120-04-1106 A.1., B.1., C.1., C.2., D.
120-04-1107 B.3.
    Rule 4-24 sections:
120-04-2401 A., B., C (deleted)
120-04-2403 A.1., B.1., C.1.
120-04-2404 A.1.a.3., B.1.c.5., C.1.e.5.
    Rule 4-25 sections:
120-04-2501 A., B., C.
120-04-2503 A.1., A.3., B.1., B.3., B.4., C.1., C.3.
120-04-2504 A.2., B.1.b., C.1.b.
    Rule 4-26 sections:
120-04-2601 C. (deleted)
D. (replaces previous C.)
120-04-2602 (new definition for ``coating application system'', and
``oven'')
120-04-2603 A. (introduction revised), A.1., B. (introduction revised),
B.1., D.
120-04-2604 A.6., A.7., B.5., B.6.
120-04-2609 B., C.
    Rule 4-27 sections:
120-04-2701 A., B., C. (deleted),
D. (renumbered C.)
120-04-2702 C. (added definitions for ``coating application system'';
deleted definition for ``coating line''; modified definition for
``oven'')
120-04-2703 A., C.
120-04-2704 (introduction revised), C., D.
120-04-2709 B., C.
    Rule 4-28 sections:
120-04-2801 A., B., C. (deleted), D. (renumbered C.)
120-04-2802 C. (added definition for ``anti-chip coating'', ``clear
coating'', ``coating application system'', ``electrocoat primer'',
``extreme environmental conditions'', ``extreme performance coatings'',
``guidecoat'', ``topcoat'', modified definitions for: ``automobile'',
``light-duty truck'' and deleted definition for ``coating line''
120-04-2803 A.1., B. (added in its entirety), C., D., E., F., and G.
(formerly B., C., D., E., F., now revised/renumbered).
120-04-2804 A., A.5., A.6., B. (added), C., D., E., (formerly B., C.,
D., have been revised/renumbered).
120-04-2809 B., C.
    Rule 4-29 sections:
120-04-2901 A., B., C. (deleted), D. (renumbered/revised to C.)
120-04-2902 C., (deleted definition of ``coating line'', addition of
definition for ``coating application system'', definition modified
``oven'')
120-04-2903 A.1., B.1., C.1., D.1., E.
120-04-2904 A. (introduction revised), A.5., A.6., B. (introduction
revised). B.5., B.6., C. (introduction revised), C.4., D.
120-04-2909 B., C.
    Rule 4-30 sections:
120-04-3001 A., B., C. (revised) and D. (deleted), C.2.,
120-04-3002 C. (deleted definition of ``coating line'', added definition
of ``coating application system'', modified definition of ``oven'')
120-04-3003 A., C.
120-04-3004 (introduction revised), D., E.
120-04-3009 B., C.
    Rule 4-31 sections:
120-04-3101 A., B., C. (deleted), D. (revised/renumbered C.)
120-04-3102 C. (deleted definition of ``coating line''; added definition
of ``coating application system''; modified definition of ``oven'', and
``fabric coating'').
120-04-3103 A., D., E. (added)
120-04-3104 (introduction revised), F.
120-04-3109 B., C. (added)
    Rule 4-32 sections:
120-04-3201 A., B., C. (deleted), D. (revised/renumbered C.)
120-04-3202 C. (deleted definitions for ``coating line''; added
definition of ``coating application system''; modified definition of
``oven''.)
120-04-3203 A., C.
[[Page 673]]
120-04-3204 (introduction revised), D., E.
120-04-3209 B., C. (added)
    Rule 4-33 sections:
120-04-3301 A., B., C. (deleted), D. (renumbered/revised C.)
120-04-3302 C. (deleted definitions of ``coating line''; added
definition of ``coating application system''; modified definition of
``oven''.)
120-04-3303 A., C. (added)
120-04-3304 (introduction revised), F., G.
120-04-3309 B., C. (added)
    Rule 4-34 sections:
120-04-3401 B., C., D.1.b., D.4.
120-04-3402 (modified definitions of ``coating application system'',
``clear coating'', extreme performance coatings'', and ``oven''), G.
120-04-3403 D. (added)
120-04-3404 (introduction revised) F., G.
120-04-3409 B., C. (added)
    Rule 4-35 sections:
120-04-3501 A., B., C. (deleted), D. (revised/renumbered as C.)
120-04-3502 (modified definitions of ``coating application system'' and
``oven''.)
120-04-3503 D. (added)
120-04-3504 (introduction revised), F., G.
120-04-3509 B., C.
    Rule 4-36 sections:
120-04-3601 B., C., D.1.b., D.2. (deleted), D.3. (revised/renumbered
D.2.)
120-04-3602 C. (added definitions for ``high-solids ink'', ``low-solvent
ink'', ``printing process'', modified definition of ``publication
rotogravure printing'' and ``waterborne inks.'')
120-04-3603 (the following were deleted: A., B., C.), A. (new/revised),
B. (formerly D., modified), C. (formerly E. was modified)
120-04-3604 deleted
120-04-3609 B.
    Rule 4-37 sections:
120-04-3701 A., B.
120-04-3702 (modified definitions of ``crude oil'' and ``custody
transfer''.)
120-04-3703 A.1., A.3., A.4. (added), B.1., D.3., E.1., E.3.a. through
E.3.d. was revised to E.3.a. through E.3.b.; revisions were made to the
following: F.1., F.3., F.8., F.10., F.11., F.16. (deleted)
120-04-3704 A.1.b., B.1.b., C.1.d., D.1.c., E.2.c.
    Rule 4-38 section:
120-04-3801 B.
    Rule 4-39 section:
120-04-3901 B.
    (4) Part V sections:
120-05-01 the following were added: C. and D.
120-05-02 the following were revised: C., D., F.; G. (deleted)
120-05-03 A.
120-05-04 A. and F. were revised.
120-05-05 the following were added: E. and F. H. (formerly F.
renumbered)
    (5) Part VII sections:
120-07-01
120-07-02 C. (modified definition of ``air pollution episode'')
120-07-04 B.1., B.1.b., B.2.a., B.3.a., B.4.a., B.5.a.
    (6) Appendix K
    (7) Appendix N
    (8) Appendix P
    (9) Appendix R I., II.B., II.D., II.E., II.F., II.G., II.H., II.I.,
II.J., II.K., II.L., II.M., II.N., II.O., II.P., III.V. (deleted), VI.,
VIII.
    (10) Appendix S (revised and renamed in its entirety to include
other appendices)
    (11) Appendix T (deleted in its entirety and revised to be included
in new appendix S.)
    (ii) Additional material.
    (A) Remainder of May 10, 1991, Commonwealth's submittal.
    (100) Revisions to the Commonwealth of Virginia Regulations
Oxygenated Gasoline Program regulations submitted on November 1, 1993,
by the Department of Environmental Quality, formerly the Virginia
Department of Air Pollution Control: Effective date November 1, 1993.
    (i) Incorporation by reference.
    (A) Letter of November 1, 1993, from the Department of Environmental
Quality transmitting Oxygenated Gasoline Program regulations.
    (B) Addition of VR 115-04-28 Regulation Governing the Oxygenation of
Gasoline.
    (ii) Additional materials.
    (A) Remainder of November 13, 1992, and November 1, 1993, State
submittals.
    (101) Revisions to the Virginia regulation for the control of
volatile organic compounds emitted from petroleum liquid storage and
transfer operations, primarily related to the addition of Stage II vapor
recovery equipment on gasoline refueling equipment, as submitted on
November 5, 1992 by the Virginia Department of Air Pollution Control
(now the Virginia Department of Environmental Quality).
    (i) Incorporation by reference.
[[Page 674]]
    (A) Letter of November 5, 1992, from the Virginia Department of Air
Pollution Control requesting approval of revisions to the Commonwealth's
State Implementation Plan's requirements for volatile organic compounds
from petroleum liquid storage and transfer operations, primarily
concerning the addition of provisions for Stage II vapor recovery
systems.
    (B) Virginia Regulation VR 120-01, Part IV (Rule 4-37), with an
effective date of January 1, 1993.
    (C) Appendix S to VR 120-01, Part IV (Rule 4-37), having an
effective date of January 1, 1993.
    (D) Virginia Department of Air Pollution Control's Air Quality
Program Policies and Procedures document entitled ``Procedures for
Implementation of Regulations Covering Stage II Vapor Recover Systems
for Gasoline Dispensing Facilities'' (AQP-9). The effective date of this
document is January 1, 1993.
    (ii) Additional material.
    (A) Remainder of November 5, 1992, State submittal.
    (B) Letter dated August 18, 1993, from the Virginia Department of
Environmental Quality transmitting Virginia's request that section
III.F.2 of Virginia's policies and procedures document entitled
``Procedures for Implementation of Regulations Covering Stage II Vapor
Recover Systems for Gasoline Dispensing Facilities'' (AQP-9) be included
in the Commonwealth's State Implementation Plan.
    (102) Revisions to the Virginia State Implementation Plan submitted
on November 4, 1992 by the Virginia Department of Air Pollution Control.
    (i) Incorporation by reference.
    (A) Letter of November 4, 1992 from the Virginia Department of Air
Pollution Control transmitting amendments to the Virginia State
Implementation Plan pertaining to Virginia's air quality regulations,
Virginia State Air Pollution Control Board Regulations for the Control
and Abatement or Air Pollution.
    (B) The following revisions to Virginia's air quality regulations,
adopted by the Virginia State Air Pollution Control Board on October 30,
1992, effective January 1, 1993:
    (1) Amendments to section 120-01-02, the definition for the term
volatile organic compound.
    (2) Amendments to appendix P, pertaining to emission control areas.
    (ii) Additional material.
    (A) Remainder of Virginia's November 4, 1992 State submittal
pertaining to section 120-01-02 and appendix P.
    (103)  Revisions to the Commonwealth of Virginia Regulations State
Implementation Plan submitted on November 4, 1992 by the Virginia
Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of November 4, 1992 from the Virginia Department of
Environmental Quality transmitting a revised regulation to require
owners of stationary sources in emissions control areas to submit
emission statements annually.
    (B) Amendments to Title VR 120-01, addition of paragraph B to
section 120-02-31 and the addition of Appendix S including referenced
document AQP-8, procedures for Preparing and submitting Emission
Statements for Stationary Sources. Effective on January 1, 1993.
    (ii) Additional Material.
    (A) Remainder of November 4, 1992 State submittal related emission
statements.
    (104) Revisions to the Virginia Regulations for the Control and
Abatement of Air Pollution submitted on February 14, 1985 by the
Virginia Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of February 14, 1985 from the Virginia Department of Air
Pollution Control transmitting a revision to the Virginia State
Implementation Plan.
    (B) The following provisions of the Virginia regulations, effective
February 1, 1985:
    (1) Revisions to Part IV, Rule 4-41 (Mobile Sources), Sections 120-
04-4103A. and 120-04-4103B.
    (2) Deletion of SIP Regulation 4.52.
    (ii) Additional material.
    (A) Remainder of February 14, 1985 State submittal pertaining to the
revised provisions of Section 120-04-4103 and the deletion of SIP
regulation 4.52.
    (105) Revisions to the Virginia Regulations For the Control and
Abatement
[[Page 675]]
of Air Pollution submitted on April 12, 1989 by the Virginia Department
of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control
dated April 12, 1989 submitting a revision to the Virginia State
Implementation Plan.
    (B) The following provisions of the Virginia regulations, effective
October 1, 1986.
    (1) Part I Definitions. Section 1.02 (Definitions of ``Reference
method,'' ``Reid vapor pressure,'' ``Stationary source,'' ``True vapor
pressure'' and ``Vapor pressure'').
    (2) Part IV Emission Standards from Existing Sources.
    Rule 4-5, Sections 120-08-0502C. (Definitions of ``Condenser,''
``Production equipment exhaust system,'' ``Reactor'' and ``Synthesized
pharmaceutical products manufacturing'') and 120-04-0504C.3.b. (Control
Technology Guidelines)
    Rule 4-21, Sections 120-04-2102C. (Definitions of ``Sulfuric acid
mist'' and ``Sulfuric acid production unit'') and 120-04-2110E.
(Monitoring)
    Rule 4-34, Section 120-04-3402C. (Definitions of ``Application
area,'' ``Carbon adsorption system,'' ``Coating applicator,'' ``Extreme
environmental conditions,'' ``Flashoff area,'' ``Miscellaneous metal
parts and products'' and ``Major groups'')
    Rule 4-37, Sections 120-04-3702C. (Definitions of ``Bulk gasoline
plant,'' ``Bulk gasoline terminal,'' ``Condensate,'' ``External floating
roof,'' ``Gasoline,'' ``Gasoline dispensing facility,'' ``Internal
floating roof,'' ``Liquid-mounted,'' ``Petroleum liquids,'' ``Petroleum
refinery,'' ``Submerged fill pipe,'' ``vapor-mounted,'' ``Vapor tight''
and ``Waxy, heavy pour crude oil'') and 120-04-3704C.2.b (Control
Technology Guidelines)
    Rule 4-41, Sections 120-04-4102C. (Definitions of ``Mobile source''
and ``Motor vehicle'') and 120-04-4105B.2. (Export/Import of Motor
Vehicles)
    (3) Part VIII Permits.
    Section 120-08-01 (Permits--New and Modified Stationary Sources),
subsections 120-08-01B3. (definitions of ``Allowable emissions,''
``Begin actual construction,'' ``Commence,'' ``Construction,''
``Emissions units,'' ``Federally enforceable,'' ``Fixed capital cost,''
``Major modification,'' ``Major stationary source,'' ``Modification,''
``Modified source,'' ``Necessary preconstruction approvals or permits,''
``New source,'' ``Potential to emit,'' ``Public comment period,''
``Reactivation,'' ``Reconstruction,'' ``Secondary emissions,'' ``State
enforceable,'' ``Stationary source'' and ``Uncontrolled emission rate'')
and 120-08-01C.4.d. (General)
    Section 120-08-03 (Permits--Major Stationary Sources and Major
Modifications Locating in Nonattainment Areas), subsections 120-08-
03B.3. (all terms) and 120-08-03N.7. (Offsets)
    (ii) Additional material.
    (A) Remainder of February 12, 1989 State submittal pertaining to the
revised provisions of Parts I, IV and VIII.
    (106) Revisions to the Virginia State Implementation Plan submitted
on November 6, 1992 by the Virginia Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of November 6, 1992 from the Virginia Department of
Environmental Quality transmitting revisions to Virginia's State
Implementation Plan, pertaining to volatile organic compound
requirements in Virginia's air quality regulations adopted by the
Virginia State Air Pollution Control Board on October 30, 1992 and
effective on January 1, 1993.
    (B) Revisions to Sec. 120-04-0407 (A), (B), and (C) that lower the
applicability threshold for RACT to 50 tons per year in the Virginia
portion of the Metropolitan Washington, D.C. serious ozone nonattainment
area and add a RACT compliance date of May 31, 1995 for major VOC
sources in the Richmond moderate ozone nonattainment area, and the
Virginia portion of the Metropolitan Washington, D.C. nonattainment
area, effective January 1, 1993.
    (ii) Additional material.
    (A) Remainder of State submittal pertaining to Sec. 120-04-0407.
    (107) The carbon monoxide redesignation and maintenance plan for the
Counties of Arlington and Alexandria, Virginia submitted by the Virginia
Department of Environmental Quality on October 4, 1995, as part of the
Virginia SIP. The emission inventory projections are included in the
maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of October 4, 1995 from the Virginia Department of
Environmental Quality requesting the redesignation and submitting the
maintenance plan.
    (B) Maintenance Plan for the Virginia portion of the Metropolitan
[[Page 676]]
Washington Carbon Monoxide Nonattainment Area adopted on September 20,
1995.
    (ii) Additional material.
    (A) Remainder of October 4, 1995 State submittal.
    (108) Revisions to the Virginia Regulations for the Control and
Abatement of Air Pollution submitted on March 18, 1993 by the Virginia
Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of March 18, 1993 from the Virginia Department of Air
Pollution Control transmitting revisions governing confidentiality of
information.
    (B) Revisions to Virginia regulations sections 120-01-02C.
(definition of ``confidential information'') and 120-02-30 (revisions to
paragraphs 30A. and 30B.; addition of paragraphs 120-02-30C. through
30E.), adopted October 30, 1992 and effective February 1, 1993.
    (ii) Additional material.
    (A) Remainder of the March 18, 1993 State submittal pertaining to
both the definition of ``confidential information'' and the revised
provisions to Section 120-02-30.
    (109) Revisions to the Virginia Regulations for the Control and
Abatement of Air Pollution submitted on March 29, 1993 by the Virginia
Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of March 29, 1993 from the Virginia Department of Air
Pollution Control transmitting revisions governing confidentiality of
information.
    (B) The following provisions of the Virginia regulations, adopted
October 30, 1992 and effective January 1, 1993.
    (1) Revisions to Sections 120-08-01A.; 120-08-01C.4; 120-08-01D.;
120-08-01F. [former SIP Section 120-08-01G.]; 120-08-01G. (except for
paragraphs .01G.1, .01G.4.a, and .01G.4.b); 120-08-01H. (except for
paragraph .01H.1) [former SIP Section 120-08-01F, except for paragraph
.01F.2]; 120-08-01I. (except for paragraph .01I.2) [former SIP Section
120-08-01L., except for paragraph .01L.2]; 120-08-01J. [former SIP
Section 120-08-01H.]; 120-08-01K.; 120-08-01L. [former SIP Section 120-
08-01J.]; 120-08-01M. [former SIP Section 120-08-01K.]; 120-08-01P.
[former SIP Section 120-08-01M.]; Addition of Sections 120-08-01N and
120-08-01O.
    (2) Revisions to to following definitions in Section 120-08-01B.:
``allowable emissions,'' ``commence,'' ``federally enforceable,''
``modification,'' ``potential to emit,'' ``secondary emissions'' and
``stationary source.''
    (3) Revisions to Appendix R, Sections I (title only), II.A, II.P,
II.Q (added), II.R (added), III.A, III.C, III.E, III.G, III.I, III.L,
III.T, III.U, IV., V., and VIII.
    (ii) Additional material.
    (A) Remainder of the March 29, 1993 State submittal pertaining to
the revisions to Section 120-08-01 (except for paragraphs .01G.1,
.01G.4.a, .01G.4.b, .01H.1, .01I.2, and .01J.2) and Appendix R listed in
paragraphs (c)(109)(i)(B) (1) through (3) of this section.
    (B) Letter of March 18, 1996 from the Virginia Department of
Environmental Quality, Air Division, clarifying the effect of the
exemption of wood sawmills from the provisions of Section 120-08-01
(Appendix R, Section II.R).
    (110) Alternative Compliance Plans submitted on November 4, 1986 by
the Virginia State Air Pollution Control Board:
    (i) Incorporation by reference.
    (A) Letter of November 4, 1986 from the Virginia State Air Pollution
Control Board transmitting alternative compliance plans for the Reynolds
Metals--Bellwood and South Plants, Richmond, Virginia.
    (B) The below-described Consent Agreements and Orders between the
Commonwealth of Virginia and the Reynolds Metals Company, effective
October 31, 1986:
    (1) DSE-413A-86--Consent Agreement and Order Addressing Reynolds
Metals Company's Bellwood Printing Plant (Registration No. 50260).
    (2) DSE-412A-86--Consent Agreement and Order Addressing Reynolds
Metals Company's Richmond Foil Plant (Registration No. 50534).
    (ii) Additional material.
    (A) Remainder of November 4, 1986 State submittal.
    (B) Letter of February 12, 1987 from the Virginia State Air
Pollution Control Board.
    (111)-(112)  [Reserved]
    (113) Revisions to the Virginia State Implementation Plan submitted
April
[[Page 677]]
22, 1996 by the Virginia Department of Environmental Quality.
    (i) Incorporation by reference.
    (A) Letter of April 22, 1996 from the Virginia Department of
Environmental Quality transmitting revisions to Virginia's State
Implementation Plan, pertaining to regulations to control sources of
volatile organic compounds (VOC).
    (B) Revisions to the following Virginia regulations adopted by the
Virginia State Air Pollution Control Board on December 19, 1995 and
effective April 1, 1996:
    (1) Added Definitions to 9-VAC 5-10-20 (General Definitions) (Former
SIP Section 120-01-02)--``Federally enforceable'', ``Implementation
plan'', ``Potential to Emit'', and ``State enforceable''; and revised
definitions to 9-VAC 5-10-20 for ``Administrator'' and ``Volatile
organic compound''.
    (2) Revisions to Article 4, Rule 4-4, ``Emission Standards for
General Process Operations'' (Former SIP Citation--Part IV, Rule 4-4),
sections 9 VAC 5-40-300A. (citation only), B., and C. (Former SIP
Sections 120-04-0407A., B, and C).
    (3) Revisions to Article 4, Rule 4-4, section 9-VAC 5-40-420 (Former
SIP Section 120-04-0419)--Introductory paragraph and paragraphs 5-40-
420.1 through .5 are revised, while paragraph 5-40-420.6 is added.
    (4) Revisions to Article 36, Rule 4-36 ``Emission Standards for
Flexographic, Packaging Rotogravure, and Publication Rotogravure
Printing Lines'' (former Part IV, Rule 4-36), sections 9 VAC 5-40-5060,
subsections A., B. (citation only), C., and E.1 and .2 (Former SIP
sections 120-04-3601.A. through D.1 and D.2); additions of sections 9
VAC 5-40-5060.D and .E.3.
    (5) Revisions to Article 36, Rule 4-36, sections 9 VAC 5-40-5070.A.,
B. (citations only), (Former SIP section 120-04-3602.A., B.); C.
(revised definitions for ``Flexographic printing'', ``High-solids ink or
surface coating'', ``Low-solvent ink or surface coating'', ``Packaging
rotogravure printing'', ``Printing'', ``Publication rotogravure
printing'', ``Waterborne ink or surface coating'' and added definitions
for ``Compliant ink or surface coating'', ``Cleaning solutions'',
``Electrostatic duplication'', ``Letterpress printing'', ``Lithographic
printing'', ``Non-compliant ink or surface coating'', ``Printing Line'',
``Surface coating'' and ``Web''; deletion of ``Roll printing'') (Former
SIP section 120-04-3602.C.).
    (6) Revisions to Article 36, Rule 4-36, Sections 9 VAC 5-40-5080.A.
(Former SIP section 120-04-3603.A.); Addition of Section 9 VAC 5-40-
5080.B.; Deletion of SIP Sections 120-04-3603.B., C.; Revisions to
Sections 9 VAC 5-40-5130.A., B. (Former SIP sections 120-04-3609.A.,
B.); Addition of Sections 9 VAC 5-40-5130.C., D., E.; Revisions to
Section 9 VAC 5-40-5140.A. (Former SIP section 120-04-3610.A.); Addition
of Section 9 VAC 5-40-5140.B.; Revisions to Sections 9 VAC 5-40-5190
(Former SIP Section 120-04-3615)--Introductory paragraph and paragraphs
5-40-5190.1 through .5 are revised, while paragraph 5-40-5190.6 is
added.
    (7) Revised citations of Article 36, Rule 4-36, Sections 9 VAC 5-40-
5090, 5-40-5100, 5-40-5150, 5-40-5160, 5-40-5170 and 5-40-5180 (SIP
Sections 120-04-3605, 120-04-3606, 120-04-3611, 120-04-3612, 120-04-
3613, and 120-04-3614 respectively).
    (8) Addition of Article 45, ``Emission Standards for Lithographic
Printing Processes'' (Rule 4-45), Sections 9 VAC 5-40-7800 through 9 VAC
5-40-7850 inclusive; Sections 9 VAC 5-40-7880 through 9 VAC 5-40-7940
inclusive.
    (9) Revisions to Appendix S (``Air Quality Program Policies and
Procedures''), sections I.D and II.C.
    (10) Revisions to AQP-3 ``Procedures For the Measurement of Capture
Efficiency For Determining Compliance With Volatile Organic Compound
Emission Standards Covering Surface Coating Operations and Graphic Arts
Printing Processes (Flexographic, Packaging Rotogravure, and Publication
Rotogravure Printing Lines)''.
    (ii) Additional material.
    (A) Remainder of April 22, 1996 Commonwealth submittal pertaining to
regulations 4-4, 4-36, 4-45 and Appendix S.
    (114) Revisions to the Virginia State Implementation Plan submitted
April 26, 1996 by the Virginia Department of Environmental Quality.
    (i) Incorporation by reference.
    (A) Letter of April 26, 1996 from the Virginia Department of
Environmental
[[Page 678]]
Quality transmitting revisions to Virginia's State Implementation Plan.
    (B) Revisions to the following Virginia regulation adopted by the
Virginia State Air Pollution Control Board on December 19, 1995 and
effective April 1, 1996:
    (1) Revisions to Article 40, Rule 4-40 ``Emission Standards for Open
Burning'' [former Part IV, Rule 4-40], Sections 9 VAC 5-40-5600.A.(all
revisions) and B. (citation only) (Former SIP Sections 12-04-4001.A. and
.B.) Addition of Section 9 VAC 5-40-5600.C.
    (2) Revisions to Article 40, Rule 4-40, Sections 9 VAC 5-40-
5610.A.and B. (citations only) (Former SIP Sections 120-04-4002.A. and
B.); revised citation for the definitions ``refuse'' and ``household
refuse'' in Section 5-40-5610.C. (Former SIP Section 120-04-4002.C.),
added definitions in Section 5-40-5610.C for ``Clean burning waste'',
``Landfill'', ``Local landfill'', ``Sanitary landfill'' and ``Special
incineration device''.
    (3) Addition of Sections 9 VAC 5-40-5620 (Open Burning
Prohibitions), 9 VAC 5-40-5630 (Permissible Open Burning), and 9 VAC 5-
40-5640 (Waivers).
    (4) Revisions to Appendix D (Forest Management and Agricultural
Practices), Sections II (introductory sentence), II.E. and III.F.
    (ii) Additional material.
    (A) Remainder of April 22, 1996 Commonwealth submittal pertaining to
regulation 4-40.
    (115) Revisions to Virginia's regulations to fulfill Group III PM-10
requirements, submitted on June 15, 1989, by the Virginia Department of
Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of June 15, 1989 from the Virginia Department of
Environmental Quality transmitting Virginia's Group III PM-10 SIP
revisions to EPA.
    (B) ``Group III'' PM-10 plan revisions (effective July 1, 1988).
    (1) Virginia rule 120-01-02, which provides regulatory definitions
for ``particulate matter,'' particulate matter emissions,'' ``PM10,''
``PM10 emissions,'' and ``total suspended particulate matter'';
    (2) Virginia rule 120-03-06, which provides an ambient air quality
standard for PM-10;
    (3) Virginia rule 120-07-04, which revises rules regarding air
pollution episodes to include PM-10 as well as TSP; and
    (4) Virginia rule 120-0802, which revise permitting rules to provide
for the review of proposed permits with respect to PM-10.
    (ii) Additional material.
    (A) Remainder of Virginia's June 15, 1989 submittal.
    (116) Revisions to Virginia's coke oven regulations submitted
September 6, 1979 as revised February 14, 1985.
    (i) Incorporation by reference.
    (A) Letters of September 6, 1979 and February 14, 1985 from the
Virginia Department of Environmental Quality transmitting regulations
limiting particulate matter emissions from coke oven batteries.
    (B) Revisions to Virginia Department of Environmental Quality Rule
4-9 limiting particulate emissions from coke oven batteries (effective
March 3, 1979; January 1, 1985):
    (1) Virginia rules 120-04-0903A and 120-04-0903B, which provide mass
emission limits from coking, charging, and pushing operations;
    (2) Virginia rule 120-04-0905, which provides a standard for visible
emissions;
    (3) Virginia rule 120-04-0906, which provides a standard for
fugitive dust and other fugitive emissions;
    (4) Virginia rule 120-04-0910A, which specifies the timing in the
coking cycle of multiple tests pursuant 120-04-0903; and
    (5) Virginia rule 120-04-0910B.2 which specifies the certification
and testing methods for Virginia Rule 120-04-0905.
    (ii) Additional material.
    (A) Remainder of Virginia's September 6, 1979 submittal related
emission limits for coke oven batteries.
    (117) The ten year ozone maintenance plan for Hampton Roads,
Virginia ozone nonattainment area submitted by the Virginia Department
of Environmental Quality on August 27, 1996:
    (i) Incorporation by reference.
    (A) Letter of August 27, 1996 from the Virginia Department of
Environmental Quality transmitting the 10 year ozone maintenance plan
for the Hampton Roads marginal ozone nonattainment area.
[[Page 679]]
    (B) The ten year ozone maintenance plan including emission
projections, control measures to maintain attainment and contingency
measures for the Hampton Roads ozone nonattainment area adopted on
August 27, 1996.
    (ii) Additional material.
    (A) Remainder of August 27, 1996 Commonwealth submittal pertaining
to the redesignation request and maintenance plan referenced in
paragraph (c)(117)(i) of this section.
    (118) Revision to the Virginia State Implementation Plan on January
27, 1997, by the Virginia Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) A letter of January 27, 1997 from the Virginia Department of
Environmental Quality transmitting the General Conformity Rule.
    (B) Virginia Regulation 9 VAC 5 Chapter 160--Regulation for General
Conformity, effective Jauary 1, 1997.
    (ii) Additional Material from the Virginia's January 27, 1997
submittal pertaining to Regulation 9 VAC 5 Chapter 160.
    (119) The ten year ozone maintenance plan for the Richmond, Virginia
ozone nonattainment area submitted by the Virginia Department of
Environmental Quality on July 26, 1996:
    (i) Incorporation by reference.
    (A) Letter of July 26, 1996 from the Virginia Department of
Environmental Quality transmitting the 10 year ozone maintenance plan
for the Richmond moderate ozone nonattainment area.
    (B) The ten year ozone maintenance plan including emission
projections, control measures to maintain attainment and contingency
measures for the Richmond ozone nonattainment area adopted on July 26,
1996.
    (ii) Additional material.
    (A) Remainder of July 26, 1996 Commonwealth submittal pertaining to
the redesignation request and maintenance plan referenced in paragraph
(c)(119)(i) of this section.
    (120) Revisions to the State Implementation Plan submitted on April
9, 1996, August 8, 16, 19, 23, 1996, and March 26, 1997 by the Virginia
Department of Environmental Quality regarding non-CTG VOC RACT
requirements for six sources:
    (i) Incorporation by reference.
    (A) Letters submitted by the Virginia Department of Environmental
Quality transmitting source-specific VOC RACT determinations in the form
of consent agreements on the following dates: April 9, 1996, August 8,
16, 19, 23, 1996, and March 26, 1997.
    (B) Consent agreements:
    (1) Philip Morris--Blended Leaf, City of Richmond, VA, Consent
Agreement Registration No. 50080, effective on February 27, 1996.
    (2) Philip Morris--Park 500, Chesterfield County, VA, Consent
Agreement Registration No. 50722, effective on March 26, 1997.
    (3) Philip Morris Tobacco Manufacturing Center, City of Richmond,
VA, Consent Agreement Registration No. 50076, effective on July 12,
1996.
    (4) Virginia Power--Chesterfield Station, Chesterfield County, VA,
Consent Agreement Registration No. 50396, effective on May 30, 1996.
    (5) Hercules Incorporated--Aqualon Division, City of Hopewell, VA,
Consent Agreement Registration No. 50363, effective on July 12, 1996.
    (6) Hopewell Regional Wastewater Treatment Facility, City of
Hopewell, VA, Consent Agreement Registration No. 50735, effective on May
30, 1996.
    (ii) Additional material.
    (A) Technical Support Documents submitted as part of the RACT
determinations in paragraph (c)(120) (i) of this section by the
Commonwealth of Virginia on April 9, 1996, August 8, 16, 19, 23, 1996,
and March 26, 1997.
    (121) Revisions to the State Implementation Plan submitted on August
12, 21, 26, 30, 1996, September 3, 1996 and March 27, 1997 by the
Virginia Department of Environmental Quality regarding non-CTG VOC RACT
requirements for six sources:
    (i) Incorporation by reference.
    (A) Letters submitted by the Virginia Department of Environmental
Quality transmitting source-specific VOC RACT determinations in the form
of Consent Agreements on the following dates: August 12, 21, 26, 30,
1996, September 3, 1996 and March 27, 1997.
    (B) Consent Agreements:
    (1) AlliedSignal Inc.--Hopewell Plant, City of Hopewell, VA, Consent
Agreement Registration Number 50232, effective March 26, 1997;
[[Page 680]]
    (2) AlliedSignal Inc.--Chesterfield Plant, Chesterfield County, VA,
Consent Agreement Registration Number 50233, effective May 20, 1996;
    (3) Bear Island Paper Company, L.P., Hanover County, VA, Consent
Agreement Registration Number 50840, effective July 12, 1996;
    (4) Stone Container Corporation Hopewell Mill, City of Hopewell,
Virginia, Consent Agreement Registration Number 50370, effective May 30,
1996;
    (5) E.I. DuPont de Nemours and Company, Spruance Plant, Chesterfield
County, Virginia, Consent Agreement Registration Number 50397, effective
May 30, 1996;
    (6) ICI Americas, Inc. Film Division--Hopewell Site, Chesterfield
County, Virginia, Consent Agreement Registration Number 50418, effective
May 30, 1996.
    (ii) Additional material.
    (A) Technical Support Documents submitted as part of the RACT
determinations in paragraph (c)(121)(i) of this section by the
Commonwealth of Virginia on August 12, 21, 23, 26, 30, 1996, September
3, 1996 and March 27, 1997.
    (122) Revisions to the Virginia Regulations to terminate and rescind
the 1983 alternative emission reduction plan for Bellwood Reclamation
Plant submitted on November 12, 1997, by the Department of Environmental
Quality:
    (i) Incorporation by reference.
    (A) Letter of November 12, 1997 from the Department of Environmental
Quality transmitting a Consent Agreement to terminate the 1983
alternative emission reduction plan for the Bellwood Reclamation Plant.
    (B) Consent Agreement to terminate and rescind the 1983 alternative
emission reduction plan for the Bellwood Reclamation Plant, signed and
effective on November 7, 1997.
    (123) Revisions to the Virginia Regulations for the Prevention of
Significant Deterioration submitted on March 20, 1997 by the Department
of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of March 20, 1997 from the Department of Environmental
Quality transmitting a SIP revision for regulations for the Prevention
Significant Deterioration.
    (B) Letter of February 18, 1993 from the Department of Air Pollution
Control transmitting a SIP revision for regulations defining the
prevention of significant deterioration areas.
    (C) Letter of January 13, 1998 from the Depart of Environmental
Quality transmitting a SIP revisions to the Virginia Administrative Code
numbering system.
    (D) The following provisions of the Virginia Regulations for the
Control and Abatement of Air Pollution:
    (1) Regulations for Permits for Major Stationary Sources and Major
Modifications Locating in Prevention of Significant Deterioration Areas,
9 VAC 5-80-1700 through 9 VAC 5-80-1970, published in the Virginia
Register of Regulations on November 25, 1996, effective January 1, 1997.
    (2) Appendix L to VR 120-01, renumbered as 9 VAC 5-20-205,
Prevention of Significant Deterioration Areas, published in the Virginia
Register of Regulations on December 2, 1991, effective January 1, 1992.
    (ii) Additional material.
    (A) Remainder of March 20, 1997 State submittal.
    (124)-(127) [Reserved]
    (128) Revision to the State Implementation Plan submitted on July
12, 1996 by the Virginia Department of Environmental Quality regarding
VOC RACT requirements for one VOC source.
    (i) Incorporation by reference.
    (A) The letter dated July 12, 1996 from the Virginia Department of
Environmental Quality submitting one source-specific VOC RACT
determination in the form of a Consent Agreement for Tuscarora
Incorporated.
    (B) Consent Agreement for Tuscarora Incorporated--Sterling, Loudoun
County, VA, Consent Agreement, Registration Number 71814, effective on
June 5, 1996.
    (ii) Additional Material: Remainder of the State submittal
pertaining to Tuscarora Incorporated.
    (129) Revisions to the Virginia Regulations pertaining to permit
requirements for new and modified stationary sources locating in
nonattainment areas mandated under Title I, Sections 171-173 and 182 of
the Clean Air Act
[[Page 681]]
submitted on November 9, 1992, by the Commonwealth of Virginia:
    (i) Incorporation by reference.
    (A) Letter of November 9, 1992, from the Commonwealth of Virginia,
Department of Air Pollution Control transmitting revisions to the
Virginia Regulations pertaining to permit requirements for new and
modified stationary sources locating in nonattainment areas.
    (B) Commonwealth of Virginia State Air Pollution Control Board
Regulations for the Control and Abatement of Air Pollution, Permits for
Stationary Sources, Section 120-08-03. ``Permits--Major Stationary
Sources and Major Modifications Locating in Nonattainment Areas''.
(Effective January 1, 1993).
    (ii) Additional materials--The remainder of the November 2, 1992
submittal pertaining to Regulation 120-08-03.
    (130) Revisions to the State Implementation Plan submitted on April
22, 1996 and October 9, 1998 by the Virginia Department of Environmental
Quality regarding regulations for reasonably available control
technology requirements to control volatile organic compound emissions
from solvent metal cleaning operations using non-halogenated solvents.
    (i) Incorporation by reference.
    (A) The letters dated April 22, 1996 and October 9, 1998 from the
Virginia Department of Environmental Quality transmitting revisions to
the Virginia State Implementation Plan pertaining to Rule 4-24 (9 VAC 5-
40-3260 et seq.) of 9 VAC 5 Chapter 40.
    (B) The amended version of Rule 4-24 (9 VAC 5-40-3260 et seq.)
Emission Standards for Solvent Metal Cleaning Operations Using
Nonhalogenated Solvents as adopted on December 19, 1995, published in
the Virginia Register of Regulations (Volume 12, Issue 11) on February
19, 1996, and effective on April 1, 1997.
    (C) Amendments to 9 VAC 5-40-3260 Applicability and designation of
affected facility of Rule 4-24 (9 VAC 5-40-3260 et seq.) Emission
Standards for Solvent Metal Cleaning Operations Using Non-Halogenated
Solvents adopted on January 8, 1997, published in the Virginia Register
of Regulations (Volume 13, Issue 14) on March 31, 1997 and effective on
April 1, 1997.
    (ii) Additional Materials--The remainders of the April 22, 1996 and
October 1998 submittals which pertain to Rule 4-24 (9 VAC 5-40-3260 et
seq.) Emission Standards for Solvent Metal Cleaning Operations Using
Non-Halogenated Solvents.
    (131) Limited approval of revisions to the Virginia State
Implementation Plan submitted on November 9, 1992 by the Virginia
Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letters of November 9, 1992 and December 11, 1992 from the
Virginia Department of Environmental Quality transmitting Virginia rule
120-04-0408 to implement major source NO<INF>X</INF> RACT requirements
in the Northern Virginia Emissions Control Area.
    (B) Virginia regulation 120-04-0408, ``Standard for Nitrogen
Oxides'', pertaining to major source NO<INF>X</INF> RACT requirements,
effective on January 1, 1993.
    (C) Renumbering of previously SIP approved sections in rule 120-04:
-0408 and -0409 to 120-04-0409 and -0410, respectively and previously
SIP approved sections -0412 through -0418 to -0413 through -0419,
respectively, effective January 1, 1993.
    (ii) Additional Material--Remainder of November 9, 1992 submittal
and supplemental information submitted by the Virginia Department of
Environmental Quality on December 11, 1992 and August 11, 1998
pertaining to 120-04-0408.
    (132) Limited approval of revisions to the Virginia State
Implementation Plan submitted on November 9, 1992 and August 11, 1998 by
the Virginia Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letters of November 9, 1992, December 11, 1992 and August 11,
1998 from the Virginia Department of Environmental Quality transmitting
Virginia regulation 9 VAC 5-40-311 (formerly Appendix T) establishing
RACT requirements on major sources in the Northern Virginia Emissions
Control Area.
    (B) Addition of Virginia regulation 9 VAC 5-40-311, sections A, B,
C.1, C.2, C.3.b, and C.3.d-g and Errata pages, establishing RACT
requirements for
[[Page 682]]
major sources of NO<INF>X</INF> in the Northern Virginia Emissions
Control Area, effective on July 1, 1997.
    (ii) Additional Material--Remainder of November 9, 1992 submittal
and supplemental information submitted by the Virginia Department of
Environmental Quality on December 11, 1992 and August 11, 1998
pertaining to VAC 5-40-311.
    (133) [Reserved]
    (134) Revisions to the Virginia Regulations, Establishment of the
Vehicle Emissions Inspection and Maintenance Program in the Northern
Virginia Area, submitted on June 16, 1998, November 30, 1998, February
2, 1999 and February 22, 1999, by the Virginia Department of
Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of June 16, 1998 from the Virginia Department of
Environmental Quality transmitting an Enhanced Vehicle Emissions
Inspection Program for the Northern Virginia Area.
    (B) Regulations for the Enhanced Motor Vehicle Emissions Inspection
Program in the Northern Virginia Area: 9 VAC 5-91-10 et seq.
    (C) Letter of November 30, 1998 from the Virginia Department of
Environmental Quality transmitting an Alternative Program Credit
Evaluation Program.
    (D) Letter of February 2, 1999 from the Virginia Department of
Environmental Quality, transmitting an Evaluation of Virginia's Enhanced
I/M Program Credits.
    (E) Letter of February 22, 1999 from the Virginia Department of
Environmental Quality, supplementing the November 30, 1998 transmittal.
    (ii) Additional material.
    (A) Remainder of June 16, 1998 submittal,
    (B) Remainder of November 30, 1998 submittal, as supplemented on
February 22, 1999, and
    (C) Remainder of February 2, 1999 submittal.
    (135) Revisions to the Virginia Regulations for the adoption of the
National Low Emission Vehicle Program submitted on May 27, 1999 by the
Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of May 27, 1999 from the Department of Environmental
Quality transmitting Virginia's plan for adoption of a National Low
Emission Vehicle Program.
    (B) Regulation for a National Low Emission Program, codified at 9
VAC 5-200 of the Virginia Code, effective on April 14, 1999, to add: 9
VAC 5-200-10, Paragraphs A, B, and C; and 9 VAC 5-200-20; and 9 VAC 5-
200-30.
    (ii) Additional Material.--Remainder of May 27, 1999 submittal
pertaining to the National Low Emissions Vehicle Program.
    (136) Revisions to the Virginia Regulations, to relegate the
oxygenated gasoline program to a carbon monoxide contingency measure,
submitted on April 30, 1997 by the Virginia Department of Environmental
Quality:
    (I) Incorporation by reference.
    (A) Letter of April 30, 1997 from the Virginia Department of
Environmental Quality transmitting the oxygenated gasoline regulation
amendments as a SIP revision.
    (B) Revisions to 2 VAC 5 Chapter 480, Section 20, Applicability.
These revisions became effective November 1, 1996.
    (ii) Additional Material.--Remainder of April 30, 1997 submittal
[37 FR 10899, May 31, 1972. Redesignated and amended at 65 FR 21320,
Apr. 21, 2000]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2465, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
                         Subpart WW--Washington
Sec. 52.2470  Identification of plan.
    (a) Title of plan: ``A Plan for the Implementation, Maintenance and
Enforcement of National Ambient Air Quality Standards in the State of
Washington.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Contingency request for a two year extension for carbon monoxide
and nitrogen dioxide in the Puget Sound Intrastate Region and for carbon
monoxide in the Eastern Washington-Northern Idaho Interstate Region
submitted on January 28, 1972, by the Governor.
[[Page 683]]
    (2) Request for a two year extension, delegation of legal authority
and amendments to the implementation plan submitted on May 5, 1972, by
the Governor.
    (3) Notices of public hearings and certifications that hearings were
held regarding implementation plan matters submitted on July 18, 1972,
by the Department of Ecology.
    (4) Clarifying submission (Non-regulatory) to the implementation
plan submitted on September 11, 1972, by the Governor.
    (5) Compliance schedules submitted on December 12, 1972, by the
Washington Department of Ecology.
    (6) Compliance schedules, revisions to WAC 18-04, 18-12 and 18-40,
and a new regulation WAC 18-06 submitted on February 15, 1973, by the
Governor.
    (7) Transportation control plan submitted on April 13, 1973, by the
Governor.
    (8) Revisions to the transportation control plan submitted on May
31, 1973, by the Governor.
    (9) Compliance schedules submitted on July 25, 1973, by the
Department of Ecology.
    (10) Indirect source plan submitted on October 11, 1973, by the
Department of Ecology.
    (11) Indirect source regulation (WAC 18-24) submitted on June 14,
1974, by the Governor.
    (12) Air quality maintenance area designation submitted on May 31,
1974, by the Washington Department of Ecology.
    (13) Revisions to the State and local agency open burning
regulations submitted on September 10, 1973, by the Department of
Ecology.
    (14) Information regarding the approval of the revised open burning
regulations submitted on May 23, 1975, by the Department of Ecology.
    (15) Revision to section 9.05(c) of Regulation I of the Olympic Air
Pollution Control Authority submitted November 6, 1975 by the Governor.
    (16) On April 4, 1979 the State of Washington Department of Ecology
submitted a request to extend for eighteen months the date for plan
submission for all secondary total suspended particulate nonattainment
areas.
    (17) On June 26, 1975 the Governor submitted amendments to WAC 18-24
``State jurisdiction over Motor Vehicles'' which repealed the program
for preconstruction review and approval of indirect sources, leaving
only Sections 020--Definitions and 030--Assumption of Jurisdiction. On
April 27, 1979 the Governor submitted revisions required by Part D of
the Clean Air Act as amended in 1977, specifically: plans for the
Seattle primary total suspended particulate (TSP) nonattainment area,
the Tacoma primary TSP nonattainment area, the Seattle-Tacoma carbon
monoxide (CO) and ozone nonattainment areas (along with a request for an
extension of the attainment dates to beyond December 31, 1982), the
Spokane primary TSP nonattainment area, the Clarkston primary TSP
nonattainment area, the Vancouver primary TSP nonattainment area, and
the Yakima CO nonattainment area; revisions to State and local
regulations for nonattainment areas (WAC 173-400-010, 173-400-020, 173-
400-030, 173-400-040 (except (13)), 173-400-050, 173-400-060, 173-400-
070, 173-400-090, 173-400-100, 173-400-110, and 173-400-120; WAC 173-
420; WAC 173-425, WAC 173-490 (except 173-150); Puget Sound Air
Pollution Control Agency Regulation I, Articles 1, 3, 6, 9 (Sections
9.02, 9.02A, 9.03, 9.04, 9.05, 9.06, 9.07(d), 9.07(e), and 9.09);
Northwest Air Pollution Control Authority Regulation Section 455.11; and
Spokane County Air Pollution Control Authority Regulation Article IV,
Section 4.01); and the rescission of State and local agency regulations
which duplicated applicable Federal or State regulations for
nonattainment areas (WAC 18-04-010, 18-04-020, 18-04-030, 18-04-040, 18-
04-050, 18-04-060, 18-04-070, 18-04-090, 18-04-100, 18-04-110, and 18-
04-120; WAC 18-06; WAC 18-12; WAC 18-20; WAC 18-24; WAC 18-28; WAC 18-
32; WAC 18-40; WAC 18-44; WAC 18-46; WAC 18-48; WAC 18-56; WAC 18-60;
Puget Sound Air Pollution Control Agency Regulation I, Articles 5, 9
(Sections 9.07(a), 9.07(b), 9.11, 9.12, 9.13, 9.15, and 9.16), and 11;
Spokane County Air
[[Page 684]]
Pollution Control Authority Regulations I and II (except Article IV,
Section 4.01); Northwest Air Pollution Authority Regulations 1 and 2 and
Section 501 Southwest Air Pollution Control Agency Regulations 1 and 2;
Olympic Air Pollution Control Agency Regulation I; Yakima County Clean
Air Authority Regulation 1; Grant County Clean Air Authority Regulation;
Benton-Franklin-Walla Walla Air Pollution Control Agency Regulation; and
Douglas County Air Pollution Control Commission Article V, Section
5.01). On May 18, 1979 the State of Washington Department of Ecology
submitted corrections to the Puget Sound area emission inventory in the
April 27, 1979 submittal. On June 20, 1979 the Governor submitted the
plan for the Vancouver ozone nonattainment area including a request for
an extension of the attainment date to beyond December 31, 1982. On
December 21, 1979 the State of Washington Department of Ecology
submitted statutory authority for an automobile inspection and
maintenance program and a detailed schedule for its implementation. On
May 1, 1980 the State of Washington Department of Ecology submitted
revised statutory language pertaining to State legal authority.
    (18) On April 1, 1980 the State of Washington Department of Ecology
submitted revisions to the regulations for Kraft Pulping Mills (WAC 173-
405-011; 173-405-021; 173-405-031(1), (4), (5) and (6); 173-405-036(1),
(2) and (4); 173-405-061; 173-405-071(2), (3), (4)(d), (4)(e) and (5);
173-405-077; 173-405-078; 173-405-086; and 173-405-101), Sulfite Pulping
Mills (WAC 173-410-011; 173-410-021; 173-410-031; 173-410-036(1), (2)
and (4); 173-410-041; 173-410-061 (1) through (8); 173-410-067; 173-410-
071; 173-410-086; and 173-410-091), and Primary Aluminum Plants (WAC 18-
52-010; 18-52-016; 18-52-021; 18-52-031 (2) and (4); 18-52-036(1); 18-
52-056; 18-52-061; 18-52-071(1)(c), (1)(f), and (2); 18-52-077; and 18-
52-086) and rescission of old regulations (WAC 18-36-010, 18-36-020, 18-
36-030, 18-36-040, 18-36-050, 18-36-060, 18-36-070, 18-36-080, 18-36-090
and 18-36-100; WAC 18-38-010, 18-38-020, 18-38-030, 18-38-040, 18-38-
050, 18-38-060, 18-38-070, 18-38-080 and 18-38-090; and WAC 18-52-015,
18-52-020, 18-52-030 (except (3)), 18-52-040, 18-52-060, 18-52-070 and
18-52-080) to satisfy the requirements of Part D of the Clean Air Act.
    (19) On April 27, 1979 the Governor submitted the plan for the
Spokane carbon monoxide (CO) nonattainment area. On September 10, 1980
the State of Washington Department of Ecology submitted a revised
transportation control plan for the Spokane CO nonattainment area.
    (20) On March 5, 1980 the State of Washington Department of Ecology
submitted a plan revision to meet the requirements of 40 CFR part 58,
subpart C, Sec. 58.20 Air Quality Monitoring.
    (21) On April 27, 1979 the Governor submitted a provision for
maintenance of pay (WAC 173-400-160).
    (22) On June 24, 1980 the State of Washington Department of Ecology
submitted a new regulation WAC 173-402 ``Civil Sanctions Under
Washington Clean Air Act''. On July 30, 1980 the State of Washington
Department of Ecology submitted revisions to WAC 173-400 (specifically
173-020; 173-030; 173-040 (except (13)); 173-050; 173-060; 173-070; 173-
090; 173-100; 173-110; and 173-120), WAC 173-405 (specifically 173-012;
173-021; 173-040 (1), (2), (3), (4), (5), (6) and (17); 173-072(1), (4)
and (5); 173-077, 173-086; and 173-101; and rescission of 173-011; 173-
031 (1), (4), (5) and (6); 173-036 (1), (2) and (4); 173-061; 173-071
(2), (3), (4)(d), (4)(e) and (5); and 173-078), WAC 173-410
(specifically 173-012; 173-021; 173-040 (1), (2), (3), (5) and (16);
173-062 (1), (2) and (3); 173-067; 173-086; 173-090; and 173-091; and
rescission of 173-011; 173-031; 173-036 (1), (2) and (4); 173-041; 173-
061 (1) through (8); and 173-071), WAC 173-415 (specifically 173-010;
173-020; 173-030(2)(b), (4), (5), (7) and (11); 173-050; 173-060(1)(c)
and (2); 173-070; and 173-090), WAC 173-490 (specifically 173-010; 173-
020; 173-025; 173-030; 173-040; 173-070; 173-071; and 173-080),
rescission of old WAC 18-52 (specifically 18-010; 18-016; 18-021; 18-
030(3); 18-031 (2) and (4); 18-036(1); 18-056; 18-061; 18-071(1)(c),
(1)(f) and (2); 18-077; and 18-086), and revisions to the Seattle-Tacoma
carbon monoxide, Seattle-Tacoma ozone, Vancouver ozone, Seattle primary
total suspended particulate (TSP), Tacoma primary TSP, Vancouver primary
TSP, Spokane primary TSP and Clarkston primary TSP nonattainment area
plans, in order to satisfy the conditions
[[Page 685]]
of approval published on June 5, 1980 and July 31, 1980. On November 7,
1980 the State of Washington Department of Ecology submitted clarifying
information, including the designated ``no burn'' areas for the Seattle,
Tacoma and Spokane TSP nonattainment areas to satisfy the conditions of
approval published on June 5, 1980. On January 13, 1981 the State of
Washington Department of Ecology submitted further revisions to WAC 173-
400-110 and WAC 173-490-020 and 173-490-040 in order to satisfy the
conditions of approval published on June 5, 1980.
    (23) On August 17, 1979 and July 30, 1980 the Governor submitted
revisions to the State of Washington Implementation Plan to provide
authority to the Energy Facility Site Evaluation Council to implement
the plan required by section 110 of the Clean Air Act for energy
facilities, specifically, statutory authority (80.50 RCW), applicable
regulations (WAC 463-39-010; 463-39-020; 463-39-030 (except (4), (7),
(10), (24), (25), (30), (35) and (36)); 463-39-040 (except introductory
paragraph); 463-39-050; 463-39-060; 463-39-080; 463-39-100; 463-39-110
(except (1), first two sentences of (3)(b), (3)(c), (3)(d) and (3)(e));
463-39-120; 463-39-130; 463-39-135; 463-39-150; and 463-39-170), and a
Memorandum of Agreement between the Energy Facility Site Evaluation
Council and the State of Washington Department of Ecology describing
program implementation. On May 28, 1981, the Energy Facility Site
Evaluation Council submitted an Attorney General's opinion certifying
that 80.50 RCW provided sufficient enabling authority to meet the
requirements of the Clean Air Act.
    (24) On November 17, 1981 the State of Washington Department of
Ecology submitted a revision to the plan for the Spokane carbon monoxide
nonattainment area, including a schedule for the implementation of an
expanded transit service to satisfy the condition of approval published
on December 24, 1980.
    (25) On July 30, 1980 the State of Washington Department of Ecology
submitted revisions to the regulations for sources of volatile organic
compounds (VOC), specifically WAC 173-490-200, 173-490-201, 173-490-202,
173-490-203, 173-490-204, 173-490-205 (except (d)), 173-490-206 and 173-
490-207. On January 13, 1981 the State of Washington Department of
Ecology submitted a further revision to WAC 173-490-203. On June 25,
1981 the State of Washington Department of Ecology submitted VOC source
test methods. On November 13, 1981 the State of Washington Department of
Ecology submitted clarifying information on the regulations for sources
of VOC.
    (26) On July 16, 1982 the State of Washington Department of Ecology
submitted an attainment plan for the Vancouver ozone nonattainment area
and amendments to the regulations for sources of volatile organic
compounds (WAC-490-020, 490-025, 490-9040, 490-080, 490-203, 490-204,
490-205 and 490-208, and rescission of 490-206).
    (27) On July 16, 1982 the State of Washington Department of Ecology
submitted attainment plans for the Seattle-Tacoma ozone nonattainment
area and the Seattle carbon monoxide (CO) nonattainment area, including
regulations for motor vehicle emission inspection (WAC 173-422) and the
Puget Sound Air Pollution Control Agency regulation for sources of
volatile organic compounds (Regulation II). On December 1, 1982 the
State of Washington Department of Ecology submitted procedures by which
conformity of Federal projects with the Seattle-Tacoma ozone and Seattle
CO plans will be determined.
    (28) Amendments to page III-D-2 (TABLE 8--DEPARTMENT OF ECOLOGY
SOURCE TEST METHODS WHICH ARE USED FOR COMPLIANCE) of the Washington
State Implementation Plan, submitted by the State Department of Ecology
on July 23, 1984.
    (29) On September 13, 1983 the State of Washington Department of
Ecology submitted a revision to add a lead strategy to the Washington
Implementation Plan.
    (30) On June 15, 1984 the Washington Department of Ecology submitted
a demonstration of attainment of the lead standard for the area around a
primary copper smelter in Tacoma, Washington.
    (31) On June 16, 1983, the State of Washington Department of Ecology
submitted to EPA, the Tacoma carbon
[[Page 686]]
monoxide attainment plan as an official SIP revision. This plan builds
upon the July 16, 1982, Ozone SIP for the Puget Sound area.
    (32) On September 27, 1984 the State of Washington Department of
Ecology submitted a revision to the approved lead SIP which revised the
demonstration of attainment for the secondary lead smelter in Seattle.
    (33) On January 16, 1984 the Washington Department of Ecology
submitted revisions to the approved SIP which added the PSAPCA emission
offset and banking program to the approved SIP regulations. The
revisions consisted of new section 1.07(s), 1.07(rr), 1.07(xx),
6.07(b)(7) and 6.08 of PSAPCA Regulation I.
    (34) A revision to the Washington State Implementation Plan was
submitted by the Director of the Washington Department of Ecology on
September 27, 1984. The revision adds a mandatory Vehicle Inspection and
Maintenance program to the Spokane Carbon Monoxide Plan.
    (i) Incorporation by reference.
    (a) Amendments to Chapter 173-422 Washington Administrative Code,
Motor Vehicle Emission Inspection, which was published on April 18,
1984.
    (ii) Additional material. (a) Technical Support Document as prepared
by the Washington State Department of Ecology in support of approval
dated January 11, 1985.
    (35) On February 21, 1985 the State of Washington Department of
Ecology submitted revisions to Regulation II, specifically, Secs. 1.02,
2.13, 3.11 and 4.02, and ``Monitoring and Reporting Procedures for VOC
Sources'' as adopted in Puget Sound Air Pollution Control Agency
Resolution 568.
    (i) Incorporation by reference.
    (A) Letter dated February 21, 1985 from the Washington Department of
Ecology to EPA Region 10.
    (B) Resolution 568--Revisions to Regulation II and ``Monitoring and
Reporting Procedures for VOC Sources'' as adopted by the Puget Sound Air
Pollution Control Agency on December 13, 1984.
    (36) Washington State's Visibility Protection Program, except
Section V. B. New Source Review, Appendix A--Proposed Best Available
Retrofit Technology Regulation and Appendix B--Proposed New Source
Review Regulations, submitted by the Director of the Washington
Department of Ecology on January 5, 1984; certain provisions of 173-403
WAC Implementation of Regulations for Air Contaminant Sources,
specifically, WAC 173-403-030(2), (9), (11), (24), (25), (31), (42),
(46), (51), and (52), submitted by the Director of the Washington
Department of Ecology on April 1, 1985; WAC 173-403-090, submitted by
the Director of the Washington Department of Ecology on September 6,
1983; and the State of Washington Department of Natura1 Resources Smoke
Management Program, submitted by the Director of the Washington
Department of Ecology on April 27, 1979, and January 5, 1984.
    (i) Incorporation by reference.
    (A) Letter dated April 1, 1985, from the Director of the State of
Washington Department of Ecology to EPA. Provisions of WAC 173-403-030
(Definitions) introductory text, (2), (9), (11), (24), (25), (31), (42),
(46), (51), and (52), adopted by the State of Washington Department of
Ecology on February 14, 1985.
    (B) Letter dated September 6, 1983, from the Director of the State
of Washington Department of Ecology to EPA. WAC 173-403-090 (``Retrofit
Requirements for Visibility Protection''), adopted by the State of
Washington Department of Ecology on August 25, 1983.
    (C) Letter dated January 5, 1984, from the Director of the State of
Washington Department of Ecology to EPA. ``Washington State's Visibility
Protection Program (10/3/83),'' except Section V. B. ``New Source
Review,'' Appendix A--``Proposed Best Available Retrofit Technology
Regulation'' and Appendix B--``Proposed New Source Review Regulations''
adopted by the State of Washington Department of Ecology on January 5,
1984;
    (D) Appendix K (``The State of Washington Department of Natural
Resources Air Quality-Prescribed Burning Smoke Management Program'')
revised June 1975.
    (37) On April 28, 1983, the State of Washington Department of
Ecology submitted amendments to the State of Washington sulfur dioxide
emission
[[Page 687]]
limitation. These amendments clarify the averaging time for the sulfur
dioxide emission limitation in WAC 173-400-040(6).
    (i) Incorporation by reference.
    (A) Letter dated April 28, 1983, from the Director of the Department
of Ecology to EPA Region 10 amending the State of Washington State
Implementation Plan.
    (B) Washington Administrative Code [WAC] Chapter 173-400 [General
Regulations for Air Pollution Sources], -040 [General Standard for
Maximum Emissions], (6) [Sulfur Dioxide] introductory sentence adopted
into state law by the State of Washington Department of Ecology on March
30, 1983 and became effective on May 11, 1983.
    (38) On January 23, 1989 and May 14, 1991 the Director of the
Department of Ecology submitted amended regulations as revisions to the
Washington state implementation plan. EPA has approved the following as
revisions to the implementation plan: WAC 173-400 (except for -040(1)
(c) and (d); -040(2); -040(4); the second paragraph of -040(6); the
exception provision in -050(3); -070(7); -075; -115; -120; -131; -136; -
141; and -180) as in effect on March 22, 1991; the repeal of WAC 173-403
as in effect on March 22, 1991; WAC 173-405 (except for -033; -035; -
040(1)(b); -040(1)(c); -040(3)(b); -040(3)(c); -040(4); -040(7); -
040(8); -040(9); and -072(2)) as in effect on March 22, 1991; WAC 173-
410 (except for -035; the exception provision in -040(3); and -040(5))
as in effect on March 22, 1991; WAC 173-415 (except for -020(1); -
020(2); -030(1); -030(3)(b); -040; and -060(1) (a), (b), and (d)) as in
effect on March 22, 1991; WAC 173-425 as in effect on October 18, 1990;
WAC 173-430 as in effect on October 18, 1990; WAC 173-433 as in effect
on October 18, 1990; WAC 173-434 (except for -110, -120, and -130(2)) as
in effect on October 18, 1990; WAC 173-435 (except for -070(1)); as in
effect on January 3, 1989; WAC 173-440 as in effect on October 18, 1990;
WAC 173-470 (except for -110 and -150) as in effect on January 3, 1989.
    (i) Incorporation by reference.
    (A) January 23, 1989, letter from the Director of the Department of
Ecology to EPA Region 10 submitting amendments to the Washington state
implementation plan.
    (B) May 14, 1991, letter from the Director of the Department of
Ecology to EPA Region 10 submitting amendments to the Washington state
implementation plan.
    (C) Washington Administrative Code, Chapter 173-400 (General
Regulations for Air Pollution Sources) (except for -040(1) (c) and (d),
-040(2), -040(4), the second paragraph of -040(6), the exception
provision in -050(3), -070(7), -075, -115, -120, -131, -136, -141, and -
180) as in effect 3/22/91; Washington Administrative Code, Chapter 173-
405 (Kraft Pulp Mills) (except for -033; -035; -040(1)(b), (1)(c),
(3)(b), (3)(c), and (4); -040 (7), (8), and (9); and -072(2)) as in
effect 3/22/91; Washington Administrative Code Chapter 173-410 (Sulfite
Pulping Mills) (except for 035; the exception provision in -040(3); and
-040(5)) as in effect 3/22/91; Washington Administrative Code Chapter
173-415 (Primary Aluminum Plants) (except for -020 (1) and (2); -030(1);
-030(3)(b); -040; and -060(1) (a), (b), and (d)) as in effect 3/22/91;
Washington Administrative Code Chapter 173-425 (Open Burning) as in
effect 10/18/90; Washington Administrative Code Chapter 173-430 (Burning
of Field and Forage and Turf Grasses Grown for Seed) as in effect 10/18/
90; Washington Administrative Code Chapter 173-433 (Solid Fuel Burning
Device Standards) as in effect 10/18/90; Washington Administrative Code
Chapter 173-434 (except for -110, -120, and -130(2)) as in effect 10/18/
90; Washington Administrative Code Chapter 173-435 (Emergency Episode
Plan) (except for-070(1)) as in effect 1/3/89; Washington Administrative
Code Chapter 173-440 (Sensitive Areas) as in effect 10/18/90; and
Washington Administrative Code Chapter 173-470 (Ambient Air Quality
Standards for Particulate Matter) (except for -110 and -150) as in
effect 1/3/89.
    (39) On May 14, 1991, the Director of the Department of Ecology
submitted revisions to the State of Washington Implementation plans for
volatile organic compound emissions (WAC 173-490 ``Emission Standards
and Controls for Sources Emitting Volatile Compounds'') attainment from
stationary sources in ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) May 14, 1991, letter from Washington Department of Ecology to
EPA
[[Page 688]]
Region 10 submitting the VOC nonattainment area state implementation
plan for Washington.
    (B) WAC 173-490 ``Emission Standards and Controls for Sources
Emitting Volatile Compounds'' as adopted on February 19, 1991, and
became effective on March 22, 1991.
    (40) On November 15, 1991, EPA received the Washington Department of
Ecology submission for a PM<INF>10</INF> nonattainment area state
implementation plan for Kent, Washington.
    (i) Incorporation by reference.
    (A) November 5, 1990, letter from Washington Department of Ecology
to EPA Region 10 submitting the PM<INF>10</INF> nonattainment area state
implementation plan for Kent, Washington.
    (B) The PM<INF>10</INF> nonattainment area state implementation plan
for Kent, Washington as adopted by the Washington Department of Ecology
on November 3, 1990, and effective on November 3, 1991.
    (C) December 27, 1990, letter from Washington Department of Ecology
to EPA Region 10 submitting an addendum to the PM<INF>10</INF>
nonattainment area state implementation plan for Kent, Washington.
    (D) PM<INF>10</INF> SIP addendum, dated June 5, 1990, to the
PM<INF>10</INF> Kent, Washington state implementation plan.
    (E) November 15, 1991, letter from Washington Department of Ecology
to EPA Region 10 submitting a supplement to the PM<INF>10</INF>
nonattainment area state implementation plan for Kent, Washington.
    (F) PM<INF>10</INF> SIP supplement, dated November 1991, to the
PM<INF>10</INF> Kent, Washington state implementation plan.
    (41) On February 17, 1989, and November 15, 1991, the State of
Washington Department of Ecology submitted PM<INF>10</INF> nonattainment
area state implementation plan revisions for Thurston County,
Washington.
    (i) Incorporation by reference.
    (A) February 17, 1989, letter from Washington Department of Ecology
to EPA Region 10 submitting the PM<INF>10</INF> nonattainment area state
implementation plan for Thurston County, Washington.
    (B) The PM<INF>10</INF> nonattainment area state implementation plan
for Thurston County, Washington, as adopted by the Washington Department
of Ecology on February 8, 1989.
    (C) November 15, 1991, letter from Washington Department of Ecology
to EPA Region 10 submitting revisions to the PM<INF>10</INF>
nonattainment area state implementation plan for Thurston County,
Washington.
    (D) Revision to the PM<INF>10</INF> nonattainment area state
implementation plan for Thurston County, Washington, as adopted by the
Washington Department of Ecology on November 14, 1991.
    (42) On January 22, 1993, the State of Washington Department of
Ecology submitted revisions to the State Implementation Plan for the
State of Washington addressing the attainment and maintenance of the
National Ambient Air Quality Standards for carbon monoxide in the King,
Pierce, Snohomish, Clark and Spokane Counties.
    (i) Incorporation by reference.
    (A) January 22, 1993, letters from the State of Washington
Department of Ecology to EPA Region 10 submitting amendments to the
Washington State Implementation Plan for Carbon Monoxide in the King,
Pierce, Snohomish, Clark, and Spokane Counties.
    (B) Supplements to the State Implementation Plan for Washington
State--a plan for attaining and maintaining National Ambient Air Quality
Standards (NAAQS) for the Spokane Carbon Monoxide Nonattainment Area,
Vancouver Air Quality Maintenance Area, and Puget Sound Carbon Monoxide
Nonattainment Area, adopted on January 22, 1993.
    (C) State Regulations Appendix B-Part 2, ``Motor Fuel Specifications
for Oxygenated Gasoline, Chapter 173-492 WAC,'' of the Washington State
SIP appendices, adopted October 6, 1992.
    (D) State Policies and Guidelines Appendix D, ``Oxygenated Gasoline
Program, Implementation Guidelines, Washington State Department of
Ecology, September 1992.''
    (43) On September 11, 1992 and October 8, 1993 the Director of the
WDOE submitted revisions to PSAPCA's rules for the control of air
pollution in Pierce, King, Snohomish, and Kitsap Counties, Washington as
revisions to the Washington SIP. These revisions superseded and replaced
previously submitted rules by PSAPCA.
[[Page 689]]
    (i) Incorporation by reference.
    (A) September 11, 1992 letter from the Director of WDOE to EPA
Region 10 submitting revisions to PSAPCA's rules for the control of air
pollution in King, Pierce, Snohomish, and Kitsap Counties, Washington,
for inclusion into the Washington SIP.
    (B) Regulations I, II, and III as adopted by the Board of Directors,
PSAPCA, and submitted through the WDOE to EPA Region 10, as a revision
to the SIP, with a WDOE adopted date of September 16, 1992.
    (C) October 8, 1993 letter from the Director of WDOE to EPA Region
10 submitting revisions to PSAPCA's rules for the control of air
pollution in King, Pierce, Snohomish, and Kitsap Counties, Washington,
for inclusion into the Washington SIP.
    (D) Regulations I, II, and III as adopted by the Board of Directors,
PSAPCA, and submitted through WDOE to EPA Region 10, as a revision to
the SIP, with a WDOE adopted date of October 18, 1993.
    (44) On September 22, 1993, the state of Washington, through the
Washington State Department of Ecology, submitted a request to
redesignate Tacoma to attainment for sulfur dioxide (SO<INF>2</INF>).
    (i) Incorporation by reference.
    (A) September 22, 1993 letter from Washington State Department of
Ecology to EPA Region 10 submitting a redesignation request for the
Tacoma SO<INF>2</INF> Air Quality Maintenance Area (AQMA).
    (45) On November 16, 1992 the Director of the Washington State
Department of Ecology submitted ``State Implementation Plan for the
Washington State Business Assistance Program,'' adopted November 13,
1992, as a revision to the Washington SIP.
    (i) Incorporation by reference.
    (A) November 13, 1992 letter from the Director of the Washington
State Department of Ecology submitting ``State Implementation Plan for
the Washington State Business Assistance Program'' to EPA.
    (B) State Implementation Plan for the Washington State Business
Assistance Program, including Appendix B, Revised Code of Washington
(RCW) 70.94.035; Appendix D, Washington Administrative Code 173-400-180;
Appendix E, RCW 70.94.181; and Appendix F, Business Assistance Program
Guidelines (and exluding Appendices A, C, and G), dated November 1992,
and adopted November 13, 1992.
    (46) On January 28, 1993 the State of Washington submitted a SIP
revision for the purpose of implementing an emission statement program
for stationary sources within the Vancouver Air Quality Maintenance Area
and the Central Puget Sound Ozone Nonattainment Area. The implementation
plan was submitted by the State to satisfy the Federal requirements for
an emission statement program as part of the SIP for Washington State.
    (i) Incorporation by reference.
    (A) Letters dated January 22, 1993 from the Director of the
Washington Department of Ecology to EPA Region 10 amending the
Washington SIP for both the Vancouver and Central Puget Sound areas.
    (B) ``Supplement to the SIP for Washington State, A Plan for
Attaining and Maintaining National Ambient Air Quality Standards for
Ozone in Central Puget Sound,'' sections 6.0, 6.1, and 6.2, adopted
January 22, 1993.
    (C) ``Supplement to the SIP for Washington State, A Plan for
Attaining and Maintaining National Ambient Air Quality Standards for
Ozone in the Vancouver Air Quality Maintenance Area,'' sections 7.0,
7.1, 7.2, and 7.3, adopted January 22, 1993.
    (47) On November 5, 1990, December 27, 1990, November 15, 1991 and
May 11, 1994 the Director of WDOE submitted to EPA SIP revisions for the
purpose of bringing about attainment of the National ambient air quality
standards (NAAQS) for particulate matter with an aerodynamic diameter
less than or equal to a nominal 10 micrometers (PM-10). The
implementation plan was submitted by the State to satisfy certain
Federal Clean Air Act requirements for an approvable moderate
nonattainment area PM-10 SIP for Seattle, Washington.
    (i) Incorporation by reference.
    (A) Letters dated November 5, 1990, December 27, 1990, November 13,
1991 and May 2, 1994, from WDOE to EPA submitting the revisions to the
SIP for the State of Washington.
[[Page 690]]
    (B) Revisions to the Washington SIP for the purpose of bringing
about attainment of the National ambient air quality standards (NAAQS)
for particulate matter with an aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM-10):
    (1) A Plan for Attaining and Maintaining the National Ambient Air
Quality Standard for PM-10 in the Seattle Duwamish Valley, September
1989, adopted November 3, 1990;
    (2) Resolution No. 639 (amendments to the PM-10 attainment and
maintenance strategy), adopted December 8, 1988;
    (3) State Implementation Plan for Particulate Matter in the Seattle
Duwamish Valley, Supplement, dated November 199l, adopted November 14,
1991; and
    (4) State Implementation Plan for Particulate Matter in the Seattle
Duwamish Valley, Supplement, dated January 1, 1994, adopted May 4, 1994.
    (48) On November 15, 1991, the Director of WDOE submitted to EPA a
PM-10 nonattainment area SIP revision for the purpose of bringing about
attainment of the National ambient air quality standards (NAAQS) for
particulate matter with an aerodynamic diameter less than or equal to a
nominal 10 micrometers (PM-10). The implementation plan was submitted by
the State to satisfy certain Federal Clean Air Act requirements for an
approvable moderate nonattainment area PM-10 SIP for Tacoma, Washington.
    (i) Incorporation by reference.
    (A) Letters dated November 13, 1991 and June 30, 1994 from WDOE to
EPA submitting revisions to the State of Washington SIP.
    (B) State Implementation Plan for Particulate Matter in the Tacoma
Tideflats, Pierce County, including appendices A-F, dated November 1991,
and adopted November 14, 1991.
    (49) On November 10, 1993, the State of Washington Department of
Ecology submitted a CO State Implementation Plan for Clark County,
Washington.
    (i) Incorporation by reference.
    (A) November 10, 1993 letter from the State of Washington Department
of Ecology to EPA Region 10 submitting the CO State Implementation Plan
for Clark County, Washington.
    (B) Supplement to a Plan for Attaining and Maintaining National
Ambient Air Quality Standards for Carbon Monoxide in the Vancouver Air
Quality Maintenance Area, Replacement Pages, as adopted by the
Washington State Department of Ecology on November 15, 1993.
    (50) By a letter dated December 29, 1993, the Director of WDOE
submitted to the Regional Administrator of EPA a revision to the
Washington SIP updating the regulations from the Northwest Air Pollution
Authority.
    (i) Incorporation by reference.
    (A) The December 29, 1993 letter from the Director of the Washington
State Department of Ecology submitting the Northwest Air Pollution
Authority Regulations as a revision to the Washington SIP.
    (B) Regulations of the Northwest Air Pollution Authority--sections
100, 101, 102, 103, 104.1, 105, 106, 110, 111, 112, 113, 114, 120, 121,
122, 123, 124, 130, 131, 132, 133, 134, 135, 140, 145, 150, 180, 200,
300, 301, 302, 303, 310, 320, 321, 322, 323, 324, 325, 340, 341, 342,
360, 365, 366, 400, 401, 410, 420, 421, 424, 450, 451, 452 (except for
452.5.), 455, 458, 460, 462, 466, 510, 520, 550, 560, and 580, effective
on September 8, 1993.
    (51) On April 11, 1994 the Washington Department of Ecology (WDOE)
submitted the Southwest Air Pollution Control Authority (SWAPCA) 400
General Regulations for Air Pollution Sources as a revision to the
Washington State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) April 11, 1994 letter from the Director of WDOE to EPA Region 10
submitting the Southwest Air Pollution Control Authority SWAPCA 400
Regulation, General Regulations for Air Pollution Sources.
    (B) Regulations of the Southwest Air Pollution Control Authority--
Sections 010; 020; 030 except the second sentences of (14) and (43); 040
except (1)(c) and (1)(d) (2) (4) and the exception provision of (6)(a);
050 except the exception provision of (3); 052; 060; 070 except (7);
081; 090; 100 except the first sentence of (3)(a)(iv) and (5); 101; 105;
107; 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210; 220; 230;
240; 250; and 260, effective on November 8, 1993.
[[Page 691]]
    (52) On December 6, 1994, the Director of WDOE submitted to EPA a
contingency measure SIP revision for the Puget Sound Carbon Monoxide
Nonattainment Area to satisfy certain applicable requirements of the
Act.
    (i) Incorporation by reference.
    (A) Letter dated November 30, 1994 from WDOE to EPA submitting the
CO revision for the Puget Sound area and, ``A Plan for Attaining and
Maintaining National Ambient Air Quality Standards for the Puget Sound
Carbon Monoxide Nonattainment Area,'' replacement pages 10-1 through 10-
3, dated November 16, 1994, adopted November 29, 1994, and Attachment B
of Addendum E, ``Contingency Measure Plan Element for the Central Puget
Sound Region Carbon Monoxide State Implementation Plan--Final Plan,''
pages 1-15, dated May 26, 1994, and adopted November 29, 1994.
    (53) Various minor revisions consisting of amended regulations
affecting a local air agency, the Puget Sound Air Pollution Control
Agency, and a recodified Table of Contents for the SIP were submitted to
EPA from WDOE for inclusion into the Washington SIP.
    (i) Incorporation by reference.
    (A) Letters dated April 28, May 25, and December 5, 1994 from the
Director of the Washington State Department of Ecology to the EPA
Regional Administrator submitting minor revisions to PSAPCA's
regulations for inclusion into the SIP: Puget Sound Air Pollution
Control Agency, Regulations I, II, and III, adopted on May 4, 1994;
Puget Sound Air Pollution Control Agency, Regulations I, II, and III,
adopted on May 25, 1994; and Puget Sound Air Pollution Control Agency,
Regulations I, II, and III, adopted on December 8, 1994.
    (B) Letter dated January 26, 1995 from the Director of the
Washington State Department of Ecology to the EPA Regional Administrator
submitting the Recodified SIP Table of Contents, dated January 1995, and
adopted on February 1, 1995.
    (54) On March 8, 1994, the Director of WDOE submitted to the
Regional Administrator of EPA numerous revisions to the State of
Washington Implementation Plan which included updated new source review
regulations and provisions for voluntary limits on a source's potential
to emit. The revisions were submitted in accordance with the
requirements of section 110 and Part D of the Clean Air Act (hereinafter
the Act).
    (i) Incorporation by reference.
    (A) March 8, 1994 and May 8, 1995 letters from WDOE to EPA
submitting requests for revisions to the Washington SIP consisting of an
amended state regulation; Chapter 173-400 Washington Administrative Code
General Regulations for Air Pollution Sources, adopted on August 20,
1993, in its entirety with the exception of the following sections: -
040(1)(c) and (d); -040(2); -040(4); the second paragraph of -040(6);
the exception provision in -050(3); -070(7); -075; -112(8); -113(5); -
114; -115; -120; -131; -136; -141; and -180.
    (55) On January 22, 1993 the Director of the Washington State
Department of Ecology (WDOE) submitted the amendment to the Washington
SIP for Carbon Monoxide (CO) in the King, Pierce, and Snohomish
Counties' Urbanized Areas.
    (i) Incorporation by reference.
    (A) The January 22, 1993 letter from the Director of the WDOE
submitting the Amendment to the Washington SIP for Carbon Monoxide in
the King, Pierce, and Snohomish Counties' Urbanized Areas to EPA,
``Supplement to the SIP for Washington State, Puget Sound Carbon
Monoxide Nonattainment Area, January 1993,'' Section 6.0 Vehicle Miles
Traveled Forecasting and Tracking, adopted on January 22, 1993.
    (ii) Additional material.
    (A) VMT supplements to include the VMT Tracking Report data required
for the Puget Sound CO Nonattainment Areas, dated October 13, 1994 and
September 19, 1994.
    (56) On February 14, 1995, the Director for the Washington State
Department of Ecology (WDOE) submitted amended regulations for the
Northwest Air Pollution Authority (NWAPA) as a revision to the
Washington State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) The February 7, 1995 letter from the Director of WDOE submitting
the amended NWAPA regulations to the Environmental Protection Agency
(EPA); the Northwest Air Pollution
[[Page 692]]
Authority Regulations (approving sections 104.1, 132, 133, 200, 300,
301, 302, 322, 324 (except for 324.121), 340, 451, 462, 580) adopted on
February 10, 1995.
    (57) On May 2, 1995, WDOE submitted to EPA revisions to the
Washington SIP addressing the conditional approval of the State
Implementation Plan (SIP) for particulate matter (PM10) in the Tacoma
TIdeflats PM10 Nonattainment Area.
    (i) Incorporation by reference.
    (A) May 2, 1995 letter from WDOE to EPA Region submitting the SIP
revision for Particulate Matter in the Tacoma Tideflats, A Plan for
Attaining and Maintaining the National Ambient Air Quality Standard for
PM10, Supplement May 1995, adopted on May 4, 1995.
    (58) On February 21, 1995 and May 11, 1994, WDOE submitted to EPA
revisions to the Washington SIP addressing the contingency measures for
the Seattle and Kent PM-10 nonattainment plans.
    (i) Incorporation by reference.
    (A) February 21, 1995 letter from the Washington Department of
Ecology to EPA Region 10 submitting PSAPCA Section 13.07--Contingency
Plan, adopted December 8, 1994, as a revision to the Seattle PM-10
attainment plan and the Washington SIP.
    (B) May 11, 1994 letter from WDOE to EPA Region 10 submitting
clarifying documentation to the contingency measure for Kent Valley PM-
10 attainment plan.
    (59) Various minor revisions consisting of amended regulations
affecting a local air agency, PSAPCA, were submitted to EPA from the
WDOE for inclusion into the Washington SIP.
    (i) Incorporation by reference.
    (A) Letters dated May 17, and September 7, 1995 from the Director of
the WDOE to the EPA Regional Administrator submitting minor revisions to
PSAPCA's regulations for inclusion into the SIP: PSAPCA, Regulation I
adopted on May 22, 1995; PSAPCA, Regulation III adopted on September 11,
1995.
    (60) On November 29, 1995 the Director of WDOE submitted to the
Regional Administrator of EPA the Energy Facility Site Evaluation
Council Regulations (EFSEC) as a revision to the Washington State
Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) The November 29, 1995 letter from WDOE to EPA submitting
requests for revisions to the Washington SIP to include the Energy
Facility Site Evaluation Council Regulations; EFSEC Regulation Chapter
463-39 Washington Administrative Code General and Operating Permit
Regulations for Air Pollution Sources, (excluding the following
sections: 005 (2) through (4); -070; -090; -105; -115; -140; those
portions of -005(1), -020, -030, -095, -100, and -120 containing any
reference to regulations or provisions of regulations in Chapters 173-
400, 173-401, 173-406, 173-460, or 463-58a) adopted on November 16,
1995.
    (61) SIP revisions received from WDOE on August 21, 1995, requiring
vehicle owners to comply with its I/M program in the two Washington
ozone nonattainment areas classified as ``marginal'' and in the three
carbon monoxide nonattainment areas classified as ``moderate''. This
revision applies to the Washington counties of Clark, King, Pierce,
Snohomish, and Spokane.
    (i) Incorporation by reference.
    (A) July 26, 1995 letter from Director of WDOE to the Regional
Administrator of EPA submitting revisions to WDOE's SIP consisting of
the July 1995 Washington State Implementation Plan for the Motor Vehicle
Inspection and Maintenance Program (including Appendices A through F),
adopted August 1, 1995, and a supplement letter and ``Tools and
Resources'' table dated May 10, 1996.
    (62) On September 30, 1994, the Director of WDOE submitted to the
Regional Administrator of EPA a revision to the Carbon Monoxide State
Implementation Plan for, among other things, the CO attainment
demonstration for the Central Puget Sound carbon monoxide nonattainment
area. This was submitted to satisfy federal requirements under section
187(a)(7) of the Clean Air Act, as amended in 1990, as a revision to the
carbon monoxide State Implementation Plan.
    (i) Incorporation by reference.
    (A) September 30, 1994, letter from WDOE to EPA submitting an
attainment demonstration revision for the
[[Page 693]]
Central Puget Sound CO nonattainment area (adopted on September 30,
1994); a supplement letter and document from WDOE, ``Reexamination of
Carbon Monoxide Attainment Demonstration for the Tacoma Carbon Monoxide
Monitoring Site for the Supplement to the State Implementation Plan for
Washington State, A Plan for Attaining and Maintaining National Ambient
Air Quality Standards for Carbon Monoxide in the Puget Sound
Nonattainment Area,'' dated May 10, 1996; and a supplement letter and
document from WDOE, ``Revisions to the May 1996 Reexamination of Carbon
Monoxide Attainment Demonstration for the Tacoma Carbon Monoxide
Monitoring Site'', dated September 12, 1996.
    (63) On September 30, 1994, the Director of WDOE submitted to the
Regional Administrator of EPA a revision to the carbon monoxide State
Implementation Plan for, among other things, the 1990 and 1995 Emission
Inventories for Area, Nonhighway Mobile, and On-Road Mobile Sources.
    (i) Incorporation by reference.
    (A) September 30, 1994, letter from WDOE to EPA submitting emission
inventories for the Puget Sound CO nonattainment area (adopted on
September 30, 1994); NonHighway Mobile Sources Emission Inventory for
Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish
Counties Base Year 1990, dated December 1993; Stationary Area Sources
Emission Inventory for Carbon Monoxide and Precursors of Ozone for King,
Pierce and Snohomish Counties Base Year 1990, dated December 1993;
Stationary Area Sources Emission Inventory for Carbon Monoxide and
Precursors of Ozone for King, Pierce and Snohomish Counties Projection
Year 1995, dated September 1994; Supplement to the SIP, ``Puget Sound
Carbon Monoxide Nonattainment Area,'' Replacement Pages, dated September
1994; Non-Road Mobile Sources Emission Inventory for Carbon Monoxide and
Precursors of Ozone for King, Pierce and Snohomish Counties, Base Year
1990, dated September 1994; Non-Highway Mobile Sources Projections for
1995 Emission Inventory for Carbon Monoxide and Precursors of Ozone for
King, Pierce and Snohomish Counties, dated September 1994; Seattle-
Tacoma Urban Carbon Monoxide Nonattainment Area 1990 Base Year On Road
Mobile Source Emissions Inventory, dated August 1994; and Seattle-Tacoma
Urban Carbon Monoxide Nonattainment Area 1995 Projected Year On Road
Mobile Source Emissions Inventory, dated August 1994.
    (64) Minor revisions consisting of amended regulations affecting
WDOE and a local air agency, PSAPCA, were submitted to EPA from WDOE for
inclusion into the Washington SIP.
    (i) Incorporation by reference.
    (A) Letters dated January 26, 1995 and December 27, 1995 from the
Director of the WDOE to the EPA Regional Administrator which included
deletion of two regulations from the Washington SIP (Chapter 173-402 WAC
Civil Sanctions under Washington Clean Air Act, and Chapter 173-440 WAC
Sensitive Areas), adopted on February 1, 1995, and the following
revisions to PSAPCA's regulations for inclusion into the SIP: Regulation
I, Section 3.11 Civil Penalties, Section 5.07 Registration Fees, and
Section 5.11 Registration of Oxygenated Gasoline Blenders; and
Regulation III, Section 1.01 Policy, all adopted on September 14, 1995.
    (65) Several minor revisions consisting of amended regulations
affecting a local air agency, the Puget Sound Air Pollution Control
Agency, were submitted to EPA from the Washington State Department of
Ecology for inclusion into the Washington State Implementation Plan.
    (i) Incorporation by reference.
    (A) Letter dated May 24, 1996 from the Director of the Washington
State Department of Ecology to the EPA Regional Administrator submitting
revisions to the Puget Sound Air Pollution Control Agency regulations
for inclusion into the State Implementation Plan: Puget Sound Air
Pollution Control Agency, Regulation I, Article 8, Outdoor Fires,
sections 8.02, Outdoor Fires-Prohibited Types, and 8.05, Agricultural
Burning, effective 3/14/96; Puget Sound Air Pollution Control Agency,
Regulation III, Article 3, Source-Specific Emission Standards, section
3.03, Perchloroethylene Dry Cleaners, effective 12/14/95.
[[Page 694]]
    (66) On March 4, 1996 the Director of WDOE submitted to the Regional
Administrator of EPA a revision to the Ozone State Implementation Plan
for the Puget Sound area requesting the Puget Sound Nonattainment Area
be reclassified to attainment and containing a maintenance plan that
demonstrates continued attainment of the NAAQS for ozone. The emission
inventory projections are included in the maintenance plan.
    (i) Incorporation by reference.
    (A) Letter submitted on March 4, 1996 from the Washington State
Department of Ecology requesting the redesignation and submitting the
maintenance plan; Central Puget Sound Region Redesignation Request and
Maintenance Plan for the National Ambient Ozone Standard adopted on
Febuary 6, 1996.
    (ii) Additional material.
    (A) Appendices to the Central Puget Sound Region Redesignation
Request and Maintenance Plan for the National Ambient Ozone Standard,
November 1995: Appendix A, Technical Analysis Protocol; Appendix B,
Ozone Air Quality Monitoring Site Network; Appendix C, Ambient Ozone
Monitoring Data; Appendix D, Historical and Projected Puget Sound Region
VMT and Employment; Appendix E, 1993-2010 Emission Inventory Projection;
Appendix F, Transportation Conformity Process; Appendix G, Outline of
Puget Sound Tropospheric Ozone Research Plan; and Appendix H,
Prospective Vehicle Inspection and Maintenance (Vehicle I/M) Program
Evaluation Outline.
    (67) On February 29, 1996 the Director of WDOE submitted to the
Regional Administrator of EPA a revision to the Carbon Monoxide State
Implementation Plan for the Central Puget Sound area containing a
maintenance plan that demonstrated continued attainment of the NAAQS for
carbon monoxide through the year 2010 and also containing an oxygenated
fuels program as a contingency measure to be implemented if the area
violates the CO NAAQS.
    (i) Incorporation by reference.
    (A) The February 29, 1996 letter from WDOE to EPA requesting the
redesignation of the Puget Sound carbon monoxide nonattainment area to
attainment and submitting the maintenance plan; the Central Puget Sound
Region Redesignation Request and Maintenance Plan for the National
Ambient Carbon Monoxide Standard dated January 1996.
    (ii) Additional material.
    (A) Letter dated May 2, 1996, to EPA from the Puget Sound Air
Pollution Control Agency, subject ``Carbon Monoxide SIP Applicability on
Indian Lands;'' and Appendices to the Puget Sound Region Redesignation
Request and Maintenance Plan for the National Ambient Carbon Monoxide
Standard dated January 1996: Appendix A, Technical Analysis Protocol;
Appendix B, Carbon Monoxide Air Quality Data Monitoring Network;
Appendix C, Ambient Carbon Monoxide Monitoring Data; Appendix D,
Historical and Projected Puget Sound Region VMT and Employment; Appendix
E, Emission Inventory Projection; Appendix F, Analysis of the
Probability of Continued CO Attainment in Puget Sound; and Appendix G,
Transportation Conformity Process.
    (68) On March 19, 1996, the Director of Washington State Department
of Ecology (Washington) submitted to the Regional Administrator of EPA a
revision to the Carbon Monoxide State Implementation Plan for the
Vancouver area containing a maintenance plan that demonstrated continued
attainment of the NAAQS for carbon monoxide through the year 2006 and
also containing an oxygenated fuels program as a contingency measure to
be implemented if the area violates the CO NAAQS.
    (i) Incorporation by reference.
    (A) Letter dated March 19, 1996 from Washington to EPA requesting
the redesignation of the Vancouver carbon monoxide nonattainment area to
attainment and submitting the maintenance plan; the ``Supplement to the
State Implementation Plan for Carbon Monoxide (CO) in Vancouver, WA--
Redesignation Request for Vancouver, WA as Attainment for CO,'' dated
December 19, 1995, and adopted on February 29, 1996.
    (B) Letters dated January 22, 1993 and April 22, 1994 from
Washington to EPA submitting a revision and replacement pages to the
State Implementation
[[Page 695]]
Plan; enclosure dated November 1992 entitled ``Portland-Vancouver Carbon
Monoxide Non-attainment Area (Washington State Portion), 1990 Base Year
Emissions Inventory,'' together with the emission inventory replacement
pages for carbon monoxide in Vancouver, dated December 1993.
    (ii) Additional material.
    (A) Appendices to the Vancouver Area Redesignation Request and
Maintenance Plan for the National Ambient Carbon Monoxide Standard dated
December 1995: Appendix A, Technical Analysis Protocol; Appendix B,
Carbon Monoxide Air Quality Data Monitoring Network; Appendix C, Carbon
Monoxide Saturation Study; Appendix D, Carbon Monoxide Air Quality
Monitoring Data; Appendix E, Emission Inventory; Appendix F, Conformity
Process; Appendix G, Historical and Projected Population, Employment and
Households; Appendix H, Portland/Vancouver Carbon Monoxide Nonattainment
Area Separation Documentation; Appendix I, Washington Department of
Ecology Vancouver Carbon Monoxide Study; and Appendix J, Maintenance
Planning Process.
    (69) EPA received from the Washington Department of Ecology
PM<INF>10</INF> nonattainment area plans for Wallula and Spokane,
Washington, as revisions to the Washington state implementation plan.
    (i) Incorporation by reference.
    (A) November 13, 1991 letter from Washington Department of Ecology
(WDOE) to EPA Region 10 submitting the State Implementation Plan for
Particulate Matter in the Wallula Study Area, A Plan for Attaining and
Maintaining the National Ambient Air Quality Standard for
PM<INF>10</INF> (including Appendices ``D'' (Exceptional Events
Analysis), ``E'' (Reasonably Available Control Measure Analysis), ``F''
(Reasonably Available Control Technical Analysis of Boise Cascade,
Wallula), and ``H'' (Discussion of Modified Attainment Demonstration)),
adopted November 14, 1991; May 18, 1993 letter from WDOE forwarding a
report titled, ``Addendum to the State Implementation Plan for the
Wallula PM-10 Nonattainment Area, Reasonably Available Control Measure
Analysis'', further describing the control measures being implemented in
the area; June 23, 1994 letter from WDOE providing additional
information describing the status of the control measures and forwarding
an analysis of windblown dust in the area; April 28 and May 18, 1995,
letters from WDOE to EPA Region 10, providing additional information on
the allowable and fugitive emissions for point sources and air quality
dispersion modeling; June 1, 1995, letter from WDOE providing
information on allowable emissions; and a September 6, 1995, letter from
WDOE forwarding a revised emission inventory for point sources within
the Wallula nonattainment area.
    (B) December 9, 1994, letter from WDOE submitting the Spokane
PM<INF>10</INF> Attainment Plan (including Appendices ``C'' (Analysis of
PM<INF>10</INF> Data/Exceedances of the 24-Hour Standard), ``E''
(Detailed Analysis of Dust Storms/Analysis of the Impact of Biogenic
PM<INF>10</INF> Sources), ``F'' (Analysis of PM<INF>10</INF> Data/
Exceedances of the 24-Hour Standard, Excluding Dust Storms), ``I''
(Reasonable Available Control Measures Analysis), ``J,'' (Additional
Controls/Contingency Measures), ``K,'' (Dispersion Modelling and
Attainment Demonstration), and ``L,'' (Demonstration of Attainment of
the Annual Standard)), dated December 1994, and adopted December 12,
1994;
    (C) Spokane County Air Pollution Control Authority (SCAPCA) Order
No. 91-01 providing for an alternate opacity limit for the Kaiser
Aluminum and Chemical Corporation, Trentwood aluminum facility; SCAPCA
Orders 96-03, 96-04, 96-05 and 96-06 (all dated April 24, 1996) lowering
the potential to emit for the Kaiser Aluminum--Trentwood facility; and
    (D) SCAPCA regulations: Article VI, section 6.05, ``Particulate
Matter and Preventing Particulate Matter from Becoming Airborne,''
section 6.14, ``Standards for Control of Particulate Matter on Paved
Surfaces,'' and section 6.15, ``Standards for Control of Particulate
Matter on Unpaved Roads;'' (effective November 12, 1993); and Article
VIII, ``Solid Fuel Burning Device Standards,'' (adopted April 7, 1988).
    (ii) Additional material.
    (A) SCAPCA's zoning ordinance provisions requiring the paving of new
[[Page 696]]
parking lots (4.17.059 and 4.802.080 of the Zoning Code of Spokane
County, dated 5/24/90).
    (70) On January 24, 1996 the Director of WDOE submitted to the
Regional Administrator of EPA regulations of the SWAPCA for the control
of air pollution in Clark, Cowlitz, Lewis, Skamania and Wahkiakum
Counties, Washington (SWAPCA 400--General Regulation for Air Pollution
Sources).
    (i) Incorporation by reference.
    (A) The January 24, 1996, letter from WDOE to EPA submitting
requests for revisions to the Washington SIP to include regulations of
the SWAPCA for the control air of pollution in Clark, Cowlitz, Lewis,
Skamania and Wahkiakum Counties, Washington, as revisions to the
Washington SIP, State-effective September 21, 1995. EPA is approving the
following sections of SWAPCA 400--General Regulation for Air Pollution
Sources: 010; 020; 030 except the second sentence of (14), (45) and
(80); 040 except (1)(c), (1)(d), (2), (4) and (6)(a); 050 except the
exception provision of (3); 052; 060; 070 except (5); 074; 081; 091; 100
except the first sentence of (3)(a)(iv) and (4); 101; 105; 107; 109
except for (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i), 110; 112; 113;
114; 151; 161; 171; 190; 200; 205; 210; 220; 230; 240; 250; 260; 270;
and 280.
    (71) On March 6, 1996, the Director of the Washington State
Department of Ecology (Ecology) submitted to the Regional Administrator
of EPA a revision to the Puget Sound Air Pollution Control Agency
Regulations, Regulations I, II, and III.
    (i) Incorporation by reference.
    (A) Letter dated August 6, 1996 from the Department of Ecology to
EPA revising the Puget Sound Air Pollution Control Agency Regulations;
Regulation II Section 3.11 (Coatings and Ink Manufacturing), effective
on May 16, 1996; and Regulation III Section 3.01 (Hard and Decorative
Chromium Electroplating and Chromium Anodizing), effective on July 18,
1996.
    (72) On November 26, December 3, and December 11, 1996, the Director
of the Washington State Department of Ecology (Washington) submitted to
the Regional Administrator of EPA revisions to the State Implementation
Plan consisting of amendments to Washington regulations which remove the
requirement for oxygenated gasoline in the Vancouver and Central Puget
Sound areas.
    (i) Incorporation by reference.
    (A) Chapter 173-492, Washington Administrative Code (WAC), Motor
Fuel Specifications for Oxygenated Gasoline, adopted December 5, 1996;
Southwest Air Pollution Control Authority (SWAPCA) 492, Oxygenated
Fuels, effective November 21, 1996; and Puget Sound Air Pollution
Control Agency, Regulation II, Section 2.09, Oxygenated Gasoline
Contingency Measure and Fee Schedule, revised July 11, 1996.
    (73) The Washington Department of Ecology (WDOE) and the Oregon
Department of Environmental Quality (ODEQ) submitted Maintenance Plans
that demonstrate continued attainment of the NAAQS for O<INF>3</INF> and
requested redesignation of the Pdx/Van interstate nonattainment area
from nonattainment to attainment for O<INF>3</INF>. The SIP revision
requests were submitted by the WDOE on June 13, 1996, and by ODEQ on
August 30, 1996. A number of other O<INF>3</INF> supporting revisions
are included in this submittal they are: the 1990 O<INF>3</INF> Emission
Inventories; changes to the NSR programs; regulations implementing the
hybrid low enhanced I/M programs; an expanded vehicle inspection
boundary; minor RACT rule changes (Vancouver only); Employee Commute
Options rule (Portland only); Voluntary Parking Ratio rule (Portland
only); PSEL management rules (Portland only); and local area source
supporting rules.
    (i) Incorporation by reference.
    (A) Vancouver, Washington Ozone Maintenance Plan and Redesignation
Request--state adopted June, 17, 1996.
    (B) Washington Inspection and Maintenance SIP revision WAC 173 422-
030, -050, -060, -070, -170, -190--State adopted November 9, 1996.
    (C) NSR: SWAPCA 400-030 (except for the second sentence of
subsections (14) and (49), and subsection (84)), 101, 109 (except
subsections (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i)), 110, 111, 112,
113, 114, 116, and 190, effective November 21, 1996.
    (D) Supporting Rules.
[[Page 697]]
    (1) SWAPCA 491-010, -015, -020, -030, -040, -050, -060,--State-
effective on November 1, 1996.
    (2) SWAPCA 490-010, -020, -025, -030, -040, -080, -090, -200, -201,
-202, -203, -204, -205, -207, -208--State effective November 21, 1996.
    (3) SWAPCA 493-100, 493-200-010, -020, -030, -040, -050, -060, 493-
300-010, -020, -030, -040, -050, -060, 493-400-010, -020, -030, -040, -
050, -060, -070, 493-500-010, -020, -030, -040,--State effective May 26,
1996.
    Editorial Note: At 62 FR 42217, Aug. 6, 1997, the following
paragraph (c)(73) was added to Sec. 52.2470; however, paragraph (c)(73)
already exists in the 1997 edition:
    (73) On November 26, 1996 and April 7, 1997, the Director of the
Washington State Department of Ecology (Washington) submitted to the
Regional Administration of EPA revisions to the State Implementation
Plan consisting of minor amendments to Puget Sound Air Pollution Control
Agency (PSAPCA) Regulations I and III.
    (i) Incorporation by reference.
    (A) PSAPC Regulations approved--Regulation I, Sections 3.11, 3.23,
5.02, 5.05, 5.07, 6.03, 7.09--State-adopted 9/12/96. Regulation III,
Section 4.03--State-adopted 9/12/96. Regulation I, Sections 5.03 and
6.04--State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01, and
2.05--State-adopted 12/12/96.
    (74) On November 26, 1996 and April 7, 1997, the Director of the
Washington State Department of Ecology (Washington) submitted to the
Regional Administration of EPA revisions to the State Implementation
Plan consisting of minor amendments to Puget Sound Air Pollution Control
Agency (PSAPCA) Regulations I and III.
    (i) Incorporation by reference.
    (A) PSAPCA Regulations approved--Regulation I, Sections 3.11, 3.23,
5.02, 5.05, 5.07, 6.03, 7.09--State-adopted 9/12/96. Regulation III,
Section 4.03--State-adopted 9/12/96. Regulation I, Sections 5.03 and
6.04--State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01 and
2.05--State-adopted 12/12/96.
    (75) On January 22, 1993, September 14, 1993, and April 30, 1996,
the Director of the Washington Department of Ecology submitted to the
Regional Administrator of EPA four revisions to the SIP consisting of
amendments to the Spokane CO SIP.
    (i) Incorporation by reference.
    (A) Letter dated January 22, 1993, from Washington to EPA requesting
approval of revisions to the Spokane CO portion of the Washington State
Implementation Plan; the ``Supplement to the State Implementation Plan
for Washington State, Spokane Carbon Monoxide Nonattainment Area,''
dated January 1993, Sections 6.0, 6.1, 6.3, and 6.4.
    (B) Letter dated September 14, 1993, from Washington to EPA
providing supplementary information to that submitted on January 22,
1993; ``Spokane County Carbon Monoxide Non-attainment Area 1990 Base
Year Emissions Inventory,'' dated November 1992.
    (C) Two letters dated April 30, 1996, from Washington to EPA
submitting two revisions to the SIP; ``Supplement to A Plan for
Attaining and Maintaining National Ambient Air Quality Standards for the
Spokane Carbon Monoxide Nonattainment Area,'' dated March 1995; and
``Supplement to the State Implementation Plan for Washington State,
Spokane County Carbon Monoxide Nonattainment Area, Supplement 1 of 2,''
replacement pages for Sections 2.5 and 6.2 of Section 4.5.2.CO.1 of the
State Implementation Plan, dated January 1996; ``Supplement to the State
Implementation Plan for Washington State, Spokane County Carbon Monoxide
Nonattainment Area, Supplement 2 of 2,'' new Section 10.0, Contingency
Measures, of Section 4.5.2.CO.1 of the State Implementation Plan, dated
January 1996; and Spokane County Air Pollution Control Authority Motor
Fuel Specifications for Oxygenated Gasoline, Regulation I, Article VI,
Section 6.16, adopted July 6, 1995.
    (ii) Additional material.
    (A) Letter of September 29, 1995, submitting CO Periodic Emission
Inventory Reports; ``Spokane County Carbon Monoxide Nonattainment Area,
1993 Periodic Update Emissions Inventory,'' dated September 1995.
    (76) On March 24, 1989, the Washington Department of Ecology
submitted a plan for attaining and maintaining the NAAQS for PM10 in the
Yakima PM10 moderate nonattainment
[[Page 698]]
area requesting EPA's review and approval. The plan was amended with
additional submittals between 1992 and 1995.
    (i) Incorporation by reference.
    (A) The attainment plan is contained in the following documents: a
submittal of March 24, 1989, adopted that same date, from Washington
State Department of Ecology, titled, State Implementation Plan for
Particulate Matter--Yakima Area A Plan for Attaining and Maintaining the
National Ambient Air Quality Standard for PM10; a supplement to the plan
adopted August 19, 1992, titled, Supplement State Implementation Plan
for Particulate Matter (PM10) in Yakima, WA and an addendum adopted
February 3, 1994 on contingency measures.
    (B) Portions of Restated Regulation I of the Yakima County Clean Air
Authority, effective December 15, 1995, including Article I; Article II
except Section 2.01; Article III; Article IV; Article V except Section
5.09; Article VIII; Article IX; Article XI; Article XII except Section
12.02; and, Article XIII except Sections 13.04 and 13.05.
    (ii) Additional material:
    (A) August 19, 1992: A modeling and inventory supplement to the
original plan.
    (B) March 10, 1995: A supplemental information package primarily on
emissions and modeling.
    (C) June 27, 1995: A supplemental letter on monitoring, public
notice and emissions.
    (D) August 17, 1995: A supplemental emissions analysis.
    (E) November 3, 1995: More emissions analysis and the maintenance
demonstration.
    (77) On December 30, 1997, the Director of the Washington State
Department of Ecology submitted to the Regional Administration of EPA
revisions to the State Implementation Plan consisting of minor
amendments to Puget Sound Air Pollution Control Agency (PSAPCA)
Regulation I.
    (i) Incorporation by reference.
    (A) PSAPCA Regulations approved--Regulation I, Sections 3.11, 5.05,
5.07, 6.04, 6.10--State-adopted 9/11/97.
    (78) EPA approves a minor revision to the SIP dated January 8, 1998
to include a variance to a permit issued to the U.S. Army for the
operation of three heat recovery incinerators located at Fort Lewis by
local air pollution control agency, the Puget Sound Air Pollution
Control Agency.
    (i) Incorporation by reference.
    (A) Puget Sound Air Pollution Control Agency, Notice of Construction
No. 7216, Date: Nov 25, 1997.
     (79) February 22, 1999, letter from WDOE submitting a revision and
replacement pages to the State Implementation Plan for the Spokane PM-10
Attainment Plan that will preserve the applicability of Section 6.14
Standards for Control of Particulate Matter on Paved Surfaces, and
Section 6.15 Standards for Control of Particulate Matter on Unpaved
Roads, should the area be redesignated as attainment or the pre-existing
PM-10 standard is revoked for Spokane.
    (i) Incorporation by reference.
    (A) Spokane County Air Pollution Control Authority's Regulation I.,
Article VI: Section 6.14 Standards for Control of Particulate Matter on
Paved Surfaces and; Section 6.15 Standards for Control of Particulate
Matter on Unpaved Roads, effective February 13, 1999.
[37 FR 10900, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2470, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.2471  Classification of regions.
    The Washington plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Eastern Washington-Northern Idaho Interstate..............           I         IA       III         I        III
Northern Washington Intrastate............................          II        III       III       III        III
Olympic-Northwest Washington Intrastate...................          II         II       III       III        III
Portland Interstate.......................................           I         IA       III         I          I
[[Page 699]]
Puget Sound Intrastate....................................           I         IA       III         I          I
South Central Washington Intrastate.......................           I        III       III       III        III
----------------------------------------------------------------------------------------------------------------
[37 FR 10900, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45
FR 37836, June 5, 1980]
Sec. 52.2472  Extensions.
    The Administrator, by authority delegated under section 188(d) of
the Clean Air Act, as amended in 1990, extends for one year (until
December 31, 1995) the attainment date for the Spokane, Washington, PM-
10 nonattainment area and the Wallula, Washington, PM-10 nonattainment
area.
[60 FR 47280, Sept. 12, 1995]
Sec. 52.2473  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Washington's plan for the attainment and maintenance of
National Standards under section 110 of the Clean Air Act. The
regulations included in the SIP (See Table 52.2479) are applicable
statewide unless otherwise noted in the regulation itself. Furthermore,
the Administrator finds that the plan as identified in Sec. 52.2470
satisfies requirements of Part D, Title 1, of the Clean Air act as
amended in 1977, except as noted in the following sections. Continued
satisfaction of the requirements of Part D for the ozone portion of the
SIP depends on the adoption and submittal of RACT requirements by July
1, 1980 for the sources covered by CTGs issued between January 1978 and
January 1979 and adoption and submittal by each subsequent January of
additional RACT requirements for sources covered by CTGs issued by the
previous January. New source review permits pursuant to section 173 of
CAA 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.
[45 FR 37836, June 5, 1980, as amended at 46 FR 45609, Sept. 14, 1981;
47 FR 7840, Feb. 23, 1982]
Sec. 52.2474  General requirements.
    (a) 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
[[Page 700]]
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.
[40 FR 55334, Nov. 28, 1975]
Sec. 52.2475  [Reserved]
Sec. 52.2476  Discretionary authority.
    (a) This section applies to any variance, exception, exemption,
alternative emission limitation, bubble, alternative sampling or testing
method, compliance schedule revision, alternative compliance schedule,
or any other substantial change to a provision of the state
implementation plan, granted by the Department of Ecology, the
Department of Natural Resources, the Energy Facility Site Evaluation
Council, or a local air pollution control agency in accordance with any
discretionary authority granted under its statutes or regulations,
regardless of whether such statutes or regulations are part of the state
implementation plan.
    (b) Any change to a provision of the state implementation plan
described in paragraph (a) of this section must be submitted by the
state for approval by EPA in accordance with the requirements of 40 CFR
51.104.
    (c) Any change to a provision of the state implementation plan
described in paragraph (a) of this section does not modify the
requirements of the federally-approved state implementation plan or a
federally-promulgated implementation plan until approved by EPA as a
revision to the state implementation plan in accordance with section 110
of the Clean Air Act.
[56 FR 24136, May 29, 1991]
Secs. 52.2477-52.2478  [Reserved]
Sec. 52.2479  Contents of the federally approved, State submitted
          implementation plan.
    The following sections of the state and local regulations and
documents for the Washington State Implementation Plan for Air Quality,
for compliance with requirements of the Federal Clean Air Act, have been
approved by the U.S. Environmental Protection Agency (EPA), and are part
of the current federally-approved, implementation plan.
       Washington State Implementation Plan for Air Quality State and Local Requirements Table of Contents
----------------------------------------------------------------------------------------------------------------
                        Section 1--General [Dates in brackets indicate EPA approval date]
----------------------------------------------------------------------------------------------------------------
1.2  Energy Facilities Site Evaluation Council (EFSEC) Memorandum of Agreement [02/23/82]
1.3  Air Quality Monitoring, Data Reporting and Surveillance Provisions [04/15/81]
1.4  Maintenance of Pay Provision [08/14/81]
----------------------------------------------------------------------------------------------------------------
            Section 2--State Regulations and Statutes [Dates in brackets indicate date state adopted]
----------------------------------------------------------------------------------------------------------------
2.2  Department of Ecology Regulations
    2.2.400  WAC 173-400                              General Regulation for Air Pollution Sources
             173-400-010                              Policy and purpose [08/20/93]
             173-400-020                              Applicability [08/20/93]
             173-400-030                              Definitions [08/20/93]
             173-400-040                              General standards for maximum emissions [08/20/93, except
                                                       for sections (1)(c), (1)(d), (2), (4), and the second
                                                       paragraph of (6)]
             173-400-050                              Emission standards for combustion and incineration units
                                                       [08/20/93 except for the exception provision in section
                                                       (3)]
             173-400-060                              Emission standards for general process units [08/20/93]
             173-400-070                              Emission standards for certain source categories [08/20/
                                                       93, except for section (7)]
             173-400-081                              Startup and shutdown [08/20/93]
[[Page 701]]
             173-400-091                              Voluntary limits on emissions [08/20/93]
             173-400-100                              Registration [08/20/93]
             173-400-105                              Records, monitoring, and reporting [08/20/93]
             173-400-107                              Excess Emissions [08/20/93]
             173-400-110                              New source review (NSR) [08/20/93]
             173-400-112                              Requirements for new souces in nonattainment areas [08/20/
                                                       93, except for section (8)]
             173-400-113                              Requirements for new sources in attainment or
                                                       unclassifiable areas [08/20/93, except for section (5)]
             173-400-151                              Retrofit requirements for visibility protection [08/20/93]
             173-400-161                              Compliance schedules [08/20/93]
             173-400-171                              Public involvement [08/20/93]
             173-400-190                              Requirements for nonattainment areas [08/20/93]
             173-400-200                              Creditable stack height and dispersion techniques [08/20/
                                                       93]
             173-400-205                              Adjustment for atmospheric conditions [08/20/93]
             173-400-210                              Emission requirements of prior jurisdictions [08/20/93]
             173-400-220                              Requirements for board members [08/20/93]
             173-400-230                              Regulatory actions [08/20/93]
             173-400-240                              Criminal penalties [08/20/93]
             173-400-250                              Appeals [08/20/93]
             173-400-260                              Conflict of interest [08/20/93]
    2.2.402  WAC 173-402                              Civil Sanctions under Washington Clean Air Act
             173-402-010                              Prior regulations [06/24/80]
             173-402-020                              Subsequent regulations [06/24/80]
    2.2.405  WAC 173-405                              Kraft Pulp Mills
             173-405-012                              Statement of purpose [02/19/91]
             173-405-021                              Definitions [02/19/91]
             173-405-040                              Emission standards [02/19/91 except for sections (1)(b),
                                                       (1)(c), (3)(b), (3)(c), (4), (7), (8), and (9)]
             173-405-045                              Creditable stack height and dispersion techniques [02/19/
                                                       91]
             173-405-061                              More restrictive emission standards [02/19/91]
             173-405-072                              Monitoring requirements [02/19/91 except section (2)]
             173-405-077                              Report of startup, shutdown, breakdown or upset conditions
                                                       [02/19/91]
             173-405-078                              Emission inventory [02/19/91]
             173-405-086                              New source review (NSR) [02/19/91]
             173-405-087                              Prevention of significant deterioration (PSD) [02/19/91]
             173-405-091                              Special studies [02/19/91]
    2.2.410  WAC 173-410                              Sulfite Pulping Mills
             173-410-012                              Statement of purpose [02/19/91]
             173-410-021                              Definitions [02/19/91]
             173-410-040                              Emission standards [02/19/91 except sections (3) and (5)]
             173-410-045                              Creditable stack height and dispersion techniques [02/19/
                                                       91]
             173-410-062                              Monitoring requirements [02/19/91]
             173-410-067                              Report of startup, shutdown, breakdown or upset conditions
                                                       [02/19/91]
             173-410-071                              Emission inventory [02/19/91]
             173-410-086                              New source review (NSR) [02/19/91]
             173-410-087                              Prevention of significant deterioration (PSD) [02/19/91]
             173-410-100                              Special studies [02/19/91]
    2.2.415  WAC 173-415                              Primary Aluminum Plants
             173-415-010                              Statement of purpose [02/19/91]
             173-415-020                              Definitions [02/19/91 except sections (1) and (2)]
             173-415-030                              Emission standards [02/19/91 except sections (1) and
                                                       (3)(b)]
             173-415-045                              Creditable stack height and dispersion techniques [02/19/
                                                       91]
             173-415-050                              New source review (NSR) [02/19/91]
             173-415-051                              Prevention of significant deterioration (PSD) [02/19/91]
             173-415-060                              Monitoring and reporting [02/19/91 except sections
                                                       (1)(a)(b)(d)]
             173-415-070                              Report of startup, shutdown, breakdown or upset conditions
                                                       [02/19/91]
             173-415-080                              Emission inventory [02/19/91]
    2.2.422  WAC 173-422                              Motor Vehicle Emission Inspection
             173-422-010                              Purpose [02/28/80]
             173-422-020                              Definitions [02/28/80]
             173-422-030                              Vehicle emission inspection requirement [02/28/80]
             173-422-040                              Noncompliance areas [12/31/81]
[[Page 702]]
             173-422-050                              Emission contributing areas [12/31/81]
             173-422-060                              Gasoline vehicle emission standards [12/31/81]
             173-422-070                              Gasoline vehicle inspection procedures [12/31/81]
             173-422-090                              Exhaust gas analyzer specifications [12/31/81]
             173-422-100                              Testing equipment maintenance and calibration [12/31/81]
             173-422-110                              Data system requirements [12/31/81]
             173-422-120                              Quality assurance [02/28/80]
             173-422-130                              Inspection fees [12/31/81]
             173-422-140                              Inspection forms and certificates [12/31/81]
             173-422-160                              Fleet and diesel owner vehicle testing requirements [12/31/
                                                       81]
             173-422-170                              Exemptions [12/31/81]
             173-422-180                              Air quality standards [12/31/81]
    2.2.425  WAC 173-425                              Open Burning
             173-425-010                              Purpose [09/17/90]
             173-425-020                              Applicability [09/17/90]
             173-425-030                              Definitions [09/17/90]
             173-425-036                              Curtailment during episodes of impaired air quality [09/17/
                                                       90]
             173-425-045                              Prohibited materials [01/03/89]
             173-425-055                              Exceptions [09/17/90]
             173-425-065                              Residential open burning [09/17/90]
             173-425-075                              Commercial open burning [09/17/90]
             173-425-085                              Agricultural open burning [09/17/90]
             173-425-095                              No burn area designation [09/17/90]
             173-425-100                              Delegation of agricultural open burning program [09/17/90]
             173-425-115                              Land clearing projects [09/17/90]
             173-425-120                              Department of Natural Resources Smoke Management Plan [09/
                                                       17/90]
             173-425-130                              Notice of violation [09/17/90]
             173-425-140                              Remedies [09/17/90]
    2.2.430  WAC 173-430                              Burning of Field and Forage and Turf Grasses Grown for
                                                       Seed
             173-430-010                              Purpose [09/17/90]
             173-430-020                              Definitions [09/17/90]
             173-430-030                              Permits, conditions, and restrictions [09/17/90]
             173-430-040                              Mobile field burners [09/17/90]
             173-430-050                              Other approvals [09/17/90]
             173-430-060                              Study of alternatives [09/17/90]
             173-430-070                              Fees [09/17/90]
             173-430-080                              Certification of alternatives [09/17/90]
    2.2.433  WAC 173-433                              Solid Fuel Burning Device Standards
             173-433-010                              Purpose [12/16/87]
             173-433-020                              Applicability [12/16/87]
             173-433-030                              Definitions [09/17/90]
             173-433-100                              Emission performance standards [09/17/90]
             173-433-110                              Opacity standards [09/17/90]
             173-433-120                              Prohibited fuel types [09/17/90]
             173-433-130                              General emission standards [09/17/90]
             173-433-150                              Curtailment [09/17/90]
             173-433-170                              Retail sales fees [01/03/89]
             173-433-200                              Regulatory actions and penalties [09/17/90]
    2.2.434  WAC 173-434                              Solid Waste Incinerator Facilities
             173-434-010                              Purpose [09/17/90]
             173-434-020                              Applicability [09/17/90]
             173-434-030                              Definitions [09/17/90]
             173-434-050                              New source review (NSR) [09/17/90]
             173-434-070                              Prevention of significant deterioration (PSD) [09/17/90]
             173-434-090                              Operation and maintenance plan [09/17/90]
             173-434-100                              Requirement for BACT [09/17/90]
             173-434-130                              Emission standards [09/17/90 except section (2)]
             173-434-160                              Design and operation [09/17/90]
             173-434-170                              Monitoring and reporting [09/17/90]
             173-434-190                              Changes in operation [09/17/90]
             173-434-200                              Emission inventory [09/17/90]
             173-434-210                              Special studies [09/17/90]
    2.2.435  WAC 173-435                              Emergency Episode Plan
[[Page 703]]
             173-435-010                              Purpose [01/03/89]
             173-435-015                              Significant harm levels [01/03/89]
             173-435-020                              Definitions [01/03/89]
             173-435-030                              Episode stage criteria [01/03/89]
             173-435-040                              Source emission reduction plans [01/03/89]
             173-435-050                              Action procedures [01/03/89]
             173-435-060                              Enforcement [01/03/89]
             173-435-070                              Sampling sites, equipment, and methods [01/03/89 except
                                                       section (1)]
    2.2.440  WAC 173-440                              Sensitive Areas
             173-440-010                              Purpose [09/17/90]
             173-440-020                              Applicability [09/16/87]
             173-440-030                              Definitions [09/17/90]
             173-440-040                              Sensitive areas designated [09/16/87]
             173-440-100                              Standards [09/17/90]
             173-440-900                              Appendix A--Map [09/16/87]
    2.2.470  WAC 173-470                              Ambient Air Quality Standards for Particulate Matter
             173-470-010                              Purpose [09/16/87]
             173-470-020                              Applicability [09/16/87]
             173-470-030                              Definitions [01/03/89]
             173-470-100                              Ambient air quality standards [01/03/89]
             173-470-160                              Reporting of data [09/16/87]
    2.2.490  WAC 173-490                              Emission Standards and Controls for Sources Emitting
                                                       Volatile Organic Compounds
             173-490-010                              Policy and purpose [02/19/91]
             173-490-020                              Definitions [02/19/91]
             173-490-025                              General applicability [02/19/91]
             173-490-030                              Registration and reporting [02/19/91]
             173-490-040                              Requirements [02/19/91]
             173-490-080                              Exceptions and alternative methods [02/19/91]
             173-490-090                              New source review (NSR) [02/19/91]
             173-490-200                              Petroleum refinery equipment leaks [02/19/91]
             173-490-201                              Petroleum liquid storage in external floating roof tanks
                                                       [02/19/91]
             173-490-202                              Leaks from gasoline transport tanks and vapor collection
                                                       systems [02/19/91]
             173-490-203                              Perchloroethylene dry cleaning systems [02/19/91]
             173-490-204                              Graphic arts systems [02/19/91]
             173-490-205                              Surface coating of miscellaneous metal parts and products
                                                       [02/19/91]
             173-490-207                              Surface coating of flatwood paneling [02/19/91]
             173-490-208                              Aerospace assembly and component coating operations [02/19/
                                                       91]
    2.2.490  WAC 173-492                              Motor Fuel Specifications for Oxygenated Gasoline
             173-492-010                              Policy and purpose [10/07/92]
             173-492-020                              Applicability [10/07/92]
             173-492-030                              Definitions [10/07/92]
             173-492-060                              Labeling requirements [10/07/92]
             173-492-070                              Control areas and control periods [10/07/92]
2.3.EFSEC  Energy Facilities Site Evaluation Council Regulation   (EFSEC)
 2.3.463-39  WAC 463-39                               General Regulations for Air Pollution Sources
             463-39-010                               Purpose [07/23/79]
             463-39-020                               Applicability [07/23/79]
             463-39-030                               Additional definitions [07/23/79 except sections (4), (7),
                                                       (10), (24), (25), (30), (35), and (36)]
             463-39-040                               General standards for maximum permissible emissions [07/23/
                                                       79 except introductory paragraph]
             463-39-050                               Minimum emission standards for combustion and incineration
                                                       sources [07/23/79]
             463-39-060                               Minimum emission standards for general process sources [07/
                                                       23/79]
             463-39-080                               Compliance schedules [07/23/79]
             463-39-100                               Registration [07/23/79]
             463-39-110                               New source review (NSR) [07/23/79 except sections (1), the
                                                       first two sentences of (3)(b), (3)(c), (d), and (e)]
             463-39-120                               Monitoring and special report [07/23/79]
             463-39-130                               Regulatory actions [07/23/79]
[[Page 704]]
             463-39-135                               Criminal penalties [07/23/79]
             463-39-150                               Variance [07/23/79]
             463-39-170                               Conflict of interest [07/23/79]
----------------------------------------------------------------------------------------------------------------
    Section 3--Local Air Authority Regulations [Dates in brackets indicate local air authority adoption date]
----------------------------------------------------------------------------------------------------------------
3.NW  Northwest Air Pollution Authority (NWAPA)
             100                                      Name of Authority [02/10/93]
             101                                      Short Title [02/10/93]
             102                                      Policy [02/10/93]
             103                                      Duties and Powers [04/14/93]
             104                                      Adoption of State and Federal Laws and Rules [10/13/94]
             105                                      Separability [01/08/69]
             106                                      Public Records [01/08/69]
             110                                      Investigation and Studies [01/08/69]
             111                                      Interference or Obstruction [02/14/73]
             112                                      False and Misleading Oral Statements [02/14/73]
             113                                      Service of Notice [02/14/73]
             114                                      Confidential Information [04/14/93]
             120                                      Hearings [04/14/93]
             121                                      Orders [11/15/88]
             122                                      Appeals from Orders or Violations [11/15/88]
             123                                      Status of Orders on Appeal [11/15/88]
             124                                      Display of Orders [02/14/73]
             130                                      Citations--Notices [02/14/73]
             131                                      Violations--Notices [04/14/93]
             132                                      Criminal Penalty [10/13/94]
             133                                      Civil Penalty [10/13/94]
             134                                      Restraining Orders--Injunction [02/10/93]
             135                                      Additional Enforcement--Compliance schedules [04/14/93]
             140                                      Reporting By Government Agencies [04/14/93]
             145                                      Motor Vehicle Owner Responsibility [02/14/73]
             150                                      Pollutant Disclosure--Reporting by Air Contaminant Sources
                                                       [09/08/93]
             200                                      Definitions [10/13/94]
                                               Control Procedures
             300                                      Notice of Construction When Required [10/13/94]
             301                                      Information Required for Notice of Construction [10/13/94]
             302                                      Issuance of Approval or Order [10/13/94]
             303                                      Notice of Completion--Notice of Violation [08/09/78]
             310                                      Approval to Operate Required [04/14/93]
             320                                      Registration Required [04/14/93]
             321                                      General Requirements for Registration [04/14/93]
             322                                      Exemptions from Registration [10/13/94]
             323                                      Classes of Registration [4/14/93]
             324                                      Fees [10/13/94, except section .121]
             325                                      Transfer [04/14/93]
             340                                      Report of Breakdown and Upset [10/13/94]
             341                                      Schedule Report of Shutdown or Start-up [09/08/93]
             342                                      Operation and Maintenance [09/08/93]
             360                                      Testing and Sampling [02/14/73]
             365                                      Monitoring [02/08/89]
             366                                      Instrument Calibration [09/08/93]
                                                    Standards
             400                                      Ambient Air Standards--Forward [04/14/93]
             401                                      Suspended Particulate Standards (PM-10) [04/14/93]
             410                                      Sulfur Oxide Standards [04/14/93]
             420                                      Carbon Monoxide Standards [04/14/93]
             422                                      Nitrogen Oxide Standards [4/14/93]
             424                                      Ozone Standards [04/14/93]
             450                                      Emission Standards--Forward [04/14/93]
[[Page 705]]
             451                                      Emission of Air Contaminant--Visual Standards [10/13/94]
             452                                      Motor Vehicle Visual Standard [04/14/93, except section
                                                       .5]
             455                                      Emission of Particulate Matter [04/14/93]
             458                                      Incinerators--Wood Waste Burners [08/08/78]
             460                                      Sulfur Compounds--Heat/Weight Rate Standard [04/14/93]
             462                                      Sulfur Compounds--Emission Standard [04/14/93]
             466                                      Portland Cement Plants [04/14/93]
                                      Regulated Activities and Prohibitions
             510                                      Incinerator Burning [04/14/93]
             520                                      Sulfur Compounds in Fuel [04/14/93]
             550                                      Particulate Matter from Becoming Airborne [01/08/69]
             560                                      Storage of Organic Liquids [04/14/93]
             580                                      Volatile Organic Compound Control (VOC) [10/13/94]
3.PS  Puget Sound Air Pollution Control Agency (PSAPCA)
3.PS.1  Regulation I
                                 Article 1--Policy, short title, and definitions
             Section 1.01                             Policy [10/10/73]
             Section 1.03                             Name of agency [03/13/68]
             Section 1.05                             Short title [03/13/68]
             Section 1.07                             General definitions [04/14/94]
                                          Article 3--General provisions
             Section 3.01                             Duties and powers of the control officer [02/10/94]
             Section 3.05                             Investigation by control officer [02/10/94]
             Section 3.07                             Compliance tests [02/10/94]
             Section 3.09                             Violations--notice [08/08/91]
             Section 3.11                             Civil Penalties [09/08/94]
             Section 3.13                             Criminal Penalties [08/08/91]
             Section 3.15                             Additional Enforcement [08/08/91]
             Section 3.17                             Appeal of Orders [08/08/91]
             Section 3.19                             Confidential Information [08/08/91]
             Section 3.21                             Separability [08/08/91]
                                             Article 5--Registration
             Section 5.02                             Definition and Components of Registration Program [12/09/
                                                       82]
             Section 5.03                             Registration Required [02/10/94]
             Section 5.05                             General Requirements for Registration [08/09/90]
             Section 5.07                             Registration and Operating Permit Fees [09/08/94]
             Section 5.08                             Shut Down Sources [11/12/87]
             Section 5.11                             Registration of Oxygenated Gasoline Blenders [10/14/93]
                                          Article 6--New Source Review
             Section 6.03                             Notice of construction [11/19/92]
             Section 6.04                             Notice of construction review fees [10/28/93]
             Section 6.06                             Public notice [04/14/94]
             Section 6.07                             Order of approval--order to prevent construction [04/14/
                                                       94]
             Section 6.08                             Emission reduction credit banking [11/19/92]
             Section 6.09                             Notice of completion [04/14/94]
             Section 6.10                             Work done without an approval [07/08/93]
                                            Article 8--Outdoor fires
             Section 8.01                             Policy [04/09/92]
             Section 8.02                             Outdoor fires--prohibited types [05/13/93]
             Section 8.03                             Outdoor fires--prohibited areas [04/14/94]
             Section 8.04                             General conditions [04/14/94]
                                          Article 9--Emission standards
             Section 9.03                             Emission of air contaminant: visual standard [09/08/94]
             Section 9.04                             Deposition of particulate matter [06/09/83]
             Section 9.05                             Refuse burning [12/09/93]
             Section 9.07                             Sulfur dioxide emission standard [04/14/94]
[[Page 706]]
             Section 9.08                             Fuel oil standards [04/14/94]
             Section 9.09                             Particulate matter emission standards [02/10/94]
             Section 9.11                             Emission of air contaminant: detriment to person or
                                                       property [06/09/83]
             Section 9.13                             Emission of air contaminant: concealment and masking
                                                       restricted [06/09/88]
             Section 9.15                             Fugitive dust: emission standard [08/10/89]
             Section 9.16                             Spray coating operations [06/13/91]
             Section 9.20                             Maintenance of equipment [06/09/88]
                     Article 11--Ambient air quality standards and control measures required
             Section 11.01                            Air quality control standards [04/14/94]
             Section 11.02                            Ambient air monitoring [04/14/94]
                 Article 12--Standards of performance for continuous emission monitoring systems
             Section 12.01                            Introduction [08/10/89]
             Section 12.02                            Continuous emission monitoring requirements [08/10/89]
             Section 12.03                            Quality assurance requirements [08/10/89]
             Section 12.04                            Record keeping and reporting requirements [08/10/89]
                                 Article 13--Solid fuel burning device standards
             Section 13.01                            Policy and purpose [09/26/91]
             Section 13.03                            Opacity standards [10/11/90]
             Section 13.04                            Prohibited fuel types [09/26/91]
             Section 13.05                            Curtailment [09/26/91]
3.PS.2--Regulation II
                            Article 1--Purpose, policy, short title, and definitions
             Section 1.01                             Purpose [03/13/80]
             Section 1.02                             Policy [06/13/91]
             Section 1.03                             Short title [12/11/80]
             Section 1.04                             General definitions [12/11/80]
             Section 1.05                             Special definitions [02/10/94]
                                Article 2--Gasoline marketing emission standards
             Section 2.03                             Petroleum refineries [06/13/91]
             Section 2.04                             Volatile organic compound storage tanks [06/13/91]
             Section 2.05                             Gasoline loading terminals [12/09/93]
             Section 2.06                             Bulk gasoline plants [06/13/91]
             Section 2.07                             Gasoline stations [02/10/94]
             Section 2.08                             Leaks from gasoline transport tanks and vapor recovery
                                                       system [06/13/91]
             Section 2.09                             Oxygenated gasoline [05/12/94]
                      Article 3--Miscellaneous volatile organic compound emission standards
             Section 3.01                             Cutback asphalt paving [06/13/91]
             Section 3.03                             Can and paper coating operations [02/10/94]
             Section 3.04                             Motor vehicle and mobile equipment coating operations [12/
                                                       09/93]
             Section 3.05                             Graphic arts systems [12/09/93]
             Section 3.07                             Petroleum solvent dry cleaning systems [02/11/82]
             Section 3.08                             Polyester, vinylester, gelcoat, and resin operations [12/
                                                       09/93]
             Section 3.09                             Aerospace component coating operations [12/09/93]
             Section 3.11                             Coatings and ink manufacturing [12/09/93]
 3.PS.3--Regulation III
                                         Article 1--General requirements
             Section 1.01                             Policy [02/11/93]
             Section 1.02                             Short title [01/09/92]
             Section 1.03                             Area sources of toxic air contaminants [08/09/90]
             Section 1.05                             Purpose and approach [08/09/90]
             Section 1.07                             General definitions [01/09/92]
             Section 1.08                             Special definitions [07/08/93]
             Section 1.11                             Reporting requirements [08/09/90]
                               Article 2--Review of toxic air contaminant sources
             Section 2.01                             Applicability [04/14/94]
[[Page 707]]
             Section 2.05                             Registered sources of toxic air contaminants [04/14/94]
                                  Article 3--Source-specific emission standards
             Section 3.01                             Chromic acid plating and anodizing [12/09/93]
             Section 3.03                             Perchloroethylene dry cleaners [01/09/92]
             Section 3.05                             Solvent metal cleaners [08/09/90]
             Section 3.07                             Ethylene oxide sterilizers and aerators [01/09/92]
                                       Article 4--Asbestos control standard
             Section 4.01                             Application requirements and fees [07/08/93]
             Section 4.02                             Procedures for asbestos emission control [07/08/93]
             Section 4.03                             Disposal of asbestos-containing waste material [02/11/93]
                              Appendix A--Acceptable source impact level [10/14/94]
3.SC Spokane County Air Pollution Control Authority (SCAPCA)
3.SC.2 Regulation II
                                         Article IV--Emission prohibited
             Section 4.01                             Particulate emissions--grain loading restrictions [01/06/
                                                       75]
----------------------------------------------------------------------------------------------------------------
              Section 4--Regional Air Quality Plans [Dates in brackets indicate EPA approval date]
----------------------------------------------------------------------------------------------------------------
4.1 Olympic-Northwest Washington Intrastate
             4.1.2                                    Attainment Plans
             4.1.2.PM                                 Particulate Matter (PM<INF>10</INF>)
             4.1.2.PM.1                               Thurston County PM<INF>10</INF> [07/27/93]
             4.1.2.TSP                                Total Suspended Particulates (TSP)
             4.1.2.TSP.1                              Longview TSP [06/05/80]
4.2  Puget Sound Intrastate
             4.2.2                                    Attainment Plans
             4.2.2.CO                                 Carbon Monoxide (CO)
             4.2.2.CO.1                               Seattle CO [02/28/83]
             4.2.2.CO.2                               Tacoma CO [07/16/84]
             4.2.2.CO.3                               Puget Sound CO section 5.2 [01/22/93]
             4.2.2.OZ                                 Ozone (O<INF>3</INF>)
             4.2.2.OZ.1                               Seattle-Tacoma O<INF>3</INF> [02/28/83]
             4.2.2.PM                                 Particulate Matter (PM<INF>10</INF>)
             4.2.2.PM.1                               Kent PM<INF>10</INF> [07/27/93]
             4.2.2.PM.2                               Seattle PM<INF>10</INF> [conditional approval 08/22/94]
             4.2.2.PM.3                               Tacoma PM<INF>10</INF> [conditional approval 12/12/94]
             4.2.3                                    Lead Implementation Plan [04/01/85]
4.3  Southwest Washington Interstate
             4.3.2                                    Attainment Plans
             4.3.2.CO                                 Carbon Monoxide (CO)
             4.3.2.CO.1                               Vancouver CO [12/30/94]
             4.3.2.OZ                                 Ozone (O<INF>3</INF>)
             4.3.2.OZ.1                               Vancouver O3 [11/14/94]
             4.3.2.TSP                                Total Suspended Particulates (TSP)
             4.3.2.TSP.1                              Vancouver TSP [09/14/81]
             4.5                                      Eastern Washington Interstate
             4.5.2                                    Attainment Plans
             4.5.2.CO                                 Carbon Monoxide (CO)
             4.5.2.CO.1                               Spokane CO [03/22/82]
             4.5.2.CO.1a                              Spokane CO section 5.2 [01/22/93]
             4.5.2.TSP                                Total Suspended Particulates (TSP)
             4.5.2.TSP.1                              Spokane TSP [09/14/81]
4.6 South Central Washington Intrastate
             4.6.2                                    Attainment Plans
             4.6.2.CO                                 Carbon Monoxide (CO)
             4.6.2.CO.1                               Yakima CO [09/14/81]
----------------------------------------------------------------------------------------------------------------
[[Page 708]]
              Section 5--Federally Mandated Programs [Dates in brackets indicate EPA approval date]
----------------------------------------------------------------------------------------------------------------
5.BAP  Business Assistance Program [05/08/95]
5.IM  Motor Vehicle Inspection/Maintenance [06/05/80]
5.OXY  Oxygenated Gasoline Program [01/20/94]
5.SMP  Smoke Management Program [05/04/87]
5.VIS  Washington State Visibility Protection Program [05/04/87]
5.VIS.NSR  Visibility New Source Review (NSR) for nonattainment areas for Washington [06/26/86]
----------------------------------------------------------------------------------------------------------------
            Supplemental Section A--Reference Material [Dates in brackets indicate EPA approval date]
----------------------------------------------------------------------------------------------------------------
A.1  Description of Source Test Program for the State Implementation Plan [10/24/84]
----------------------------------------------------------------------------------------------------------------
  Supplemental Section B--Administrative and Procedural Material [Dates in brackets indicate EPA approval date]
----------------------------------------------------------------------------------------------------------------
B.3  Correspondence
B.3.1  Legal Authority [06/05/80]
B.3.2  Correspondence--Prior to 1991
B.3.2.1  New Source Performance Standards (NSPS) for Tri-Counties [09/23/81]
----------------------------------------------------------------------------------------------------------------
[60 FR 33735, June 29, 1995, as amended at 62 FR 68188, Dec. 31, 1997]
Secs. 52.2480-52.2494  [Reserved]
Sec. 52.2495  Voluntary limits on potential to emit
    Terms and conditions of regulatory orders issued pursuant to WAC
173-400-091 ``Voluntary limits on emissions'' and in accordance with the
provisions of WAC 173-400-091, WAC 173-400-105 ``Records, monitoring,
and reporting,'' and WAC 173-400-171 ``Public involvement,'' shall be
applicable requirements of the federally-approved Washington SIP and
Section 112(l) program for the purposes of section 113 of the Clean Air
Act and shall be enforceable by EPA and by any person in the same manner
as other requirements of the SIP and Section 112(l) program. Regulatory
orders issued pursuant to WAC 173-400-091 are part of the Washington SIP
and shall be submitted to EPA Region 10 in accordance with the
requirements of Secs. 51.104(e) and 51.326.
[60 FR 28728, June 2, 1995]
Sec. 52.2496  [Reserved]
Sec. 52.2497  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 (b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Washington.
    (c) In accordance with section 164 of the Clean Air Act and the
provisions of 40 CFR 52.21(g), the Spokane Indian Reservation is
designated as a Class I area for the purposes of preventing significant
deterioration of air quality.
[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 56
FR 14862, Apr. 12, 1991]
Sec. 52.2498  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.
[[Page 709]]
    (b) Regulations for visibility new source review. The provisions of
Sec. 52.28 are hereby incorporated and made a part of the applicable
plan for the State of Washington.
[51 FR 23228, June 26, 1986]
                        Subpart XX--West Virginia
Sec. 52.2520  Identification of plan.
    (a) Title of plan: ``State of West Virginia Implementation Plan to
Achieve and Maintain Air Quality Standards for Particulates, Sulfur
Oxides, Nitrogen Oxides, Carbon Monoxide, Hydrocarbons, and Oxidants.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Addition to the plan regarding legal authority to enforce State
laws in the City of Wheeling submitted on March 30, 1972, by the West
Virginia Air Pollution Control Commission.
    (2) Addition to the plan clarifying Resources section of SIP
submitted April 20, 1972, by the West Virginia Air Pollution Control
Commission.
    (3) Revision to plan regarding ``Permit to Construct'' rule,
Regulation XIII of the West Virginia Air Pollution Control Regulations,
submitted May 5, 1972, by the West Virginia Air Pollution Control
Commission.
    (4) Revision to the plan allowing John E. Amos power plant variance
to sulfur-in-fuel regulations submitted November 14, 1973, by the West
Virginia Air Pollution Control Commission.
    (5) AQMA designations were submitted on June 13, 1974, by the
Governor of West Virginia.
    (6) Indirect Source Review plan submitted on June 17, 1974, by the
West Virginia Air Pollution Control Commission.
    (7) Particulate matter regulation for Primary aluminum plants
submitted on November 8, 1974, by the West Virginia Air Pollution
Control Commission.
    (8) Deletion of secondary annual and 24 hour sulfur dioxide
standards from Regulation VIII submitted on March 16, 1976 by the
Governor of West Virginia.
    (9) Amendments to regulation X (to prevent and control air pollution
from the emission of sulfur oxides) (section 2.07 added), section 2.08
(former section 2.07), section 2.09 (former section 2.08), section 2.10
(former section 2.09), section 2.11 (former section 2.10), section 2.12
(former section 2.11), section 2.13 (former section 2.12), section 2.14
(former section 2.13), section 2.15 (former section 2.14), section 2.16
(former section 2.15), section 3.01 is superseded by new section 3.01
except section 3.01(1) Kammer Power Station which retains the old
section 3.01(a), section 3.02 is replaced by new section 3.02, section
3.03 is superseded by new section 3.03 except for section 3.03(2)
Rivesville Power Station, which retains the old section 3.03(a) and
section 3.01(b), section 3.03(1) (Harrison Power Plant) is approved as
an interim emission limitation only, sections 3.05, 3.06, and 3.07
(added), section 3.08 (former section 3.05), section 6.01 is superseded
by new section 6.01, new section 10 is added, section 11 (replaces
former section 10) of the West Virginia Administrative Regulations
submitted on January 25, 1978 (as amended September 13, 1978), by the
Governor.
    (10) Revised plans for attaining primary air quality standards for
TSP and SO<INF>2</INF> submitted to EPA by the Governor of West Virginia
on June 18, 1979. These plans are contained in a document entitled,
``Revisions to the State Implementation Plan to Achieve and Maintain Air
Quality Standards for Particulates, Sulfur Oxides, and Ozone.''
    (11) Revised plan for attaining the ozone standard submitted to EPA
by the Governor of West Virginia on November 21, 1979.
    (12) Revised Regulations III and VIII, and new Regulations XXI,
XXIII, and XXIV, submitted to EPA by the Governor of West Virginia on
December 19, 1979.
    (13) Amended Sections 3.01(2) and 3.03(1) of Regulation X (to
prevent and control air pollution from the emission of sulfur oxides),
submitted on January 25, 1978 and amended September 13, 1978 by the
Governor.
    (14) Amended Regulations VI and VII, and an Identification and
Analysis of the Impact of the 1979 West Virginia State Implementation
Plan, submitted by the Governor of West Virginia on June 13, 1980.
[[Page 710]]
    (15) An Implementation Plan for lead submitted by the Governor of
West Virginia on June 13, 1980, and supplementary information
subsequently submitted to show that lead sources would be subject to new
source review.
    (16) Test Procedure for Quantifying Emissions From Bulk Gasoline
Loading Terminals, submitted by the Governor of West Virginia on
November 6, 1980.
    (17) West Virginia's plans for attaining the secondary National
Ambient Air Quality Standard for total suspended particulate submitted
by the Governor of West Virginia on November 14, 1980.
    (18) The consent order allowing alternative emission limitations for
the Mountaineer Carbon Company, Moundsville, West Virginia, submitted on
July 2, 1982 by the West Virginia Air Pollution Control Commission.
    (19) Consent Order dated July 6, 1982 between National Steel
Corporation, Weirton Steel Division and the West Virginia Air Pollution
Control Commission submitted on July 6, 1982 by Mr. Donald R. Richardson
providing for an alternate emission control plan (bubble) for the
Weirton, West Virginia steel mill.
    (20) Amended Regulation VII of the West Virginia Air Pollution
Control Regulations submitted by the West Virginia Air Pollution Control
Commission on April 29, 1983.
    (21) A revision submitted by the State of West Virginia on November
4, 1983 which establishes an Ambient Air Quality Monitoring Network.
    (22) Amended Regulation XIX of the West Virginia Air Pollution
Control Regulations submitted by the West Virginia Air Pollution Control
Commission on April 29, 1983.
    (23) Regulation XIV (Permits for Construction and Major Modification
of Major Stationary Sources of Air Pollution for the Prevention of
Significant Deterioration) and a commitment letter submitted on June 13,
1984, and December 16, 1985, respectively, by the Chairman of the West
Virginia Air Pollution Control Commission.
    (i) Incorporation by reference.
    (A) Regulation XIV (Permits for the Construction and Major
Modification of Major Stationary Sources of Air Pollution for the
Prevention of Significant Deterioration) adopted by the State of West
Virginia on June 14, 1984.
    (B) Letter of December 16, 1985, in which the West Virginia Air
Pollutant Control Commission committed to comply with the July 8, 1985
rulemaking notice concerning stack heights in its PSD permitting.
    (24) Revisions to the State Implementation Plan submitted by the
West Virginia Air Pollution Control Commission.
    (i) Incorporation by reference.
    (A) Letter from the West Virginia Air Pollution Control Commission
dated September 14, 1990, submitting a revision to the West Virginia
State Implementation Plan.
    (B) A Consent Order, dated and effective September 12, 1990, issued
by the West Virginia Air Pollution Control Commission to the Columbia
Gas Transmission Corporation limiting the emissions and operation of a
compressor engine at its Lost River Compressor Station in Mathias, Hardy
County, West Virginia.
    (ii) Additional materials--remainder of the State submittal.
    (25) As of July 7, 1993 the rules in this paragraph (c)(25) are
superseded by the rules contained in paragraph (c)(33) of this section.
Revisions to the State Implementation Plan submitted by the West
Virginia Air Pollution Control Commission, which define and impose RACT
to control volatile organic compound emissions from bulk gasoline
terminals, petroleum refineries, and storage of petroleum liquids in
fixed roof tank facilities.
    (i) Incorporation by reference.
    (A) A letter from the West Virginia Air Pollution Control Commission
dated June 4, 1991, submitting a revision to the West Virginia State
Implementation Plan.
    (B) Amendments to Series 21, 23, and 24 of the regulations of the
West Virginia Air Pollution Control Commission, submitted June 4, 1991,
and effective May 6, 1991.
    (ii) Additional materials.
    (A) The nonregulatory portions of the state submittal.
    (26) Bilateral consent orders between the West Virginia Air
Pollution Control Commission and six companies to
[[Page 711]]
limit emissions of particulate matter. The effective date of the consent
order with Koppers is November 15, 1991; the effective date of the five
other orders cited in paragraph (i)(B), below, is November 14, 1991.
    (i) Incorporation by reference.
    (A) Letter dated November 12, 1991 from the West Virginia Department
of Commerce, Labor, and Environmental Resources transmitting six consent
orders.
    (B) Consent orders with the following companies (West Virginia order
number and effective date in parentheses): Follansbee Steel Corporation
(CO-SIP-91-31, November 14, 1991); International Mill Service,
Incorporated (CO-SIP-91-33, November 14, 1991); Koppers Industries,
Incorporated (CO-SIP-91-32, November 15, 1991); Standard Lafarge (CO-
SIP-91-29, November 14, 1991); Starvaggi Industries, Incorporated (CO-
SIP-91-34, November 14, 1991); and Wheeling-Pittsburgh Steel Corporation
(CO-SIP-91-29, November 14, 1991).
    (27) Revision to the State implementation plan consisting of a good
engineering practice (GEP) for stack heights regulation as submitted by
the Secretary, West Virginia Department of Commerce, Labor, and
Environmental Resources on April 2, 1990:
    (i) Incorporation by reference.
    (A) Letter from the Secretary, Department of Commerce, Labor, and
Environmental Resources dated April 2, 1990, submitting a revision to
the West Virginia State implementation plan.
    (B) Regulation 20 (45CSR20)--``Good Engineering Practice as Applies
to Stack Heights'' adopted by the State of West Virginia on April 8,
1989. The regulation became effective on July 14, 1989.
    (ii) Additional materials.
    (A) Remainder of the State implementation plan revision submitted by
the West Virginia Department of Commerce, Labor, and Environmental
Resources on April 2, 1990.
    (28) Revisions to the State Implementation Plan submitted by the
West Virginia Department of Commerce, Labor, and Environmental Resource
on August 15, 1990.
    (i) Incorporation by reference.
    (A) Letter from the West Virginia Department of Commerce, Labor, and
Environmental Resources dated August 15, 1990 submitting a revision to
the West Virginia State Implementation Plan.
    (B) Amendments to the West Virginia Code Chapter 16, Article 20--
Regulation VIII--``Ambient Air Quality Standards for Sulfur Oxides and
Particulate Matter''; Regulation XI--``Prevention of Air Pollution
Emergency Episodes''; and Regulation XIV--`` Permits for Construction
and Major Modification of Major Stationary Sources of Air Pollution for
the Prevention of Significant Deterioration''. All three rules were
adopted on March 19, 1990 and became effective April 25, 1990.
    (ii) Additional materials.
    (A) Remainder of the State Implementation Plan revision request
submitted by the West Virginia Department of Commerce, Labor, and
Environmental Resources on August 15, 1990.
    (29) Revisions to the State Implementation Plan submitted by the
Secretary, West Virginia Department of Commerce, Labor, and
Environmental Resources on April 2, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Secretary, Department of Commerce, Labor, and
Environmental Resources dated April 2, 1990 submitting a revision to the
West Virginia State Implementation Plan.
    (B) WVAPCC Rule TP-2--``Compliance Test Procedures for Regulation
II--`To Prevent and Control Particulate Air Pollution From Combustion of
Fuel in Indirect Heat Exchangers' '' adopted by the State of West
Virginia on April 8, 1989.
    (ii) Additional materials.
    (A) Remainder of the State Implementation Plan revision request
submitted by the West Virginia Department of Labor, Commerce, and
Environmental Resources on April 2, 1990.
    (30) The ten year ozone maintenance plan including emission
projections and contingency measures for Huntington, West Virginia
(Cabell and Wayne counties) as revised and effective on August 10, 1994
and submitted by the West Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) The ten year ozone maintenance plan including emission
projections
[[Page 712]]
and contingency measures for Huntington, West Virginia (Cabell and Wayne
counties) revised and effective on August 10, 1994.
    (31) The ten year ozone maintenance plan including emission
projections and contingency measures for Parkersburg, West Virginia
(Wood County) as revised and effective on August 10, 1994 and submitted
by the West Virginia Division of Environmental Protection; Office of Air
Quality:
    (i) Incorporation by reference.
    (A) The ten year ozone maintenance plan including emission
projections and contingency measures for Parkersburg, West Virginia
(Wood County) revised and effective on August 10, 1994.
    (32) The ten year ozone maintenance plan including emission
projections and contingency measures for Charleston, West Virginia
(Kanawha and Putnam Counties), as revised and effective on August 10,
1994 and submitted by the West Virginia Division of Environmental
Protection; Office of Air Quality:
    (i) Incorporation by reference.
    (A) The ten year ozone maintenance plan including emission
projections and contingency measures for the Charleston, West Virginia
(Kanawha and Putnam Counties) revised and effective August 10, 1994.
    (33) Revisions to the West Virginia State Implementation Plan
submitted on August 12, 1993 by the West Virginia Department of
Commerce, Labor & Environmental Resources.
    (i) Incorporation by reference.
    (A) Letter of August 10, 1993 from the West Virginia Department of
Commerce, Labor & Environmental Resources transmitting Title 45
Legislative Rules, Series 21, Regulation to Prevent and Control Air
Pollution from Emission of Volatile Organic Compounds.
    (B) Title 45 Legislative Rules, Series 21, Regulation to Prevent and
Control Air Pollution from Emission of Volatile Organic Compounds,
sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 21,
22, 23, 24, 25, 26, 27, 28, 29, 31, 36, 39, 41, 42, 43, 44, 45, 46, 47,
and 48, and Appendix A, which were adopted May 26, 1993 and effective
July 7, 1993.
    (ii) Additional material.
    (A) Remainder of August 10, 1993 State submittal pertaining to the
rules referenced in paragraph (c)(33)(i) of this section.
    (iii) Additional information.
    (A) The rules in this paragraph (c)(33) supersede the rules
contained in paragraph (c)(25) of this section.
    (34) Revisions to the West Virginia State Implementation Plan
submitted by the Secretary, West Virginia Department of Commerce, Labor,
and Environmental Resources, Office of Air Quality, on August 10, 1993.
    (i) Incorporation by reference.
    (A) Letter dated August 10, 1993 from the Secretary, West Virginia
Department of Commerce, Labor, and Environmental Resources, Office of
Air Quality submitting 45 Code of State Regulations (CSR) Series 29
``Rule Requiring the Submission of Emission Statements for Volatile
Organic Compounds and Oxides of Nitrogen Emissions'' as a revision to
the West Virginia State Implementation Plan. The effective date of this
rule, 45CSR29 is July 7, 1993.
    (B) West Virginia Regulation Title 45, Series 29, ``Rule Requiring
the Submission of Emission Statements for Volatile Organic Compounds and
Oxides of Nitrogen Emissions,'' consisting of Subsections: 1. General;
2. Definitions; 3. Applicability; 4. Compliance Schedule; 5. Emission
Statement Requirements; 6. Enforceability; and 7. Severability,
effective July 7, 1993.
    (ii) Additional Material.
    (A) Remainder of August 10, 1993 State submittal pertaining to 45
CSR Series 29, ``Rule Requiring the Submission of Emission Statements
for Volatile Organic Compounds and Oxides of Nitrogen Emissions.''
    (B) [Reserved]
    (35) Revisions to the West Virginia implementation plan for sulfur
dioxide (SO<INF>2</INF>) in New Manchester Grant-Magisterial District,
Hancock County submitted on February 17, 1995, as amended on May 3, 1996
by West Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of February 17, 1995 from Mr. David C. Callaghan,
Director, West Virginia Division of Environmental Protection
transmitting a SIP revision
[[Page 713]]
for the New Manchester-Grant Magisterial District, Hancock County
SO<INF>2</INF> nonattainment area.
    (B) Letter of May 3, 1996 from Mr. Laidley Eli McCoy, Ph.D.,
Director, West Virginia Division of Environmental Protection
transmitting an amendment to the February 17, 1995 SIP revision
submittal for the New Manchester-Grant Magisterial District, Hancock
County SO<INF>2</INF> nonattainment area.
    (C) Implementation plan document (as amended, May 3, 1996), entitled
``Revision to the West Virginia State Implementation Plan to Achieve and
Maintain the National Ambient Air Quality Standards for Sulfur Dioxide
in the New Manchester-Grant Magisterial District''.
    (D) Consent order entered into by and between the State of West
Virginia and the Quaker State Corporation on January 9, 1995. The
consent order was effective on January 9, 1995.
    (E) Consent order entered into by and between the State of West
Virginia and the Weirton Steel Corporation on January 9, 1995. The
consent order was effective on January 9, 1995.
    (ii) Additional material.
    (A) Remainder of West Virginia's February 17, 1995 submittal, as
amended on May 3, 1996.
    (36) The ten year ozone maintenance plan including emission
projections and contingency measures for Greenbrier County, West
Virginia effective on September 1, 1994 and submitted by the West
Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 9, 1994 from the West Virginia Division of
Environmental Quality transmitting the ozone maintenance plan for
Greenbrier County.
    (B) The ten year ozone maintenance plan including emission
projections and contingency measures for Greenbrier County, West
Virginia effective on September 1, 1994.
    (ii) Additional Material.
    (A) Remainder of September 9, 1994 State submittal pertaining to the
maintenance plan referenced in paragraph (c)(36)(i) of this section.
    (B) [Reserved]
    (37) Revisions to the West Virginia State Implementation Plan
submitted on May 16, 1995 by the West Virginia Division of Environmental
Protection:
    (i) Incorporation by reference.
    (A) Letter of May 16, 1995 from West Virginia Division of
Environmental Protection, transmitting the General Conformity Rule.
    (B) Title 45, Legislative Rule, Series 35 (45CSR35), Requirements
for Determining Conformity of General Federal Actions to Applicable Air
Quality Implementation Plans (General Conformity), effective May 1,
1995.
    (ii) Additional material.
    (A) Remainder of May 16, 1995 State submittal pertaining to 45CSR35
referenced in paragraph (c)(37) of this section.
    (38)  [Reserved]
    (39) Revisions to the West Virginia Regulations 45 CSR 14 submitted
on August 10, 1993 by the West Virginia Department of Commerce, Labor &
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of August 10, 1993 from the West Virginia Department of
Commerce, Labor & Environmental Resources transmitting revisions to 45
CSR 14 ``Permits for Construction and Major Modification of Major
Stationary Sources of Air Pollution for the Prevention of Significant
Deterioration''.
    (B) Revisions to 45 CSR 14, effective July 7, 1993, including
revisions to definitions and the addition of NO<INF>2</INF> increment
provisions. Not included in this incorporation by reference are 45 CSR
14 paragraphs 1.1, 1.2, 2.1, 2.4, 2.9, 2.11, 2.13, 2.13, 2.22, 2.26,
2.27, 2.32, 2.33 to 2.38, 3.2, 4.1 to 4.3, 5.1, 7.1 to 7.4, 8.1, 10.1,
10.4, 10.7, and 11.1.
    (40) Revisions to the West Virginia Regulations 45 CSR 14 submitted
on May 20, 1996 by the West Virginia Division of Environmental
Protection:
    (i) Incorporation by reference.
    (A) Letter of May 20, 1996 from the West Virginia Division of
Environmental Protection transmitting revisions to 45 CSR 14 ``Permits
for Construction and Major Modification of Major Stationary Sources of
Air Pollution for the Prevention of Significant Deterioration''.
[[Page 714]]
    (B) Revisions to 45 CSR 14, effective May 1, 1995, including the
addition of PM-10 increment provisions, revisions to definitions, and
preconstruction review requirements for electric steam generating units.
Not included in this incorporation by reference are 45 CSR 14 paragraphs
4.1 to 4.3, 7.3, 8.1, 10.1, 10.2, 10.4, and 11.1.
    (41) [Reserved]
    (42) Revisions to the West Virginia Regulations for coal preparation
and handling facilities 45CSR5 submitted on August 10, 1993 by the West
Virginia Department of Commerce, Labor and Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of August 10, 1993 from the West Virginia Department of
Commerce, Labor, and Environmental Resources transmitting revisions to
West Virginia's regulation 45CSR5 ``To Prevent and Control Air Pollution
From the Operation of Coal Preparation Plants and Coal Handling
Operations''.
    (B) Revisions to West Virginia regulation 45CSR5 regarding coal
preparation and handling plants specifically: Revisions to 45CSR5 which
require specific emission limits on particulate matter emissions at coal
preparation and handling facilities in the Follansbee PM10 nonattainment
area, monitoring of thermal driers and control equipment statewide,
revised permitting, testing and reporting requirements.
    (ii) Additional Material--Remainder of the August 10, 1993 submittal
on 45CSR5.
    (43) Revisions to West Virginia Regulation 45 CSR 13 submitted on
August 26, 1994 by the West Virginia Department of Environmental
Protection.
    (I) Incorporation by reference.
    (A) Letter of August 26, 1994 from the West Virginia Department of
Environmental Protection transmitting 45 CSR 13 ``Permits for
Construction, Modification, Relocation and Operation of Stationary
Sources of Air Pollutants, Notification Requirements, Temporary Permits,
General Permits, and Procedures for Evaluation''.
    (B) Revised version of 45 CSR 13 ``Permits for Construction,
Modification, Relocation and Operation of Stationary Sources of Air
Pollutants, Notification Requirements, Temporary Permits, General
Permits, and Procedures for Evaluation'', sections: 1 except for the
reference in subsection 1.1 to major stationary sources which have not
been issued a permit pursuant to 45 CSR 30, 2-8, 10, 11 except for
subsection 11.2, and Tables 45-13A and 45-13B, effective April 27, 1994.
    (ii) Additional Material.
    (A) Remainder of August 26, 1994 State submittal pertaining to 45
CSR 13, ``Permits for Construction, Modification, Relocation and
Operation of Stationary Sources of Air Pollutants, Notification
Requirements, Temporary Permits, General Permits, and Procedures for
Evaluation''.
    (B) Letter of September 5, 1996 from the West Virginia Office of Air
Quality requesting EPA approval of 45 CSR 13 under 112(l) of the Clean
Air Act, and clarifying that the definition of ``major stationary
source'' in 45 CSR 13 will be interpreted consistently with the 45 CSR
14 and 45 CSR 19 programs as to the types of source categories which
need to include fugitive emissions.
[37 FR 10901, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2520, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.2521  Classification of regions.
    The West Virginia 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)
----------------------------------------------------------------------------------------------------------------
Steubenville-Weirton-Wheeling Interstate.............           I          I       III       III           III
Parkersburg-Marietta Interstate......................           I         II       III       III           III
Huntington-Ashland-Portsmouth-Ironton Interstate.....           I        III       III       III           III
Kanawha Valley Intrastate............................           I        III       III       III           III
Southern West Virginia Intrastate....................         III        III       III       III           III
[[Page 715]]
North Central West Virginia Intrastate...............           I        III       III       III           III
Cumberland-Keyser Interstate.........................           I          I       III       III           III
Central West Virginia Intrastate.....................         III        III       III       III           III
Allegheny Intrastate.................................         III        III       III       III           III
Eastern Panhandle Intrastate.........................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------
[37 FR 10902, May 31, 1972]
Sec. 52.2522  Approval status.
    With the exceptions set forth below in this subpart, the
Administrator approves West Virginia's plan for the attainment and
maintenance of the national standards.
    (a) The Administrator approves the deletion of the provisions found
in section 3.03(b) of regulation X except as it applies to the
Rivesville plant, Monongahela Power Co.
    (b) The Administrator hereby extends the interim limitation of 5.12
lbs. SO<INF>2</INF> per million BTU for the Harrison power plant until a
permanent emission limitation is approved.
    (c) The Administrator approves the amended Sections 3.01(2) and
3.03(1) of West Virginia Air Pollution Control Commission Regulation X
submitted January 25, 1978 and amended September 13, 1978, as a plan for
attainment of the primary SO<INF>2</INF> NAAQS. The Administrator does
not approve the State's control strategy for attainment and maintenance
of the secondary SO<INF>2</INF> NAAQS submitted on those dates, so far
as it applies to the Mitchell and Harrison power stations.
    (d) The Administrator approves West Virginia's November 15, 1991 SIP
submittal for fulfilling all PM-10-specific requirements of part D of
the Clean Air Act applicable to the Follansbee, West Virginia PM-10
nonattainment area, except for the section 189(a)(1)(B) requirement for
a demonstration that the plan is sufficient to attain the PM-10 NAAQS,
which the Administrator is disapproving, and the section 172(c)(9)
requirement for contingency measures, which the Administrator has yet to
act upon.
    (e)-(f)  [Reserved]
    (g) The Administrator approves West Virginia's November 22, 1995 SIP
submittal for the Follansbee, West Virginia PM-10 nonattainment area as
fulfilling the section 189(a)(1)(B) requirement for a demonstration that
the plan is sufficient to attain the PM-10 NAAQS.
    (h) EPA disapproves the portion of 45 CSR 13 subsection 1
referencing major stationary sources which have not been issued a permit
pursuant to 45 CSR 30 and section 11.2, submitted by the West Virginia
Department of Environmental Protection on August 26, 1994, as revisions
to the West Virginia SIP. These provisions do not meet the requirements
of 40 CFR 51.160 for scope. EPA also disapproves 45 CSR 13 section 9,
submitted by the West Virginia Department of Environmental Protection on
August 26, 1994, as a revision to the West Virginia SIP. These
provisions do not meet the requirements of 40 CFR 51.161 for public
participation.
[38 FR 16170, June 20, 1973, as amended at 45 FR 39255, June 10, 1980;
45 FR 54051, Aug. 14, 1980; 45 FR 74480, Nov. 10, 1980; 47 FR 55396,
Dec. 9, 1982; 59 FR 37688, July 25, 1994; 60 FR 33925, June 29, 1995; 61
FR 58482, Nov. 15, 1996; 65 FR 2046, Jan. 13, 2000]
Sec. 52.2523  Attainment dates for national standards.
    The New Manchester and Grant Magisterial Districts in Hancock County
are expected to attain and maintain the secondary sulfur dioxide
(SO<INF>2</INF>) standards as soon as the Sammis Power Plant meets the
SO<INF>2</INF> limitations in the Ohio State Implementation Plan.
[61 FR 16063, Apr. 11, 1996]
[[Page 716]]
Sec. 52.2524  Compliance schedules.
    (a) 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.
    (b) Federal compliance schedules. (1) The owner or operator of any
boiler or furnace of more than 250 million Btu per hour heat input
subject to the emission limitation requirements of West Virginia
Administrative Regulations, Chapter 16-20, Series X (hereinafter
regulation X), section 3.01(a) or section 3.03(a), shall notify the
Administrator, no later than October 1, 1973, of his intent to meet the
requirements of said regulation by utilizing low-sulfur fuel, stack gas
desulfurization, or a combination of stack gas desulfurization and low-
sulfur fuel.
    (2) Any owner or operator of a stationary source subject to
paragraph (b)(1) of this section who elects to utilize low-sulfur fuel,
either alone or in combination with stack gas desulfurization, shall be
subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with the applicable regulation on June 30, 1975, and
for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
    (v) May 15, 1974--Initiate onsite modifications, if applicable.
    (vi) February 28, 1975--Complete onsite modifications, if
applicable.
    (vii) June 30, 1975--Final compliance with the requirements of
regulation X, section 3.01(a) or section 3.03(a).
    (3) Any owner or operator of a stationary source subject to
paragraph (b)(1) of this section who elects to utilize stack gas
desulfurization, either alone or in combination with low-sulfur fuel,
and any owner or operator of a stationary source subject to the emission
limitation requirements of regulation X, section 3.05, shall be subject
to the following compliance schedule:
    (i) October 15, 1973--Let necessary contracts for construction.
    (ii) February 28, 1974--Initiate onsite construction.
    (iii) February 28, 1975--Complete onsite construction.
    (iv) June 30, 1975--Final compliance with the requirements of
regulation X, section 3.01(a), section 3.03(a), or section 3.05.
    (4) The owner or operator of any boiler or furnace of more than 250
million Btu per hour heat input subject to the emission limitation
requirements of regulation X, section 3.01(b) or section 3.03(b) shall
notify the Administrator, no later than July 31, 1975, of his intent to
meet the requirements of said regulation by utilizing low-sulfur fuel,
stack gas desulfurization, or a combination of stack gas desulfurization
and low-sulfur fuel.
    (5) Any owner or operator of a stationary source subject to
paragraph (b)(4) of this section who elects to utilize low-sulfur fuel,
either alone or in combination with stack gas desulfurization, shall be
subject to the following compliance schedule:
    (i) August 31, 1975--Submit to the Administrator a projection of the
amount of fuel, by types, that will be substantially adequate to enable
compliance with the applicable regulation on June 30, 1978, and for at
least one year thereafter, as well as a statement as to whether boiler
modifications will be required. Submit final plans for modifications if
they will be required.
    (ii) October 31, 1975--Sign contracts with fuel suppliers for fuel
requirements as projected above.
    (iii) December 31, 1975--Let contracts for necessary boiler
modifications, if applicable.
    (iv) April 30, 1976--Initiate onsite modifications, if applicable.
    (v) April 30, 1977--Complete onsite modifications, if applicable.
    (vi) June 30, 1978--Final compliance with the requirements of
regulation X, section 3.01(b) or section 3.03(b).
[[Page 717]]
    (6) Any owner or operator of a stationary source subject to
paragraph (b)(4) of this section who elects to utilize stack gas
desulfurization, either alone or in combination with low-sulfur fuel,
shall be subject to the following compliance schedule:
    (i) October 30, 1975--Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be taken by the
source to achieve compliance with the applicable regulations.
    (ii) February 28, 1976--Let necessary contracts for construction.
    (iii) August 31, 1976--Initiate onsite construction.
    (iv) December 31, 1977--Complete onsite construction.
    (v) June 30, 1978--Final compliance with the requirements of
regulation X, section 3.01(b) or section 3.03(b).
    (7) Any owner or operator subject to the compliance schedule in
paragraph (b) (2), (3), (5) or (6) of this section shall certify to the
Administrator within five days after the deadline for each increment of
progress, whether or not the required increment of progress has been
met.
    (8) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
the final compliance date in the applicable regulation. Ten days prior
to such a test, notice must be given to the Administrator to afford him
the opportunity to have an observer present.
    (9) (i) None of the above paragraphs shall apply to a source which
is presently in compliance with applicable regulations and which has
certified such compliance to the Administrator by October 1, 1973. The
Administrator may request whatever supporting information he considers
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by
the Administrator shall satisfy the requirements of this paragraph for
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this
paragraph may submit to the Administrator no later than October 1, 1973,
a proposed alternative compliance schedule. No such compliance schedule
may provide for final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
    (iv) The requirements of this paragraph shall not apply to the
following sources for which a request for a postponement of the
applicability of regulation X had been submitted pursuant to section
110(f) of the Act prior to the date of publication of this regulation:
------------------------------------------------------------------------
                  Source                              Location
------------------------------------------------------------------------
Kammer Station, Ohio Power Company........  Moundsville.
Mitchell Station, Ohio Power Company......      Do.
Harrison Station, Monongahela Power         Haywood.
 Company.
Fort Martin Station, Monongahela Power      Maidsville.
 Company.
------------------------------------------------------------------------
    (10) 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 (b) (2), (3), (5), or (6) of
this section fails to satisfy the requirements of Secs. 51.261 and
51.262(a) of this chapter.
[38 FR 16170, June 20, 1973, as amended at 38 FR 22751, Aug. 23, 1973;
38 FR 24342, Sept. 7, 1973; 39 FR 32560, Sept. 9, 1974; 40 FR 3569, Jan.
23, 1975; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989]
Sec. 52.2525  Control strategy: Sulfur dioxide.
    (a) The provisions of Sec. 51.112(a) are not met because the State
did not adequately demonstrate that the deletion of section 3.03(b) of
West Virginia regulation X as it applies to the Rivesville plant would
not interfere with attainment and maintenance of the national ambient
air quality standard.
[43 FR 52240, Nov. 9, 1978, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.2526-52.2527  [Reserved]
Sec. 52.2528  Significant deterioration of air quality.
    (a) The requirements of Sections 160 through 165 of the Clean Air
Act are met since the plan includes approvable procedures for the
Prevention of Significant Air Quality Deterioration.
[[Page 718]]
    (b) Regulations for Preventing Significant Deterioration of Air
Quality, the provisions of Sec. 52.21(p) (4), (5), (6), and (7) are
hereby incorporated and made a part of the applicable state plan for the
state of West Virginia.
[51 FR 12518, Apr. 11, 1986]
Secs. 52.2529-52.2530  [Reserved]
Sec. 52.2531  1990 base year emission inventory.
    EPA approves as a revision to the West Virginia State Implementation
Plan the 1990 base year emission inventories for the Greenbrier county
ozone nonattainment area submitted by the Secretary, West Virginia
Department of Commerce, Labor & Environmental Resources on December 22,
1992. These submittals consist of the 1990 base year point, area, non-
road mobile, biogenic and on-road mobile source emission inventories in
Greenbrier County for the following pollutants: Volatile organic
compounds (VOC), carbon monoxide (CO), and oxides of nitrogen
(NO<INF>X</INF>).
[60 FR 39862, Aug. 4, 1995]
Sec. 52.2532  [Reserved]
Sec. 52.2533  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 Secs. 52.26 and 52.28 are hereby incorporated and made a
part of the applicable plan for the State of West Virginia.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of West
Virginia.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.2534  Stack height review.
    The State of West Virginia has declared to the satisfaction of EPA
that no State Implementation Plan emission limits, other than those for
the Kammer power plant, 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
September 16, 1988.
[55 FR 21752, May 29, 1990]
Sec. 52.2560  Small business technical and environmental compliance
          assistance program.
    On January 13, 1993, the Secretary of the West Virginia Department
of Commerce, Labor and Environmental Resources submitted a plan for the
establishment and implementation of a Small Business Technical and
Environmental Compliance Assistance Program as a state implementation
plan revision (SIP), as required by title V of the Clean Air Act. EPA
approved the Small Business Technical and Environmental Compliance
Assistance Program on September 15, 1993, and made it part of the West
Virginia SIP. As with all components of the SIP, West Virginia must
implement the program as submitted and approved by EPA.
[58 FR 48312, Sept. 15, 1993]
                          Subpart YY--Wisconsin
Sec. 52.2569  Identification of plan--conditional approval.
    (a) Revisions to the plan identified in Sec. 52.2570 were submitted
on the date specified.
    (1)-(3) [Reserved]
    (4) On November 15, 1993, and July 28, 1994, the Wisconsin
Department of Natural Resources (WDNR) submitted enhanced inspection and
maintenance (I/M) rules and a Request for Proposal (RFP) as a revision
to the State's ozone State Implementation Plan (SIP). The EPA
conditionally approved these rules and RFP based on the State's
commitment to amend its rules and sign its final I/M contract to address
deficiencies noted in to the final conditional approval. These final,
adopted rule amendments and final, signed contract must be submitted to
the EPA within one year of the EPA's conditional approval.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Chapter NR 485, effective July 1,
1993.
[[Page 719]]
    (ii) Additional materials.
    (A) SIP narrative plan titled ``Wisconsin--Ozone SIP--Supplement to
1992 Inspection and Maintenance Program Submittal,'' submitted to the
EPA on November 15, 1993.
    (B) RFP, submitted along with the SIP narrative on November 15,
1993.
    (C) Supplemental materials, submitted on July 28, 1994, in a letter
to the EPA.
[60 FR 2885, Jan. 12, 1995]
Sec. 52.2570  Identification of plan.
    (a) Title of plan: ``A Statewide Implementation Plan to Achieve Air
Quality Standards for Particulates, Sulfur Oxides, Nitrogen Oxides,
Hydrocarbons, Oxidants, and Carbon Monoxide in the State of Wisconsin.''
    (b) The plan was officially submitted on January 14, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) An abatement order for the Alma Power Plant in the Southeast
LaCrosse AQCR was issued on February 15, 1972, by the State Department
of Natural Resources. (Non-regulatory)
    (2) On March 3, 1972, the control strategy (IPP) for the Southeast
Wisconsin Interstate was submitted by the State Department of Natural
Resources. (Non-regulatory)
    (3) The air quality monitoring network was submitted by the State
Department of Natural Resources on March 16, 1972. (Non-regulatory)
    (4) Revisions to the air quality monitoring network were submitted
on April 7, 1972, by the State Department of Natural Resources. (Non-
regulatory)
    (5) A revised order, hearing documents and other information
concerning the meeting of standards by the Alma Power Plant was
submitted on January 19, 1973, by the Governor. Also submitted were
revisions to emergency episode levels regulation NR 154.01(41)(c)-3 and
NR 154.01(41)(c)-4.
    (6) Compliance schedules were submitted on June 26, 1973, by the
State.
    (7) Compliance schedules were submitted on October 11, 1973, by the
State.
    (8) Compliance schedules were submitted on October 19, 1973, by the
State.
    (9) Compliance schedules were submitted on November 10, 1973, by the
State.
    (10) Compliance schedules were submitted on December 12, 1973, by
the State.
    (11) The Governor of the State submitted the Air Quality Maintenance
Areas designations on June 21, 1974.
    (12) A request for an extension of the statutory timetable for the
submittal of the portion of the Wisconsin SIP which provides for the
attainment of the Secondary NAAQS for TSP was submitted by the Wisconsin
DNR on February 22, 1979, and was supplemented with additional
information on April 16, 1979 and May 13, 1980.
    (13) On June 4, 1979, the State submitted revisions to regulation NR
154.13 and to regulation NR 154.01 as it applies to regulation NR 154.13
and a commitment by the Wisconsin Natural Resources Board to adopt any
additional rules representing reasonably available control technology
which are necessary for the attainment of the ozone standard. NR 154.01
and NR 154.13 were published in the Wisconsin Administrative Register in
July 1979 and were amended in the August 1979 Register.
    (14) On November 27, 1979 the Wisconsin Department of Natural
Resources submitted revised rules NR 154.01 (126m), 154.02, 154.03 and
154.06. Support materials for these regulations were previously
submitted on July 12, 1979 and September 4, 1979.
    (15) On May 1, 1980, the Wisconsin Department of Natural Resources
submitted the sulfur dioxide regulations NR 154.12 (4) and (5) for the
Village of Brokaw, Marathon County and the City of Madison, Dane County.
    (16) On July 12, 1979, Wisconsin submitted its ozone and carbon
monoxide plan. This included the plan for the Green Bay, Madison, and
Milwaukee urban areas which include the ozone nonattainment counties of
Brown, Dane, Kenosha, Milwaukee, Ozaukee, Racine and Waukesha.
Supplemental materials and commitments were submitted on September 4,
1979, February 28, 1980, August 12, 1980, September 25, 1980, November
4, 1980 and April 9, 1981.
[[Page 720]]
    (17) On July 12, 1979, Wisconsin submitted its vehicle inspection
and maintenance program. Supplemental information and commitments were
submitted on August 1, 1979, October 16, 1979, May 7, 1980, May 8, 1980,
and April 9, 1981.
    (18) On July 12, 1979 Wisconsin submitted its new source review
regulations. Additional information was submitted on September 4, 1979,
November 27, 1979, May 1, 1980, and February 18, 1981. EPA is only
approving these submittals as they relate to the new source review plan
for nonattainment areas.
    (19) On April 18, 1980, the State of Wisconsin 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
Wisconsin on September 15, 1980.
    (20) On September 9, 1980, the State of Wisconsin submitted a
variance to regulation NR 154.13(3)(c) for Avis Rent-A-Car.
    (21) On October 29, 1980 the State submitted a variance to
regulation NR 154.13(3)(a) for Union Oil Company bulk gasoline terminal
in Superior.
    (22) On July 12, 1979, the State submitted revisions to Regulation
NR 154.09, Wisconsin Administrative Code.
    (23) Revision to plan allowing General Motors Assembly Division
Janesville plant variance from Regulation NR 154.13(4)(g) 4.a.,
Wisconsin Administrative Code submitted January 15, 1981 by the State
Department of Natural Resources.
    (24) On August 31, 1981, Wisconsin submitted a variance from the
provisions of Section NR 154.12(5)(a)2.b.2, and NR 154.12(5)(b)
Wisconsin Administrative Code, for the Oscar Mayer and Company plant
located in Madison, Wisconsin as a revision to the Wisconsin sulfur
dioxide SIP.
    (25) Revision to plan allowing W. H. Brady Company in Milwaukee
variance from regulation NR 154.13(4) (e) and (f), Wisconsin
Administrative Code, submitted January 22, 1982, by the State Department
of Natural Resources.
    (26) Revision to plan allowing Albany Carbide Corporation in Albany
variance from regulation NR 154.13(5)(a), Wisconsin Administrative Code,
submitted on December 22, 1981, by the State Department of Natural
Resources.
    (27) On January 15, 1981, the Wisconsin Department of Natural
Resources submitted revisions to regulations NR 154.01 and NR 154.13
representing reasonably available control technology which are necessary
to attain and maintain the ozone standard. A supplemental commitment was
submitted March 31, 1982.
    (28) On November 27, 1979, the State of Wisconsin submitted
implementation plan revision to satisfy the Part D, Title I of the Clean
Air Act for attainment and maintenance of the national ambient air
quality standards for particulate matter. The revision consists of NR
154.11, Wisconsin Administrative Code, Control of Particulate Matter.
Amendments to the plan were submitted by the State on November 6, 1980,
and June 10, 1981. Supplemental information and commitments were
submitted on May 1, 1980, May 13, 1982, and December 7, 1982. No
attainment plan was submitted for Columbia, Brown, Dane, Douglas,
Kenosha, Manitowoc, Marathon, Racine, Winnebago, and Wood Counties.
    (29) On July 15, 1982, the State of Wisconsin submitted a variance
to the compliance regulation requirements contained in NR
154.13(2)(a)1.d. for Lakehead Pipe Line Company, Inc., in Superior.
    (30) On December 7, 1982, Wisconsin submitted revisions to
regulations NR 154.01 and NR 154.11(2) for fugitive dust control in or
near nonattainment areas for TSP.
    (31) On March 8, 1983, the Wisconsin Department of Natural Resources
submitted the 1982 revision to the Ozone/Carbon Monoxide SIP for
Southeastern Wisconsin. This revision pertains to Kenosha, Milwaukee,
Ozaukee, Racine, Walworth, Washington, and Waukesha Counties. EPA is
deferring action on the vehicle inspection and maintenance (I/M) portion
of this revision.
    (32) On February 17, 1983, the Wisconsin Department of Natural
Resources submitted the newly created section NR 154.13(13)(e) of
Wisconsin's Administrative Code which partially exempts methylene
chloride
[[Page 721]]
(dichloromethane) and methyl chloroform (1,1,1-trichloroethane) from the
VOC control requirements contained in the Wisconsin SIP. The U.S.
Environmental Protection Agency is not rulemaking at this time on the
sulfur dioxide control requirements for the City of Brokaw in Marathon
County which were also contained in the February 17, 1983, submittal.
    (33) On January 23, 1984, the State of Wisconsin submitted a State
Implementation Plan revision revoking the Hydrocarbon Standard contained
in NR 155.03(5).
    (34) On July 1, 1983, the State of Wisconsin submitted ambient lead
standards and lead emission limitations as additions to the State
Implementation Plan. The additions consist of NR 155.03(7), Lead:
Primary and Secondary Standards, and NR 154.145, Control of Lead
Emissions, of the Wisconsin Administrative Code. Supplemental
information and commitments were submitted on October 13, 1983, March
14, 1984, June 4, 1984, and June 15, 1984.
    (35) On September 20, 1983, the Wisconsin Department of Natural
Resources submitted its Lead SIP for the entire State of Wisconsin.
Additional information was submitted on February 14, 1984, and March 14,
1984.
    (36) On December 8, 1983, the Wisconsin Department of Transportation
submitted Chapter TRANS 131, Motor Vehicle Inspection and Maintenance
Program (MVIP). On June 11, 1984, the Wisconsin Department of Natural
Resources requested that USEPA approve the remaining element of the 1982
Ozone/Carbon Monoxide SIP, the vehicle inspection and maintenance
portion (I-M). All other elements of the Ozone/Carbon Monoxide SIP has
been approved previously. (See Section 52.2570 (c)(31)).
    (37) On May 25, 1984, the Wisconsin Department of Natural Resources
submitted a permit fee rule, Chapter NR 410, which establishes air
permit application fees and air permit implementation and enforcement
fees, as a revision to the SIP.
    (38) On January 23, 1984, the Wisconsin Department of Natural
Resources (WDNR) submitted SO<INF>2</INF> emission limits for large
electric utility sources located in the City of Milwaukee, Milwaukee
County, Wisconsin.
    WDNR recodified the rule and on October 23, 1987, submitted it as
recodified.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Natural Resources (NR) 418.04 as
found at (Wisconsin) Register, September 1986, No. 369, effective
October 1, 1986.
    (39) On January 23, 1984, the Wisconsin Department of Natural
Resources submitted revisions to sections NR 154.01 and NR 154.13 of the
Wisconsin Administrative Code. These revisions incorporate volatile
organic compound emission limits for large existing petroleum dry
cleaners located in a six-county area of southeastern Wisconsin into the
Wisconsin Ozone SIP [NR 154.13(6)(c)].
    (40) On November 17, 1983, Wisconsin submitted revisions to Sections
NR 154.01, Definitions, and NR 154.13, Control of Organic Compound
Emissions, of the Wisconsin Administrative Code. These revisions clarify
the volatile organic compound RACT rules and establish an extended RACT
compliance date for certain can coating operations. On July 11, 1984,
Wisconsin submitted additional information revising the original
submittal.
    (i) Incorporation by reference.
    (A) Board Order A-36-82, incorporating revisions to NR 154.01 and NR
154.13 of the Wisconsin Administrative Code, became effective in the
State of Wisconsin on August 1, 1983.
    (41) On January 24, 1985, the Wisconsin Department of Natural
Resources submitted test methods for petroleum dry cleaning sources as a
revision to the Wisconsin SIP. These test methods are part of the
State's ``Air Management Operations Handbook''.
    (i) Incorporation by reference.
    (A) Test methods for petroleum dry cleaning sources contained in the
Wisconsin Department of Natural Resources' ``Air Management Operations
Handbook''.
    (42) On July 12, 1979, the State of Wisconsin submitted its new
source review (NSR) regulations. Additional information was submitted on
September 4, 1979, November 27, 1979, May 1, 1980, and February 18,
1981. USEPA has previously approved these submittals as
[[Page 722]]
they relate to the NSR plan for nonattainment areas. See (c) (18). USEPA
is now approving these submittals as they relate to the general NSR
requirements for attainment and unclassified areas. USEPA is not
approving these submittals with regard to the Prevention of Significant
Deterioration (PSD) requirements, and USEPA's approval of Wisconsin's
NSR rules should not be interpreted to apply to PSD. USEPA is approving
Secs. 144.394(2) and 144.394(5) of the State Statutes provided that all
variances (144.394(2)) and emission reduction options (144.394(5)) are
submitted to USEPA as SIP revisions. On November 6, 1985, the State
submitted a letter committing to: (1) Revise its regulations to conform
with USEPA's July 8, 1985, rulemaking concerning stack height credits
for air quality modeling; and (2) implement all air quality modeling
analyses to conform with the July 8, 1985, rulemaking until the revised
State regulations are enacted.
    (i) Incorporation by reference. (A) The following Sections of
Chapter 144 of the Wisconsin Statutes, entitled ``Water, Sewage, Refuse,
Mining, and Air Pollution, are incorporated by reference. These sections
are located in Subchapter I, ``Definitions'', Subchapter III, ``Air
Pollution'', and Subchapter VII, ``General Provisions, Enforcement and
Penalties'', of Chapter 144.
Section 144.01 (1), (2), (3), (9m), and (12)--Definitions
Section 144.30--Air Pollution; Definitions
Section 144.31--Air Pollution Control; Powers and Duties
Section 144.34--Inspections
Section 144.375--Air Pollution Control; Standards and Determinations
Section 144.38--Classification and Reporting
Section 144.391--Air Pollution Control Permits
Section 144.392--Permit Application and Review
Section 144.393--Criteria for Permit Approval
Section 144.394--Permit Conditions
Section 144.395--Alteration, Suspension and Revocation of Permits
Section 144.396--Permit Duration
Section 144.397--Operation Permit Review
Section 144.398--Failure to Adopt Rules or Issue Permit or Exemption
Section 144.399--Fees
Section 144.402--Petition for Alteration
Section 144.403--Hearings on Certain Air Pollution Actions
Section 144.423--Violations; Enforcement
Section 144.426--Penalties for Violations Relating to Air Pollution
Section 144.98--Enforcement; Duty of Department of Justice
    (B) The following Sections of Chapter NR 154 of the Wisconsin
Administrative Code, entitled ``Air Pollution Control'', are
incorporated by reference.
Section 154.01--Definitions
Section 154.04--Permit Requirements and Exemptions
Section 154.05--Action on Applications
Section 154.055--Relocation of Portable Sources
Section 154.06--Operation and Inspection of Sources (Source Reporting,
          Recordkeeping, Testing, Inspection and Operation)
Section 154.08--Enforcement and Penalties
Section 154.21--Limitations on County, Regional, or Local Regulations
Section 154.24--Procedures for Non-contested Case Public Hearings
Section 154.25--Procedures for Alteration of Permits by Petition
    (C) Letter from the State of Wisconsin dated November 6, 1985,
committing to implement USEPA's stack height regulations.
    (43) On October 13, 1983, the State of Wisconsin submitted revisions
to Chapter NR 154 of the Wisconsin Administrative Code that exempt
certain sources from the need to obtain construction, modification, and
operation permits, and from other permit program requirements. USEPA is
approving these permit exemptions for attainment, nonattainment, and
unclassified areas, except for those exemptions upon which USEPA is
deferring action (Sections NR 154.01(118), NR 154.04(3)(a), NR
154.04(5), and NR 154.04(6)(b)).
    (i) Incorporation by reference.
    (A) Sections NR 154.01, NR 154.04, NR 154.08, NR 154.24, and NR
154.25 of Natural Resources Board Order Number A-39-81, which were
published in the Wisconsin Administrative Register in April 1983, and
which took effect on May 1, 1983, with the exception of sections NR
154.01(118), NR 154.04(3)(a), NR 154.04(5), and NR 154.04(6)(b).
    (ii) Additional material.
    (A) Letter from the State dated May 24, 1984, clarifying that major
sources, or major modifications of major sources, could not be exempted
from the requirement to obtain a permit
[[Page 723]]
under sections NR 154.04(2)(a) or NR 154.04(3)(b).
    (B) Letter from the State dated July 13, 1984, stating that
decisions made pursuant to NR 154.25 would be subject to the permitting
criteria in Sec. 144.393 of the Wisconsin Statutes.
    (44) On August 20, 1985, Wisconsin submitted a revision to its
volatile organic compound plan for the Continental Can Company. The
revision allows the use of internal offsets, in conjunction with daily
weighted emission limits, at Continental Can's Milwaukee and Racine can
manufacturing facilities.
    (i) Incorporation by reference.
    (A) NR 422.05, as published in the (Wisconsin) Register, September,
1986, number 369, effective October 1, 1986.
    (45) Submittal from the State of Wisconsin, dated February 17, 1983,
modifying the SO<INF>2</INF> emission limits applicable in the Village
of Brokaw, Marathon County, Wisconsin.
    (i) Incorporation by reference.
    (A) Letter from the Wisconsin Department of Natural Resources, dated
February 17, 1983, and revised SO<INF>2</INF> emission limits for the
Village of Brokaw, Marathon County, Wisconsin, which are contained in
section NR 154.12(4) of the Wisconsin Administrative Code. The revisions
consist of limiting the maximum sulfur content in fuel oil burned in
boilers to 1.0 percent by weight, where a stack of 160 feet or more is
used; limiting process emissions from the Copeland recovery system, pulp
papermill cooking acid plant, and pulp digester blow stack to a combined
total of 228 pounds of SO<INF>2</INF> per hour, when vented to a common
stack of 160 feet of more. If a stack height of less than 160 feet is
used, or if the process emissions are not vented to acommon stack of 160
feet or more, then the emission limits approved by USEPA on April 9,
1981, must be met. See (c)(15). The emission limits were effective
January 1, 1983.
    (46) The State of Wisconsin submitted negative declarations for
several volatile organic compound source categories, as follows:
November 7, 1984--Synthetic organic chemical manufacturing industry
sources (SOCMI) leaks and oxidation;
September 19, 1984--High-density polyethylene, polypropylene, and
polystyrene resin manufacturers;
June 6, 1986--Natural gas/gasoline processing plants leaks.
    (i) Incorporation by reference.
    (A) Letters dated November 7, 1984, September 19, 1984, and June 6,
1985, from Donald F. Theiler, Director, Bureau of Air Management,
Wisconsin Department of Natural Resources.
    (ii) Additional information.
    (A) Letter dated January 24, 1986, from PPG Industries, Inc.,
stating that they do not produce as an intermediate or final product any
of the chemicals listed in 40 CFR part 60, subpart VV, Sec. 60.489(a).
    (47) Submittal from the State of Wisconsin, dated December 19, 1985,
revising the specified levels for air pollution episodes, air pollution
episode reporting requirements, and the requirements for implementing
air pollution control plans.
    (i) Incorporation by reference.
    (A) Department of Natural Resources, Chapter NR 493, Air Pollution
Episode Levels and Episode Emissions Control Action Programs, NR 493.01,
493.02 and 493.03, effective on August 1, 1985.
    (48) On April 7, 1986, the WDNR submitted a site-specific revision
to its ozone SIP for VOC emissions from Union Camp's four flexographic
printing presses at the Tomah facility, located in Monroe County,
Wisconsin. It consists of a compliance date extension from December 31,
1985, to December 31, 1987, for meeting the VOC emission limits
contained in Wisconsin SHIP regulation, NR 154.13(4)(1).
    (i) Incorporation by reference.
    (A) January 8, 1986, RACT Variance Review for Union Camp Corporation
501 Williams Street, Tomah, Wisconsin 54660.
    (49) Submittal from the State of Wisconsin, dated June 14, 1985,
revising the Wisconsin Administrative Code to include section NR
154.015, Department Review Times.
    (i) Incorporation by reference.
    (A) Letter from the Wisconsin Department of Natural Resources, dated
June 14, 1985, and section NR 154.015 of the Wisconsin Administrative
Code as
[[Page 724]]
a revision to the Wisconsin SIP, effective on May 1, 1985. Section NR
154.015 is entitled ``Department Review Times'', and it establishes time
limits for review and action by the Wisconsin Department of Natural
Resources on three types of air permit applications.
    (50) On November 20, 1986, the State of Wisconsin submitted a
revision to the Vehicle Inspection and Maintenance program (I/M) portion
of its ozone/CO SIP. This was a revised rule Table 1 for NR 485.04,
Wisconsin Administrative Code, plus State SIP Revision Certification.
    (i) Incorporation by reference.
    (A) Wisconsin revised rule NR 485.04, Wisconsin Administrative Code,
effective November 1, 1986.
    (51) [Reserved]
    (52) On December 1, 1987, the Wisconsin Department of Natural
Resources (WDNR) submitted NR 418.06. NR 418.06 is an SO<INF>2</INF>
rule which is only applicable to the Badger Paper Mills facility,
located in the City of Peshtigo, Marinette County, Wisconsin.
    (i) Incorporation by reference. (A) Natural Resources (NR) 418.06,
Peshtigo RACT sulfur limitations, as published in the (Wisconsin)
Register, October 1987, No. 382 at page 74, effective November 1, 1987.
    (53)-(54) [Reserved]
    (55) On January 28, 1985, Wisconsin submitted its Rothschild
(Marathon County) SO<INF>2</INF> plan, which contains emission limits
for sources in the City of Rothschild and the Town of Weston,
specifically for the Weyerhaeuser Paper Company and the Reed-Lignin
Company, respectively. USEPA is approving NR 418.08 because this
revision meets the requirements of part D of the Clean Air Act, 42
U.S.C. 7501-7508. The Wisconsin SIP, however, contains additional
existing requirements for SO<INF>2</INF>. Today's action on NR 418.08
has been integrated within Wisconsin's existing SIP regulations, and
does not eliminate a source's obligation to comply with all existing
SO<INF>2</INF> SIP requirements. Specifically, today's action in no way
affects the terms and conditions of a Federal Consent Decree entered
into by USEPA and the Weyerhaeuser Company located in Rothschild,
Wisconsin No. 89-C-0973-C (W.D. Wis., filed November 1, 1989). This
Consent Decree resolves USEPA's enforcement action against Weyerhaeuser
Company for violations of SIP rule NR 154.12(1) (now recodified as
418.08). In that Decree, Weyerhaeuser committed to comply with NR
154.12(1) by installing a desulfurization scrubber. August 15, 1989, the
WDNR issued a construction permit to Weyerhaeuser which limit the
combined emissions of Weyerhaeuser's acid plant and desulfurization
scrubber to 28 pounds of SO<INF>2</INF> per hour. The conditions and
terms of this construction permit and of the Consent Decree remain
federally enforceable. On May 9, 1987, 18 months past the effective date
of USEPA's designation of Marathon County as a primary SO<INF>2</INF>
non-attainment area (October 9, 1985, (50 FR 41139)), a construction
moratorium was imposed in Marathon County under section 110(a)(2)(I) of
the Clean Air Act because the county did not have a USEPA approved plan
which assured the attainment and maintenance of the SO<INF>2</INF>
NAAQS. However, USEPA final approval of Rothschild's SO<INF>2</INF> SIP
will lift the section 110(a)(2)(I) construction ban in Marathon County.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Natural Resources 418.08,
Rothschild RACT sulfur limitations, as published in the (Wisconsin)
Register, September, 1986, number 369, effective October 1, 1986.
    (ii) Additional information.
    (A) Weyerhaeuser Company, Federal Consent Decree No. 89-C-0973-C
(W.D. Wis., filed November 1, 1989).
    (56) [Reserved]
    (57) On January 13, 1987, WDNR submitted a temporary variance from
NR 154.13(4)(g) and interim emission limits for VOC emissions from
General Motors Corporation's topcoat and final repair lines at
Janesville, Wisconsin, which expire on December 31, 1992.
    (i) Incorporation by reference. (A) January 12, 1987, letter to Mike
Cubbin, Plant Manager, General Motors Corporation from L.F. Wible, P.E.,
Administrator, Division of Environmental Standards.
    (58) [Reserved]
    (59) On November 6, 1986, WDNR submitted a variance from NR
422.15(2)(b),
[[Page 725]]
subject to certain conditions, for the VOC emissions from Gehl Company's
dip tank coating operation in West Bend, Wisconsin. On May 22, 1990,
WDNR added four additional conditions to the revised plan, and on
September 5, 1990, it submitted clarifications to the plan.
    (i) Incorporation by reference. (A) A November 6, 1986, letter from
Lyman Wible, P.E., Administrator, Division of Environmental Standards,
WDNR to Mr. Michael J. Mulcahy, Vice-President, Secretary and General
Counsel, Gehl Company.
    (B) A May 10, 1990, letter from Lyman Wible, P.E., Administrator,
Division of Environmental Standards, WDNR to Mr. Michael J. Mulcahy,
Vice-President, Secretary and General Counsel, Gehl Company.
    (ii) Additional information. (A) A September 5, 1990, letter from
Thomas F. Steidl, Attorney, WDNR to Louise C. Gross, Associated Regional
Counsel, USEPA.
    (60) On January 23, 1984, and May 21, 1987, the WDNR submitted a
proposed revision and additional information to the SO<INF>2</INF> SIP
for sources located in the cities of Green Bay and DePere, Wisconsin
(Brown County).
    (i) Incorporation by reference. (A) Natural Resources 418.05, Green
Bay and DePere RACT sulfur limitations, as published in the (Wisconsin)
Register, September, 1990, No. 417 at page 96, effective October 1,
1986.
    (ii) Additional information. (A) A July 16, 1990, letter from Don
Theiler, Director Bureau of Air Management, WDNR additional information
responding to USEPA's comments on the variable emission limits for
Proctor & Gamble-Fox River, James River Corporation, and Green Bay
Packaging.
    (B) An August 27, 1986, letter from Vicki Rudell, Air Management
Engineer, WDNR to Mr. Bill Zabor, Proctor & Gamble, Fox River Mill,
regarding averaging time to be used when determining SO<INF>2</INF>
emission limit exceedances and the concept of bubbling SO<INF>2</INF>
emission limit from the digester blow stack scrubber and brown stock
washer stack.
    (C) A July 13, 1990, letter from W.F. Zabor, Environmental Control
Manager, Proctor & Gamble to WDNR regarding the shut down of the bark
combustor.
    (D) A June 12, 1990, letter from Scott E. Valitchka, Environmental
Control Engineer, James River Corporation, regarding how it intends to
determine compliance with its boiler SO<INF>2</INF> emissions.
    (E) A July 9, 1990, letter from Brian F. Duffy, Corporate
Environmental Director Mills Operations to WDNR regarding SO<INF>2</INF>
emission limits and compliance demonstration.
    (F) A January 21, 1987, memorandum from Sudhir V. Desai,
Environmental Engineer Central District Office, USEPA to Rashidan Khan,
Engineering Section, USEPA, entitled ``Overview Inspection Green Bay
Packaging Inc., Mill Division Green Bay, Wisconsin 54307, State FID
405032100 (A21055)''.
    (61) [Reserved]
    (62) On December 11, 1991, the United States Environmental
Protection Agency received a revision to Wisconsin's State
Implementation Plan for Carbon Monoxide. This revision took the form of
Administrative Order AM-91-71, dated November 22, 1991, which
incorporates a stipulation between the Wisconsin Department of Natural
Resources and the Brunswick Corporation d.b.a. Mercury Marine. The
Administrative Order addresses the emissions of carbon monoxide into the
ambient air from Mercury Marine Engine Testing Facility in Oshkosh,
Wisconsin.
    (i) Incorporation by reference.
    Administrative Order AM-91-71, dated November 22, 1991, which
incorporates a stipulation between the Wisconsin Department of Natural
Resources and the Brunswick Corporation d.b.a. Mercury Marine.
    (ii) Additional materials.
    Attainment modeling demonstration of control strategy to limit
carbon monoxide emissions from Mercury Marine Engine Testing Facility,
dated December 20, 1989.
    (63) Revisions to the sulfur dioxide attainment plan were submitted
by the State of Wisconsin between June 5, 1985, and January 27, 1992.
The revised plan consists of: Natural Resources 417.07, Natural
Resources 417.04, several operating permits, numerous administrative
rules, numerous negative declarations, and some compliance plans.
[[Page 726]]
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Natural Resources (NR) 417.07,
Statewide Sulfur Dioxide Emission Limitations: Subsections 1
(Applicability); 2a, 2b, 2c, 2d, 2g (Emission Limits for Existing
Sources); 3 (Emission Limits for New Sources); 4 (More Restrictive
Emission Limits); 5 (Alternate Emission Limits); 6 (Compliance
Schedules); 7 (Compliance Determinations); 8 (Variance from Emission
Limits); as published in the (Wisconsin) Register, September, 1990,
Number 417 at page 86, effective October 1, 1986.
    (B) Wisconsin Administrative Code, NR 417.04, Southeastern Wisconsin
Intrastate AQCR, as published in the (Wisconsin) Register, September,
1990, Number 417 at page 85, effective October 1, 1986.
    (C) An Air Pollution Control Permit (MIA-10-DFS-82-36-101), dated
and effective December 22, 1982, issued by the Wisconsin Department of
Natural Resources to The Manitowoc Company, Inc., limiting the emissions
and operation of Boiler #23 at the facility in Manitowoc, Manitowoc
County, Wisconsin.
    (D) An Air Pollution Control Permit (EOP-10-DFS-82-36-102), dated
and effective January 12, 1983, and amended on August 7, 1987, issued by
the Wisconsin Department of Natural Resources to the Manitowoc Company,
Inc., limiting the emissions and operation of Boilers #20, 21, and 22 at
the facility in Manitowoc, Manitowoc County, Wisconsin.
    (E) An Administrative Order (86-436041870-J01), dated and effective
November 25, 1986, issued by the Wisconsin Department of Natural
Resources to the Manitowoc Company, Inc., South Works Facility, limiting
the emissions and operation of Boilers #20 and 21 at the facility in
Manitowoc, Manitowoc County, Wisconsin.
    (F) An Administrative Order (86-445038550-J01), dated and effective
October 27, 1986, issued by the Wisconsin Department of Natural
Resources to Appleton Papers, Inc., limiting the emissions and operation
of Boiler #22 at the facility in Appleton, Outagamie County, Wisconsin.
    (G) A letter from Andrew Stewart to Dennis Hultgren, dated and
effective on October 9, 1986, that details the conditions of the
compliance plan for Appleton Papers at the facility in Appleton,
Outagamie County, Wisconsin.
    (H) An Administrative Order (86-445039100-J01), dated and effective
December 23, 1986, issued by the Wisconsin Department of Natural
Resources to the Fox River Paper Company, limiting the emissions and
operation of Boiler #21 at the facility in Appleton, Outagamie County,
Wisconsin.
    (I) An Administrative Order (87-445009950-N01), dated and effective
May 7, 1987, issued by the Wisconsin Department of Natural Resources to
the Sanger B. Powers Correctional Center, limiting the emissions and
operation of Boilers #1 and 2 at the facility in Oneida, Outagamie
County, Wisconsin.
    (J) An Air Pollution Control Permit (86-SJK-072), dated and
effective July 28, 1987, issued by the Wisconsin Department of Natural
Resources to the Thilmany Pulp and Paper Company, limiting the emissions
and operation of Boilers #07, 08, 09, 10, and 11 at the facility in
Kaukauna, Outagamie County, Wisconsin.
    (K) An Administrative Order (87-469034390-J01), dated and effective
January 22, 1987, issued by the Wisconsin Department of Natural
Resources to the FWD Corporation, limiting the emissions and operation
of Boilers #21, 22, and 23 at the facility in Clintonville, Waupaca
County, Wisconsin.
    (L) An Administrative Order (86-471030560-J01), dated and effective
October 29, 1986, issued by the Wisconsin Department of Natural
Resources to the Gilbert Paper Company, limiting the emissions and
operation of Boilers #22, 23, 24, and 25 at the facility in Menasha,
Winnebago County, Wisconsin.
    (M) An Administrative Order (86-471031000-J01), dated and effective
November 25, 1986, issued by the Wisconsin Department of Natural
Resources to Kimberly Clark-Neenah Paper and Badger Globe Division,
limiting the emissions and operation of Boilers #21 and 22 at the
facility in Neenah, Winnebago County, Wisconsin.
    (N) An Administrative Order (86-471031220-J01), dated and effective
October 27, 1986, issued by the Wisconsin
[[Page 727]]
Department of Natural Resources to the U.S. Paper Mills Corporation-
Menasha Mill Division, limiting the emissions and operation of Boiler
#21 at the facility in Menasha, Winnebago County, Wisconsin.
    (O) A Mandatory Operating Permit (735008010-J01), dated and
effective June 16, 1987, issued by the Wisconsin Department of Natural
Resources to Owens-Illinois Tomahawk and Timber STS, Inc., limiting the
emissions and operation of Boilers #24, 25, 27, 28, and 29 at the
facility in Tomahawk, Lincoln County, Wisconsin.
    (P) An Administrative Order (86-750011350-J01), dated and effective
September 16, 1986, issued by the Wisconsin Department of Natural
Resources to the Del Monte Corporation, limiting the emissions and
operation of Boilers #01 and 02 at the facility in Plover, Portage
County, Wisconsin.
    (Q) An Air Pollution Control Permit (85-RV-013), dated and effective
July 17, 1985, issued by the Wisconsin Department of Natural Resources
to the Neenah Paper Company, limiting the emissions and operation of
Boiler #01 at the facility in Stevens Point, Portage County, Wisconsin.
    (R) An Elective Operating Permit (87-NEB-701), dated and effective
December 23, 1987, issued by the Wisconsin Department of Natural
Resources to Nekoosa Papers, Incorporated-Port Edwards Mill, Inc.,
limiting the emissions and operation of Boilers #20, 21, 24, and 25; as
well as the sulfite recovery furnace at the facility in Port Edwards,
Wood County, Wisconsin.
    (S) An Air Pollution Control Permit (603007790-N01), dated and
effective June 12, 1987, issued by the Wisconsin Department of Natural
Resources to the Seneca Foods Corporation, limiting the emissions and
operation of Boilers #10 and 11 at the facility in Cumberland, Barron
County, Wisconsin.
    (T) An Air Pollution Control Permit (MIA-10-KJC-83-16-044), dated
and effective July 7, 1983, issued by the Wisconsin Department of
Natural Resources to the Koppers Company, limiting the emissions and
operation of Boiler #1 at the facility in Superior, Douglas County,
Wisconsin.
    (U) An Administrative Order (86-649028490-N01), dated and effective
September 30, 1986, issued by the Wisconsin Department of Natural
Resources to the Wisconsin Dairies Cooperative, limiting the emissions
and operation of Boilers #20, 21, and 22 at the facility in Clayton,
Polk County, Wisconsin.
    (V) An Administrative Order (86-851009940-J01), dated and effective
September 30, 1986, issued by the Wisconsin Department of Natural
Resources to Lionite Hardboard, limiting the emissions and operation of
Boiler #20 at the facility in Phillips, Price County, Wisconsin.
    (W) An Administrative Order (86-230008570-N01), dated and effective
September 29, 1986, issued by the Wisconsin Department of Natural
Resources to the University of Wisconsin-Parkside Heating Plant,
limiting the emissions and operation of Boilers #20, 21, 22, and 23 at
the facility in Kenosha, Kenosha County, Wisconsin.
    (X) An Administrative Order (86-241012970-J01), dated and effective
September 29, 1986, issued by the Wisconsin Department of Natural
Resources to the A.O. Smith/Automotive Products Company, limiting the
emissions and operation of the fuel burning equipment at the facility in
Milwaukee, Milwaukee County, Wisconsin.
    (Y) An Administrative Order (86-241014730-J01), dated and effective
September 30, 1986, issued by the Wisconsin Department of Natural
Resources to the American Can Company, limiting the emissions and
operation of Boilers #20, 21, and 22 at the facility in Milwaukee,
Milwaukee County, Wisconsin.
    (Z) An Administrative Order (87-241007360-J01), dated and effective
October 28, 1987, issued by the Wisconsin Department of Natural
Resources to the American Motors Corporation, Milwaukee Manufacturing
Plant, limiting the emissions and operation of Boilers #20, 21, 22, 23,
and 24 at the facility in Milwaukee, Milwaukee County, Wisconsin.
    (AA) An Administrative Order (86-241016710-J01), dated and effective
September 29, 1986, issued by the Wisconsin Department of Natural
Resources to the Eaton Corporation/Specific Industry Control Division,
limiting the emissions and operation of Boilers #20,
[[Page 728]]
21, 22, at the facility in Milwaukee, Milwaukee County, Wisconsin.
    (BB) An Administrative Order (86-241027050-J01), dated and effective
September 18, 1986, issued by the Wisconsin Department of Natural
Resources to the Milwaukee County Department of Health and Human
Services, limiting the emissions and operation of Boilers #20, 21, 22,
and 23, at the facility in Milwaukee, Milwaukee County, Wisconsin.
    (CC) An Administrative Order (86-241084690-J01), dated and effective
September 30, 1986, issued by the Wisconsin Department of Natural
Resources to OMC Evinrude, limiting the emissions and operation of
Boilers #20, 21, and 22, at the facility in Milwaukee, Milwaukee County,
Wisconsin.
    (DD) A letter from Bill Haas to Steve Otto, dated and effective on
September 24, 1986, that details the conditions of the compliance plan
for OMC-Evinrude at the facility in Milwaukee, Milwaukee County,
Wisconsin.
    (EE) An Administrative Order (86-241009670-N01), dated and effective
September 30, 1986, issued by the Wisconsin Department of Natural
Resources to Patrick Cudahy, Incorporated, limiting the emissions and
operation of Boilers #20, 22, and 24, at the facility in Cudahy,
Milwaukee County, Wisconsin.
    (FF) An Elective Operating Permit (86-MJT-037), dated and effective
September 23, 1986, issued by the Wisconsin Department of Natural
Resources to the Peter Cooper Corporation, limiting the emissions and
operation of Boilers #20, 21, 22,23, and 24 at the facility in Oak
Creek, Milwaukee County, Wisconsin.
    (GG) An Administrative Order (86-241099910-J01), dated and effective
October 5, 1986, issued by the Wisconsin Department of Natural Resources
to the University of Wisconsin at Milwaukee, Central Heating Plant,
limiting the emissions and operation of Boilers #20A, 20B, 20C, and 21
at the facility in Milwaukee, Milwaukee County, Wisconsin.
    (HH) A letter from Donald F. Theiler to William H. Rowe, dated and
effective on October 2, 1986, that details the conditions of the
compliance plan for the University of Wisconsin at Milwaukee at the
facility in Milwaukee, Milwaukee County, Wisconsin.
    (II) An Administrative Order (86-241025840-J01), dated and effective
September 30, 1986, issued by the Wisconsin Department of Natural
Resources to the Vilter Manufacturing Corporation, limiting the
emissions and operation of Boilers #20, and 21, at the facility in
Milwaukee, Milwaukee County, Wisconsin.
    (JJ) An Air Pollution Control Permit (EOP-10-DLJ-82-52-073), dated
and effective January 18, 1983, issued by the Wisconsin Department of
Natural Resources to J.I. Case, limiting the emissions and operation of
Boilers #21 and 22 at the facility in Racine, Racine County, Wisconsin.
    (KK) An Administrative Order (86-252006370-J01), dated and effective
October 13, 1986, issued by the Wisconsin Department of Natural
Resources to S.C. Johnson and Son, Inc., limiting the emissions and
operation of Boilers #20, 21, 22, and 23 at the facility in Sturtevant,
Racine County, Wisconsin.
    (LL) A letter from Donald F. Theiler to Thomas T. Stocksdale, dated
and effective on October 13, 1986, that details the conditions of the
compliance plan for S.C. Johnson and Son at the facility in Sturtenant,
Racine County, Wisconsin.
    (MM) An Administrative Order (86-252012530-J01), dated and effective
September 29, 1986, issued by the Wisconsin Department of Natural
Resources to Southern Wisconsin Center, limiting the emissions and
operation of Boilers #20, 21, 22 and 23 at the facility in Union Grove,
Racine County, Wisconsin.
    (NN) A letter from Donald F. Theiler to George Wade, dated and
effective on September 24, 1986, that details the conditions of the
compliance plan for Southern Wisconsin Center at the facility in Union
Grove, Racine County, Wisconsin.
    (OO) An Administrative Order (86-252005050-J01), dated and effective
September 30, 1986, issued by the Wisconsin Department of Natural
Resources to Western Publishing Company, limiting the emissions and
operation of Boilers #20A, 20B, and 21 at the facility in Racine, Racine
County, Wisconsin.
    (PP) An Air Pollution Control Permit (MIA-12-DAA-83-60-208), dated
and effective November 2, 1983, issued by
[[Page 729]]
the Wisconsin Department of Natural Resources to Borden Chemical,
limiting the emissions and operation of Boiler #20 at the facility in
Sheboygan, Sheboygan County, Wisconsin.
    (QQ) An Elective Operative Permit (86-SJK-71A), dated and effective
May 25, 1988, issued by the Wisconsin Department of Natural Resources to
the Wisconsin Power and Light Company, limiting the emissions and
operation of Boilers #23, and 24 at the facility in Sheboygan, Sheboygan
County, Wisconsin.
    (RR) An Air Pollution Control Permit (86-LMW-406), dated and
effective September 18, 1986 issued by the Wisconsin Department of
Natural Resources to the Wisconsin Power and Light Company, limiting the
emissions and operation of Unit 2 at the facility in Portage, Columbia
County, Wisconsin.
    (SS) An Administrative Order, dated and effective August 1, 1986,
issued by the Wisconsin Department of Natural Resources to Oscar Mayer
Foods Corporation, limiting the emissions from all sources at the
facility in Madison, Dane County, Wisconsin.
    (TT) An Administrative Order, dated and effective August 6, 1986,
issued by the Wisconsin Department of Natural Resources to the
University of Wisconsin, Charter Street Heating Plant, limiting the
emissions from all sources at the facility in Madison, Dane County,
Wisconsin.
    (UU) An Administrative Order (86-114004770-N01), dated and effective
September 23, 1986, issued by the Wisconsin Department of Natural
Resources to the Universal Foods Corporation, limiting the emissions and
operation of Boilers #21 and 22 at the facility in Juneau, Dodge County,
Wisconsin.
    (VV) An Administrative Order (86-114003340-N01), dated and effective
September 23, 1986, issued by the Wisconsin Department of Natural
Resources to John Deere Horicon Works, limiting the emissions and
operation of fuel burning equipment at the facility in Horicon, Dodge
County, Wisconsin.
    (WW) An Administrative Order (86-420044680-N01), dated and effective
September 30, 1986, issued by the Wisconsin Department of Natural
Resources to the Taycheedah Correctional Institute, limiting the
emissions and operation of Boiler #20 at the facility in Taycheedah,
Fond du Lac County, Wisconsin.
    (XX) An Administrative Order (86-122003640-J01), dated and effective
September 30, 1986, issued by the Wisconsin Department of Natural
Resources to the Dairyland Power Cooperative, limiting the emissions and
operation of Boilers #20 and 21 at the facility in Cassville, Grant
County, Wisconsin.
    (YY) An Administrative Order (86-123002440-N01), dated and effective
September 29, 1986, issued by the Wisconsin Department of Natural
Resources to the Iroquois Foundry Company, limiting the emissions and
operation of fuel burning equipment at the facility in Browntown, Green
County, Wisconsin.
    (ZZ) An Administrative Order (86-424017550-J02), dated and effective
March 2, 1987, issued by the Wisconsin Department of Natural Resources
to the Berlin Foundry Company, limiting the emissions and operation of
fuel burning equipment at the facility in Berlin, Green Lake County,
Wisconsin.
    (AAA) An Administrative Order (86-424021180-N01), dated and
effective er 30, 1986, issued by the Wisconsin Department of Natural
Resources to the Berlin Tanning and Manufacturing Company, limiting the
emissions and operation of fuel burning equipment at the facility in
Berlin, Green Lake County, Wisconsin.
    (BBB) An Administrative Order (86-128003700-N01), dated and
effective September 23, 1986, issued by the Wisconsin Department of
Natural Resources to the Carnation Company-Pet Food and Cereal Division,
limiting the emissions and operation of Boilers #21 and 22 at the
facility in Jefferson, Jefferson County, Wisconsin.
    (CCC) An Administrative Order (86-154008030-J01), dated and
effective September 29, 1986, issued by the Wisconsin Department of
Natural Resources to Frank Brothers, Incorporated, limiting the
emissions and operation of fuel burning equipment at the facility in
Milton, Rock County, Wisconsin.
    (DDD) An Administrative Order (86-154002860-J01), dated and
effective September 29, 1986, issued by the Wisconsin Department of
Natural Resources to
[[Page 730]]
the General Motors Corporation, limiting the emissions and operation of
Boilers #21, 22, 23, 24, and 25 at the facility in Janesville, Rock
County, Wisconsin.
    (EEE) An Administrative Order (86-154004290-N01), dated and
effective September 29, 1986, issued by the Wisconsin Department of
Natural Resources to George Hormel and Company, limiting the emissions
and operation of Boilers #20, 21 and 22 at the facility in Beloit, Rock
County, Wisconsin.
    (FFF) An Administrative Order (86-999019320-J01), dated and
effective September 29, 1986, issued by the Wisconsin Department of
Natural Resources to Rock Road of Wisconsin, limiting the emissions and
operation of fuel burning equipment at the facility in Janesville, Rock
County, Wisconsin.
    (GGG) An Administrative Order (86-609037440-N01), dated and
effective September 29, 1986, issued by the Wisconsin Department of
Natural Resources to the Jacob Leinenkugel Brewing Company, limiting the
emissions and operation of Boiler #20 at the facility in Chippewa Falls,
Chippewa County, Wisconsin.
    (HHH) An Administrative Order (86-609037660-J01), dated and
effective September 29, 1986, issued by the Wisconsin Department of
Natural Resources to the Northern Wisconsin Center for the
Developmentally Disabled, limiting the emissions and operation of
Boilers #20, 21, 22, and 23 at the facility in Chippewa Falls, Chippewa
County, Wisconsin.
    (III) An Air Pollution Control Permit (MIN-04-80-10-028), dated and
effective June 19, 1981, issued by the Wisconsin Department of Natural
Resources to Lynn Protein, limiting the operation of Boiler #21 at the
facility in Clark County, Wisconsin.
    (JJJ) A letter from Thomas Woletz to Dale Sleiter, dated and
effective on September 9, 1986, that details the conditions of the
compliance plan for the Lynn Protein facility in Clark County,
Wisconsin.
    (KKK) An Administrative Order (86-618022350-J01), dated and
effective September 29, 1986, issued by the Wisconsin Department of
Natural Resources to Uniroyal Tire Company, Incorporated, limiting the
emissions and operation of Boilers #20, 21, and 22 at the facility in
Eau Claire, Chippewa County, Wisconsin.
    (LLL) An Administrative Order (86-618027080-J01), dated and
effective September 29, 1986, issued by the Wisconsin Department of
Natural Resources to the University of Wisconsin Eau Claire Heating
Plant, limiting the emissions and operation of Boilers #20 and 21 at the
facility in Eau Claire, Chippewa County, Wisconsin.
    (MMM) An Administrative Order (86-618026530-N01), dated and
effective September 29, 1986, issued by the Wisconsin Department of
Natural Resources to the Waste Research and Reclamation Company,
limiting the emissions and operation of Boilers #20 and 21 at the
facility in Eau Claire, Chippewa County, Wisconsin.
    (NNN) An Administrative Order (86-632028430-J01), dated and
effective September 29, 1986, issued by the Wisconsin Department of
Natural Resources to the G. Heileman Brewing Company, limiting the
emissions and operation of Boilers #20, 21, 24, and 25 at the facility
in LaCrosse, LaCrosse County, Wisconsin.
    (OOO) An Administrative Order (86-632028210-J01), dated and
effective November 26, 1986, issued by the Wisconsin Department of
Natural Resources to the Trane Company-Main Complex, limiting the
emissions and operation of Boilers #20, 21, 22, 23, and 24 at the
facility in LaCrosse, LaCrosse County, Wisconsin.
    (PPP) An Administrative Order (86-632023590-J01), dated and
effective November 26, 1986, issued by the Wisconsin Department of
Natural Resources to the Trane Company-Plant 6, limiting the emissions
and operation of Boilers #20, 21, and 22 at the facility in LaCrosse,
LaCrosse County, Wisconsin.
    (QQQ) An Administrative Order (86-632028100-J01), dated and
effective September 29, 1986, issued by the Wisconsin Department of
Natural Resources to the University of Wisconsin-LaCrosse, limiting the
emissions and operation of fuel burning equipment at the facility in
LaCrosse, LaCrosse County, Wisconsin.
[[Page 731]]
    (RRR) An Administrative Order (86-642028860-N01), dated and
effective December 23, 1986, issued by the Wisconsin Department of
Natural Resources to the Golden Guernsey Dairy, limiting the emissions
and operation of fuel burning equipment at the facility in Sparta,
Monroe County, Wisconsin.
    (SSS) An Elective Operating Permit (87-JBG-079), dated and effective
March 9, 1988, issued by the Wisconsin Department of Natural Resources
to the Dairyland Power Cooperative, limiting the emissions and operation
of Boiler #20 at the facility in Genoa, Vernon County, Wisconsin.
    (ii) Additional information. (A) On June 9, 1992, Wisconsin DNR
submitted its SO<INF>2</INF> maintenance plan for the City of Madison,
Dane County.
    (B) On June 12, 1992, Wisconsin DNR submitted its SO<INF>2</INF>
maintenance plan for the City of Milwaukee, Milwaukee County.
    (64) On November 17, 1987, the Wisconsin Department of Natural
Resources submitted Wisconsin's Rule Natural Resources (NR) 439.03--
Reporting; NR 439.09--Inspections; and NR 484.04--Code of Federal
Regulation Provisions.
    (i) Incorporation by reference.
    (A) Wisconsin revised rules NR 439.03, NR 439.09 and NR 484.04,
Wisconsin's Administrative Code, effective October 1, 1987.
    (65) On March 13, 1989, and May 10, 1990, Wisconsin Department of
Natural Resources (WDNR) submitted rule packages AM-2-88 and AM-22-88,
respectively, as revisions to its state implementation plan for
particulate matter. AM-2-88 was published in December, 1988, and became
effective on January 1, 1989. AM-2-88 modifies Chapter NR, Sections
400.02, 404.02, 405.02, 406.04, and 484.03 of the Wisconsin
Administrative Code (WAC). AM-22-88 was published in September, 1989,
and became effective on October 1, 1989. AM-22-88 modifies Chapter NR,
Sections 404.04 and 484.03 of the WAC.
    (i) Incorporation by reference.
    (A) The rule packages revise NR 400.02, 404.02, 404.04, 405.02,
406.04, and 484.03 of the Wisconsin Administrative Code.
    (ii) Additional information.
    (A) A January 22, 1993, letter from D. Theiler, Director, Bureau of
Air Management, WDNR, provides additional information responding to
USEPA's proposed disapproval of the SIP revision, and contains WDNR's
commitment to using only test methods approved by USEPA.
    (66)-(68) [Reserved]
    (69) On November 18, 1992, the State submitted rules regulating
volatile organic compound emissions from gasoline dispensing facilities'
motor vehicle fuel operations.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Chapter NR 420 Control of Organic
Compound Emissions from Petroleum and Gasoline Sources; Section 420.02
Definitions, Sections NR 420.02(8m), (24m), (32m), (38m), (39m); Section
NR 420.045 Motor Vehicle Refueling; published in Wisc. Admin. Code in
January 1993, and took effect on February 1, 1993.
    (B) Wisconsin Administrative Code, Chapter NR 425 Compliance
Schedules, Exceptions, Registration and Deferrals for Organic Compound
Emissions Sources in Chapters 419 to 424; Section 425.035 Throughput
Reporting and Compliance Schedules for Motor Vehicle Refueling;
published in Wisc. Admin. Code in January 1993, and took effect on
February 1, 1993.
    (C) Wisconsin Administrative Code, Chapter NR 439 Reporting,
Recordkeeping, Testing, Inspection and Determination of Compliance
Requirements; Section NR 439.06(3)(c); Section NR 439.06(3)(i);
published in the Wisc. Admin. Code in January 1993, and took effect on
February 1, 1993.
    (D) Wisconsin Administrative Code, Chapter NR 484 Incorporation by
Reference; Section 484.05(1) Test Method 21 in appendix A of 40 CFR part
60 is incorporated by reference; Section NR 484.06(2) Other Materials
(introduction); Section NR 484.06(2) (u) and (v) were created to
incorporate San Diego Air Pollution Control District Test Procedures TP-
91-1 and TP-91-2; incorporated by reference in Wisc. Admin. Code in
January 1993, and took effect on February 1, 1993.
    (E) Wisconsin Administrative Code, Chapter NR 494 Enforcement and
Penalties for Violation of Air Pollution
[[Page 732]]
Control Provisions; renumbered Sections NR 494.025 and 494.03 to NR
494.03 and 494.05; Section NR 494.04 Tagging Gasoline Dispensing
Equipment; published in the Wisc. Admin. Code in January 1993 and took
effect on February 1, 1993.
    (ii) Additional materials.
    (A) Stage II Vapor Recovery SIP Program Description dated November
15, 1992.
    (B) Letter from WDNR dated March 29, 1993, citing State authority
under Sections NR 144.98, 144.99, 144.423, and 144.426, Wisc. Admin.
Code, to enforce the Stage II program.
    (C) Packet of public education materials on Stage II distributed by
WDNR.
    (70) On July 2, 1993, the State of Wisconsin submitted a requested
revision to the Wisconsin State Implementation Plan (SIP) intended to
satisfy the requirements of section 182 (a)(3)(B) of the Clean Air Act
as amended in 1990. Included were State rules establishing procedures
for stationary sources throughout the state to report annual emissions
of volatile organic compounds (VOC) and oxides of nitrogen
(NO<INF>x</INF>) as well as other pollutants.
    (i) Incorporation by reference. Wisconsin Administrative Code,
Chapter NR 438, Air Contaminant Emission Reporting Requirements,
published in the Wisconsin Register, May 1993, effective June 1, 1993.
    (71)  [Reserved]
    (72) On November 18, 1992 and January 21, 1993, the State of
Wisconsin submitted a Small Business Stationary Source Technical and
Environmental Assistance Program for incorporation in the Wisconsin
State Implementation Plan as required by Section 507 of the Clean Air
Act. Included in the State's submittal were portions of 1991 Wisconsin
Act 269 and 1991 Wisconsin Act 302.
    (i) Incorporation by reference.
    (A) Section 15.157(10)--small business environmental council--91-92
Wis. Stats., Effective date: May 14, 1992.
    (B) Section 144.36--small business stationary source technical and
environmental compliance assistance program--91-92 Wis. Stats.,
Effective date: May 14, 1992.
    (C) Section 144.399(2)(c)--fees--91-92 Wis. Stats., Effective date:
July 1, 1992.
    (D) Section 560.03(9)--business and industrial development--91-92
Wis. Stats., Effective date: May 14, 1992.
    (E) Section 560.11--small business environmental council--91-92 Wis.
Stats., Effective date: May 14, 1992.
    (F) Section 560, Subchapter III--permit information center--91-92
Wis. Stats., Effective date: November 17, 1983.
    (G) Section 96--nonstatutory provisions; development--91 WisAct 302,
1991 Laws of Wisconsin. Effective date May 14, 1992.
    (ii) Other material.
    (A) Program description.
    (73) Revisions to the ozone State Implementation Plan (SIP) were
submitted by the Wisconsin Department of Natural Resources on September
22, 1993, and January 14, 1994. These rules replace the 154 series
stationary source VOC regulations previously contained in Wisconsin's
ozone SIP with 400 series regulations which are consistent with the
current Wisconsin Administrative Code. These rules are only being
approved as they apply to the ozone SIP.
    (i) Incorporation by reference. The following chapters of the
Wisconsin Administrative Code are incorporated by reference.
    (A) Chapter NR 400: AIR POLLUTION CONTROL DEFINITIONS. NR 400.01 as
published in the (Wisconsin) Register, February, 1990, No. 410,
effective March 1, 1990. NR 400.02 as published in the (Wisconsin)
Register, June, 1993, No. 450, effective July 1, 1993.
    (B) Chapter NR 419: CONTROL OF ORGANIC COMPOUND EMISSIONS, except
for NR 419.07. NR 419.01, 419.02, 419.03, 419.04 and 419.06 as published
in the (Wisconsin) Register, February, 1990, No. 410, effective March 1,
1990. NR 419.05 as published in the (Wisconsin) Register, December,
1993, No. 456, effective January 1, 1994.
    (C) Chapter NR 420: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM
PETROLEUM AND GASOLINE SOURCES. NR 420.01 as published in the
(Wisconsin) Register, February, 1990, No. 410, effective March, 1, 1990.
NR 420.02 and 420.045 as published in the (Wisconsin) Register, January,
1993, No. 445, effective February 1, 1993. NR 420.03 and 420.04 as
published in the
[[Page 733]]
(Wisconsin) Register, December, 1993, No. 456, effective January 1,
1994. NR 420.05 as published in the (Wisconsin) Register, May, 1992, No.
437, effective June 1, 1992.
    (D) Chapter NR 421: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM
CHEMICAL, COATINGS AND RUBBER PRODUCTS MANUFACTURING. NR 421.01 as
published in the (Wisconsin) Register, February, 1990, No. 410,
Effective March 1, 1990. NR 421.02, 421.03, 421.05 and 421.06 as
published in the (Wisconsin) Register, December, 1993, No. 456,
effective January 1, 1994. NR 421.04 as published in the (Wisconsin)
Register, May, 1992, No. 437, effective June 1, 1992.
    (E) Chapter NR 422: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM
SURFACE COATING, PRINTING AND ASPHALT SURFACING OPERATIONS. NR 422.01,
422.05, 422.06, 422.07, 422.08, 422.085, 422.09, 422.10, 422.11, 422.12,
422.13, 422.155 and 422.16 as published in the (Wisconsin) Register,
February, 1990, No. 410, effective March 1, 1990. NR 422.02, 422.03,
422.04, 422.14 and 422.15 as published in the (Wisconsin) Register,
December, 1993, No. 456, effective January 1, 1994.
    (F) Chapter NR 423: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM
SOLVENT CLEANING OPERATIONS. NR 423.01 as published in the (Wisconsin)
Register, February, 1990, No. 410, effective March 1, 1990. NR 423.02 as
published in the (Wisconsin) Register, January, 1987, No. 385, effective
February 1, 1988. NR 423.03, 423.04, and 423.05 as published in the
(Wisconsin) Register, December, 1993, No. 456, effective January 1,
1994.
    (G) Chapter NR 424: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM
PROCESS LINES. NR 424.01 and 424.03 as published in the (Wisconsin)
Register, February, 1990, No. 410, effective March 1, 1990. NR 424.02 as
published in the (Wisconsin) Register, April, 1988, No. 388, effective
May 1, 1988. NR 424.04 as published in the (Wisconsin) Register,
December, 1993, No. 456, effective January 1, 1994.
    (H) Chapter NR 425: COMPLIANCE SCHEDULES, EXCEPTIONS, REGISTRATION
AND DEFERRALS FOR ORGANIC COMPOUND EMISSION SOURCES IN CHS. NR 419 TO
424. NR 425.01 and 425.02 as published in the (Wisconsin) Register,
February, 1990, No. 410, effective March 1, 1990. NR 425.03 425.04 and
425.05 as published in the (Wisconsin) Register, December, 1993, No.
456, effective January 1, 1994. NR 425.035 as published in the
(Wisconsin) Register, January, 1993, No. 445, effective February 1,
1993.
    (I) Chapter NR 439: REPORTING, RECORDKEEPING, TESTING, INSPECTION
AND DETERMINATION OF COMPLIANCE REQUIREMENTS. NR 439.01 and 439.085 as
published in the (Wisconsin) Register, May, 1992, No. 437, effective
June 1, 1992. NR 439.02, 439.03, 439.04, 439.05, 439.055, 439.06,
439.07, 439.075, 439.09, 439.095 and 439.11 as published in the
(Wisconsin) Register, December, 1993, No. 456, effective January 1,
1994. NR 439.08 as published in the (Wisconsin) Register, May, 1993, No.
449, effective June 1, 1993. NR 439.10 as published in the (Wisconsin)
Register, September, 1987, No. 381, effective October 1, 1987.
    (J) Chapter NR 484: INCORPORATION BY REFERENCE. NR 484.01 as
published in the (Wisconsin) Register, May, 1992, No. 437, effective
June 1, 1992. NR 484.02 as published in the (Wisconsin) Register,
September, 1986, No. 369, effective October 1, 1986. NR 484.03 as
published in the (Wisconsin) Register, May, 1993, No. 449, effective
June 1, 1993. NR 484.04, 484.05 and 484.06 as published in the
(Wisconsin) Register, December, 1993, No. 456, effective January 1,
1994. NR 484.08 and 484.09 as published in the (Wisconsin) Register,
October, 1992, No. 442, effective November 1, 1992.
    (74) On November 24, 1992, the State of Wisconsin requested a
revision to the Wisconsin State Implementation Plan (SIP) to maintain
the National Ambient Air Quality Standards for SO<INF>2</INF> in Douglas
County Wisconsin. Included were State orders and permits limiting
emissions from CLM Corporation lime kilns and requiring Continuous
Emission Monitoring Systems on these kilns.
    (i) Incorporation by reference.
    (A) Wisconsin Order AM-91-816A issued by WDNR to CLM Corporation on
June 13, 1991. Wisconsin Administrative Order NWD-89-08 issued by the
[[Page 734]]
WDNR to CLM Corporation on December 20, 1989.
    (75) On November 15, 1992, January 15, 1993, July 28, 1993, and
January 14, 1994 the State of Wisconsin submitted emergency and
permanent rules for issuance of New Source Review permits for new and
modified air pollution sources in nonattainment areas, as required by
section 182(a)(2)(c) of the Clean Air Act. The emergency rules have now
been superseded by the permanent rules to clarify and specify the NSR
requirements that sources must meet under the Clean Air Act. Also
submitted were portions of 1991 Wisconsin Act 302.
    (i) Incorporation by reference.
    (A) NR 400--Wisconsin Administrative Code, Air Pollution Control,
Effective date January 1, 1994.
    (B) NR 406--Wisconsin Administrative Code, Construction Permits,
Effective date January 1, 1994.
    (C) NR 408--Wisconsin Administrative Code, Nonattainment Area Major
Source Permits, Effective date June 1, 1993.
    (D) NR 490--Wisconsin Administrative Code, Procedures for
Noncontested Case Public Hearings, Effective date January 1, 1994.
    (E) Section 144.30--91-92 Wisconsin Statutes. Effective date May 14,
1992.
    (F) Section 144.391--91-92 Wisconsin Statutes. Effective date May
14, 1992.
    (G) Section 144.392--Construction permit application and review, 91-
92 Wisconsin Statutes. Effective date May 14, 1992.
    (H) Section 144.393--91-92 Wisconsin Statutes. Effective date May
14, 1992.
    (i) Section 144.394--Permit conditions, 91-92 Wisconsin Statutes.
Effective date May 14, 1992.
    (ii) Additional material.
    (A) Wisconsin's Emergency NSR regulations. Effective date November
15, 1992.
    (B) On December 12, 1994, Donald Theiler, Director, Bureau of Air
Management, WDNR sent a letter to USEPA clarifying Wisconsin's
interpretation of ``any period of 5 consecutive years.'' Wisconsin
interprets the term as referring to the five-year period including the
calendar year in which the increase from the particular change will
occur and the four immediately preceding years.
    (76) On January 14, 1994, the State of Wisconsin submitted its rules
for an Operating Permits program intended to satisfy federal
requirements for issuing federally enforceable operating permits.
    (i) Incorporation by reference.
    (A) NR 407--Wisconsin Administrative Code, Operating Permits,
Effective date January 1, 1994.
    (77) On November 15, 1993, the State of Wisconsin submitted a
revision to the State Implementation Plan (SIP) for the implementation
of an employee commute options (ECO) program in the Milwaukee-Racine,
severe-17, ozone nonattainment area. This revision included Chapter NR
486 of the Wisconsin Administrative Code, effective October 1, 1993, and
Wisconsin Statutes sections 144.3712, enacted on April 30, 1992 by
Wisconsin Act 302.
    (i) Incorporation by reference.
    (A) Chapter NR 486 of the Wisconsin Administrative Code, effective
October 1, 1993.
    (B) Wisconsin Statutes, section 144.3712, enacted on April 30, 1992
by Wisconsin Act 302.
    (78) On November 15, 1993, the State of Wisconsin submitted a
revision to the State Implementation Plan (SIP) for the implementation
of a motor vehicle inspection and maintenance (I/M) program in the
Milwaukee-Racine and Sheboygan ozone nonattainment areas. This revision
included 1993 Wisconsin Act 288, enacted on April 13, 1994, Wisconsin
Statutes Sections 110.20, 144.42, and Chapter 341, Wisconsin
Administrative Code Chapter NR 485, SIP narrative, and the State's
Request for Proposal (RFP) for implementation of the program.
    (i) Incorporation by reference.
    (A) 1993 Wisconsin Act 288, enacted on April 13, 1994.
    (B) Wisconsin Statutes, Sections 110.20, 144.42, and Chapter 341,
effective November 1, 1992.
    (79) On October 21, 1994, the Wisconsin Department of Natural
Resources (WDNR) submitted a plan modifying the SO<INF>2</INF> emission
limits applicable to Rhinelander Paper Company facility, located in the
City of
[[Page 735]]
Rhinelander, Oneida County, Wisconsin.
    (i) Incorporation by reference.
    (A) A Consent Order (AM-94-38), effective August 22, 1994 issued by
the Wisconsin Department of Natural Resources (WDNR) and signed by
Donald F. Theiler for the WDNR and Melvin L. Davidson for the
Rhinelander Paper Company. Rhinelander Paper Company is located in
Rhinelander (Oneida County), Wisconsin. This Order limits the overall
SO<INF>2</INF> emissions from the Rhinelander Paper Company, and imposes
more stringent SO<INF>2</INF> limits for the source's stoker and cyclone
boilers and vapor compression evaporator. Sampling and testing of fuel,
as well as monitoring criteria are documented within the Order.
    (B) A letter dated August 29, 1994 from the WDNR to Jerry Neis of
Rhinelander Paper Company, requesting clarification for sampling
methodologies for all fuel and the source of the sludge used as a fuel
source.
    (C) A response letter dated October 19, 1994 from Jerome T. Neis of
Rhinelander Paper Company to the WDNR, detailing sampling methodologies
for all fuel and clarifying the source of the sludge used as a fuel
source.
    (80)  [Reserved]
    (81) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on June 30,
1994, and supplemented on July 15, 1994. This revision consists of
volatile organic compound regulations which establish reasonably
available control technology for yeast manufacturing, molded wood parts
or products coating, and wood door finishing.
    (i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(7), (34) as amended and published in the (Wisconsin)
Register, August, 1994, No. 464, effective September 1, 1994. NR
422.02(12e), (18m), (24s), (27m), (33d), (34m), (46m), and (51) as
created and published in the (Wisconsin) Register, August, 1994, No.
464, effective September 1, 1994.
    (B) NR 422.03(intro.) as amended and published in the (Wisconsin)
Register, August, 1994, No. 464, effective September 1, 1994. NR 422.03
(8) and (9) as created and published in the (Wisconsin) Register,
August, 1994, No. 464, effective September 1, 1994.
    (C) NR 422.04(1)(a) as amended and published in the (Wisconsin)
Register, August, 1994, No. 464, effective September 1, 1994.
    (D) NR 422.132 as created and published in the (Wisconsin) Register,
August, 1994, No. 464, effective September 1, 1994.
    (E) NR 422.135 as created and published in the (Wisconsin) Register,
August, 1994, No. 464, effective September 1, 1994.
    (F) NR 424.02 (3), (4), (5), (6), and (7) as created and published
in the (Wisconsin) Register, June, 1994, No. 462, effective July 1,
1994.
    (G) NR 424.05 as created and published in the (Wisconsin) Register,
June, 1994, No. 462, effective July 1, 1994.
    (H) NR 439.04(5)(a)(intro.) as amended and published in the
(Wisconsin) Register, August, 1994, No. 464, effective September 1,
1994.
    (I) NR 439.075(2)(a)4. as amended and published in the (Wisconsin)
Register, June, 1994, No. 462, effective July 1, 1994.
    (J) NR 439.09(7m) as created and published in the (Wisconsin)
Register, June, 1994, No. 462, effective July 1, 1994. NR 439.09(9)(b)
as amended and published in the (Wisconsin) Register, June, 1994, No.
462, effective July 1, 1994.
    (K) NR 439.095 (1)(e) and (5)(e) as created and published in the
(Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994.
    (L) NR 484.05(9) as renumbered from NR 484.05(2), amended and
published in the (Wisconsin) Register, August, 1994, No. 464, effective
September 1, 1994.
    (82) Revisions to the ozone State Implementation Plan (SIP) were
submitted by the Wisconsin Department of Natural Resources on April 17,
1990, and June 30, 1994, and supplemented on July 15, 1994. Included in
these revisions is a volatile organic compound (VOC) regulation which
establishes reasonably available control technology (RACT) for screen
printing facilities.
[[Page 736]]
Additionally, the State submitted current negative declarations for pre-
1990 Control Technology Guideline (CTG) categories for which Wisconsin
does not have rules as well as a list of major sources affected by the
13 CTG categories that USEPA is required to issue pursuant to sections
183(a), 183(b)(3) and 183(b)(4) of the Clean Air Act (Act).
    (i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(11m), (21s), (41p), (41s), (41v) and (42m) as created
and published in the (Wisconsin) Register, June, 1994, No. 462,
effective July 1, 1994. NR 422.02(32) as amended and published in the
(Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994.
    (B) NR 422.03(4m) as created and published in the (Wisconsin)
Register, June, 1994, No. 462, effective July 1, 1994.
    (C) NR 422.145 as created and published in the (Wisconsin) Register,
June, 1994, No. 462, effective July 1, 1994.
    (D) NR 439.04(4)(intro.), (5)(a)1. and (5)(a)2. as amended and
published in the (Wisconsin) Register, June, 1994, No. 462, effective
July 1, 1994.
    (ii) Additional material.
    (A) On April 17, 1990, and June 30, 1994, Wisconsin submitted
negative declarations for the following source categories: Leaks from
petroleum refinery equipment; Manufacture of synthesized pharmaceutical
products; Mmanufacture of pneumatic rubber tires; Automobile and light
duty truck manufacturing; Fire truck and emergency response vehicle
manufacturing; Manufacture of high-density polyethylene, polypropylene,
and polystyrene resins, a.k.a. polymer manufacturing; Leaks from
synthetic organic chemical and polymer manufacturing equipment; Air
oxidation processes at synthetic organic chemical manufacturing
industries; and Equipment leaks from natural gas/gasoline processing
plants. These negative declarations are approved into the Wisconsin
ozone SIP.
    (B) On June 30, 1994, Wisconsin submitted a list of facilities
subject to the post-enactment source categories listed in Appendix E to
the General Preamble. 57 FR 18070, 18077 (April 28, 1992). The list
included facilities covered by the source categories cleanup solvents,
offset lithography, plastic parts coating, and wood furniture coating.
This list is approved into the Wisconsin ozone SIP.
    (83) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on June 14,
1995. This revision is a volatile organic compound (VOC) regulation
which requires controls on facilities that perform autobody refinishing
operations.
    (i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(intro.) and (47), 422.03 (1) and (3) and 484.05(1) as
amended and published in the (Wisconsin) Register, August, 1995 and
effective September 1, 1995.
    (B) NR 422.02 (1), (1x), (3m), (12d), (33j), (34s), (34v), (37s),
(42n), (47e) and (49m) and 422.095 as created and published in the
(Wisconsin) Register, August, 1995 and effective September 1, 1995.
    (C) NR 422.02(1s) as renumbered from 422.02(1) and published in the
(Wisconsin) Register, August, 1995 and effective September 1, 1995.
    (84) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on February
17, 1995, and supplemented on June 14, 1995. This revision consists of a
volatile organic compound regulation that requires controls for gasoline
storate tank vent pipes.
    (i) Incorporation by reference. The following section of the
Wisconsin Administrative Code is incorporated by reference.
    (A) NR 420.035 as created and published in the (Wisconsin) Register,
July, 1994, No. 463, effective August 1, 1994.
    (85) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on April 12,
1995, and supplemented on June 14, 1995, and January 19, 1996. This
revision consists of a volatile organic compound regulation
[[Page 737]]
that requires the control of emissions from traffic markings.
    (i) Incorporation by reference. The following section of the
Wisconsin Administrative Code is incorporated by reference.
    (A) NR 422.02(16e), (42q), (42s) and (47m) as created and published
in the (Wisconsin) Register, July, 1994, No. 463, effective August 1,
1994.
    (B) NR 422.17 as created and published in the (Wisconsin) Register,
July, 1994, No. 463, effective August 1, 1994.
    (86) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on April 12,
1995, and supplemented on June 14, 1995, and January 19, 1996. This
revision consists of a volatile organic compound regulation that
requires additional controls on solvent metal cleaning operations. This
rule is more stringent than the RACT rule it is replacing.
    (i) Incorporation by reference. The following section of the
Wisconsin Administrative Code is incorporated by reference.
    (A) NR 423.02(10) as renumbered from NR 423.02(9), amended and
published in the (Wisconsin) Register, August, 1994, No. 464, effective
September 1, 1994. NR 423.02(11) as renumbered from NR 423.02(10) and
published in the (Wisconsin) Register, August, 1994, No. 464, effective
September 1, 1994. NR 423.02(9) and (12) as created and published in the
(Wisconsin) Register, August, 1994, No. 464, effective September 1,
1994.
    (B) NR 423.03 as created and published in the (Wisconsin) Register,
August, 1994, No. 464, effective September 1, 1994.
    (C) NR 425.03(12)(a)7. as amended and published in the (Wisconsin)
Register, August, 1994, No. 464, effective September 1, 1994.
    (87) The state of Wisconsin requested a revision to the Wisconsin
State Implementation Plan (SIP). This revision is for the purpose of
establishing and implementing a Clean-Fuel Fleet Program to satisfy the
federal requirements for a Clean Fuel Fleet Program to be part of the
SIP for Wisconsin.
    (i) Incorporation by reference.
    (A) Chapter 487 of the Wisconsin Administrative Code, effective June
1, 1995.
    (B) Wisconsin Statutes, section 144.3714, enacted on April 30, 1992,
by Wisconsin Act 302.
    (88) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on June 30,
1994, and supplemented on July 15, 1994. This revision consists of
volatile organic compound regulations which establish reasonably
available control technology for iron and steel foundries.
    (i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 419.02(1s), (1t), (1u), (3m) and (6m) as created and
published in the (Wisconsin) Register, June, 1994, No. 462, effective
July 1, 1994.
    (B) NR 419.08 as created and published in the (Wisconsin) Register,
June, 1994, No. 462, effective July 1, 1994.
    (89) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on May 12,
1995, and supplemented on June 14, 1995 and November 14, 1995. This
revision consists of volatile organic compound regulations which
establish reasonably available control technology for lithographic
printing facilities.
    (i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(6), (18s), (21e), (24p), (24q), (28g), (37v), (41y)
and (50v) as created and published in the (Wisconsin) Register, June,
1995, No. 474, effective July 1, 1995.
    (B) NR 422.04(4) as amended and published in the (Wisconsin)
Register, June, 1995, No. 474, effective July 1, 1995.
    (C) NR 422.142 as created and published in the (Wisconsin) Register,
June, 1995, No. 474, effective July 1, 1995.
    (D) NR 439.04(5)(d)1.(intro.) as renumbered from
439.04(5)(d)(intro.), amended, and published in the (Wisconsin)
Register, June, 1995, No. 474, effective July 1, 1995.
[[Page 738]]
    (E) NR 439.04(5)(d)1. a. and b. as renumbered from 439.04(5)(d)1.
and 2., and published in the (Wisconsin) Register, June, 1995, No. 474,
effective July 1, 1995.
    (F) NR 439.04(5)(d)2 as created and published in the (Wisconsin)
Register, June, 1995, No. 474, effective July 1, 1995.
    (G) NR 439.04(5)(e)(intro.) as amended and published in the
(Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995.
    (H) NR 439.06(3)(j) as created and published in the (Wisconsin)
Register, June, 1995, No. 474, effective July 1, 1995.
    (I) NR 484.04(13m), (15e) and (15m) as created and published in the
(Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995.
    (J) NR 484.10(39m) as created and published in the (Wisconsin)
Register, June, 1995, No. 474, effective July 1, 1995.
    (90) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on May 12,
1995 and later supplemented on June 14, 1995. This revision consists of
volatile organic compound regulations which establish reasonably
available control technology for facilities that perform wood furniture
coating operations.
    (i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(3e),(7m), (16g), (16i), (16k), (41w), (42o), (42u),
(50e), (50m) and (52) as created and published in the (Wisconsin)
Register, August, 1995, No. 476, effective September 1, 1995.
    (B) NR 422.02(47) as amended and published in the (Wisconsin)
Register, August, 1995, No. 476, effective September 1, 1995.
    (C) NR 422.125 as created and published in the (Wisconsin) Register,
August, 1995, No. 476, effective September 1, 1995.
    (D) NR 422.15(1)(intro.) as amended and published in the (Wisconsin)
Register, August, 1995, No. 476, effective September 1, 1995.
    (91) The State of Wisconsin requested a revision to the Wisconsin
State Implementation Plan (SIP). This revision is for the purpose of
satisfying the rate-of-progress requirement of section 182(b) and the
contingency measure requirement of section 172(c)(9) of the Clean Air
Act (Act) which will aid in ensuring the attainment of the national
ambient air quality standard (NAAQS) for ozone.
    (i) Incorporation by reference.
    (A) Wisconsin Statutes, sections 144.31(1)(e) and (f), enacted on
April 30, 1992, by Wisconsin Act 302.
    (92) On October 18, 1995, the Wisconsin Department of Natural
Resources submitted a revision to the State Implementation Plan for
general conformity rules. The general conformity SIP revisions enable
the State of Wisconsin 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) NR 489, as created and published in the (Wisconsin) Register,
September, 1995, number 477, effective October 1, 1995.
    (93) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on December
11, 1995 and later supplemented on January 12, 1996. This revision
consists of a volatile organic compound regulation that establishes
reasonably available control technology for facilities that use
industrial adhesives.
    (i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(1e), (1m) and (28j) as created and published in the
(Wisconsin) Register, August, 1995, No. 476, effective September 1,
1995.
    (B) NR 422.127 as created and published in the (Wisconsin) Register,
August, 1995, No. 476, effective September 1, 1995.
    (C) NR 422.132(1)(c) as repealed, recreated and published in the
(Wisconsin) Register, August, 1995, No. 476, effective September 1,
1995.
[[Page 739]]
    (94) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on November
17, 1995. This revision consists of a site-specific revision for the
GenCorp Inc.-Green Bay facility. This revision is required under
Wisconsin's federally approved rule, NR 419.05. The storage requirements
contained in NR 419.05 specifically require floating roofs, vapor
condensation systems, and vapor holding tanks, or an equally effective
alternative control method approved by the Wisconsin Department of
Natural Resources and U.S. EPA. The GenCorp Inc.-Green Bay facility has
chosen to utilize a pressure vessel storage tank with a vapor balance
system, as specified in Permit 95-CHB-407 which was issued on August 29,
1995. This pressure vessel will be used for the storage of acrylonitrile
that will be used to manufacture styrene-butadiene-acrylonitrile latex.
    (i) Incorporation by reference. The following sections of the
Wisconsin air pollution construction permit 95-CHB-407 are incorporated
by reference.
    (A) The permit condition requiring a pressure vessel storage tank
with a vapor balance system for the styrene-butadiene-acrylonitrile
latex manufacturing process, as created and published Wisconsin Permit
95-CHB-407, August 29, 1995 and effective August 29, 1995.
    (95) On March 15, 1996, Wisconsin submitted a site-specific SIP
revision in the form of a consent order for incorporation into the
federally enforceable ozone SIP. This consent order establishes an
alternate volatile organic compound control system for a cold cleaning
operation at the General Electric Medical Systems facility located at
4855 West Electric Avenue in Milwaukee.
    (i) Incorporation by reference. The following items are incorporated
by reference.
    (A) State of Wisconsin Consent Order AM-96-200, dated February 20,
1996.
    (B) September 15, 1995 letter from Michael S. Davis, Manager--Air
and Chemical Management Programs, General Electric Medical Systems to
Denese Helgeland, Wisconsin Department of Natural Resources, along with
the enclosed system diagram. (This letter is referenced in Consent Order
AM-96-200.)
    (96)-(97) [Reserved]
    (98) On November 6, 1996, the State of Wisconsin submitted rules
pertaining to requirements under the Prevention of Significant
Deterioration program. Wisconsin also submitted rule packages as
revisions to the state implementation plans for particulate matter and
revisions to the state implementation plans for clarification changes.
    (i) Incorporated by reference. The following sections of the
Wisconsin Administrative Code (WAC) are incorporated by reference. Both
rule packages, AM-27-94 and AM-9-95, were published in the (Wisconsin)
Register in April 1995, No. 472, and became effective May 1, 1995. AM-
27-94 modifies Chapter NR, Sections 400.02(39m), 404.05, 405.02, 405.07,
405.08, 405.10, 405.14, and 484.04 of the WAC. AM-9-95 modifies Chapter
NR, Sections 30.03, 30.04, 400 Note, 400.02, 400.03, 401.04, 404.06,
405.01, 405.02, 405.04, 405.05, 405.07, 405.08, 405.10, 406, 407, 408,
409, 411, 415, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 429,
436, 438, 439, 445m, 447, 448, 449, 484, 485, 488, 493, and 499 of the
WAC.
    (99) [Reserved]
    (100) On October 30, 1998, Wisconsin submitted a source-specific
State Implementation Plan revision for Uniroyal Engineered Products,
Inc., located in Stoughton, Wisconsin. The State supplemented the
original submittal with Consent Order Number AM-99-900 on February 17,
2000. This source-specific variance relaxes volatile organic compound
reasonably available control technology requirements for Uniroyal.
    (i) Incorporation by reference.
    (A) Consent Order Number AM-99-900, issued by the Wisconsin
Department of Natural Resources to Uniroyal Engineered Products on
February 17, 2000.
[37 FR 10902, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2570, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
    Effective Date Note: At 65 FR 36353, June 8, 2000, Sec. 52.2570 was
amended by adding paragraph (c)(100), effective Aug. 7, 2000.
[[Page 740]]
Sec. 52.2571  Classification of regions.
    The Wisconsin plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Duluth (Minnesota)-Superior (Wisconsin) Interstate........           I         II       III       III        III
North Central Wisconsin Intrastate........................          II        III       III       III        III
Lake Michigan Intrastate..................................          II        III       III       III        III
Southeast Minnesota-La Crosse (Wisconsin) Interstate......          II         IA       III       III        III
Southern Wisconsin Intrastate.............................          II        III       III       III        III
Southeastern Wisconsin Intrastate.........................           I         II       III       III          I
Rockford (Illinois)-Jamesville-Beloit (Wisconsin)                   II        III       III       III        III
 Interstate...............................................
Metropolitan Dubuque Interstate...........................           I        III       III       III        III
----------------------------------------------------------------------------------------------------------------
[37 FR 10902, May 31, 1972, as amended at 39 FR 16348, May 8, 1974; 45
FR 2322, Jan. 11, 1980]
Sec. 52.2572  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Wisconsin's plans for the attainment and maintenance of the
National Ambient Air Quality Standards under section 110 of the Clean
Air Act. Furthermore, the Administrator findsthe plans satisfy 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 State Implementation
Plan depends on the adoption and submittal of RACT requirements on: (1)
Group III Control Techniques Guideline sources within 1 year after
January 1st following the issuance of each Group III control technique
guideline; and (2) major (actual emissions equal or greater than 100
tons VOC per year) non-control technique guideline sources in accordance
with the State's schedule contained in the 1982 Ozone SIP revision for
Southeastern Wisconsin.
[49 FR 8923, Mar. 9, 1984]
Sec. 52.2573  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-June 30 and July 1-December 31.
[[Page 741]]
    (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.
[37 FR 10902, May 31, 1972, as amended at 40 FR 55334, Nov. 28, 1975; 51
FR 40676, Nov. 7, 1986]
Sec. 52.2574  Legal authority.
    (a) The requirements of Sec. 51.230(f) of this chapter are not met
since section 144.33 of the Wisconsin Air Law will preclude the release
of emission data in certain situations.
[37 FR 10902, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.2575  Control strategy: Sulfur dioxide.
    (a) Part D--Approval--With the exceptions set forth in this subpart,
the Administrator approved the Wisconsin sulfur dioxide control plan.
    (1) Part D--No action--USEPA takes no action on the Wisconsin sulfur
dioxide rules NR 154.12 (1), (2) and (3).
    (b) Sulfur dioxide maintenance plan.
    (1) An SO<INF>2</INF> maintenance plan was submitted by the State of
Wisconsin on June 9, 1992, for the City of Madison, Dane County.
    (2) An SO<INF>2</INF> maintenance plan was submitted by the State of
Wisconsin on June 12, 1992, for the City of Milwaukee, Milwaukee County.
[46 FR 21168, Apr. 9, 1981, as amended at 58 FR 29786 and 29790, May 24,
1993]
Sec. 52.2576  [Reserved]
Sec. 52.2577  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 Wisconsin's plan, except where noted.
----------------------------------------------------------------------------------------------------------------
                                                                   Pollutant
                              ----------------------------------------------------------------------------------
  Air Quality Control Region              TSP                       SO<INF>2</INF>
                              ----------------------------------------------------    NO<INF>2</INF>        CO        O<INF>3</INF>
                                Primary     Secondary     Primary     Secondary
----------------------------------------------------------------------------------------------------------------
Duluth (Minnesota)-Superior
 (Wisconsin Interstate (AQCR
 129):
    a. Primary/Secondary       a........  f............  b........  a............  c........  c.......  c.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
North Central Wisconsin
 Intrastate (AQCR 238):
    a. Primary/Secondary       b........  f............  d........  c............  c........  c.......  d.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
Lake Michigan Intrastate
 (AQCR 237):
    a. Primary/Secondary       b........  f............  c........  c............  c........  c.......  d.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
Southeast Minnesota-LaCrosse
 (Wisconsin) Interstate (AQCR
 128):
    a. Primary/Secondary       b........  c............  a........  a............  c........  c.......  c.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
Southern Wisconsin Intrastate
 (AQCR 240):
    a. Primary/Secondary       g........  f............  d........  c............  c........  c.......  d.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
Southeastern Wisconsin
 Intrastate (AQCR 239):
    a. Primary/Secondary       d........  d............  b........  a............  c........  e.......  e.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
[[Page 742]]
Rockford (Illinois)-
 Janesville-Beloit
 (Wisconsin) Interstate (AQCR
 73) (Wisconsin portion):
    a. Primary/Secondary       d........  d............  c........  c............  c........  c.......  c.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
Metropolitan Dubuque
 Interstate (AQCR 68):
    a. Primary/Secondary       a........  a............  c........  c............  c........  c.......  c.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
----------------------------------------------------------------------------------------------------------------
a. July, 1975.
b. Air quality levels presently below primary standard or are unclassifiable.
c. Air quality levels presently below secondary standard or are unclassifiable.
d. December 31, 1982.
e. December 31, 1987.
f. 18-Month extension granted for plan submission and identification of attainment date.
g. No attainment plan was submitted.
Note: Sources subject to the plan requirements and attainment dates established under section 110(a)(2)(A) prior
  to the 1977 Clean Air Act Amendments remain obligated to comply with these requirements by the earlier
  deadlines. The earlier attainment dates are set out at 40 CFR 52.2577(1978).
For actual nonattainment designations refer to 40 CFR part 81.
Dates or footnotes which are italicized are prescribed by the Administrator because the plan did not provide a
  specific date or the date provided was not acceptable.
[48 FR 9862, Mar. 9, 1983]
Sec. 52.2578  Compliance schedules.
    (a) [Reserved]
    (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) Federal compliance schedules. (1) Except as provided in
paragraph (c)(3) of this section, the owner or operator of any
stationary source in the Southeast Wisconsin AQCR subject to the
following emission limiting regulation in the Wisconsin implementation
plan shall comply with the the applicable compliance schedule in
paragraph (c)(2) of this section: Wisconsin Air Pollution Control
Regulation NR 154.13.
    (2) (i) Compliance schedules. The owner or operator of any
stationary source in the Southeast Wisconsin AQCR subject to NR 154.13
shall notify the Administrator no later than October 1, 1973, of his
intent either to install necessary control systems per Wisconsin Air
Pollution Control Regulation NR 154.13(2) or to switch to an exempt
solvent per Wisconsin Air Pollution Control Regulation NR 154.13(3) to
comply with the requirements of Wisconsin Air Pollution Control
Regulation NR 154.13.
    (ii) Any owner or operator of a stationary source subject to
paragraph (c)(2)(i) of this section who elects to comply with the
requirements of NR 154.13 by installing a control system shall take the
following actions with respect to the source no later than the specified
dates.
    (a) November 1, 1973--Advertise for bids for purchase and/or
construction of control system or purchase of requisite material for
process modification sufficient to control hydrocarbon emissions from
the source.
    (b) December 15, 1973--Award contracts or issued order for purchase
and/or construction of control system or purchase of requisite material
for process modification sufficient to control hydrocarbon emissions
from the source.
    (c) April 15, 1974--Initiate onsite construction or installation of
control system or process modification.
    (d) November 1, 1974--Complete on-site construction or installation
of control system or process modification.
    (e) January 1, 1975--Achieve final compliance with Wisconsin Air
Pollution Control Regulation NR 154.13.
[[Page 743]]
    (iii) Any owner or operator of a stationary source subject to
paragraph (c)(2)(i) of this section, who elects to comply with the
requirements of Wisconsin Air Pollution Control Regulation NR 154.13 by
switching to an exempt solvent, shall take the following actions with
respect to the source no later than the dates specified.
    (a) April 1, 1974--Begin testing exempt solvents.
    (b) June 1, 1974--Issue purchase orders for exempt solvents.
    (c) December 1, 1974--Convert to complete use of exempt solvent.
    (d) January 1, 1975--Achieve full compliance with Wisconsin Air
Pollution Control Regulation NR 154.13.
    (iv) 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) None of the above paragraphs shall apply to a source which
is presently in compliance with applicable regulations and which has
certified such compliance to the Administrator by October 1, 1973. The
Administrator may request whatever supporting information he considers
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by
the Administrator shall satisfy the requirements of this paragraph for
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this
paragraph may submit to the Administrator no later than October 1, 1973,
a proposed alternative compliance schedule. No such compliance schedule
may provide for final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
    (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 (c)(2) of this section fails to
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
    (d) [Reserved]
    (e) The compliance schedule for the source identified below is
disapproved as not meeting the requirements of subpart N of this
chapter. All regulations cited are air pollution control regulations of
the State, unless otherwise noted.
----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved     Date schedule adopted
----------------------------------------------------------------------------------------------------------------
                                                 douglas county
----------------------------------------------------------------------------------------------------------------
M&O Elevators Inc. (c) Units 12-17...  Superior...............  NR154.11(4)(b).........  Sept. 25, 1973.
----------------------------------------------------------------------------------------------------------------
                                                 marathon county
----------------------------------------------------------------------------------------------------------------
Mosinee Paper Co.....................  Mosinee................  NR154.11(4), (5).......  May 19, 1973.
----------------------------------------------------------------------------------------------------------------
[38 FR 16170, June 20, 1973, as amended at 38 FR 22752, Aug. 23, 1973;
38 FR 24832, Sept. 7, 1973; 39 FR 28159, Aug. 5, 1974; 39 FR 32608,
Sept. 10, 1974; 43 FR 53440, Nov. 16, 1978; 51 FR 40675, 40676, 40677,
Nov. 7, 1986; 54 FR 25258, June 14, 1989]
Secs. 52.2579-52.2580  [Reserved]
Sec. 52.2581  Significant deterioration of air quality.
    (a)-(c) [Reserved]
    (d) 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 Wisconsin; and sources with permits issued
by EPA prior to the effective date of the state's rules.
    (e) Regulations for the prevention of the significant deterioration
of air quality. The provisions of Sec. 52.21(b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Wisconsin for sources wishing to locate in Indian
[[Page 744]]
country; and sources constructed under permits issued by EPA.
[45 FR 52741, Aug. 7, 1980, as amended at 46 FR 9585, Jan. 29, 1981; 64
FR 28748, May 27, 1999]
Secs. 52.2582-52.2583  [Reserved]
Sec. 52.2584  Control strategy; Particulate matter.
    (a) Part D--Disapproval--USEPA disapproves Regulation NR
154.11(7)(b) of Wisconsin Administrative Code (RACT Requirements for
Coking Operations), which is part of the control strategy to attain and
maintain the standards for particulate matter, because it does not
contain an enforceable RACT-level numerical visible emission limitation
for charging operations.
    (b) Approval--On April 30, 1988 and March 30, 1990, the State of
Wisconsin submitted committal SIPs for particulate matter with an
aerodynamic diameter equal to or less than 10 micrometers
(PM<INF>10</INF>) for the Group II areas within the Cities of DePere,
Madison, Milwaukee, Superior, and Waukesha. This committal SIP meets all
of the requirements identified in the July 1, 1987, promulgation of the
SIP requirements for PM<INF>10</INF>.
[48 FR 9862, Mar. 9, 1983, as amended at 55 FR 33120, Aug. 14, 1990]
Sec. 52.2585  Control strategy: Ozone.
    (a) Disapproval--On November 6, 1986, the Wisconsin Department of
Natural Resources submitted as a proposed revision to the State's ozone
State Implementation Plan a site-specific reasonably available control
technology determination for a miscellaneous metal parts and products
dip coating line. This line is located at the Gehl facility in
Washington County, Wisconsin. In a May 31, 1988 (53 FR 19806), notice of
proposed rulemaking, United States Environmental Protection Agency
proposed to disapprove this site-specific revision to the Wisconsin
State Implementation Plan for ozone.
    (b) Disapproval--On August 22, 1986, the Wisconsin Department of
Natural Resources submitted a proposed revision to its ozone State
Implementation Plan consisting of a site-specific reasonably available
control technology determination for two miscellaneous metal parts and
products spray coatings lines. These operations are located at the
General Electric Company, Medical Systems facility in Milwaukee,
Wisconsin, an area which has been designated as nonattainment for ozone,
pursuant to section 107 of the Clean Air Act and 40 Code of Federal
Regulations, part 81, Sec. 81.350.
    (c)  [Reserved]
    (d) Approval--On November 15, 1992, the Wisconsin Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan. The submittal pertained to the development of a process for
assessing conformity of any federally-funded transportation and other
federally funded projects in the nonattainment area.
    (e) Approval--On January 15, 1993, the Wisconsin Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan for the 1990 base year inventory. The inventory was submitted by
the State of Wisconsin 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 State Implementation Plan (SIP) for all areas in
Wisconsin designated nonattainment, classified marginal to extreme.
These areas include counties of Walworth, Door, Kewaunee, Manitowoc,
Sheboygan, and the six county Milwaukee area (counties of Washington,
Ozaukee, Waukesha, Milwaukee, Racine, and Kenosha).
    (f) Approval--The Administrator approves the incorporation of the
photochemical assessment ambient monitoring system submitted by
Wisconsin on November 15, 1993, into the Wisconsin State Implementation
Plan. This submittal satisfies 40 CFR 58.20(f) which requires the State
to provide for the establishment and maintenance of photochemical
assessment monitoring stations (PAMS).
    (g) Approval--On November 15, 1993, the Wisconsin Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan. The submittal pertained to a plan for forecasting VMT in the
severe ozone nonattainment area of southeastern Wisconsin and
demonstrated that Transportation Control Measures would not
[[Page 745]]
be necessary to offset growth in emissions.
    (h) Approval--On November 15, 1993, the Wisconsin Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan. The submittal pertained to a plan for forecasting VMT in the
severe ozone nonattainment area of southeastern Wisconsin and
demonstrated that Transportation Control Measures would not be necessary
to meet the 15 percent Rate-of-Progress milestone.
    (i) Approval--EPA is approving the section 182(f) oxides of nitrogen
(NO<INF>X</INF>) reasonably available control technology (RACT), new
source review (NSR), vehicle inspection/maintenance (I/M), and general
conformity exemptions for the moderate and above ozone nonattainment
areas within Wisconsin as requested by the States of Illinois, Indiana,
Michigan, and Wisconsin in a July 13, 1994 submittal. This approval also
covers the exemption of transportation and general conformity
requirements of section 176(c) for the Door and Walworth marginal ozone
nonattainment areas. Approval of these exemptions is contingent on the
results of the final ozone attainment demonstration expected to be
submitted in mid-1997. The approval will be modified if the final
attainment demonstration demonstrates that NO<INF>X</INF> emission
controls are needed in any of the nonattainment areas to attain the
ozone standard in the Lake Michigan Ozone Study modeling domain.
    (j) Approval--On June 14, 1995, the Wisconsin Department of Natural
Resources submitted a revision to the ozone State Implementation Plan.
The submittal pertained to a plan for the implementation and enforcement
of the Federal transportation conformity requirements at the State or
local level in accordance with 40 CFR part 51, subpart T--Conformity to
State or Federal Implementation Plans of Transportation Plans, Programs,
and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the
Federal Transit Act.
    (k) Approval--On December 15, 1995, and May 15, 1996, the Wisconsin
Department of Natural Resources submitted requests to redesignate
Walworth County and Sheboygan and Kewaunee Counties, respectively, from
nonattainment to attainment for ozone. The State also submitted
maintenance plans as required by section 175A of the Clean Air Act, 42
U.S.C. 7505a. Elements of the section 175A maintenance plans include
attainment emission inventories for NO<INF>X</INF> and VOC,
demonstrations of maintenance of the ozone NAAQS with projected emission
inventories to the year 2007 for NO<INF>X</INF> and VOC, plans to verify
continued attainment, and contingency plans. If a violation of the ozone
NAAQS, determined to be caused by local sources is monitored, Wisconsin
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 and review the data for quality
assurance. A plan to analyze the violation, including an analysis of
meteorological conditions, will be submitted within 60 days to EPA-
Region 5 for approval. Within 14 months of the violation, Wisconsin will
complete and public notice the analysis and submit it to EPA-Region 5
for review. If the analysis shows that local sources caused the
violation, Wisconsin will implement the contingency measures within 24
months after the violation. The contingency measures to be implemented
in Walworth County are Stage II vapor recovery and non-Control
Technology Guideline (non-CTG) Reasonably available control technology
(RACT) limits. Contingency measures to be implemented in either Kewaunee
or Sheboygan County are lower major source applicability thresholds for
industrial sources and new gasoline standards which will lower VOC
emissions. The redesignation request and maintenance plan meet the
redesignation requirements in section 107(d)(3)(E) and 175A of the Act,
respectively.
    (l) Wisconsin's November 15, 1994 request for a temporary delay of
the ozone attainment date for Manitowoc County from 1996 to 2007 and
suspension of the automatic reclassification of Manitowoc County to
serious nonattainment for ozone is approved, based on Wisconsin's
demonstration through photochemical grid modeling that transport from
upwind areas
[[Page 746]]
makes it ``practicably impossible'' for the County to attain the ozone
National Ambient Air Quality Standard by its original attainment date.
    (m) Approval--On July 10, 1996, the Wisconsin Department of Natural
Resources submitted a revision to the ozone State Implementation Plan.
The submittal pertained to a request to waive the Oxide of Nitrogen
requirements for transportation conformity in the Milwaukee and
Manitowoc ozone nonattainment areas.
[54 FR 29557, July 13, 1989, as amended at 54 FR 34517, Aug. 21, 1989;
58 FR 34226, 34227, June 24, 1993; 59 FR 12853, Mar. 18, 1994; 59 FR
30705, June 15, 1994; 59 FR 42766, Aug. 19, 1994; 60 FR 22285, May 5,
1995; 60 FR 47089, Sept. 11, 1995; 61 FR 2438, Jan. 26, 1996; 61 FR
43675, Aug. 26, 1996; 61 FR 43972, Aug. 27, 1996; 62 FR 39448, July 23,
1997; 63 FR 5464, Feb. 3, 1998]
Sec. 52.2586  Small business stationary source technical and
          environmental compliance assistance program.
    The Wisconsin small business stationary source technical and
environmental compliance assistance program submitted on November 18,
1992 and January 21, 1993, satisfies the requirements of Section 507 of
the Clean Air Act.
[59 FR 40826, Aug. 10, 1994]
                           Subpart ZZ--Wyoming
Sec. 52.2620  Identification of plan.
    (a) Title of plan: ``Implementation Plan for Air Quality Control,
State of Wyoming.''
    (b) The plan was officially submitted on January 26, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Compliance schedule information in three plants submitted March
28, 1972, by the Department of Health and Social Services (DHSS). (Non-
regulatory.)
    (2) Procedural clarification to emergency episodes plan submitted
May 3, 1972, by DHSS.
    (3) Particulate compliance schedules submitted February 9, 1973, by
DHSS.
    (4) Emergency episode plan submitted February 27, 1973, by DHSS.
(Non-regulatory).
    (5) Compliance schedules submitted on March 1, 1973, by DHSS.
    (6) Revision of Wyoming's Standards and Regulations (Chapter I,
Section 1-20) submitted April 18, 1973, by DHSS.
    (7) Revision of particulate control strategy to require compliance
with particulate standards not later than January 31, 1974, except where
approved by EPA and compliance schedule portions of the plan submitted
May 29, 1973, by DHSS.
    (8) Compliance schedule revisions, legal authority additions, update
of Wyoming's Air Quality Standards and Regulations, non-regulatory
source surveillance and new source review procedures submitted on August
7, 1974, by the Governor.
    (9) Legal authority additions and compliance schedule revisions
submitted on February 19, 1976, by the Governor.
    (10) Requirements for continuous opacity monitoring by all fossil
fuel fired steam generators with heat inputs in excess of 250 million
Btu per hour and other miscellaneous revisions to the State regulations
as submitted by the Air Quality Division (AQD) on May 9, 1978.
    (11) Provisions to meet the requirements of Parts C and D and
sections 110, 126, and 127 of the Clean Air Act, as amended in 1977 were
submitted on January 26, 1979.
    (12) A revision to Section 14 of the Wyoming Air Quality Standards
and Regulations was submitted on July 18, 1980, and October 27, 1980.
    (13) On August 26, 1981 and August 27, 1981, Wyoming submitted
revisions to the requirements for Prevention of Significant
Deterioration, the Air Quality Monitoring Plan, revisions to the
Emergency Episode Contingency Plan, and revisions to stationary source
permitting regulations.
    (14) Revisions to the new source permit requirements in Sections 21
and 24 of the Wyoming regulations were submitted on April 30, 1981, and
February 8, 1982.
    (15) On August 30, 1984, the State of Wyoming submitted a plan
revision for lead.
    (16) Revisions to the new source permit requirements in sections 21
and 24 of the Wyoming regulation for visibility protection were
submitted on April 12, 1985.
[[Page 747]]
    (i) Incorporation by reference.
    (A) Letter from Randolph Wood, Administrator, Wyoming Air Quality
Division, dated April 12, 1985, submitting the Wyoming Visibility SIP
and Regulations.
    (B)(1) Wyoming Air Quality Standards and Regulations (WAQSR),
Section 21.n. (1) and (2) adopted on January 22, 1985.
    (2) WAQSR, Section 24.b.(1)(f) adopted on January 22, 1985.
    (3) WAQSR, Section 24.b.(6) (a) and (b) revised and adopted on
January 22, 1985.
    (17) A revision to the SIP was submitted by the Administrator of the
Wyoming Air Quality Division on September 6, 1988, for visibility
general plan requirements, monitoring, and long-term strategies.
    (i) Incorporation by reference.
    (A) Letter dated September 6, 1988, Charles A. Collins,
Administrator of the Wyoming Air Quality Division, submitting a SIP
revision for visibility protection.
    (B) The SIP revision for visibility protection, ``Section 28
Visibility'' of the Wyoming Air Quality Standards and Regulations, and
``Wyoming State Implementation Plan for Class I Visibility Protection''
was adopted by the Wyoming Environmental Quality Council on March 23,
1988, and became effective on May 10, 1988.
    (18) On September 6, 1988, the Administrator of the Air Quality
Division, as the Governor's designee, submitted a plan revising the
stack height regulations, Wyoming Air Quality Standards and Regulations
(WAQSR) section 21(d).
    (i) Incorporation by reference.
    (A) Revisions to the Wyoming Air Quality Standards and Regulation
section 21(d), stack heights, were adopted and effective on May 10,
1988.
    (19) In a letter dated August 5, 1986, the Administrator of the Air
Quality Division of Wyoming, submitted the stack height demonstration
analysis. EPA is approving the demonstration analysis for all of the
stacks.
    (i) Incorporation by reference. (A) Stack height demonstration
analysis submitted by the State in a letter dated August 5, 1986.
    (20) A revision to the SIP was submitted by the Administrator of the
Wyoming Air Quality Division on March 14, 1989, to address the Group III
PM-10 SIP requirements and Group II PM-10 SIP requirements for Lander,
Wyoming.
    (i) Incorporation by reference.
    (A) Amendments to the Wyoming Air Quality Standards and Regulations:
section 2 (Definitions) (a)(xxx), section 3 (Ambient Standards for
Particulate Matter) (a), section 20 (Air Pollution Emergency Episodes)
(b)(ii), section 21 (Permit Requirements for Construction, Modification,
and Operation) (c)(ii) and section 24 (Prevention of Significant
Deterioration) (a)(xx)(A), (b)(i)(E)(VI)(1.)(c.)(f.)(h.) & (1.),
(b)(iii), (b)(iv), (b)(viii), and (b)(xii)(D)(E)(F) & (G), effective
February 13, 1989.
    (B) March 14, 1989 letter from Charles A. Collins, Administrator of
the Wyoming Air Quality Division to James J. Scherer, EPA Region VIII
Regional Administrator, identifying the effective date of the above
regulation amendments.
    (21) On November 20, 1990, the Governor of Wyoming submitted
revisions to the plan. The revisions include amendments to the
prevention of significant deterioration of air quality (PSD) regulations
to incorporate the nitrogen dioxide (NO<INF>2</INF>) increments,
revisions to the new source review requirements and PSD regulations to
make them federally enforceable, and revisions to the PSD regulations to
allow establishment of multiple baseline areas which may have different
baseline dates and different baseline concentrations.
    (i) Incorporation by reference. (A) Revisions to the Wyoming Air
Quality Standards and Regulations, Section 2, Definitions, Section 21,
Permit Requirements for Construction, Modification, and Operation, and
Section 24, Prevention of Significant Deterioration, effective October
30, 1990.
    (ii) Additional material. (A) November 5, 1990, letter from Douglas
Skie, EPA, to Charles A. Collins, Administrator, Air Quality Division,
Wyoming Department of Environmental Quality.
    (22) On September 6, 1988, the Governor of Wyoming submitted
revisions
[[Page 748]]
to Section 3 of the Wyoming Air Quality Standards and Regulations,
adding subsection (d) which defines ``ambient air'' for surface coal
mines located in Wyoming's Powder River Basin.
    (i) Incorporation by reference.
    (A) Revisions to Section 3(d) of the Wyoming Air Quality Standards
and Regulations, effective June 5, 1987.
    (ii) Additional material.
    (A) Memorandum of Agreement signed on December 22, 1993 by Dennis
Hemmer, Director, Department of Environmental Quality, State of Wyoming,
and on January 24, 1994 by Patricia D. Hull, Director, Air, Radiation
and Toxics Division, EPA Region VIII.
    (23) On November 1, 1993, the Governor of Wyoming submitted a plan
for the establishment and implementation of a Small Business Assistance
Program to be incorporated into the Wyoming State Implementation Plan as
required by section 507 of the Clean air Act.
    (i) Incorporation by reference.
    (A) November 1, 1993, letter from the Governor of Wyoming submitting
a Small Business Assistance Program plan to EPA.
    (B) The State of Wyoming plan for the establishment and
implementation of a Small Business Assistance Program, adopted September
16, 1993, by the Wyoming Environmental Quality Council.
    (24) On August 28, 1989, the Governor of Wyoming submitted revisions
to the Wyoming State implementation plan (SIP) for Sheridan, Wyoming. In
addition to the original August 28 submittal, eight submittals
containing information in response to EPA requests and to the new Clean
Air Act Amendments were submitted. The August 28, 1989, submittal, in
combination with the eight subsequent submittals, satisfy those moderate
PM<INF>10</INF> nonattainment SIP requirements due on November 15, 1991.
Included in the August 28, 1989, submittal were PM<INF>10</INF>
contingency measures for Sheridan to satisfy the requirements of section
172(c)(9) of the Act that were due by November 15, 1993.
    (i) Incorporation by reference.
    (A) ``The City of Sheridan, Air Quality Maintenance Plan,''
including the Street Winter Maintenance Plan and the contingency plan
calling for the use of deicing chemicals on downtown streets, adopted on
February 21, 1989.
    (ii) Additional material.
    (A) Letter dated November 21, 1989, from the Wyoming Department of
Environmental Quality to EPA which includes a memorandum dated November
15, 1989 from the Wyoming Attorney General's Office to the Wyoming
Department of Environmental Quality; the memorandum includes Wyoming
Statute 35-11-201.
    (25) On November 12, 1993, the Governor of Wyoming submitted
revisions to the Wyoming State Implementation Plan (SIP). Specifically,
the State submitted revisions to the Wyoming Air Quality Standards and
Regulations (WAQSR), section 21 ``Permit requirements for construction,
modification and operation.'' Among other things, these revisions were
made to address the non-attainment New Source Review (NSR) provisions of
part D of the Act for PM<INF>10</INF> nonattainment areas, which were
due to EPA on June 30, 1992.
    (i) Incorporation by reference.
    (A) The following subsections of section 21 of the Wyoming Air
Quality Standards and Regulations ``Permit requirements for
construction, modification and operation,'' adopted on September 16,
1993 and effective October 26, 1993: subsections (a)(ii), (a)(iii),
(a)(v), (c)(ii)(B), (k)(vii) and (o).
    (ii) Additional material.
    (A) Letter from Mary A. Throne, Assistant Attorney General, to the
Governor of Wyoming, dated October 1, 1993, documenting the necessary
legal authority under state law to adopt and implement the revised
regulation.
    (26) On March 14, 1995, the Governor of Wyoming submitted revisions
to the prevention of significant deterioration permitting regulations in
Section 24 of the Wyoming Air Quality Standards to incorporate changes
in the Federal PSD permitting regulations for utility pollution control
projects, PM-10 increments, and to make other minor changes.
    (i) Incorporation by reference.
    (A) Revisions to Section 24 of the Wyoming Air Quality Standards,
subsections (a)(ix)(B), (a)(x)(H)-(K), (a)(xii)(D), (a)(xv), (a)(xix)(D)
and (E),
[[Page 749]]
(a)(xxviii)-(xxxv), (b)(i)(A)(I), (b)(i)(E)(VI)(1), (b)(viii), and
(b)(xii)(I), effective 2/13/95.
    (27) On September 15, 1982, the Administrator of the Wyoming Air
Quality Division submitted clarifications and revisions to the
particulate matter control requirements of Section 25 of the Wyoming Air
Quality Standards and Regulations (WAQSR) for FMC Corporation in the
Trona Industrial Area. In addition, on May 16, 1985, the Administrator
of the Wyoming Air Quality Division submitted revisions to the
construction permitting requirements in Section 21 of the WAQSR to
specify guidelines for best available control technology for new large
mining operations. The Governor of Wyoming submitted revisions to
Section 21 of the WAQSR, ``Permit requirements for construction,
modification, and operation,'' on November 12, 1993. Last, the Governor
of Wyoming submitted revisions to Section 24 of the WAQSR, ``Prevention
of Significant Deterioration,'' on March 14, 1995.
    (i) Incorporation by reference.
    (A) Revisions to Section 25 of the WAQSR, ``Sweetwater County Non-
Attainment Area Particulate Matter Regulations,'' subsection c.(2),
effective September 13, 1982.
    (B) Revisions to Section 21 of the WAQSR, ``Permit requirements for
construction, modification, and operation,'' subsection c.(5), effective
May 10, 1985.
    (C) Revisions to Section 21 of the WAQSR, ``Permit requirements for
construction, modification, and operation,'' subsection (a)(iv),
effective October 26, 1993.
    (D) Revisions to Section 24 of the WAQSR, ``Prevention of
Significant Deterioration,'' subsections (a)(xix), (b)(iv), and
(b)(xii)(H), effective February 13, 1995.
    (28) On March 14, 1995, the Governor of Wyoming submitted revisions
to the SIP that incorporate the General Conformity requirements of 40
CFR part 93, Subpart B into State regulation.
    (i) Incorporation by reference.
    (A) Section 32 of the Wyoming Air Quality Standards, ``Conformity of
General Federal Actions to State Implementation Plans,'' effective
February 13, 1995.
[37 FR 10903, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2620, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.2621  Classification of regions.
    The Wyoming 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)
----------------------------------------------------------------------------------------------------------------
Cheyenne Intrastate..................................          II        III       III       III           III
Casper Intrastate....................................          II        III       III       III           III
Wyoming Intrastate...................................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------
[37 FR 10904, May 31, 1972]
Sec. 52.2622  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Wyoming's plans as meeting the requirements of section 110 of
the Clean Air Act, as amended in 1977. Furthermore, the Administrator
finds that the plans satisfy the requirements of Part D, Title I, of the
Clean Air Act.
[44 FR 38475, July 2, 1979]
Secs. 52.2623-52.2624  [Reserved]
Sec. 52.2625  Compliance schedules.
    (a) The compliance schedules for the sources identified below are
approved as meeting the requirements of Subpart N of this chapter. All
regulations cited are found in the ``Wyoming Air Quality Standards and
Regulations, 1975.''
[[Page 750]]
                                                                         Wyoming
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location          Regulations involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific Power & Light..............  Glenrock..............  14 (b), (e), (h)......  Feb. 26, 1973........  Immediately..........  Sept. 1, 1976.
Montana-Dakota Utilities...........  Sheridan..............  14 (b), (e), (h)......  ......do.............  ......do.............  Dec. 31, 1976.
Utah Power & Light.................  Kemmerer..............  14 (b), (e), (h)......  ......do.............  ......do.............      Do.
Black Hills Power & Light..........  Wyodak................  14 (b), (e), (h)......  ......do.............  ......do.............  May 1, 1978.
    Do.............................  Osage.................  14 (b), (e)...........  ......do.............  ......do.............  May 15, 1977.
American Oil.......................  Casper................  14 (b), (e), (h)......  Jan. 26, 1973........  ......do.............  Jan. 31, 1974.
Basins Engineering.................  Wheatland.............  14 (b), (e), (f), (g).  June 6, 1974.........  ......do.............  Apr. 5, 1974.
Stauffer Chemical Co...............  Green River...........  14 (b), (e), (f), (g).  ......do.............  ......do.............  Oct. 31, 1973.
    Do.............................  Leefe.................  14 (b), (e), (f), (g).  Feb. 26, 1973........  ......do.............  Nov. 1, 1976.
Barold Division of National Lead...  Osage.................  14 (b), (e), (f), (g).  Jan. 26, 1973........  ......do.............  Dec. 31, 1975.
    Do.............................  Colony................  14 (b), (e), (f), (g).  June 6, 1973.........  ......do.............  Mar. 1, 1974.
Holly Sugar........................  Torrington............  14 (b), (e), (f), (g).  ......do.............  ......do.............  Oct. 31, 1976.
    Do.............................  Worland...............  14 (b), (d), (f), (g).  ......do.............  ......do.............      Do.
Reeves Concrete....................  Gillette..............  14 (b), (e), (f), (g).  Jan. 26, 1973........  ......do.............  Dec. 1, 1973.
    Do.............................  Sheridan..............  14 (b), (e), (f), (g).  ......do.............  ......do.............      Do.
    Do.............................  Buffalo...............  14 (b), (e), (f), (g).  ......do.............  ......do.............      Do.
American Colloid...................  Lovell................  14 (b), (e), (f), (g).  June 6, 1974.........  ......do.............  Apr, 30, 1974.
Star Valley Swiss Cheese...........  Thayne................  14 (b), (e), (h)......  Jan. 26, 1973........  ......do.............  Dec. 31, 1973.
Sheridan Commercial................  Sheridan..............  14 (b), (e), (f), (g).  ......do.............  ......do.............      Do.
Federal Bentonite..................  Upton.................  14 (b), (e), (f), (g).  June 6, 1973.........  ......do.............  June 30, 1974.
    Do.............................  Lovell................  14 (b), (e), (f), (g).  ......do.............  ......do.............      Do.
Wyo-Ben Products...................  Greybull..............  14 (b), (e), (f), (g).  Jan. 26, 1973........  ......do.............  Jan. 30, 1974.
    Do.............................  Lovell................  14 (b), (e), (f), (g).  June 6, 1974.........  ......do.............      Do.
FMC................................  Kemmerer..............  14 (e), (f), (g), (i).  Jan. 26, 1973........  ......do.............  Dec. 31, 1976.
    Do.............................  Green River...........  14 (b), (e), (f), (g).  June 6, 1974.........  ......do.............  Oct. 31, 1974.
Gunn-Quealy Coal...................  Rock Springs..........  14 (b), (e), (f), (g).  ......do.............  ......do.............  Mar. 31, 1974.
Allied Chemical....................  Green River...........  14 (b), (e), (f), (g).  ......do.............  ......do.............  Aug. 1, 1976.
IMC Corp...........................  Colony................  14 (b), (e), (f), (g).  ......do.............  ......do.............  Oct. 31, 1974.
Wyodak Resources Develop...........  Gillette..............  14 (b), (e), (f), (g).  ......do.............  ......do.............  Feb. 28, 1974.
Church and Dwight..................  Green River...........  14 (b), (e), (f), (g).  ......do.............  ......do.............  Nov. 1, 1973.
Wycon Chemical.....................  Cheyenne..............  14 (b), (e), (f), (g).  Sept. 11, 1975.......  ......do.............  June 1, 1976.
Dresser Minerals...................  Greybull..............  14 (b), (e), (f), (g).  ......do.............  ......do.............  Feb. 15, 1976.
Town of Byron......................  Byron.................  13....................  Jan. 26, 1973........  ......do.............  July 1, 1974.
Town of Chugwater..................  Chugwater.............  13....................  ......do.............  ......do.............      Do.
Town of Cowley.....................  Cowley................  13....................  ......do.............  ......do.............      Do.
Town of Lovell.....................  Lovell................  13....................  May 24, 1973.........  ......do.............      Do.
Big Horn County....................  Big Horn County.......  13....................  Jan. 26, 1973........  ......do.............      Do.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[41 FR 36653, Aug. 31, 1976, as amended at 51 FR 40676, Nov. 7, 1986]
[[Page 751]]
Secs. 52.2626-52.2629  [Reserved]
Sec. 52.2630  Prevention of significant deterioration of air quality.
    (a) The Wyoming plan, as submitted, is approved as meeting the
requirements of Part C of the Clean Air Act except that designation of
the Savage Run Wilderness Area, as established in Pub. L. 95-237, from
Class II to Class I is disapproved.
    (b) Regulation for preventing significant deterioration of air
quality. The Wyoming plan, as submitted does not apply to certain
sources in the State. Therefore, the provisions of Sec. 52.21(b) through
(v) are hereby incorporated by reference and made a part of the State
Implementation Plan for the State of Wyoming and are applicable to the
following proposed major stationary sources or major modifications:
    (1) Sources proposing to construct on Indian Reservations in
Wyoming; and
    (2) Sources that received an air quality permit from the Wyoming
State Department of Environmental Quality prior to September 6, 1979.
    (c) The State of Wyoming has clarified the generalized language
contained in section 24 of the Wyoming Air Quality Standards and
Regulations on the use of the ``Guidelines for Air Quality Models.'' In
a letter to Douglas M. Skie, EPA, dated May 18, 1989, Charles A.
Collins, Administrator of the Air Quality Divisions stated:
    * * * The Division, will, as a matter of practice, utilize the
``Guideline on Air Quality Models'' as revised, including Supplement A,
in all PSD permit application reviews. The Division will utilize any
future revisions to the Guideline in PSD permitting reviews as revisions
become effective.
[44 FR 51979, Sept. 6, 1979, as amended at 54 FR 27881, July 3, 1989]
Sec. 52.2631  [Reserved]
Sec. 52.2632  Visibility protection.   [Reserved]
Sec. 52.2633  Stack height regulations.
    In a letter dated December 9, 1988, to Douglas M. Skie, EPA, from
Charles A. Collins, Administrator of The Air Quality Division, the State
committed to conduct stack height evaluations in accordance with the
``Guideline for Determination of Good Engineering Practice Stack Height
(Technical Support Document for the Stack Height Regulations)'', EPA
450/4-80-023R, June 1985.
[54 FR 11188, Mar. 17, 1989]
Sec. 52.2634   Correction of approved plan.
    The following rules of the Wyoming Air Quality Standards and
Regulations have been removed from the approved plan pursuant to section
110(k)(6) of the Clean Air Act (as amended in 1990): Section 7, Hydrogen
Sulfide; Section 11, Fluorides; and Section 16, Odors.
[61 FR 47059, Sept. 6, 1996]
                            Subpart AAA--Guam
Sec. 52.2670  Identification of plan.
    (a) Title of Plan: ``Implementation Plan for Compliance With the
Ambient Air Quality Standards for the Territory of Guam.''
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revision listed below was submitted on the date
specified.
    (1) Revised implementation plan submitted on August 14, 1973, by the
Governor.
    Section I--Public hearing.
    Section II--Introduction.
    Section III--Legal authority (narrative).
    Section IV--Ambient air quality standards and air pollution control
regulations (narrative).
    Section V--Emissions inventory.
    Section VI--Air quality data.
    Section VIII (B and C)--Control strategies.
    Section IX--Complex sources (narrative).
    Section X--Air quality surveillance network (narrative).
    Section XI--Source surveillance system (narrative).
    Section XIII--Compliance schedule.
    Section XV--Resources.
    Section XVI--Intergovernmental cooperation (narrative).
    Appendix A--Notice and minutes of public hearing.
    Appendix C--Pub. L. 11-191 (enacted on December 7, 1972).
    Appendix E (Regulations):
    Chapter 1, Definitions: 1.1-1.8, 1.10-1.14, 1.16, 1.19, and 1.21-
1.32.
    Chapter 2, Ambient Air Quality Standards: 2.1 and 2.2.
    Chapter 3, Permits (for complex sources only): 3.1-3.13.
    Chapter 4, Monitoring, Records, and Reporting: 4.2, and 4.4.
    Chapter 5, Sampling and Testing: 5.3.
[[Page 752]]
    Chapter 6, Control of Open Burning: 6.2(g)(1-3).
    Chapter 7, Control of Particulate Emission from Process Industries:
7.1-7.4 (7.1 and 7.6 deleted without replacement).
    Chapter 8, Control of Fugitive Dust: 8.1-8.9.
    Chapter 10, Control of Visible Emissions: 10.1(b) and the deletion
of 10.1(c).
    Chapter 14, Motor Vehicle Pollution Controls: 14.1-14.7.
    Chapter 15, Appeal Procedures, Circumvention, Severability, and
Effective Date: 15.1-15.4
    Appendix F--Summary of air quality data.
    Appendix G--Steam powerplant parameters.
    Appendix H--Diffusion model computer printout.
    Appendix J--Minutes and letters of public hearing on compliance
schedules.
    Appendix K--Emissions inventory data.
    (2) Amendments to the Guam Air Pollution Control Standards and
Regulation submitted on October 12, 1979 by the Governor's designee.
    (i) Chapter 13--Control of Sulfur Dioxide Emission, 13.3, 13.4.
    (ii) Deleted without replacement Rule 13.3 (submitted January 25,
1972).
    (iii) Chapters 1 (except 1.18 and 1.19), 4, 10, 12 and 14; Rules
3.1-3.9, 5.3, 6.2, 7.1, 7.4, 7.5, 8.3-8.7, 13.1, 13.2 and 18.1-18.4; and
deletion of Rules 3.12, 3.17 and 12.3.
    (3) Amendments to the Guam Air Pollution Control Standards and
Regulations submitted on April 1, 1980 by the Governor's designee.
    (i) Addendum to 13.1--Compliance Order for the Guam Power
Authority's Power Barge ``Inductance''.
    (4) Amendments to the Guam Air Pollution Control Standards and
Regulations submitted on January 6, 1982 by the Governor's designee.
    (i) Chapter 17--Appeals Procedures, Circumvention, Severability, and
Effective Date.
    (5) Amendments to the Guam Air Pollution Control Standards and
Regulations submitted on June 30, 1982 by the Governor's designee.
    (i) ``Territory of Guam NAP for SO<INF>2</INF>,'' consisting of the
narrative or Control Strategy portion of the Piti NAP; Addendum B,
``Preliminary Results of SO<INF>2</INF> Dispersion Modeling;'' and
``Official Report of Public Hearing.'' The remaining portions of the
addenda are for informational purposes only.
    Editorial Note: At 50 FR 2820, Jan. 22, 1985, the following
paragraph (c)(5) was added to Sec. 52.2670.
    (5) Amendments to the Guam Air Pollution Standards and Regulations
submitted on May 22, 1984.
    (i) Section X. Air Quality Surveillance Network.
    (6) The following amendments to the plan were submitted on November
24, 1982, by the Governor.
    (i) Negative declaration indicating no Lead Sources in Guam.
[37 FR 10904, May 31, 1972, as amended at 41 FR 8968, Mar. 2, 1976; 43
FR 48639, Oct. 19, 1978; 43 FR 59067, Dec. 19, 1978; 45 FR 14560, Mar.
6, 1980; 46 FR 26303, May 12, 1981; 47 FR 43054, Sept. 30, 1982; 49 FR
20496, May 15, 1984; 50 FR 2820, Jan. 22, 1985; 50 FR 32698, Aug. 14,
1985]
Sec. 52.2671  Classification of regions.
    The Guam 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)
----------------------------------------------------------------------------------------------------------------
Guam.................................................         III         II       III       III           III
----------------------------------------------------------------------------------------------------------------
Sec. 52.2672  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Guam's plan for the attainment and maintenance of the National
Standards.
[46 FR 25303, May 6, 1981]
Secs. 52.2673-52.2675  [Reserved]
Sec. 52.2676  Significant deterioration of air quality.
    (a) The requirements of sections 160 through 165 of the Clean Air
Act are
[[Page 753]]
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(b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Guam.
[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]
Sec. 52.2677  [Reserved]
Sec. 52.2678  Control strategy and regulations: Particulate matter.
    (a) The requirements of Sec. 51.110(a) and subpart G of this chapter
are not met since the plan does not provide for the attainment and
maintenance of the national standards.
    (b) Chapter 6, Regulations 6.2(g)(1-3) of the ``Guam Air Pollution
Control Standards and Regulations'' (control of open burning--
agricultural crops) are disapproved since they do not provide criteria
upon which to base the approval or denial of permit requests.
    (c) The following rules are disapproved because they could allow an
emissions increase, and a control strategy demonstration has not been
submitted showing that any increased emissions would not interfere with
the attainment or maintenance of the NAAQS.
    (1) Rule 8.7, submitted on October 12, 1979.
[43 FR 59067, Dec. 19, 1978, as amended at 46 FR 26303, May 12, 1981; 51
FR 40676, Nov. 7, 1986]
Sec. 52.2679  Control strategy and regulations: Sulfur dioxide.
    (a) Approvals of the following rules are limited to specific
sources, since a control strategy demonstration has not been submitted
showing that any increased emissions would not interfere with the
attainment or maintenance of the NAAQS.
    (1) Rule 13.1, submitted on October 12, 1979, for all applicable
sources except the Tanguisson Power Plant.
    (2) Rule 13.2, submitted on January 25, 1972, for the Tanguisson
Power Plant.
    (b) The following rules are disapproved because they are
inconsistent with section 123(a)(2) of the Clean Air Act which requires
continuous control strategies.
    (1) Rule 13.2, submitted on October 12, 1979.
[46 FR 26304, May 6, 1981]
Secs. 52.2680-52.2681  [Reserved]
Sec. 52.2682  Air quality surveillance.
    (a) The requirements of Sec. 51.27(a)(2) of this chapter as of
December 19, 1978 (43 FR 59067), are not met. In addition, Chapter 1,
Regulation 1.8 and Chapter 5, Regulation 5.3 of the ``Guam Air Pollution
Control Standards and Regulations'' (buffer zones--air quality sampling)
are not in conformance with the intent of the Clean Air Act and the
definition of ``ambient air'' promulgated at Sec. 50.1(e) of this
chapter. Regulations 1.8 and 5.3 are disapproved because they could
prohibit ambient air quality sampling at places of expected maximum
concentration and/or at places where the public has access.
[43 FR 59067, Dec. 19, 1978, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.2683  [Reserved]
Sec. 52.2684  Source surveillance.
    (a) The requirements of Sec. 51.214 and Appendix P of this chapter
are not met since the plan does not contain sufficient regulations
pertaining to continuous in-stack monitoring.
[43 FR 59067, Dec. 19, 1978, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.2685  [Reserved]
Sec. 52.2686  Upset-breakdown reporting.
    (a) Chapter 4, Regulation 4.4 of the ``Guam Air Pollution Control
Standards and Regulations'' (reporting of upsets and breakdowns) is
disapproved since criteria for further enforcement action are not
specified, thus permitting the Guam Administratorunlimited discretion.
[43 FR 59067, Dec. 19, 1978]
[[Page 754]]
                        Subpart BBB--Puerto Rico
Sec. 52.2720  Identification of plan.
    (a) Title of plan: ``Clean Air for Puerto Rico.''
    (b) The plan was submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the date
specified.
    (1) Compliance schedules submitted on April 5, 1973, by the
Commonwealth of Puerto Rico Environmental Quality Board.
    (2) Compliance schedules submitted on April 9, 1973, by the
Commonwealth of Puerto Rico Environmental Quality Board.
    (3) Compliance schedules submitted on April 17, 1973, by the
Commonwealth of Puerto Rico Environmental Quality Board.
    (4) Compliance schedules submitted on May 30, 1973, by the
Commonwealth of Puerto Rico Environmental Quality Board.
    (5) Compliance schedules submitted on June 18, 1973, by the
Commonwealth of Puerto Rico Environmental Quality Board.
    (6) Compliance schedules submitted on September 10, 1973, by the
Commonwealth of Puerto Rico Environmental Quality Board.
    (7) Compliance schedules submitted December 6, 1973, by the
Commonwealth of Puerto Rico Environmental Quality Board.
    (8) Information on procedures followed in adoption of compliance
schedules submitted on February 1, 1974, by the Commonwealth of Puerto
Rico Environmental Quality Board.
    (9) Compliance schedules submitted February 7, 1974, by the
Commonwealth of Puerto Rico Environmental Quality Board.
    (10) Compliance schedules submitted February 7, 1974, by the
Commonwealth of Puerto Rico Environmental Quality Board.
    (11) Information on procedures followed in adoption of compliance
schedules submitted on February 12, 1974, by the Commonwealth of Puerto
Rico Environmental Quality Board.
    (12) Information on procedures followed in adoption of compliance
schedules submitted on March 13, 1974, by the Puerto Rico Environmental
Quality Board.
    (13) Information on procedures followed in adoption of compliance
schedules submitted on March 15, 1974, by the Puerto Rico Environmental
Quality Board.
    (14) Information on procedures followed in adoption of compliance
schedules submitted on March 20, 1974, by the Puerto Rico Environmental
Quality Board.
    (15) AQMA designations were submitted on May 5, 1974, by the
Governor of Puerto Rico.
    (16) Compliance schedules submitted June 11, 1974, by the
Commonwealth of Puerto Rico Environmental Quality Board.
    (17) Compliance schedules submitted on September 6, 1974, by the
Commonwealth of Puerto Rico Environmental Quality Board.
    (18) Revised Article 6 (Control of Sulfur Compound Emissions) was
submitted on January 3, 1975, by the Governor of Puerto Rico.
    (19) Public hearing information regarding revised Article 6 was
submitted on January 17, 1975, by the Executive Director of the
Environmental Quality Board.
    (20) Information regarding Guayanilla and Aguirre Air Basins was
submitted on February 14, 1975, by the Environmental Quality Board.
    (21) Emission limitation for one source in the Ponce Air Basin was
submitted on March 26, 1976, by the Environmental Quality Board.
    (22) Predicted SO<INF>2</INF> concentrations for Aguirre Air Basin
was submitted on May 8, 1975, by the Environmental Quality Board.
    (23) Additional information regarding revised Article 6 was
submitted on May 15, 1975, by the Environmental Quality Board.
    (24) Predicted SO<INF>2</INF> ambient concentrations for Barceloneta
and Ensenada submitted on June 2, 1975, by the Environmental Quality
Board.
    (25) Predicted SO<INF>2</INF> ambient concentrations for Barceloneta
and Ensenada submitted on January 8, 1976, by the Environmental Quality
Board.
    (26) A document entitled, ``Clean Air for Puerto Rico,'' submitted,
pursuant to requirements of Part D of the Clean
[[Page 755]]
Air Act, on June 29, 1979 by the Governor of the Commonwealth of Puerto
Rico.
    (27) Supplementary submittals of SIP revision material from the
Puerto Rico Environmental Quality Board, dated:
    (i) October 30, 1979, containing policy statements of EQB with
regard to: Its objective to attain both the primary and secondary
particulate matter air quality standards by December 31, 1982,
assurances with regard to meeting the requirements of reasonable further
progress, verification of the detail of its annual reporting effort,
clarification of the operation of its offset program and correction of
the related inventory and graphical presentations.
    (ii) July 24, 1980, providing a comprehensive set of adopted
regulations, entitled ``Regulation for the Control of Atmospheric
Pollution.''
    (iii) August 6, 1980, providing a commitment to submit ``external
offsets'' as SIP revisions.
    (28) A submittal by the Puerto Rico Environmental Quality Board
entitled, ``Revised Provisions for SIP Air Quality Monitoring Plan,''
April 1980.
    (29) Revision submitted by the Puerto Rico Environmental Quality
Board on April 26, 1982, as modified by a July 8, 1982 letter, which
grants a visible emissions standard variance to ovens ``A'' and ``B'' of
the Owens-Illinois, Inc. Vega Alta plant. This variance remains in
effect until November 2, 1985.
    (30) Revision submitted on March 3, 1981 by the Commonwealth of
Puerto Rico's Environmental Quality Board which establishes fuel oil
sulfur content limitations (known as ``sulfur assignments'') applicable
to the 110 sources. On October 20, 1983, 78 of these 110 sources had
their sulfur assignments approved by EPA.
    (31) Revision submitted on May 30, 1984 by the Commonwealth of
Puerto Rico's Environmental Quality Board which establishes fuel oil
sulfur content limitations (known as ``sulfur assignments'') applicable
to the Bristol Alpha Corporation.
    (32) An Implementation Plan for attainment of the lead standard was
submitted on September 28, 1984 by the Chairman of the Puerto Rico
Environmental Quality Board. On December 12, 1984, the Chairman
submitted a schedule for establishing a program to review new sources of
lead.
    (33) Revision submitted by the Puerto Rico Environmental Quality
Board on September 6, 1983, which grants a visible emissions variance
from Commonwealth Rule 403, ``Visible Emissions,'' from 20 percent to 45
percent for the crude unit and from 20 percent to 35 percent for the hot
oil/final lube unit located at the Yabucoa Sun Oil Company's plant in
Yabucoa.
    (34) Revision submitted by the Puerto Rico Environmental Quality
Board on December 31, 1986, which grants a visible emissions standard
variance to Owen-Illinois, Inc. Vega Alta plant.
    (i) Incorporation by reference. Resolution and notification
announcing a Certificate of Renewal to Commonwealth of Puerto Rico Law
403 of the Regulation for Control of Atmospheric Pollution; adopted on
July 9, 1986.
    (ii) Additional material. Documents submitted on December 31, 1986
in support of the above resolution.
    (35) A revision submitted on November 14, 1993 by the Chairman of
the Puerto Rico Environmental Quality Board (EQB) for the Municipality
of Guaynabo. The submittal was made to satisfy those moderate
PM<INF>10</INF> nonattainment area SIP requirements due for the
Municipality of Guaynabo as outlined in the Clean Air Act of 1990.
    (i) Incorporation by reference:
    (A) Regulations:
    (1) Amendments to Part I, Rule 102, ``Definitions,'' of the Puerto
Rico Regulations for the Control of Atmospheric Pollution, effective
April 2, 1994.
    (2) Amendments to Part II, Rule 201, ``Location Approval,'' Rule
202, ``Air Quality Impact Analysis,'' and Rule 203, ``Permit to
Construct a Source,'' of the Puerto Rico Regulations for the Control of
Atmospheric Pollution, effective April 2, 1994.
    (3) Amendments to Part IV, Rule 401, ``Generic Prohibitions,'' Rule
402, ``Open Burning,'' Rule 403, ``Visible Emissions,'' Rule 404,
``Fugitive Dust,'' and Rule 423, ``Limitations for the Guaynabo
PM<INF>10</INF> Nonattainment Area,'' of the Puerto Rico Regulations for
the Control of Atmospheric Pollution, effective April 2, 1994.
    (B) Memoranda of Understanding (MOU):
[[Page 756]]
    (1) MOU signed by the Chairman of EQB and the Executive Director of
Puerto Rico Electrical Power Authority, San Juan plant, limiting the
sulfur-in-fuel level, annual operation capacity, and requiring the
submittal of monthly sampling reports of its fuel's sulfur content,
effective January 31, 1994.
    (2) MOU signed by the Chairman of EQB and the Secretary of Puerto
Rico Department of Transportation and Public Works and the Executive
Director of the Highway Authority to maintain and control the
reconstruction of existing roads and the construction of new roads,
effective July 2, 1993.
    (3) MOU signed by the Chairman of EQB and the Mayor of the
Municipality of Guaynabo to pave and maintain the streets, roads and
parking areas located in the Municipality of Guaynabo, effective
December 13, 1993.
    (4) MOU signed by the Chairman of EQB and the Executive Director of
the Puerto Rico Port Authority to pave and maintain the streets, roads,
and parking areas that lead into the port area in Puerto Nuevo, Guaynabo
and San Juan, effective October 14, 1993.
    (36) Revisions to the Puerto Rico Regulations for the Control of
Atmospheric Pollution (the Regulations) submitted on September 29, 1995
by the Puerto Rico Environmental Quality Board (EQB).
    (i) Incorporation by reference.
    (A) Regulations:
    (1) Amendments to Part I, ``General Provisions'', Rules 102, 105,
106, 107, 109, 110, 111, 114, 117, and 121, effective September 28,
1995.
    (2) Amendments to Part II, ``Approval and Permit'', Rules 201, 203,
204, 205, 206, and 209, effective September 28, 1995.
    (3) Amendments to Part III, ``Variance'', Rule 301, effective
September 28, 1995.
    (4) Amendments to Part IV, ``Prohibitions'', Rules 401, 402, 403,
404, 405, 406, 408, 409, 410, 412, 413, 414, and 417, effective
September 28, 1995.
    (5) Amendments to Part V, ``Fees'', Rule 501, effective September
28, 1995.
    (ii) Additional information.
    (A) Request by EQB to remove Rules 411, 418, 419, 420 and 421 of
Part IV, ``Prohibitions'' of the Regulations from the federally approved
SIP dated September 29, 1995.
    (B) An October 4, 1996 letter from EQB to EPA requesting that EPA
delay approval of Rules 112 and 211.
[37 FR 10905, May 31, 1972, as amended at 41 FR 8968, Mar. 2, 1976; 41
FR 51017, Nov. 19, 1976; 45 FR 72658, Nov. 3, 1980; 46 FR 23417, Apr.
27, 1981; 48 FR 28271, June 21, 1983; 48 FR 48669, Oct, 20, 1983; 49 FR
38103, Sept. 27, 1984; 50 FR 7338, Feb. 22, 1985; 50 Fr 15423, Apr. 18,
1985; 52 FR 38419, Oct. 16, 1987; 60 FR 28338, May 31, 1995; 62 FR 3213,
Jan. 22, 1997]
Sec. 52.2721  Classification of regions.
    The Puerto Rico 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)
----------------------------------------------------------------------------------------------------------------
Puerto Rico..........................................          IA         IA       III       III           III
----------------------------------------------------------------------------------------------------------------
[37 FR 10905, May 31, 1972]
Sec. 52.2722  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves Puerto Rico's plans for the attainment and maintenance of
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds that the plan satisfies all requirements of Part
D, Title I, of the Clean Air Act, as amended in 1977.
Sec. 52.2723  EPA--approved Puerto Rico regulations.
[[Page 757]]
                               Regulation for the Control of Atmospheric Pollution
----------------------------------------------------------------------------------------------------------------
                                           Commonwealth
         Puerto Rico regulation           effective date       EPA approval date               Comments
----------------------------------------------------------------------------------------------------------------
                                           PART I, GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
Rule 101--Title.........................         9/28/95  1/22/97; 62 FR 3213         ..........................
Rule 102--Definitions...................         9/28/95  ......do..................  ..........................
Rule 103--Source Monitoring,                     9/28/95  ......do..................  ..........................
 Recordkeeping, Reporting, Sampling and
 Testing Methods.
Rule 104--Emission Data Available to             9/28/95  ......do..................  ..........................
 Public Participation.
Rule 105--Malfunction...................         9/28/95  ......do..................  ..........................
Rule 106--Test Methods..................         9/28/95  ......do..................  ..........................
Rule 107--Air Pollution Emergencies.....         9/28/95  ......do..................  ..........................
Rule 108--Air Pollution Control                  9/28/95  ......do..................  ..........................
 Equipment.
Rule 109--Notice of Violation...........         9/28/95  ......do..................  ..........................
Rule 110--Revision of Applicable Rules           9/28/95  ......do..................  ..........................
 and Regulations.
Rule 111--Applications, Hearings, Public         9/28/95  ......do..................  ..........................
 Notice.
Rule 113--Closure of a Source...........         9/28/95  ......do..................  ..........................
Rule 114--Compulsory and Optional                9/28/95  ......do..................  ..........................
 Hearing.
Rule 115--Punishment....................         9/28/95  ......do..................  ..........................
Rule 116--Public Nuisance...............         9/28/95  ......do..................  ..........................
Rule 117--Overlapping or Contradictory           9/28/95  ......do..................  ..........................
 Provisions.
Rule 118--Segregation and Combination of         9/28/95  ......do..................  ..........................
 Emissions.
Rule 119--Derogation....................         9/28/95  ......do..................  ..........................
Rule 120--Separability Clause...........         9/28/95  ......do..................  ..........................
Rule 121--Effectiveness.................         9/28/95  ......do..................  ..........................
----------------------------------------------------------------------------------------------------------------
                                          PART II, APPROVAL AND PERMIT
----------------------------------------------------------------------------------------------------------------
Rule 201--Location Approval.............         9/28/95  ......do..................  ..........................
Rule 202--Air Quality Impact Analysis...         9/28/95  ......do..................  ..........................
Rule 203--Permit to Construct a Source..         9/28/95  ......do..................  ..........................
Rule 204--Permit to Operate a Source....         9/28/95  ......do..................  ..........................
Rule 205--Compliance Plan for Existing           9/28/95  ......do..................  ..........................
 Emission Sources.
Rule 206--Exemptions....................         9/28/95  ......do..................  ..........................
Rule 207--Continuing Responsibility for          9/28/95  ......do..................  ..........................
 Compliance.
Rule 208--Agricultural Burning                   9/28/95  ......do..................  ..........................
 Authorized.
Rule 209--Modification of the Allowed            9/28/95  ......do..................  ..........................
 Sulfur-in-Fuel Percentage.
Rule 210--(Reserved) Part III,
 ``Variance''.
----------------------------------------------------------------------------------------------------------------
                                               PART III, VARIANCE
----------------------------------------------------------------------------------------------------------------
Rule 301--Variances Authorized..........         9/28/95  ......do..................  ..........................
Rule 302--Emergency Variances...........         9/28/95  ......do..................  ..........................
----------------------------------------------------------------------------------------------------------------
                                              PART IV, PROHIBITIONS
----------------------------------------------------------------------------------------------------------------
Rule 401--Generic Prohibitions..........         9/28/95  ......do..................  ..........................
Rule 402--Open Burning..................         9/28/95  ......do..................  ..........................
Rule 403--Visible Emissions.............         9/28/95  ......do..................  ..........................
Rule 404--Fugitive Emissions............         9/28/95  ......do..................  ..........................
Rule 405--Incineration..................         9/28/95  ......do..................  ..........................
Rule 406--Fuel Burning Equipment........         9/28/95  ......do..................  ..........................
Rule 407--Process Sources...............         9/28/95  ......do..................  ..........................
Rule 408--Asphaltic Concrete Batching            9/28/95  ......do..................  ..........................
 Plants.
Rule 409--Non-Process Sources...........         9/28/95  ......do..................  ..........................
Rule 410--Maximum Sulfur Content in              9/28/95  ......do..................  ..........................
 Fuels.
Rule 412--Sulfur Dioxide Emissions:              9/28/95  ......do..................  ..........................
 General.
Rule 413--Sulfuric Acid Plants..........         9/28/95  ......do..................  ..........................
Rule 414--Sulfur Recovery Plants........         9/28/95  ......do..................  ..........................
Rule 415--Non-Ferrous Smelters..........         9/28/95  ......do..................  ..........................
Rule 416--Sulfite Pulp Mills............         9/28/95  ......do..................  ..........................
Rule 417--Storage of Volatile Organic            9/28/95  ......do..................  ..........................
 Compounds.
Rule 423--Limitations for the Guaynabo            4/2/94  5/31/95; 60 FR 28333......
 PM<INF>10</INF> Nonattainment Area.
----------------------------------------------------------------------------------------------------------------
[[Page 758]]
                                                  PART V, FEES
----------------------------------------------------------------------------------------------------------------
Rule 501--Permit Fees...................         9/28/95  1/22/97; 62 FR 3213.......
Rule 502--Excess Emission Fees..........         9/28/95  ......do..................  ..........................
Rule 503--Test Fees.....................         9/28/95  ......do..................  ..........................
Rule 504--Modification..................         9/28/95  ......do..................  ..........................
----------------------------------------------------------------------------------------------------------------
[62 FR 3213, Jan. 22, 1997; 62 FR 6619, Feb. 12, 1997]
Sec. 52.2724  [Reserved]
Sec. 52.2725  General requirements.
    (a) The requirements of Sec. 51.116(c) of this chapter are not met,
since section 2.4 of the Puerto Rico Regulation for Control of
Atmospheric Pollution could, in some circumstances, prohibit the
disclosure of emission data to the public. Therefore, section 2.4 is
disapproved.
    (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 34537, Sept. 26, 1974, as amended at 40 FR 55334, Nov. 28, 1975;
51 FR 40676, Nov. 7, 1986]
Sec. 52.2726  Legal authority.
    (a) The requirements of Sec. 51.230(f) of this chapter are not met,
since Article 17 of Puerto Rico Act 9 could, in some circumstances,
prohibit the disclosure of emission data to the public. Therefore,
Article 17 is disapproved.
[39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]
Secs. 52.2727-52.2728  [Reserved]
Sec. 52.2729  Significant deterioration of air quality.
    (a) The requirements of sections 160 through 165 of the Clean Air
Act are
[[Page 759]]
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(b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Puerto Rico.
[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]
Sec. 52.2730  [Reserved]
Sec. 52.2731  Control strategy and regulations: Sulfur oxides.
    (a) The requirements of subpart G of this chapter are not met since
the Puerto Rico plan does not provide for attainment and maintenance of
the national standards for sulfur oxides in the areas of Aguirre,
Barceloneta, Trujillo Alto-Dorado and Ensenada.
    (b) Article 6, as submitted to EPA on January 3, 1975, of the Puerto
Rico Regulations for Control of Atmospheric Pollution, as it applies to
those areas listed in paragraph (a) of this section is disapproved for
the following facilities: Puerto RicoWater Resources Authority--Aguirre
Complex, Abbott, Merck and Company, Bristol Meyers, Pfizer, Union
Carbide, Upjohn, located in the Barceloneta air basin, and Central
Guanica, located in the Aquada air basin. Accordingly, these sources,
with the exception of the Puerto Rico Water Resources Authority--Aguirre
Complex, are required to conform to the sulfur in fuel limitations
contained in Article 6 of the Puerto Rico implementation plan as
submitted to EPA on January 31, 1972.
    (c) On and after the effective date of this paragraph, the maximum
allowable sulfur in fuel limitation, by weight, for the Puerto Rico
Water Resources Authority Aguirre complex shall be 2.5 percent.
    (d) The requirements of section 110 of the Clean Air Act are not met
since Article 6 of the Puerto Rico Regulation for Control of Atmospheric
Pollution would permit the use of stack height increases in lieu of
available methods for emission reduction. Therefore, Section H of
Appendix A of Article 6 of the Puerto Rico Regulation for Control of
Atmospheric Pollution is disapproved to the extent that it would permit
increases in stack height in lieu of available methods of emission
reduction.
[40 FR 42194, Sept. 11, 1975. Correctly designated at 41 FR 24586, June
17, 1976, and amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.2732  Small business technical and environmental compliance
          assistance program.
    On November 16, 1992, the Puerto Rico Environmental Quality Board
submitted a plan for the establishment and implementation of a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program for incorporation in the Puerto Rico state
implementation plan. This plan meets the requirements of section 507 of
the Clean Air Act, and Puerto Rico must implement the plan as approved
by EPA.
[59 FR 34386, July 5, 1994]
                       Subpart CCC--Virgin Islands
    Source: 37 FR 10905, May 31, 1972, unless otherwise noted.
Sec. 52.2770  Identification of plan.
    (a) Title of plan: ``Air Quality Implementation Plan for the U.S.
Virgin Islands.''
    (b) The plan was officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Procedures for making emission data available to the public
submitted April 26, 1972, by the Division of Environmental Health,
Virgin Islands Department of Health.
    (2) Revision to construction permit regulation, Rule 12, section
206-26(a) of the Virgin Islands Rules and Regulations, submitted on
August 17, 1972, by the Governor.
    (3) Sections 206-30 (Review of new sources and modifications) and
206-31 (Review of new or modified indirect sources) were submitted on
February 12, 1974, by the Governor of Virgin Islands.
    (4) Additional information on sections 206-30 and 206-31 was
submitted on April 10, 1975, by the Governor of the Virgin Islands.
[[Page 760]]
    (5) Exemption of the St. John Municipal Incinerator from the
requirements of section 204-23, paragraph (c)(2) of the Virgin Islands
Air Pollution Control Code submitted on July 9, 1975, by the Governor.
    (6) Revised Section 204-26 (Sulfur Compounds Emissions Control)
submitted on January 21, 1976 by the Governor of the Virgin Islands, as
it applies to the islands of St. Thomas and St. John.
    (7) Amended revised Section 204-26 submitted on June 3, 1976 by the
Governor of the Virgin Islands, as it applies to the islands of St.
Thomas and St. John.
    (8) As it applies to the island of St. Croix, per an August 16, 1976
request from the Virgin Islands, revised 12 V.I.R. & R. 9:204-26 (Sulfur
Compounds Emission Control) excluding subsection (a)(2), as submitted on
January 21, 1976 by the Governor of the Virgin Islands.
    (9) Revision submitted on August 29, 1977, by the Governor of the
Virgin Islands which allows, under provisions of 12 V.I.R. & R. 9:204-
26, the relaxation of the sulfur-in-fuel-oil limitation to 1.5 percent,
by weight, for the Virgin Islands Water and Power Authority's
Christiansted Power Plant.
    (10) Revision submitted on February 9, 1980 by the Commissioner of
the Department of Conservation and Cultural Affairs of the Government of
the Virgin Islands of the United States which grants an ``administrative
order'' under Title 12 V.I.C. section 211 and Title 12 V.I.R. & R.
sections 204-26(d). This ``administrative order'' relaxes, until one
year from the date of EPA approval, the sulfur-in-fuel-oil limitation to
1.5 percent, by weight, applicable to Martin Marietta Alumina and the
Hess Oil Virgin Islands Corporation, both located in the Southern
Industrial Complex on the Island of St. Croix.
    (11) A document entitled ``Air Monitoring Plan,'' November 1979,
submitted on February 23, 1981, by the Virgin Islands Department of
Conservation and Cultural Affairs.
    (12) Revision submitted on April 9, 1981 by the Commissioner of the
Department of Conservation and Cultural Affairs of the Government of the
Virgin Islands of the United States which grants an ``administrative
order'' under Title 12 V.I.C. section 211 and Title 12 V.I.R. and R.
sections 204-26(d). This ``administrative order'' relaxes, until one
year from the date of EPA approval, the sulfur-in-fuel-oil limitation to
1.5 percent, by weight, applicable to Martin Marietta Alumina and the
Hess Oil Virgin Islands Corporation, both located in the Southern
Industrial Complex on the Island of St. Croix.
    (13) Revision submitted on January 12, 1983 by the Commissioner of
the Department of Conservation and Cultural Affairs of the Government of
the Virgin Islands of the United States which grants an ``administrative
order'' under Title 12 V.I.C. section 211 and Title 12 V.I.R. and R.
sections 204-26(d). This ``administrative order'' relaxes, until one
year from the date of EPA approval, the sulfur-in-fuel-oil limitation to
1.5 percent, by weight, applicable to Martin Marietta Alumina and the
Hess Oil Virgin Islands Corporation, both located in the Southern
Industrial Complex on the Island of Saint Croix.
    (14) An Implementation Plan for attainment of the lead standard was
submitted by the Governor of the U.S. Virgin Islands on November 16,
1984.
    (15) Revision submitted on December 1, 1983 by the Virgin Islands
Department of Environmental Conservation and Cultural Affairs which
grants a variance establishing, for one year from February 26, 1985, a
maximum sulfur-in-fuel-oil limitation of 1.5 percent, by weight, for the
Hess Oil Virgin Islands Corporation and the Martin Marietta Aluminum
Properties, Inc. facilities located on the Island of Saint Croix.
    (16) Revision submitted on February 11, 1986 by the Virgin Islands
Department of Environmental Conservation and Cultural Affairs which
grants a variance establishing, for one year from April 14, 1987, a
maximum sulfur-in-fuel-oil limitation of 1.5 percent, by weight, for the
Hess Oil Virgin Islands Corporation and the Martin Marietta Properties
facilities located on the Island of St. Croix.
    (17) Comprehensive revisions to Virgin Islands air pollution control
regulations submitted on March 20, 1987, by
[[Page 761]]
the Virgin Islands Department of Planning and Natural Resources.
    (i) Incorporation by reference:
    (A) Revised sections 20 through 23, 25, 26, 28, 29, 33, 35 through
41, and 45 of subchapter 204, chapter 9, title 12 of the Virgin Islands
Code, effective January 15, 1987.
    (B) Revised sections 20 through 31 of subchapter 206, chapter 9,
title 12 of the Virgin Islands Code, effective January 15, 1987.
    (ii) Additional material:
    (A) July 1988 Modeling Analysis for CEC Energy Co., Inc.
    (B) July 11, 1989, letter from Ted Helfgott, Amerada Hess
Corporation to Raymond Werner, U.S. Environmental Protection Agency,
Region II, New York.
    (C) December 28, 1992, Prevention of Significant Deterioration of
Air Quality permit for Virgin Islands Water and Power Authority at St.
Croix's north shore facility.
[37 FR 10905, May 31, 1972]
    Editorial Note: For Federal Register citations affecting
Sec. 52.2770, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.2771  Classification of regions.
    The U.S. Virgin Islands 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)
----------------------------------------------------------------------------------------------------------------
U.S. Virgin Islands..................................          IA         IA       III       III           III
----------------------------------------------------------------------------------------------------------------
Sec. 52.2772  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves the U.S. Virgin Islands plan for attainment and maintenance of
the national standards.
Sec. 52.2773    EPA-approved Virgin Islands regulations.
----------------------------------------------------------------------------------------------------------------
                                            Effective
           Territory regulation                date          EPA approval date                 Comments
----------------------------------------------------------------------------------------------------------------
Section 204-20, ``Definitions''..........      1/15/87  4/18/94, 59 FR 18309.......  ``Fugitive emissions'' will
                                                                                      be defined as at 40 CFR
                                                                                      52.21(b)(20).
Section 204-21, ``Regulations to Control       1/15/87  .....do....................  ...........................
 Open Burning''.
Section 204-22, ``Regulations to Control       1/15/87  .....do....................  ...........................
 Emission of Visible Air Contaminants''.
Section 204-23, ``Regulations Governing        1/15/87  .....do....................  ...........................
 Emission of Particulate Matter''.
Section 204-24, ``Storage of Petroleum or       3/2/71  5/31/72, 37 FR 10905.......
 Other Volatile Products''.
Section 204-25, ``Fugitive Emissions''...      1/15/87  4/18/94, 59 FR 18309.......
Section 204-26, ``Sulfur Compounds             1/15/87  .....do....................  Subsection 204-26(a)(2) is
 Emission Control''.                                                                  disapproved for three
                                                                                      Martin Marietta (VI
                                                                                      Alumina Corp), St. Croix,
                                                                                      sources. For applicable
                                                                                      limits, refer to PSD
                                                                                      permit for the facility.
Section 204-27, ``Air Pollution Nuisances       3/2/71  5/31/72, 37 FR 10905.......
 Prohibited''.
Section 204-28, ``Internal Combustion          1/15/87  4/18/94, 59 FR 18309.......
 Engine Limits''.
Section 204-29, ``Upset, Breakdown or          1/15/87  .....do....................  ...........................
 Scheduled Maintenance''.
Section 204-30, ``Circumvention''........       3/2/71  5/31/72, 37 FR 10905.......
[[Page 762]]
Section 204-31, ``Duty to Report                3/2/71  5/31/72, 37 FR 10905.......
 Discontinuance or Dismantlement''.
Section 204-32, ``Variance Clauses''.....       3/2/71  5/31/72, 37 FR 10905.......
Section 204-33, ``Air Pollution                1/15/87  4/18/94, 59 FR 18309.......
 Emergencies''.
Section 204-35, ``Continuous Emission          1/15/87  .....do....................  ...........................
 Monitoring''.
Section 204-36, ``Eligibility to Burn          1/15/87  .....do....................  ...........................
 Waste Fuel A''.
Section 204-37, ``Eligibility to Burn          1/15/87  .....do....................  ...........................
 Waste Fuels A and B''.
Section 204-38, ``Permit and/or                1/15/87  .....do....................  ...........................
 Certificate Requirement for Waste Oil
 Facilities''.
Section 204-39, ``Sale or Use of Waste         1/15/87  .....do....................  Reference to Table 1 in
 Fuels A and B''.                                                                     this subsection refers to
                                                                                      Table 1 found in Section
                                                                                      204-20.
Section 204-40, ``Reports, Sampling and        1/15/87  .....do....................  Variances adopted pursuant
 Analysis of Waste Fuels A and B''.                                                   to subsection 204-40(e)
                                                                                      become applicable only if
                                                                                      approved by EPA as SIP
                                                                                      revisions.
Section 204-41, ``Existing Air                 1/15/87  .....do....................  ...........................
 Contamination Sources for Waste Fuel''.
Section 204-45, ``Standards of                 1/15/87  .....do....................
 Performance for Sulfur Recovery Units at
 Petroleum Refineries''.
Section 206-20, ``Permits Required''.....      1/15/87  .....do....................  ...........................
Section 206-21, ``Transfer''.............      1/15/87  .....do....................  ...........................
Section 206-22, ``Applications''.........      1/15/87  .....do....................  ...........................
Section 206-23, ``Application and Permit       1/15/87  .....do....................  ...........................
 Fees''.
Section 206-24, ``Cancellation of              1/15/87  .....do....................  ...........................
 Applications''.
Section 206-25, ``Test Methods''.........      1/15/87  .....do....................  Variances adopted pursuant
                                                                                      to subsection 206-25(c)
                                                                                      become applicable only if
                                                                                      approved by EPA as SIP
                                                                                      revisions.
Section 206-26, ``Permits to Construct''.      1/15/87  .....do....................  ...........................
Section 206-27, ``Permits to Operate''...      1/15/87  .....do....................  ...........................
Section 206-28, ``Permit Modifications,        1/15/87  .....do....................  ...........................
 Suspensions or Revocations and Denials''.
Section 206-29, ``Further Information''..      1/15/87  .....do....................  ...........................
Section 206-30, ``Appeals''..............      1/15/87  .....do....................  ...........................
Section 206-30, ``Review of New Sources       10/11/73  8/10/75, 40 FR 42013.......  Subsection 206-30(f)(6) is
 and Modifications''.                                                                 disapproved since sources
                                                                                      of minor significance are
                                                                                      not identified in Section
                                                                                      206-30. A federally
                                                                                      promulgated regulation (40
                                                                                      CFR 52.2775(g)),
                                                                                      correcting this deficiency
                                                                                      and a public participation
                                                                                      deficiency, is applicable.
                                                                                     Two separate subsections
                                                                                      are numbered 206-30 and
                                                                                      are listed here with their
                                                                                      separate titles.
Section 206-31, ``Review of New or            10/11/73  8/10/75, 40 FR 42013.......
 Modified Indirect Sources''.
----------------------------------------------------------------------------------------------------------------
[59 FR 18309, Apr. 18, 1994]
Sec. 52.2774  [Reserved]
Sec. 52.2775  Review of new sources and modifications.
    (a)-(d) [Reserved]
    (e) The requirements of 40 CFR 51.18(h) are not met since section
206-30
[[Page 763]]
of Chapter 9, Title 12 of the Virgin Islands' Code does not provide that
information submitted by the owner or operator and the agency's analysis
including its proposed approval/disapproval decision, be made available
for public comment for a period of 30 days prior to final action.
    (f) Subsection 206-30(f)(6) of section 206-30 of Chapter 9, Title 12
of the Virgin Islands' Code is disapproved since sources of minor
significance are not identified in the regulation. Accordingly, all
sources not listed in subsection 206-30 (f)(1) through (f)(5) will be
subject to review in accordance with the requirements of section 206-30.
    (g) Regulation for review of new sources and modifications.
    (1) This requirement is applicable to any stationary source subject
to review under section 206-30 of Chapter 9, Title 12 of the Virgin
Islands' Code or 40 CFR 52.2775(f).
    (2) Within 30 days after receipt of an application, the Commissioner
of the Department of Conservation and Cultural Affairs, will notify the
public, by prominent advertisement in the local news media, of the
opportunity for public comment on the information submitted by the owner
or operator.
    (i) Such information, together with the Commissioner's analysis of
the effect of the construction or modification on air quality including
the Commissioner's proposed approval or disapproval, will be available
in at least one location in the affected region.
    (ii) Written public comments submitted within 30 days of the date
such information is made available will be considered by the
Commissioner in making his final decision on the application.
    (iii) The Commissioner will make a final decision on the application
within 30 days after the close of the public comment period. The
Commissioner will notify the applicant in writing of his approval,
conditional approval, or disapproval of the application and will set
forth his reasons for conditional approval or disapproval.
    (iv) A copy of the notice required by paragraph (h)(2) of this
section shall also be sent to the Administrator through the appropriate
regional office, and to all other State and local air pollution control
agencies having jurisdiction in the region in which such new or modified
installation will be located. The notice shall also be sent to any other
agency in the region having responsibility for implementing the
procedures required under this section.
[37 FR 10905, May 31, 1972, as amended at 40 FR 42013, Sept. 10, 1975]
Secs. 52.2776-52.2778  [Reserved]
Sec. 52.2779  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(b) through (w) are hereby
incorporated and made a part of the applicable state plan for the Virgin
Islands.
[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]
Sec. 52.2780  Control strategy for sulfur oxides.
    (a) The requirements of subpart G of this chapter are not met since
there has not been a satisfactory demonstration that the Virgin Islands
plan provides for the attainment and maintenance of the national ambient
air quality standards for sulfur oxides on the island of St. Croix.
    (b) The following parts of regulation 12 V.I.R. and R. 9:204-26,
``Sulfur Compounds Emission Control,'' as submitted to EPA on January
21, 1976 and as amended and resubmitted to EPA on June 3, 1976 are
approved:
    (1) The entire regulation as it applies to the islands of St. Thomas
and St. John.
    (2) The entire regulation as it applies to the Virgin Islands Water
and Power Authority's Christiansted Power Plant on the island of St.
Croix.
    (3) The entire regulation excluding subsection (a)(2) as it applies
to the remaining sources on the island of St. Croix.
[[Page 764]]
Subsection (a)(2) of the regulation is not approved as it applies to the
remaining sources on St. Croix because of the inadequacy of the control
strategy demonstration noted in paragraph (a) of this section.
Accordingly, all sources on St. Croix with the exception of the Virgin
Islands Water and Power Authority's Christiansted Power Plant are
required to conform to the sulfur-in-fuel-oil limitations contained in
12 V.I.R. and R. 9:204-26 as originally submitted to EPA on January 31,
1972.
    (c) Reference to ``Section (a)(2)'' in subsection (d) of 12 V.I.R.
and R. 9:204-26, as submitted to EPA on January 21, 1976 and as amended
and resubmitted to EPA on June 3, 1976, refers to the following approved
limitations: (1) For the islands of St. Thomas and St. John, subsection
(a)(2) of section 204-26 as submitted to EPA on January 21, 1976 and as
amended and resubmitted to EPA on June 3, 1976; (2) for the island of
St. Croix, subsection (a)(2) of section 204-26 as originally submitted
to EPA on January 31, 1972 and approved by EPA on May 31, 1972.
[41 FR 28493, July 12, 1976, as amended at 41 FR 55531, Dec. 21, 1976;
43 FR 4016, Jan. 31, 1978; 51 FR 40676, Nov. 7, 1986]
Sec. 52.2781  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. The provisions of
Sec. 52.26 are hereby incorporated and made a part of the applicable
plan for the Virgin Islands.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the Virgin
Islands.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.2782  Small business technical and environmental compliance
          assistance program.
    On January 15, 1993, the Virgin Islands Department of Planning and
Natural Resources submitted a plan to establish and implement a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program for incorporation in the Virgin Islands state
implementation plan. This plan meets the requirements of section 507 of
the Clean Air Act, and the U.S. Virgin Islands must implement the
program as approved by EPA.
[59 FR 34386, July 5, 1994]
                       Subpart DDD--American Samoa
Sec. 52.2820  Identification of plan.
    (a) Title of plan: ``The Territory of American Samoa Air Pollution
Control Implementation Plan.''
    (b) The plan was officially submitted on January 27, 1972.
    (1) Previously approved on May 31, 1972 and now deleted without
replacement Chapter 35.01, Section 35.0113 of the Environmental Quality
Act.
    (c) The plan revisions listed below were submitted on the dates
specified.
    (1) Revised legal authority submitted on March 9, 1972, by the
Environmental Quality Commission.
    (2) Letter indicating formal adoption of the implementation plan
submitted on March 23, 1972, by the Environmental Quality Commission.
    (3) Letter regarding comments on the plan and indicating intent to
submit a revised plan submitted on April 28, 1972, by the Environmental
Quality Commission.
    (4) Formally adopted rules and regulations for the entire Territory
submitted on June 8, 1972, by the Environmental Quality Commission.
    (5) The following amendments to the plan were submitted on November
22, 1982, by the Governor.
    (i) Negative declaration indicating no Lead sources in American
Samoa.
[37 FR 10906, May 31, 1972, as amended at 41 FR 8969, Mar. 2, 1976; 50
FR 32698, Aug. 14, 1985; 62 FR 34648, June 27, 1997]
Sec. 52.2821  Classification of regions.
    The American Samoa plan was evaluated on the basis of the following
classifications:
[[Page 765]]
----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
American Samoa.......................................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------
[37 FR 10906, May 31, 1972]
Sec. 52.2822  Approval status.
    With the exceptions set forth in this subpart, the Administrator
approves American Samoa's plan for the attainment and maintenance of the
national standards.
[39 FR 8617, Mar. 6, 1974]
Sec. 52.2823  [Reserved]
Sec. 52.2824  Review of new sources and modifications.
    (a) The requirements of subpart I of this chapter are not met since
the Territory of American Samoa failed to submit a plan for review of
new or modified indirect sources.
    (b) Regulation for review of new or modified indirect sources: The
provisions of Sec. 52.22(b) are hereby incorporated by reference and
made a part of the applicable implementation plan for the Territory of
American Samoa.
[39 FR 8617, Mar. 6, 1974, as amended at 51 FR 40677, Nov. 7, 1986]
Secs. 52.2825-52.2826  [Reserved]
Sec. 52.2827  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(b) through (w) are hereby
incorporated and made a part of the applicable state plan for American
Samoa.
[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]
             Subpart EEE--Approval and Promulgation of Plans
Sec. 52.2850  Approval and promulgation of implementation plans.
    State plans consisting of control strategies, rules, and
regulations, and, in certain instances, compliance schedules, which the
Administrator has determined meet the requirements of section 16 of the
``Clean Air Amendments of 1970'' have been approved as follows:
                                Delaware
    An implementation plan for the State's portion of the Philadelphia
Interstate Air Quality Control Region was received by the Department of
Health, Education, and Welfare on June 30, 1970. Supplemental
information was received October 20, 1970. The Administrator has
determined that the State's control strategy for sulfur oxides, as set
forth in this implementation plan, is adequate for attainment of the
national primary ambient air quality standards for sulfur oxides.
Therefore, the Administrator has approved such control strategy,
together with specified rules and regulations and the compliance
schedule pertaining thereto.
                               New Jersey
    An implementation plan for the State's portion of the Philadelphia
Interstate Air Quality Control Region was received by the Department of
Health, Education, and Welfare on May 26, 1970. Supplemental information
was submitted September 23, 1970. TheAdministrator has determined that
the State's control strategy for sulfur oxides, as set forth in this
implementation plan, is adequate for attainment of the national primary
ambient air quality standards for sulfur oxides. Therefore, the
Administrator has approved such control strategy, together with
specified rules and regulations and the compliance schedule pertaining
thereto.
                              Pennsylvania
    An implementation plan for the State's portion of the Philadelphia
Interstate Air Quality Control Region was received by the
[[Page 766]]
Department of Health, Education, and Welfare on May 4, 1970.
Supplemental information was received August 4, 1970. The Administrator
has determined that the State's control strategy for sulfur oxides, as
set forth in this implementation plan, is adequate for attainment of the
national primary ambient air quality standards for sulfur oxides.
Therefore, the Administrator has approved such control strategy,
together with specified rules and regulations pertaining thereto.
                                 Kansas
    An implementation plan for the State's portion of the Kansas City
Interstate Air Quality Control Region was received by the Department of
Health, Education, and Welfare on November 19, 1970. The Administrator
has determined that the State's control strategy for particulate matter,
as set forth in this implementation plan, is adequate for attainment of
the national primary and secondary ambient air quality standards for
particulate matter. Therefore, the Administrator has approved such
control strategy, together with specified rules and regulations and the
compliance schedule pertaining thereto.
                                Virginia
    An implementation plan for the State's portion of the National
Capital Interstate Air Quality Control Region was received by the
Department of Health, Education, and Welfare on April 29, 1970.
Supplemental information was received August 10 and 14, 1970. The
Administrator has determined that the State's control strategy for
sulfur oxides and particulate matter, as set forth in this
implementation plan, is adequate for attainment of the National primary
and secondary ambient air quality standards for sulfur oxides and
particulate matter. Therefore, the Administrator has approved such
control strategy, together with specified rules and regulations and the
compliance schedules pertaining thereto.
                                Maryland
    An implementation plan for the State's portion of the National
Capital Interstate Air Quality Control Region was received by the
Department of Health, Education, and Welfare on May 28, 1970.
Supplemental information was submitted August 7 and 21, 1970. The
Administrator has determined that the State's control strategy for
sulfur oxides and particulate matter, as set forth in this
implementation plan, is adequate for attainment of the national primary
and secondary ambient air quality standards for sulfur oxides and
particulate matter. Therefore, the Administrator has approved such
control strategy, together with specified rules and regulations, as well
as the compliance schedule pertaining to the sulfur oxides standards.
                                Maryland
    An implementation plan for the Baltimore Intrastate Air Quality
Control Region was submitted to the Environmental Protection Agency on
December 23, 1970. The Administrator as determined that the State's
control strategy for sulfur oxides, as set forth in this implementation
plan, is adequate for attainment of the national primary ambient air
quality standards for sulfur oxides. The Administrator has also
determined that the State's control strategy for particulate matter, as
set forth in this implementation plan, is adequate for attainment of the
national primary and secondary ambient air quality standards for
particulate matter. Therefore, the Administrator has approved such
control strategies, together with specified rules and regulations, as
well as the compliance schedule pertaining to the sulfur oxides
standards.
                                Colorado
    An implementation plan for the Denver Intrastate Air Quality Control
Region was received by the Department of Health, Education, and Welfare
on May 12, 1970, and was amended by letter dated November 10, 1970. The
Administrator has determined that the State's control strategy for
particulate matter, as set forth in this implementation plan, is
adequate for attainment of the national primary ambient air quality
standards for particulate matter. The Administrator has also determined
that the State's control strategy for sulfur oxides, as set forth in
this implementation plan, is adequate for maintaining the national
secondary ambient air quality standards for sulfur oxides. Therefore,
the Administrator has approved such control strategies, together with
specified rules and regulations and the compliance schedules pertaining
thereto.
                                Missouri
    An implementation plan for the State's portion of the Kansas City
Intrastate Air Quality Control Region was received by the Department of
Health, Education, and Welfare on October 14, 1970. The Administrator
has determined that the State's control strategy for particulate matter,
as set forth in this implementation plan, is adequate for attainment of
the national primary and secondary ambient air quality standards for
particulate matter. Therefore, the Administrator has approved such
control strategy, together with specified rules and regulations and the
compliance schedules pertaining thereto.
                          District of Columbia
    An implementation plan for the District's portion of the National
Capital Interstate Air Quality Control Region was received by the
Department of Health, Education, and
[[Page 767]]
Welfare on May 6, 1970. Supplemental information was received August 24,
1970. The Administrator has determined that the District's control
strategy for sulfur oxides and particulate matter, as set forth in this
implementation plan, is adequate for attainment of the national primary
and secondary ambient air quality standards for sulfur oxides and
particulate matter. Therefore, the Administrator has approved such
control strategy, together with specified rules and regulations
pertaining thereto.
                              Massachusetts
    An implementation plan for the Boston Intrastate Air Quality Control
Region was received by the Department of Health, Education, and Welfare
on September 16, 1970. The Administrator has determined that the State's
control strategy for sulfur oxides,as set forth in this implementation
plan, is adequate for attainment of the national primary ambient air
quality standards for sulfur oxides. Therefore, the Administrator has
approved such control strategy, together with specified rules and
regulations and the compliance schedules pertaining thereto.
[37 FR 2581, Feb. 2, 1972. Redesignated at 37 FR 10846, May 31, 1972]
        Subpart FFF--Commonwealth of the Northern Mariana Islands
Sec. 52.2900  Negative declaration.
    (a) Air Pollution Implementation Plan for the Commonwealth of the
Northern Mariana Islands.
    (1) Letter of December 15, 1982, from the Governor to EPA, which is
a negative declaration indicating no major lead sources and continued
attainment and maintenance of the National Standards for lead.
[51 FR 40799, Nov. 10, 1986]
Sec. 52.2920  Identification of plan.
    (a) Title of plan: ``Air Pollution Implementation Plan for the
Commonwealth of the Northern Mariana Islands.
    (b) [Reserved]
    (c) The plan revisions described below were officially submitted on
the dates specified.
    (1) On February 19, 1987 the Governor's representative submitted
regulations adopted as signed on December 15, 1986 and published in the
Commonwealth Register, Volume 9, Number 1, pages 4862-94, on January 19,
1987, as follows:
    (i) Incorporation by reference. (A) ``CNMI AIR POLLUTION CONTROL
REGULATIONS'' pertaining to the preconstruction review of new and
modified major sources of lead, as follows.
Part I--Authority
Part II--Purpose and Policy
Part III--Policy
Part IV--Definitions
Part V--Permitting of New Sources and Modifications
Part VI--Registration of Existing Sources
Part VII--Sampling, Testing and Reporting Methods
Part IX--Fees
Part X--Public Participation
Part XI--Enforcement
Part XII--Severability
Part XIII--Effective Date
Part XIV--Certification
[52 FR 43574, Nov. 13, 1987]
                  Appendices A-C to Part 52 [Reserved]
 Appendix D to Part 52--Determination of Sulfur Dioxide Emissions from
                Stationary Sources by Continuous Monitors
    1. Definitions.
    1.1  Concentration Measurement System. The total equipment required
for the continuous determination of SO<INF>2</INF> gas concentration in
a given source effluent.
    1.2  Span. The value of sulfur dioxide concentration at which the
measurement system is set to produce the maximum data display output.
For the purposes of this method, the span shall be set at the expected
maximum sulfur dioxide concentration except as specified under section
5.2, Field Test for Accuracy.
    1.3  Accuracy (Relative). The degree of correctness with which the
measurement system yields the value of gas concentration of a sample
relative to the value given by a defined reference method. This accuracy
is expressed in terms of error which is the difference between the
paired concentration measurements expressed as a percentage of the mean
reference value.
    1.4  Calibration Error. The difference between the pollutant
concentration indicated by the measurement system and the known
concentration of the test gas mixture.
    1.5  Zero Drift. The change in measurement system output over a
stated period of time of normal continuous operation when the pollutant
concentration at the time for the measurement is zero.
    1.6  Calibration Drift. The change in measurement system output over
a stated period of time of normal continuous operation when the
pollutant concentration at the time of
[[Page 768]]
the measurement is the same known upscale value.
    1.7  Response Time. The time interval from a step change in
pollutant concentration at the input to the measurement system to the
time at which 95 percent of the corresponding final value is reached as
displayed on the measurement system data presentation device.
    1.8  Operational Period. A minimum period of time over which a
measurement system is expected to operate within certain performance
specifications without unscheduled maintenance, repair or adjustment.
    1.9  Reference Method. The reference method for determination of
SO<INF>2</INF> emissions shall be Method 8 as delineated in Part 60 of
this chapter. The analytical and computational portions of Method 8 as
they relate to determination of sulfuric acid mist and sulfur trioxide,
as well as isokinetic sampling, may be omitted from the overall test
procedure.
    2. Principle and Applicability.
    2.1  Principle. Gases are continuously sampled in the stack
emissions and analyzed for sulfur dioxide by a continuously operating
emission measurement system. Performance specifications for the
continuous measurement systems are given. Test procedures are given to
determine the capability of the measurement systems to conform to the
performance specifications. Sampling may include either the extractive
or nonextractive (in-situ) approach.
    2.2  Applicability. The performance specifications are given for
continuous sulfur dioxide measurement systems applied to nonferrous
smelters.
    3. Apparatus.
    3.1  Calibration Gas Mixture. Mixture of a known concentrations of
sulfur dioxide in oxygen-free nitrogen. Nominal volumetric
concentrations of 50 percent and 90 percent of span are recommended. The
mixture of 90 percent of span is to be used to set and to check the span
and is referred to as the span gas. The gas mixtures shall be analyzed
by the Reference Method at least two weeks prior to use or demonstrated
to be accurate and stable by an alternate method subject to approval of
the Administrator.
    3.2  Zero Gas. A gas containing less than 1 ppm sulfur dioxide.
    3.3  Equipment for measurement of sulfur dioxide concentration using
the Reference Method.
    3.4  Chart Record. Analog chart recorder, input voltage range
compatible with analyzer system output.
    3.5  Continuous measurement system for sulfur dioxide.
    4. Measurement System Performance Specifications.
    The following performance specifications shall be met in order that
a measurement system shall be considered acceptable under this method.
                   Table I--Performance Specifications
------------------------------------------------------------------------
            Parameter <SUP>a</SUP>                         Specification
------------------------------------------------------------------------
1. Accuracy <SUP>a</SUP>.....................  20 percent of reference mean value.
2. Calibration Error <SUP>a</SUP>............  5 percent of each (50%, and 30%)
                                     calibration gas mixture.
3. Zero Drift (2-hours) <SUP>a</SUP>.........  2 percent of emission standard.
4. Zero Drift (24-hours) <SUP>a</SUP>........  4 percent of emission standard.
5. Calibration Drift (2-hours) <SUP>a</SUP>..  2 percent of emission standard.
6. Calibration Drift (24-hours) <SUP>a</SUP>.  5 percent of emission standard.
7. Response Time..................  5 minutes maximum.
8. Operational Period.............  168 hours minimum.
------------------------------------------------------------------------
<SUP>a</SUP> Expressed as sum of absolute mean value plus 95 percent confidence
  interval of a series of tests.
    5. Performance Specification Test Procedures.
    The following test procedures shall be used to determine compliance
with the requirements of paragraph 4:
    5.1  Calibration test.
    5.1.1  Analyze each calibration gas mixture (50 percent, 90 percent)
for sulfur dioxide by the Reference method and record the results on the
example sheet shown in Figure D-1. This step may be omitted for
nonextractive monitors where dynamic calibration gas mixtures are not
used (see section 5.1.2).
    5.1.2  Set up and calibrate the complete measurement system
according to the manufacturer's written instructions. This may be
accomplished either in the laboratory or in the field. Make a series of
five nonconsecutive readings with span gas mixtures alternately at each
concentration (example, 50 percent, 90 percent, 50 percent, 90 percent,
50 percent). For nonextractive measurement systems, this test may be
performed using procedures specified by the manufacturer and two or more
calibration gases whose concentrations are certified by the manufacturer
and differ by a factor of two or more. Convert the measurement system
output readings to ppm and record the results on the example sheet shown
in Figure D-2.
    5.2  Field Test for Accuracy (Relative), Zero Drift and Calibration
Drift. Install and operate the measurement system in accordance with the
manufacturer's written instructions and drawings as follows:
    5.2.1  Conditioning Period. Offset the zero setting at least 10
percent of span so that
[[Page 769]]
negative zero drift may be quantified. Operate the system for an initial
168-hour conditioning period. During this period the system should
measure the SO<INF>2</INF> content of the effluent in a normal
operational manner.
    5.2.2  Operational Test Period. Operate the system for an additional
168-hour period. The system shall be monitoring the source effluent at
all times when not being zeroed, calibrated or backpurged.
    5.2.2.1  Field Test for Accuracy (Relative). The analyzer output for
the following test shall be maintained between 20 percent and 90 percent
of span. It is recommended that a calibrated gas mixture be used to
verify the span setting utilized. During this 168-hour test period, make
a minimum of nine (9) SO<INF>2</INF> concentration measurements using
the Reference Method with a sampling period of one hour. If a
measurement system operates across the stack or a portion of it, the
Reference Method test shall make a four-point traverse over the
measurement system operating path. Isokinetic sampling and analysis for
SO<INF>3</INF> and H<INF>2</INF> SO<INF>4</INF> mist are not required.
For measurement systems employing extractive sampling, place the
measurement system and the Reference Method probe tips adjacent to each
other in the duct. One test will consist of two simultaneous samples
with not less than two analyses on each sample. Record the test data and
measurement system concentrations on the example sheet shown in Figure
D-3.
    5.2.2.2  Field Test for Zero Drift and Calibration Drift. Determine
the values given by zero and span gas SO<INF>2</INF> concentrations at
2-hour intervals until 15 sets of data are obtained. Alternatively, for
nonextractive measurement systems, determine the values given by an
electrically or mechanically produced zero condition, and by inserting a
certified calibration gas concentration equivalent to not less than 20
percent of span, into the measurement system. Record these readings on
the example sheet shown in Figure D-4. These 2-hour periods need not be
consecutive but may not overlap. If the analyzer span is set at the
expected maximum concentration for the tests performed under section
5.2.2, then the zero and span determinations to be made under this
paragraph may be made concurrent with the tests under section 5.2.2.1.
Zero and calibration corrections and adjustments are allowed only at 24-
hour intervals (except as required under section 5.2.2) or at such
shorter intervals as the manufacturer's written instructions specify.
Automatic corrections made by the measurement system without operator
intervention or initiation are allowable at any time. During the entire
168-hour test period, record the values given by zero and span gas
SO<INF>2</INF> concentrations before and after adjustment at 24-hour
intervals in the example sheet shown in Figure D-5.
    5.3  Field Test for Response Time.
    5.3.1  This test shall be accomplished using the entire measurement
system as installed including sample transport lines if used. Flow
rates, line diameters, pumping rates, pressures (do not allow the
pressurized calibration gas to change the normal operating pressure in
the sample line), etc., shall be at the nominal values for normal
operation as specified in the manufacturer's written instructions. In
the case of cyclic analyzers, the response time test shall include one
cycle.
    5.3.2  Introduce a zero concentration of SO<INF>2</INF> into the
measurement system sampling interface or as close to the sampling
interface as possible. When the system output reading has stabilized,
switch quickly to a known concentration of SO<INF>2</INF> at 70 to 90
percent of span. Record the time from concentration switching to final
stable response. After the system response has stabilized at the upper
level, switch quickly to a zero concentration of SO<INF>2</INF>. Record
the time from concentration switching to final stable response.
Alternatively, for nonextractive monitors, a calibration gas
concentration equivalent to 20 percent of span or more may be switched
into and out of the sample path and response times recorded. Perform
this test sequence three (3) times. For each test record the results on
the example sheet shown in Figure D-6.
    6. Calculations, Data Analysis and Reporting.
    6.1  Procedure for determination of mean values and confidence
intervals.
    6.1.1  The mean value of a data set is calculated according to
equation D-1.
[GRAPHIC] [TIFF OMITTED] TR08MY98.000
where:
x<INF>i</INF>=individual values.
<greek-S>=sum of the individual values.
x=mean value.
n=number of data points.
    6.1.2  The 95 percent confidence interval (two-sided) is calculated
according to equation D-2.
[GRAPHIC] [TIFF OMITTED] TR08MY98.001
where:
<greek-S>x<INF>i</INF>=sum of all data points.
<SUP>t</SUP>.975 = <SUP>t</SUP>1-a/2, and
C.I.<INF>95</INF>=95 percent confidence interval estimated of the
average mean value.
[[Page 770]]
                        Typical Values for t<INF>1-</INF>a/2
------------------------------------------------------------------------
     n          t.975          n         t.975         n         t.975
------------------------------------------------------------------------
       2       12.706            7       2.447          12       2.201
       3        4.303            8       2.365          13       2.179
       4        3.182            9       2.306          14       2.160
       5        2.776           10       2.262          15       2.145
       6        2.571           11       2.228          16       2.131
------------------------------------------------------------------------
    The values in this table are already corrected for n-1 degrees of
freedom. Use n equal to the number of samples as data points.
    6.2  Data Analysis and Reporting.
    6.2.1  Accuracy (Relative). For each of the nine reference method
testing periods, determine the average sulfur dioxide concentration
reported by the continuous measurement system. These average
concentrations shall be determined from the measurement system data
recorded under section 5.2.2.1 by integrating the pollutant
concentrations over each of the time intervals concurrent with each
reference method test, then dividing by the cumulative time of each
applicable reference method testing period. Before proceeding to the
next step, determine the basis (wet or dry) of the measurement system
data and reference method test data concentrations.
    If the bases are not consistent, apply a moisture correction to
either the referenced method concentrations or the measurement system
concentrations, as appropriate. Determine the correction factor by
moisture tests concurrent with the reference method testing periods.
Report the moisture test method and the correction procedure employed.
For each of the nine test runs, subtract the Reference Method test
concentrations from the continuous monitoring system average
concentrations. Using these data, compute the mean difference and the 95
percent confidence interval using equations D-1 and D-2. Accuracy is
reported as the sum of the absolute value of the mean difference and the
95 percent confidence interval expressed as a percentage of the mean
reference method value. Use the example sheet shown in Figure D-3.
    6.2.2  Calibration Error. Using the data from section 5.1 of this
appendix, subtract the measured SO<INF>2</INF> value determined under
section 5.1.1 (Figure D-1) from the value shown by the measurement
system for each of the 5 readings at each concentration measured under
section 5.1.2 (Figure D-2). Calculate the mean of these difference
values and the 95 percent confidence intervals according to equations D-
1 and D-2. The calibration error is reported as the sum of absolute
value of the mean difference and the 95 percent confidence interval as a
percentage of each respective calibration gas concentration. Use example
sheet shown in Figure D-2.
    6.2.3  Zero Drift (2-hour). Using the zero concentration values
measured each two hours during the field test, calculate the differences
between consecutive two-hour readings expressed in ppm. Calculate the
mean difference and the confidence interval using Equations D-1 and D-2.
Report the zero drift as the sum of the absolute mean value and the
confidence interval as a percentage of the emission standard. Use
example sheet shown in Figure D-4.
    6.2.4  Zero Drift (24-hour). Using the zero concentration values
measured every 24 hours during the field test, calculate the differences
between the zero point after zero adjustment and the zero value 24 hours
later just prior to zero adjustment. Calculate the mean value of these
points and the confidence interval using Equations D-1 and D-2. Report
the zero drift as the sum of the absolute mean and confidence interval
as a percentage of the emission standard. Use example sheet shown in
Figure D-5.
    6.2.5  Calibration Drift (2-hour). Using the calibration values
obtained at two-hour intervals during the field test, calculate the
differences between consecutive two-hour readings expressed as ppm.
These values should be corrected for the corresponding zero drift during
that two-hour period. Calculate the mean and confidence interval of
these corrected difference values using Equations D-1 and D-2. Do not
use the differences between non-consecutive readings. Report the
calibration drift as the sum of the absolute mean and confidence
interval as a percentage of the emission standard. Use the example sheet
shown in Figure D-4.
    6.2.6  Calibration Drift (24-hour). Using the calibration values
measured every 24 hours during the field test, calculate the differences
between the calibration concentration reading after zero and calibration
adjustment and the calibration concentration reading 24 hours later
after zero adjustment but before calibration adjustment. Calculate the
mean value of these differences and the confidence interval using
equations D-1 and D-2. Report the sum of the absolute mean and
confidence interval as a percentage of the emission standard. Use the
example sheet shown in Figure D-5.
    6.2.7  Response Time. Using the charts from section 5.3 of this
Appendix, calculate the time interval from concentration switching to 95
percent to the final stable value for all upscale and downscale tests.
Report the mean of the three upscale test times and the mean of the
three downscale test times. For nonextractive instruments using a
calibration gas cell to determine response time, the observed times
shall be extrapolated to 90 percent of full scale response time. For
example, if the observed time for a 20 percent of span gas cell is one
minute, this would be equivalent to a 4\1/2\-minute response time when
extrapolated to 90 percent of span. The two average times should not
differ by more than 15 percent of the slower time. Report
[[Page 771]]
the slower time as the system response time. Use the example sheet shown
in Figure D-6.
    6.2.8  Operational Period. During the 168-hour performance and
operational test period, the measurement system shall not require any
corrective maintenance, repair, replacement, or adjustment other than
that clearly specified as required in the operation and maintenance
manuals as routine and expected during a one-week period. If the
measurement system operates within the specified performance parameters
and does not require corrective maintenance, repair, replacement or
adjustment other than specified above, during the 168-hour test period,
the operational period will be successfully concluded. Failure of the
measurement to meet this requirement shall call for a repetition of the
168-hour test period. Portions of the test which were satisfactorily
completed need not be repeated. Failure to meet any performance
specifications shall call for a repetition of the one-week performance
test period and that portion of the testing which is related to the
failed specification. All maintenance and adjustments required shall be
recorded. Output readings shall be recorded before and after all
adjustments.
    6.2.9  Performance Specifications Testing Frequency. In the event
that significant repair work is performed in the system, the company
shall demonstrate to the Administrator that the system still meets the
performance specifications listed in Table I of this appendix. The
Administrator may require a performance test at any time he determines
that such test is necessary to verify the performance of the measurement
system.
    7. References.
    7.1  Monitoring Instrumentation for the Measurement of Sulfur
Dioxide in Stationary Source Emissions, Environmental Protection Agency,
Research Triangle Park, N.C., February 1973.
    7.2  Instrumentation for the Determination of Nitrogen Oxides
Content of Stationary Source Emissions, Environmental Protection Agency,
Research Triangle Park, N.C., APTD 0847, Vol. I, October 1971; APTD
0942, Vol. II, January 1972.
    7.3  Experimental Statistics, Department of Commerce, Handbook 91,
1963, p. 3-31, paragraphs 3-3.1.4.
    7.4  Performance Specifications for Stationary-Source Monitoring
Systems for Gases, and Visible Emissions, Environmental Protection
Agency, Research Triangle Park, N.C., EPA-650/2-74-013, January 1974.
            Figure D-1--Analysis of Calibration Gas Mixtures
            Date ---------- Reference Method Used ----------
                    Mid Range Calibration Gas Mixture
Sample 1........................................................     ppm
Sample 2........................................................     ppm
Sample 3........................................................     ppm
Average.........................................................     ppm
                High Range (span) Calibration Gas Mixture
Sample 1........................................................     ppm
Sample 2........................................................     ppm
Sample 3........................................................     ppm
Average.........................................................     ppm
               Figure D-2--Calibration Error Determination
     Calibration gas mixture data (from fig. D-1): Mid (50 percent)
            average----p/m, high (90 percent) average----p/m
                     [See footnotes at end of table]
------------------------------------------------------------------------
              Calibration gas     Measurement system    Differences, p/
  Run No.     concentration\1\       reading, p/m            m\2\
------------------------------------------------------------------------
         1
------------------------------------------------------------------------
         2
------------------------------------------------------------------------
         3
------------------------------------------------------------------------
         4
------------------------------------------------------------------------
         5
------------------------------------------------------------------------
         6
------------------------------------------------------------------------
         7
------------------------------------------------------------------------
         8
------------------------------------------------------------------------
         9
------------------------------------------------------------------------
         1
------------------------------------------------------------------------
        11
------------------------------------------------------------------------
        12
------------------------------------------------------------------------
        13
------------------------------------------------------------------------
[[Page 772]]
        14
------------------------------------------------------------------------
        15
------------------------------------------------------------------------
------------------------------------------------------------------------
                                                   Percent of full scale
                                                          reading
                                                 -----------------------
                                                    50% mid    90% high
------------------------------------------------------------------------
Mean difference.................................  ..........  ..........
Confidence interval.............................  <SUP>plus-minus</SUP>  <SUP>plus-minus</SUP>
                                                  ..........  ..........
                                                        ....        ....
Calibration error=Mean difference\3\ + C.I. /     %.........  %.........
 Average calibration gas concentration  x  100..       .....       .....
------------------------------------------------------------------------
\1\ Mid or high.
\2\ Calibration gas concentration--measurement system reading.
\3\ Absolute value.
                                              Figure D-3--Accuracy
----------------------------------------------------------------------------------------------------------------
                                                                   Analyzer 1-hour
     Date and time       Test No.   Reference method samples      average\1\ (p/m)         Difference\2\ (p/m)
----------------------------------------------------------------------------------------------------------------
1
----------------------------------------------------------------------------------------------------------------
2
----------------------------------------------------------------------------------------------------------------
3
----------------------------------------------------------------------------------------------------------------
4
----------------------------------------------------------------------------------------------------------------
5
----------------------------------------------------------------------------------------------------------------
6
----------------------------------------------------------------------------------------------------------------
7
----------------------------------------------------------------------------------------------------------------
8
----------------------------------------------------------------------------------------------------------------
9
----------------------------------------------------------------------------------------------------------------
Mean difference= ----------p/m.
95 percent confidence interval=+ ----------p/m.
Mean Reference method value= ----------p/m.
Accuracy=Mean difference (absolute value)+95 percent confidence interval/Mean reference method value x 100------
 percent
----------------------------------------------------------------------------------------------------------------
\1\ Explain method used to determine average.
\2\ Difference=the 1-h average minus the reference method average.
                                  Figure D-4--Zero and Calibration Drift (2 h)
----------------------------------------------------------------------------------------------------------------
                                  Time                                                               Calibration
                          --------------------                                                          drift
                                               Date set    Zero    Zero drift    Span    (<greek-D>   (<greek-D>
           Date                                   No.     reading  (<greek-D>   reading     span)    span-<greek-
                             Begin      End                           zero)                            D> zero)
----------------------------------------------------------------------------------------------------------------
                                                      1
                                                      2
                                                      3
                                                      4
                                                      5
[[Page 773]]
                                                      6
                                                      7
                                                      8
                                                      9
                                                     10
                                                     11
                                                     12
                                                     13
                                                     14
                                                     15
Zero drift=[mean zero drift <SUP>1</SUP>------ + CI (zero) ------ <divide>emission standard] x 100= ------.
Calibration drift=[mean span drift <SUP>1</SUP> ------ CI + CI (span) ------ <divide>emission standard] x 100= ------.
----------------------------------------------------------------------------------------------------------------
\1\ Absolute value.
                                 Figure D-5--Zero and Calibration Drift (24 hr)
----------------------------------------------------------------------------------------------------------------
                                              Zero drift (<greek-D>   Span reading (after     Calibration drift
    Date and time           Zero reading              zero)             zero adjustment)      (<greek-D> span)
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Zero drift=[mean zero drift  <SUP>1</SUP>------ + CI (zero) ------ <divide>emission standard] x 100= ------.
Calibration drift=[mean span drift  <SUP>1</SUP>------ + CI (span) ------ <divide>emission standard] x 100= ------.
----------------------------------------------------------------------------------------------------------------
\1\ Absolute value.
                        Figure D-6--Response Time
Date of Test ________.
Span Gas Concentration ________ ppm.
Analyzer Span Setting ________ ppm.
Upscale:
1 ________ seconds.
2 ________ seconds.
3 ________ seconds.
Average upscale response ________ seconds.
Downscale:
1 ________ seconds.
2 ________ seconds.
3 ________ seconds.
Average downscale response ________ seconds.
System response time=slower time ____ seconds.
      Percent deviation from slowest time=average upscale-average
                      downscale x 100%/slower time
[40 FR 5517, Feb. 6, 1975]
  Appendix E to Part 52--Performance Specifications and, Specification
     Test Procedures for Monitoring Systems for Effluent Stream Gas
                          Volumetric Flow Rate
    1. Principle and applicability.
[[Page 774]]
    1.1  Principle. Effluent stream gas volumetric flow rates are
sampled and analyzed by a continuous measurement system. To verify the
measurement system performance, values obtained from the measurement
system are compared against simultaneous values obtained using the
reference method. These comparison tests will be performed to determine
the relative accuracy, and drift of the measurement system over the
range of operating conditions expected to occur during normal operation
of the source. If the measurement system is such that the specified
tests in section 5.1 for drift do not apply, those test procedures shall
be disregarded.
    1.2  Applicability. This method is applicable to subparts which
require continuous gas volumetric flow rate measurement. Specifications
are given in terms of performance. Test procedures are given for
determining compliance with performance specifications.
    2. Apparatus.
    2.1  Continuous measurement system for determining stack gas
volumetric flow rate.
    2.2  Equipment for measurement of stack gas volumetric flow rate as
specified in the reference method.
    3. Definitions.
    3.1  Measurement system. The total equipment required for the
determination of the gas volumetric flow rate in a duct or stack. The
system consists of three major subsystems:
    3.1.1  Sampling interface. That portion of the measurement system
that performs one or more of the following operations: Delineation,
acquisition, transportation, and conditioning of a signal from the stack
gas and protection of the analyzer from any hostile aspects of the
source environment.
    3.1.2  Analyzer. That portion of the measurement system which senses
the stack gas flow rate or velocity pressure and generates a signal
output that is a function of the flow rate or velocity of the gases.
    3.1.3  Data presentation. That portion of the measurement system
that provides a display of the output signal in terms of volumetric flow
rate units, or other units which are convertible to volumetric flow rate
units.
    3.2  Span. The value of gas volumetric flow rate at which the
measurement system is set to produce the maximum data display output.
For the purposes of this method, the span shall be set at 1.5 times the
maximum volumetric flow rate expected under varying operating conditions
of the source.
    3.3  Zero drift. The change in measurement system output over a
stated period of time of normal continuous operation when gas volumetric
flow rate at the time of the measurements is zero.
    3.4  Calibration drift. The change in measurement system output over
a stated time period of normal continuous operation when the gas
volumetric flow rate at the time of the measurement is 67 percent of the
span value.
    3.5  Operation period. A minimum period of time over which a
measurement system is expected to operate within certain performance
specifications without unscheduled maintenance, repair, or adjustment.
    3.6  Orientation sensitivity. The angular tolerance to which the
sensor can be misaligned from its correct orientation to measure the
flow rate vector before a specified error occurs in the indicated flow
rate compared to the reference flow rate.
    3.7  Reference method. Method 2 as delineated in 40 CFR Part 60.
    4. Measurement system performance specifications. A measurement
system must meet the performance specifications in Table E-1 to be
considered acceptable under this method.
                                Table E-1
------------------------------------------------------------------------
               Parameter                          Specifications
------------------------------------------------------------------------
Accuracy (relative)....................  <10 percent of mean reference
                                          value (paragraph 6.3.1).
Zero drift (24 hours)..................  <\3 percent of span (paragraph
                                          6.3.2).
Calibration drift (24 hours)...........  <\3 percent of span (paragraph
                                          6.3.3).
Operational period.....................  <\168 hours minimum.
------------------------------------------------------------------------
    5. Test procedures.
    5.1  Field test for accuracy, zero drift, calibration drift, and
operation period.
    5.1.1  System conditioning. Set up and operate the measurement
system in accordance with the manufacturer's written instructions and
drawings. Offset the zero point of the chart recorder so that negative
values up to 5 percent of the span value may be registered. Operate the
system for an initial 168-hour conditioning period. During this initial
period, the system should measure the gas stream volumetric flow rate in
a normal operational manner. After completion of this conditioning
period, the formal 168-hour performance and operational test period
shall begin.
    5.1.2  Field test for accuracy and operational period. During the
168-hour test period, the system should be continuously measuring gas
volumetric flow rate at all times. During this period make a series of
14 volumetric flow rate determinations simultaneously using the
reference method and the measurement system. The 14 determinations can
be made at any time interval at least one hour
[[Page 775]]
apart during the 168-hour period except that at least one determination
on five different days must be made with one determination on the last
day of such period. The determinations shall be conducted over the range
of volumetric flow rates expected to occur during normal operation of
the source. The measurement system volumetric flow rate reading
corresponding to the period of time during which each reference method
run was made may be obtained by continuous integration of the
measurement system signal over the test interval. Integration may be by
use of mechanical integration of electrical units on the chart recorder
or use of a planimeter on the strip chart recorder. The location and
orientation of the reference method measurement device and the
measurement system should be as close as practical without interference,
but no closer than 1.3 cm (0.5 inch) to each other and shall be such
that dilution air or other interferences cannot be interjected into the
stack or duct between the pitot tube and the measurement system. Be
careful not to locate the reference method pitot tube directly up or
down stream of the measurement system sensor.
    5.1.3  Field test for calibration drift and zero drift. At 24-hour
intervals, but more frequently if recommended by the manufacturer,
subject the measurement system to the manufacturer's specified zero and
calibration procedures, if appropriate. Record the measurement system
output readings before and after adjustment. Automatic corrections made
by the system without operator intervention are allowable at anytime.
    5.1.4  Field test for orientation sensitivity. If a velocity
measurement system is either a single point measurement device or a
pressure sensor or any other device such as pitot tube which uses the
flow direction of the test gas, then the following test shall be
followed and a performance specification of <SUP>plus-minus</SUP>10
degrees device orientation sensitivity for <SUP>plus-minus</SUP>4
percent flow rate determination accuracy must be met in order for the
measurement system to be considered acceptable under this method. This
is in addition to the performance specifications given in paragraph 4 of
this appendix. During a period of relatively steady state gas flow,
perform the following orientation test using the measurement system. The
system should be continuously measuring gas velocity at all times.
Rotate the measurement 10 deg. on each side of the direction of flow in
increments of 5 deg.. Perform this test three times each at:
    (1) Maximum operating velocity (<SUP>plus-minus</SUP>15 percent);
    (2) 67 percent <SUP>plus-minus</SUP>7.5 percent of the maximum
operating velocity; and
    (3) 33 percent <SUP>plus-minus</SUP>7.5 percent of the maximum
operating velocity if (2) and (3) are normal operating practices.
    6. Calculations data analysis and reporting.
    6.1  Procedure for determination of stack gas volumetric flow rate.
Calculate the reference stack gas velocity and corresponding stack gas
volumetric flow rate with the calibrated type S pitot tube measurements
by the reference method. Calculate the measurement system stack gas
volumetric flow rate as specified by the manufacturer's written
instructions. Record the volumetric flow rates for each in the
appropriate tables.
    6.2  Procedure for determination of mean values and 95 percent
confidence intervals.
    6.2.1  Mean value. The mean value of a data set is calculated
according to Equation E-1.
                              Equation E-1
[GRAPHIC] [TIFF OMITTED] TR01JY80.000
where:
x<INF>i</INF>=individual values.
<greek-S>=sum of the individual values.
x=mean value.
n=data points.
    6.2.2  95 percent confidence level. The 95 percent confidence level
(two sided) is calculated according to Equation E-2.
                              Equation E-2
[GRAPHIC] [TIFF OMITTED] TR01JY80.001
where:
<greek-S>x<INF>i</INF>=sum of all data points.
(<greek-S>x<INF>i</INF>)=sum of squares of all data points.
C.I.<INF>95</INF>=95 percent confidence interval estimate of the average
mean value.
                            Values for t.975
------------------------------------------------------------------------
     n          t.975          n         t.975         n         t.975
------------------------------------------------------------------------
       2       12.706            7       2.447          12       2.201
       3        4.303            8       2.365          13       2.179
       4        3.182            9       2.306          14       2.160
       5        2.776           10       2.262          15       2.145
       6        2.571           11       2.228          16       2.131
------------------------------------------------------------------------
The values in this table are already corrected for n-1 degrees of
freedom. Use n equal to the number of samples as data points.
    6.3  Data analysis and reporting.
    6.3.1  Accuracy (relative). First, calculate the mean reference
value (Equation E-1) of the 14 average volumetric flow rates calculated
by the reference method. Second, from the 14 pairs of average volumetric
flow rates calculated by the reference method and measurement system
volumetric flow rate readings, calculate the mean value (Equation E-1)
of the differences of the 14 paired readings. Calculate the 95 percent
confidence interval (Equation E-2) using the differences
[[Page 776]]
of fourteen paired readings. To calculate the values in the second part
of this section substitute d<INF>i</INF> for x<INF>i</INF> and d for x
in Equations E-1 and E-2 where d<INF>i</INF> equals the difference of
each paired reading and d equals the mean value of the fourteen paired
differences. Third, report the sum of the absolute mean value of the
differences of the fourteen paired readings and the 95 percent
confidence interval of the differences of value calculated in the first
part of the section. Divide this total by the mean reference value and
report the result as a percentage. This percentage is the relative
accuracy.
    6.3.2  Zero drift (24 hour). From the zero values measured each 24
hours during the field test, calculate the differences between
successive readings expressed in volumetric flow rate units. Calculate
the mean value of these differences and the confidence interval of these
differences using Equations E-1 and E-2. Report the sum of the absolute
value of the mean difference and the confidence interval as a percentage
of the measurement system span. This percentage is the zero drift.
    6.3.3  Calibration drift (24 hour). From the calibration values
measured every 24 hours during the field test calculate the differences
between: (1) The calibration reading after zero and calibration
adjustment, and (2) the calibration reading 24 hours later after zero
adjustment but before calibration adjustment. Calculate the mean value
of these differences and the confidence interval using Equations E-1 and
E-2. Report the sum of the absolute value of the mean difference and
confidence interval as a percentage of the measurement system span. This
percentage is the calibration drift.
    6.3.4  Operation period. Other than that clearly specified as
required in the operation and maintenance manual, the measurement system
shall not require any corrective maintenance, repair, replacement or
adjustment during the 168-hour performance and operational test period.
If the measurement system operates within the specified performance
parameters and does not require corrective maintenance, repair,
replacement or adjustment other than as specified above during the 168-
hour test period, the operational period will be successfully concluded.
Failure of the measurement to meet this requirement shall call for a
repetition of the 168-hour test period. Portions of the test, except for
the 168-hour field test period, which were satisfactorily completed need
not be repeated. Failure to meet any performance specifications shall
call for a repetition of the one-week performance test period and that
portion of the testing which is related to the failed specification. All
maintenance and adjustments required shall be recorded. Output readings
shall be recorded before and after all adjustments.
    6.3.5  Orientation sensitivity. In the event the conditions of
paragraph 5.1.4 of this appendix are required, the following
calculations shall be performed. Calculate the ratio of each measurement
system reading divided by the reference pitot tube readings. Graph the
ratio vs. angle of deflection on each side of center. Report the points
at which the ratio differs by more than <SUP>plus-minus</SUP>4 percent
from unity (1.00).
[40 FR 5521, Feb. 6, 1975]
 Appendix F to Part 52--Clean Air Act Section 126 Petitions From Eight
  Northeastern States: Named Source Categories and Geographic Coverage
    The table and figures in this appendix are cross-referenced in
Sec. 52.34.
      Table F-1.--Named Source Categories in Section 126 Petitions
------------------------------------------------------------------------
      Petitioning state                 Named source categories
------------------------------------------------------------------------
Connecticut..................  Fossil fuel-fired boilers or other
                                indirect heat exchangers with a maximum
                                gross heat input rate of 250 mmBtu/hr or
                                greater and electric utility generating
                                facilities with a rated output of 15 MW
                                or greater.
Maine........................  Electric utilities and steam-generating
                                units with a heat input capacity of 250
                                mmBtu/hr or greater.
Massachusetts................  Electricity generating plants.
New Hampshire................  Fossil fuel-fired indirect heat exchange
                                combustion units and fossil fuel-fired
                                electric generating facilities which
                                emit ten tons of NO<INF>X</INF> or more per day.
New York.....................  Fossil fuel-fired boilers or indirect
                                heat exchangers with a maximum heat
                                input rate of 250 mmBtu/hr or greater
                                and electric utility generating
                                facilities with a rated output of 15 MW
                                or greater.
Pennsylvania.................  Fossil fuel-fired indirect heat exchange
                                combustion units with a maximum rated
                                heat input capacity of 250 mmBtu/hr or
                                greater, and fossil fuel-fired electric
                                generating facilities rated at 15 MW or
                                greater.
Rhode Island.................  Electricity generating plants.
Vermont......................  Fossil fuel-fired electric utility
                                generating facilities with a maximum
                                gross heat input rate of 250 mmBtu/hr or
                                greater and potentially other
                                unidentified major sources.
------------------------------------------------------------------------
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[64 FR 28323, May 25, 1999]
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