Title 40—Protection of Environment--Volume 1
PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
§ 52.2324   Original identification of plan.
(a) This section identifies the original “Air Implementation Plan for the State of Utah” and all revisions submitted by Utah that were federally approved prior to March 1, 2016.
(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 2 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, § 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.
(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 2 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 Conservation 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 § 16.1, the fifth and sixth paragraph of § 16.4, and the second and third paragraphs of § 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 2 ) 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.
(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 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 10 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 10 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 2 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.
(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 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.
(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), 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 4 F 9 OCH 3 , (CF 3 ) 2 CFCF 2 OCH 3 , C 4 F 9 OC 2 H 5 , and (CF 3 ) 2 CFCF 2 OC 2 H 5 (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 10 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 10 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, Director, Utah Division of Air Quality, requesting that Utah withdraw the submitted Salt Lake and Davis County PM 10 Contingency Measure SIP revisions, the Utah County PM 10 Contingency Measure SIP revisions, and the Residential Woodburning in Salt Lake, Davis and Utah Counties PM 10 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 10 Contingency Measure SIP revisions and the Residential Woodburning in Salt Lake, Davis and Utah Counties PM 10 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 10 Contingency Measure SIP revisions and the Residential Woodburning in Salt Lake, Davis and Utah Counties PM 10 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 10 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 10 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 10 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 10 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 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.
(45) Revisions to the Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide (“Carbon Monoxide Maintenance Provisions for Ogden City”) as submitted by the Governor on December 9, 1996, excluding section IX, part C.8.f.(3) of the plan, “Emissions Credit Allocation,” as EPA is not taking any action on that section of the plan. UACR R307-8; Oxygenated Gasoline Program as submitted by the Governor on July 8, 1998.
(i) Incorporation by reference.
(A) UACR R307-2-12, section IX, part C of the Utah State Implementation Plan (SIP), adopted by the Utah Air Quality Board on August 7, 1996, and September 4, 1996, effective November 1, 1996. 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.8 (except for section IX, part C.8.f.(3)), “Carbon Monoxide Maintenance Provisions for Ogden City,” adopted by Utah Air Quality Board on August 7, 1996, and September 4, 1996, effective November 1, 1996.
(B) UACR R307-8, Oxygenated Gasoline Program, as adopted by the Utah Air Quality Board on April 21, 1998, effective April 22, 1998.
(ii) Additional materials.
(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) July 17, 2000, letter from Richard Long, Director, Air and Radiation Program, EPA Region VIII, to Ursula Kramer, Director, Utah Division of Air Quality, Department of Environmental Quality, entitled “Federal Register Action for the Ogden City Carbon Monoxide (CO) Redesignation—Resolution of Issues with the Conformity Budgets.”
(C) September 11, 2000, letter from Rick Sprott, Acting Director, Utah Division of Air Quality, Department of Environmental Quality, to Richard Long, Director, Air and Radiation Program, EPA Region VIII, entitled “DAQP-131-00; Ogden City Carbon Monoxide (CO) Redesignation—Resolution of Issues with the Conformity Budgets.” This letter provided clarification regarding the transportation conformity budgets in section IX.C.8 of the Ogden City maintenance plan SIP revision.
(46) On April 19, 2000, the Governor of Utah submitted revisions to the State's Air Conservation Regulations to update the definitions for “significant” and “volatile organic compound” to be in agreement with the federal definitions found at 40 CFR 51.166(23)(i) and 40 CFR 51.100(s)(1), July 1, 1998, respectively.
(i) Incorporation by reference.
(A) Utah Air Conservation Regulations section R307-101-2, definitions of “significant” and “volatile organic compound” (VOC), effective April 8, 1999.
(47) The Governor of Utah submitted a request to repeal sections R307-1-4.11 and R307-2-28, and revise R307-7of the Utah Air Conservation Regulations (UACR) on June 17, 1998. R307-1-4.11 is removed from the SIP. No action was taken on the repeal of R307-2-28 because it was never approved into the SIP.
(i) Incorporation by reference.
(A) UACR R307-7 effective November 15, 1996.
(48) On August 14, 2001, the Governor of Utah submitted a revision to Utah's SIP to update UACR R307-110-33, Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County. The changes involve a demonstration that Salt Lake County's test and repair I/M network is as effective as a test only I/M network.
(i) Incorporation by reference.
(A) UACR R307-110-33, which incorporates by reference Utah SIP, Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County and appendices 1.a, 1.b, and 1.c, adopted by the UAQB August 1, 2001 and State effective on August 2, 2001.
(49) On August 15, 2001, the Governor of Utah submitted a revision to Utah's SIP to update UACR R307-110-31, Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability. This revision required the mandatory implementation of the inspection of vehicle On-Board Diagnostic (OBD) systems starting January 1, 2002 in all areas implementing an I/M program.
(i) Incorporation by reference.
(A) UACR R-307-110-31 which incorporates by reference Utah SIP, Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability adopted by the UAQB on August 1, 2001 and State effective on August 2, 2001.
(50) The Governor of Utah submitted Rule R307-110-34 and Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County as part of the Utah State Implementation Plan on December 7, 2001.
(i) Incorporation by reference.
(A) Rule R307-110-34 and Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County, including appendices 1 through 6, as adopted by the Utah Air Quality Board on August 1, 2001, effective October 2, 2001, published in the Utah State Bulletin issue of September 1, 2001.
(ii) Additional Material.
(A) Letter dated December 7, 2001 from Governor Michael O. Leavitt submitting Utah County's inspection and maintenance program state implementation plan revision.
(B) Evaluation of the Utah County Inspection/Maintenance Program, dated May 20, 1999.
(51) On May 13, 2002, the Governor of Utah submitted a revision to Utah's SIP involving a new rule R307-310 “Salt Lake County: Trading of Emission Budgets for Transportation Conformity.” R307-310 allows trading from the motor vehicle emissions budget for primary Particulate Matter of 10 microns or less in diameter (PM 10 ) in the Salt Lake County PM 10 SIP to the motor vehicle emissions budget for Nitrogen Oxides (NO X ) in the Salt Lake County PM 10 SIP. This trading mechanism allows Salt Lake County to increase their NO X budget in the Salt Lake County PM 10 SIP by decreasing their PM 10 budget by an equivalent amount. These adjusted budgets in the Salt Lake County PM 10 SIP would then be used for transportation conformity purposes.
(i) Incorporation by reference.
(A) Rule R307-310 “Salt Lake County: Trading of Emission Budgets for Transportation Conformity”, as adopted on May 13, 2002, by the Utah Air Quality Board, and State effective on May 13, 2002.
(52) [Reserved]
(53) On September 27, 2001, the Governor of Utah submitted a revision to Utah's SIP involving R307-301 “Utah and Weber Counties: Oxygenated Gasoline Program.” Specifically, the State revised R307-301-3 “Average Oxygen Content Standard” to only require the implementation of a 2.7% oxygen by weight program and not a 3.1% program that the State had mandated in a 1998 revision.
(i) Incorporation by reference.
(A) Rule R307-301-3 “Average Oxygen Content Standard”, as adopted on September 5, 2001, by the Utah Air Quality Board, and State effective on September 10, 2001. This rule supersedes and replaces R307-8-3.1.B.
(54) On July 3, 2002, the Governor of Utah submitted a SIP revision revising the SIP for the Utah County nonattainment area for particulates of 10 microns in size or smaller (PM 10 ). The Governor's submittal, among other things, revises the existing attainment demonstration in the approved PM 10 SIP based on a short-term emissions inventory, establishes 24-hour emission limits for the major stationary sources in the Utah County PM 10 nonattainment area and establishes motor vehicle emission budgets based on EPA's most recent mobile source emissions model, Mobile6.
(i) Incorporation by reference.
(A) Rule R307-110-10, which incorporates revisions to portions of the Utah State Implementation Plan, Section IX, “Control Measures for Area and Point Sources,” Part A, “Fine Particulate Matter” as adopted on July 3, 2002, by the Utah Air Quality Board, and State effective on September 5, 2002. (Section IX of the Utah SIP was formerly designated Section 9. The revisions to Section IX, Part A we are incorporating by reference with this action do not replace Section 9, Part A entirely, but revise portions of Section 9.A.3., 9.A.6, 9.A.7, 9.A.8, 9.A.9 of the previously approved Utah SIP and add a new Section IX.A.10.)
(B) Rule R307-110-17, which incorporates revisions to portions of the Utah State Implementation Plan, Section IX, “Control Measures for Area and Point Sources,” Part H, “Emission Limits,” as adopted on June 5, 2002, by the Utah Air Quality, and State effective on September 5, 2002. (Section IX, Part H of the Utah SIP was formerly designated Section 9, Appendix A. The revisions to Section IX, Part H we are incorporating by reference with this action replace the following sections of Section 9, Appendix A of the previously approved Utah SIP: Section 1.1 (General Requirements (Utah County)) and all subsections thereof; Section 1.2 (Particulate Emission Limitations (company specific)) and all subsections thereof.)
(ii) Additional material.
(A) Letter dated August 9, 2002 from Richard Sprott, Director, Utah Division of Air Quality, to Richard Long, Director, Air and Radiation Program, EPA Region 8, transmitting the chronology of how the Utah County PM 10 SIP revision was adopted over two Utah Air Quality Board meetings (June 5, 2002 and July 3, 2002) and the justification for the nonsubstantive revisions made between the two adoption dates.
(B) Letter dated July 3, 2002 from Governor Michael O. Leavitt, State of Utah, to Robert E. Roberts, Regional Administrator, EPA Region 8, requesting EPA's approval of the Utah State Implementation Plan for PM 10 in Utah County.
(C) Commitment letter dated April 18, 2002 from Richard Sprott, Director, Utah Division of Air Quality, to Richard Long, Director, Air and Radiation Program, EPA Region 8, committing to work with us to address remaining issues with the PM 10 SIPs for both the Utah and Salt Lake County nonattainment areas and with the Utah SIP in general. Utah will address these ongoing issues in a SIP revision (which may be in the form of a maintenance plan) that will be submitted by March 1, 2004.
(D) Letter dated March 15, 2002 from, Richard Sprott, Director, Utah Division of Air Quality, to Richard Long, Director, Air and Radiation Program, EPA Region 8, accompanied by three volumes of Technical Support Documentation titled “Supplement II-02 to the Technical Support Documentation for the State Implementation Plan for PM 10 ” for the Utah County PM 10 SIP revision.
(E) Utah's General Definition rule R307-101-2 as in effect at the time Utah adopted Section IX, Part H of the SIP revision on June 5, 2002.
(F) All portions of the July 3, 2002 Utah PM 10 SIP revision submittal, other than any documents or provisions mentioned in paragraph (c)(54)(i) of this section.
(55) [Reserved]
(56) On June 27, 1994 and April 28, 2000, the Governor of Utah submitted revisions to the State Implementation Plan. On December 31, 2002, the State of Utah submitted Supplemental Administrative Documentation. The June 27, 1994 submittal revises the numbering and format of Utah's State Implementation Plan (SIP). The April 28, 2000 and December 31, 2002 submittals contain non-substantive changes to correct minor errors in the June 27, 1994 submittal. The provisions identified below are approved into the SIP and supersede and replace the corresponding prior codification of the provisions of the SIP.
(i) Incorporation by reference.
(A) Utah State Implementation Plan Section I; Section II; Section III (except III.C); Section IV; Section V; Section VI; Section VII (except VII.D); Section IX, Part IX.B (except the title, IX.B.3.a, IX.B.3.d, IX.B.3.e, and IX.B.4); Section IX, Parts C, E, F and G (except the titles); Section IX, Part D.1 (except for the title and IX.D.1.d (5)); Section XI (Appendix 1 and Appendix 2 only); Section XII; Section XIII; Section XIV (except Table IX.9); Section XV; Section XVI; Section XVII (except XVII.A, XVII.D and XVII.E); Section XVIII (except XVIII.B); and Section XIX, effective 11/12/93.
(B) Utah State Implementation Plan Section IX, Part IX.B.3.d; Section IX, titles of Parts B, C, D.1, E, F and G; Section XIV, Table XIV.9; Section XVII, Parts XVII.A, XVII.D and XVII.E; and Section XVIII, Part XVIII.B, effective 2/25/2000.
(C) Utah State Implementation Plan Section III, Part III.C; Section VII, Part VII.D; Section VIII; Section IX, Parts IX.B.3.a, IX.B.3.e, IX.B.4, IX.C.7.b(3), IX.C.7.h(3), IX.C.8.b(3), IX.C.8.f(1)(a), IX.C.8.h(3)(a), IX.C.8.h(3)(c), IX.D.1.d(5), IX.D.2.b, IX.D.2.d(1)(a), IX.D.2.e(1), IX.D.2.f(1)(a), IX.D.2.h (except IX.D.2.h(2)), IX.D.2.i and IX.D.2.j; and Section XXII, effective January 1, 2003.
(ii) Additional Material.
(A) October 3, 2002 letter from Rick Sprott, Utah Department of Air Quality, to Richard Long, EPA Region VIII, to address typographical errors and missing pages in the January 27, 1994 submittal.
(B) [Reserved]
(57) On September 7, 1999 and February 11, 2003, the Governor of Utah submitted revisions to the SIP. The submittals revise Utah's Air Conservation Regulations (UACR), R307-170, Continuous Emission Monitoring Program, by repealing and re-enacting the rule to clarify requirements of the rule. The revisions are being approved into the SIP.
(i) Incorporation by reference.
(A) UACR R307-170, effective 4/1/1999, except sections R307-170-4, R307-170-5 and R307-170-9.
(B) UACR sections R307-170-4, R307-170-5 and R307-170-9, effective December 5, 2002.
(58) On November 9, 2001 and September 16, 2003 the State of Utah submitted revisions to its State Implementation Plan (SIP) to incorporate new and revise existing definitions in the new source review (NSR) rules. The revisions update the State's NSR rules so that they are consistent with the revisions EPA made to its NSR rules on July 21, 1992.
(i) Incorporation by reference.
(A) Revisions to the Utah Air Conservation Regulations, R307-101-2, the definitions “Actual Emissions,” “Clean Coal Technology,” “Clean Coal Technology Demonstration Project,” “Electric Utility Steam Generating Unit,” “Emissions Unit,” “Pollution Control Project,” and “Representative Actual Annual Emissions,” effective 7/12/01.
(B) Revisions to the Utah Air Conservation Regulations, R307-101-2, the definitions “Major Modification,” “Reactivation of Very Clean Coal-Fired Electric Utility Steam Generating Unit,” “Repowering,” and “Temporary Clean Coal Technology Demonstration Project,” effective 6/1/03.
(C) Revisions to the Utah Air Conservation Regulations, R307-405-1, the definition “Major Modification” effective 6/1/03.
(59) On February 5, 2001, October 26, 2000, September 20, 1999, September 7, 1999, two State Implementation Plan (SIP) revisions submitted February 6, 1996 and one on January 27, 1995, the State of Utah submitted SIP revisions that recodifies Utah's rules that had previously been approved into Utah's SIP; removed from Utah's SIP language that is obsolete or is generally not related to attainment of the National Ambient Air Quality Standards (NAAQS) and is therefore not appropriate to be in Utah's SIP; and arranged rules to allow for a more coherent SIP structure.
(i) Incorporation by Reference.
(A) Utah Administrative Code (UAC) rule sections: R307-101-1 and 2 with the exception of the definitions for “actual emissions,” “major modification,” “part 70 source,” “significant,” and “volatile organic compound” effective September 15, 1998; R307-102-1 through R307-102-6 effective September 15, 1998 and R307-102-1(2) effective August 3, 2000; R307-105-1 and R307-105-2 effective September 15, 1998, R307-107-1 through R307-107-6 effective September 15, 1998; R307-110-1 through R307-110-9, R307-110-11, R307-110-13 through R307-110-15, R307-110-18, R307-110-20 through R307-110-28, R307-110-30, and R307-110-32 effective September 15, 1998; R307-115-1 effective September 15, 1998; R307-130-1 through R307-130-4 effective September 15, 1998; R307-165-1 through R307-165-4 effective September 15, 1998; R307-201-1 through R307-201-3 effective September 15, 1998; R307-202-1 through R307-202-6 effective September 15, 1998; R307-203-1 through R307-203-3 effective September 15, 1998; R307-206-1 through R307-206-5 effective September 15, 1998; R307-302-1, R302-302-2 (except paragraph (4)) and R307-302-4 effective September 15, 1998; R307-305-1 through R307-305-7 effective September 15, 1998; R307-307-1 through R307-307-3 effective September 15, 1998; R307-325-1 through R307-325-4 effective September 15, 1998; R307-326-1 through R307-326-7 effective September 15, 1998; R307-327-1 through R307-327-3 effective September 15, 1998; R307-328-1 through R307-328-5 effective September 15, 1998; R307-335-1 through R307-335-4 effective September 15, 1998; R307-340-1 through R307-340-13 effective September 15, 1998; R307-341-1 through R307-341-3 effective September 15, 1998; R307-342-1 through R307-342-7 effective September 15, 1998; R307-401-9 and R307-401-10(1) effective September 15, 1998; R307-403-1 through R307-403-9 effective September 15, 1998; R307-405-1 through R307-405-8 effective September 15, 1998; R307-406-1 through R307-406-6 effective September 15, 1998; R307-413-7 effective September 15, 1998; and R307-414-1 through R307-414-3 effective September 15, 1998.
(ii) Additional Material.
(A) Outline for Utah's Rules Reorganization effective September 15, 1998.
(B) July 6, 2000 letter from Richard Long, EPA Region VIII to Ursula Kramer, Director, Utah Division of Environmental Quality requesting Utah to withdraw Utah SIP submittals dated April 30, 1998, October 9, 1998, and April 19, 2000.
(C) October 6, 2000 letter from Richard Long, EPA Region VIII to Rick Sprott, Acting Director, Utah Division of Air Quality (UDAQ) notifying UDAQ of an October 6, 1995 EPA memorandum (included with the October 6, 2000 letter) stating that Clean Air Act section 172(c)(9) pertaining to contingency measures requirements would not apply to PM10 nonattainment areas that had attained the standard with at least 3 years of clean air quality and as long as the area continued to attain the standard.
(D) October 16, 2000 letter from Michael Leavitt, Governor of Utah to William Yellowtail, Regional Administrator, EPA Region VIII requesting the withdraw of Utah's SIP submittals dated April 30, 1998, October 9, 1998, and April 19, 2000.
(E) April 2, 2002 letter from Richard Long, EPA Region VIII to Rick Sprott, Director, Utah Division of Air Quality informing UDAQ of our intent to not act on Utah's SIP submittal dated October 26, 2000 and our intent to remove existing asbestos rule language (R701-1-8) from Utah's federally approved SIP.
(F) April 7, 2005 letter from Rick Sprott, Director, Utah Division of Air Quality agreeing with EPA on the exclusion of Utah rules R307-1-6, R307-121, R307-122, R307-135, R307-214, R307-215, R307-220, R307-221, R307-320, R307-332, R307-415, R307-417, and R307-1-8 from Utah's federally approved SIP.
(60) Revisions to the Utah State Implementation Plan, Section IX, Part C.7, “Carbon Monoxide Maintenance Provisions for Salt Lake City,” as submitted by the Governor on October 19, 2004; revisions to UAC R307-110-12, “Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide,” as submitted by the Governor on October 19, 2004; revisions to the Utah State Implementation Plan, Section X, “Vehicle Inspection and Maintenance Program, Part C, Salt Lake County,” as submitted by the Governor on October 19, 2004; and revisions to UAC R307-110-33, “Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County,” as submitted by the Governor on October 19, 2004.
(i) Incorporation by reference.
(A) UAC R307-110-12, as adopted by the Utah Air Quality Board on October 6, 2004, effective December 2, 2004. This incorporation by reference of UAC R307-110-12 only extends to the following Utah SIP provisions and excludes any other provisions that UAC R307-110-12 incorporates by reference: Section IX, Part C.7, “Carbon Monoxide Maintenance Provisions for Salt Lake City,” adopted by Utah Air Quality Board on October 6, 2004, effective December 2, 2004.
(B) UAC R307-110-33, “Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County,” as adopted by the Utah Air Quality Board on October 6, 2004, effective October 7, 2004.
(61) Revisions to the Utah State Implementation Plan, Section IX, Part C.8, “Carbon Monoxide Maintenance Provisions for Ogden,” as submitted by the Governor on November 29, 2004; revisions to UAC R307-110-12, “Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide,” as submitted by the Governor on November 29, 2004; revisions to the Utah State Implementation Plan, Section X, “Vehicle Inspection and Maintenance Program, Part E, Weber County,” as submitted by the Governor on November 29, 2004; and revisions to UAC R307-110-35, “Section X, Vehicle Inspection and Maintenance Program, Part E, Weber County,” as submitted by the Governor on November 29, 2004.
(i) Incorporation by reference.
(A) UAC R307-110-12, as adopted by the Utah Air Quality Board on November 3, 2004, effective January 4, 2005. This incorporation by reference of UAC R307-110-12 only extends to the following Utah SIP provisions and excludes any other provisions that UAC R307-110-12 incorporates by reference:
Section IX, Part C.8, “Carbon Monoxide Maintenance Provisions for Ogden,” adopted by the Utah Air Quality Board on November 3, 2004, effective January 4, 2005.
(B) UAC R307-110-35, “Section X, Vehicle Inspection and Maintenance Program, Part E, Weber County,” as adopted by the Utah Air Quality Board on November 3, 2004, effective November 4, 2004.
(ii) Additional materials.
(A) A July 28, 2005 letter from Jan Miller, Utah Department of Environmental Quality, to Kerri Fiedler, EPA Region VIII, to address typographical errors in the November 29, 2004 submittal.
(B) An August 2, 2005 letter from Richard Sprott, Utah Department of Environmental Quality, to Gary House, Weber-Morgan Board of Health, addressing limits on Weber County authority to revise vehicle emission cutpoints.
(62) Revisions to the Utah State Implementation Plan, “Section IX, Part C.6, Carbon Monoxide Provisions for Provo,” as submitted by the Governor on April 1, 2004; revisions to UAC R307-110-12, “Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide,” as submitted by the Governor on April 1, 2004; revisions to the Utah State Implementation Plan, “Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability,” as submitted by the Governor on April 1, 2004; revisions to UAC R307-110-31, “Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability,” as submitted by the Governor on April 1, 2004; revisions to the Utah State Implementation Plan, “Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County,” as submitted by the Governor on April 1, 2004; revisions to UAC R307-110-34, “Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County,” as submitted by the Governor on April 1, 2004; the removal of UAC R307-301 from the Federally-approved SIP as requested by the Governor on April 1, 2004; and UAC R307-302-3, and UAC R307-302-4, “No-Burn Periods for Carbon Monoxide” and “Violations,” respectively, as submitted by the Governor on September 20, 1999.
(i) Incorporation by reference.
(A) UAC R307-110-12, as adopted by the Utah Air Quality Board on March 31, 2004, effective May 18, 2004. This incorporation by reference of UAC R307-110-12 only extends to the following Utah SIP provisions and excludes any other provisions that UAC R307-110-12 incorporates by reference: “Section IX, Part C.6, Carbon Monoxide Provisions for Provo,” adopted by the Utah Air Quality Board on March 31, 2004, effective May 18, 2004.
(B) UAC R307-110-31, “Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability,” as adopted by the Utah Air Quality Board on March 31, 2004, effective May 18, 2004.
(C) UAC R307-110-34, “Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County,” as adopted by the Utah Air Quality Board on March 31, 2004, effective May 18, 2004.
(D) UAC R307-302-3, “No-Burn Periods for Carbon Monoxide,” as adopted by the Utah Air Quality Board on August 13, 1998, effective September 15, 1998.
(E) UAC R307-302-4, “Violations,” as adopted by the Utah Air Quality Board on August 13, 1998, effective September 15, 1998.
(ii) Additional materials.
(A) An August 2, 2005 letter from Richard Sprott, Utah Department of Environmental Quality, to Jerry Grover, Utah County Commission, addressing limits on Utah County authority to revise vehicle emission cut-points.
(B) An August 19, 2005 letter from Richard Sprott, Utah Department of Environmental Quality, to Richard Long, EPA Region VIII, providing supplemental Technical Support Documentation to Volumes 11 and 12 of the State's Technical Support Document for the Provo area's carbon monoxide attainment demonstration and maintenance plan that was submitted by Governor Walker on April 1, 2004.
(C) A September 8, 2005 letter from Jan Miller, Utah Department of Environmental Quality, to Kerri Fiedler, EPA Region VIII, to address typographical errors in “Section X, Part D, Utah County Vehicle Emissions Inspection and Maintenance Program” that was submitted by Governor Walker on April 1, 2004.
(63) Revisions to the definition of “Volatile Organic Compounds,” in UAC rule R307-101-2, as submitted by the Governor on November 11, 2005. Revisions to the definition of “Clearing Index,” in UAC rule R307-101-2, as submitted by the Governor on November 23, 2005.
(i) Incorporation by reference.
(A) Utah Administrative Code rule R307-101-2, as adopted by the Utah Air Quality Board on July 6, 2005, effective on July 7, 2005. This incorporation by reference extends only to the definition of Volatile Organic Compounds and excludes any other provisions that R307-101-02 incorporates by reference.
(B) Utah Administrative Code rule R307-101-2, as adopted by the Utah Air Quality Board on September 7, 2005, effective on September 8, 2005. This incorporation by reference extends only to the definition of the Clearing Index and excludes any other provisions that R307-101-2 incorporates by reference.
(64) Revisions to State Implementation Plan were submitted by the State of Utah on February 7, 2006. The revisions are to the Utah Administrative Code to revise the continuous emission monitoring requirements for performance audits of acid rain monitors and to correct several typographical and grammatical errors.
(i) Incorporation by reference.
(A) Utah Administrative Code sections: R307-170-7(1); 307-170-4; R307-170-5(1)(b); R307-170-5(7); R307-170-7(6); R307-170-7(6)(a) and (b); and in R307-170-9 sections (5)(a) and (d), (6)(b), ( 7 )( a )( i ), (7)(b), and (9)(a); effective January 5, 2006.
(65) On March 22, 2007 the Governor of Utah submitted the addition to the Utah Administrative Code (UAC) of Rule R307-110-36. This rule incorporates by reference Section XXIII, Interstate Transport, of the Utah State Implementation Plan (SIP). The Interstate Transport declaration satisfies the requirements of Section 110(a)(2)(D)(i) of the Clean Air Act (CAA). On September 17, 2007, the Governor of Utah also submitted an amendment to the UAC Rule R307-130-4, “Options,” that removes from the text a typographical error. It removes the word “not” which had been accidentally placed in this rule.
(i) Incorporation by reference.
(A) Addition to the UAC of rule R307-110-36 that incorporates by reference Section XXIII, “Interstate Transport,” of the Utah SIP. Rule R307-110-36 was adopted by the UAQB on February 7, 2007, effective February 9, 2007, and it was submitted by the Governor to EPA on March 22, 2007.
(B) Revision to UAC Rule R307-130-4, “Options.” This revision removes from the text the word “not.” The amended text was adopted by the UAQB on June 21, 2007, effective July 13, 2007, and it was submitted by the Utah Governor to EPA on September 17, 2007.
(ii) Additional material.
(A) Replacement page for UAC Rule R307-110-36 attached to the March 22, 2007 submittal letter by the Utah Governor to EPA. The new page correctly refers to Section XXIII of the Utah SIP instead of the incorrect reference to Section XXII included in the corresponding page submitted with the Administrative Documentation for Rule R307-110-36.
(66) Revisions to the Utah State Implementation Plan, “Section XII, Transportation Conformity Consultation,” as submitted by the Governor on June 26, 2007; and revisions to UAC R307-110-20, “Section XII, Transportation Conformity Consultation,” as submitted by the Governor on June 26, 2007.
(i) Incorporation by Reference.
(A) UAC R307-110-20, “Section XII, Transportation Conformity Consultation,” as adopted by the Utah Air Quality Board on May 2, 2007, effective on May 2, 2007.
(67) Revisions to the Utah State Implementation Plan, Sections R307-101-2, “Definitions,” R307-115-1, “Determining Conformity,” R307-170-7, “Performance Specification Audits,” R307-310-2, “Definitions,” and R307-101-3, “Version of CFR Incorporated by Reference,” as submitted by the Governor on April 17, 2008.
(i) Incorporation by Reference.
(A) UAC R307-101-2, “Definitions,” as adopted by the Utah Air Quality Board on February 6, 2008, effective on February 8, 2008.
(B) UAC R307-115-1, “Determining Conformity,” as adopted by the Utah Air Quality Board on February 6, 2008, effective on February 8, 2008.
(C) UAC R307-170-7, “Performance Specification Audits,” as by the Utah Air Quality Board adopted on February 6, 2008, effective on February 8, 2008.
(D) UAC R307-310-2, “Definitions,” as adopted by the Utah Air Quality Board on February 6, 2008, effective on February 8, 2008.
(E) UAC R307-101-3, “Version of CFR Incorporated by Reference,” as adopted by the Utah Air Quality Board on February 6, 2008, effective on February 8, 2008.
(68) On September 7, 1999 and December 1, 2003 the State of Utah submitted revisions to its State Implementation Plan (SIP) to incorporate the requirements of the Consolidated Emission Reporting Rule (CERR). The revisions update the State's emission reporting rules so that they are consistent with the revisions EPA made to the CERR on June 10, 2002.
(i) Incorporation by reference.
(A). Title R307 of the Utah Administrative Code, Rule 307-221 EMISSION STANDARDS: EMISSION CONTROLS FOR EXISTING MUNICIPAL SOLID WASTE LANDFILLS, Rule 307-221-1, Purpose and Applicability. Effective January 7, 1999. Published in the Utah State Bulletin, Volume 98, Number 22, November 15, 1998.
(B). Title R307 of the Utah Administrative Code, Rule 307-150 EMISSION INVENTORIES, Rule 150-1, Purpose and General Requirements; Rule 150-2 Definitions; Rule 150-3 Applicability; Rule 307-150-5 Sources Identified in R307-150-3(2); Rule 307-150-6 Sources Identified in R307-150-3(3); Rule 307-150-7 Sources Identified in R307-150-3(4). Effective December 31, 2003. Published in the Utah State Bulletin, Volume 23, Number 23, December 1, 2003.
(ii) Additional Material.
(A) October 15, 2002 letter from Richard Long, EPA Region VIII to Rick Sprott, Director, Utah Division of Air Quality (UDAQ) notifying UDAQ of the June 10, 2002 publication of the Consolidated Emission Reporting Rule (40 CFR Part 51, Subpart A) and the need for the State to update its emission inventory reporting requirements.
(69) On September 15, 2006 and March 7, 2008 the State of Utah submitted revisions to its State Implementation Plan (SIP) that contained revised rules pertaining to the State's Prevention of Significant Deterioration (PSD) preconstruction permit program.
(i) Incorporation by reference.
(A) The Utah Administrative Code (UAC), R307-110-9, Section VIII, Prevention of Significant Deterioration, is amended effective June 16, 2006.
(B) The Utah Administrative Code (UAC), R307-405, Permits: Major Sources in Attainment or Unclassified Areas (PSD), (except R307-405-3(2)(a)(i), “Major Source Baseline Date”) is amended effective September 7, 2007.
(70) On February 22, 1999, the Governor submitted revisions to the Ozone Maintenance Provisions for Salt Lake and Davis Counties, Section IX, Part D.2 of the Utah State Implementation Plan (SIP). EPA is approving the revisions except for the following: the revisions to Section IX.D.2.h(2) of the SIP, “Determination of Contingency Action Level,” which EPA is disapproving; the revisions to the remainder of Section IX.D.2.h, which were superseded by revisions to the SIP that EPA approved at § 52.2320(c)(56); and the revisions to Sections IX.D.2.b, IX.D.2.d(1)(a), IX.D.2.e(1), IX.D.2.f(1)(a), IX.D.2.i, and IX.D.2.j, which were superseded by revisions to the SIP that EPA approved at § 52.2320(c)(56).
(i) [Reserved]
(ii) Additional material.
(A) Ozone Maintenance Provisions for Salt Lake and Davis Counties, Section IX, Part D.2 that was adopted by the Air Quality Board on June 3, 1998 and submitted by the Governor on February 22, 1999.
(71) On May 26, 2011 and September 29, 2011, the State of Utah submitted revisions to its State Implementation Plan to incorporate the requirements of the regional haze program.
(i) Incorporation by reference
(A) Title R307 of the Utah Administrative Code— Environmental Quality, Air Quality, Rule R307-150— Emission Inventories, sections -1, Purpose and General Requirements, -2, Definitions, -3, Applicability, -5, Sources Identified in R307-150(3)(2), Large Major Source Inventory Requirements, -6, Sources Identified in R307-150-3(3), -7, Sources Identified in R307-150-3(4), Other Part 70 Sources, and -8, Exempted Hazardous Air Pollutants. Effective December 31, 2003; as published in the Utah State Bulletin December 1, 2003 and January 15, 2004.
(B) Title R307 of the Utah Administrative Code— Environmental Quality, Air Quality, Rule R307-150— Emission Inventories, section -4, Sulfur Dioxide Milestone Emission Inventory Requirements. Effective September 4, 2008; as published in the Utah State Bulletin July 1, 2008 and October 1, 2008.
(C) Title R307 of the Utah Administrative Code— Environmental Quality, Air Quality, Rule R307-250— Western Backstop Sulfur Dioxide Trading Program, sections -1, Purpose, -3, WEB Trading Program Trigger, -10, Allowance Transfers, -11, Use of Allowances from a Previous Year, and -13, Special Penalty Provisions for the 2018 Milestone. Effective December 31, 2003; as published in the Utah State Bulletin December 1, 2003 and January 15, 2004.
(D) Title R307 of the Utah Administrative Code— Environmental Quality, Air Quality, Rule R307-250— Western Backstop Sulfur Dioxide Trading Program, sections -2, Definitions, -4, WEB Trading Program Applicability, -5, Account Representative for WEB Sources, - 6, Registration, -7, Allowance Allocations, -8, Establishment of Accounts, -9, Monitoring, Recordkeeping, and Reporting, and -12, Compliance. Effective November 10, 2008; as published in the Utah State Bulletin October 1, 2008 and December 1, 2008.
(ii) Additional materials
(A) Section XX of the Utah Regional Haze State Implementation Plan. Effective April 7, 2011. Published in the Utah State Bulletin February 1, 2011.
(72) On May 26, 2011 and September 29, 2011, the State of Utah submitted revisions to its State Implementation Plan to incorporate the smoke management requirements of the regional haze program.
(i) Incorporation by reference.
(A) Title R307 of the Utah Administrative Code— Environmental Quality, Air Quality, Rule R307-204— Emission Standards: Smoke Management, sections -1, Purpose and Goals, and -2, Applicability. Effective December 31, 2003; as published in the Utah State Bulletin October 1, 2003 and January 15, 2004.
(B) Title R307 of the Utah Administrative Code— Environmental Quality, Air Quality, Rule R307-204— Emission Standards: Smoke Management, section -4, General Requirements. Effective April 7, 2006; as published in the Utah State Bulletin March 1, 2006 and May 1, 2006.
(C) Title R307 of the Utah Administrative Code, Rule R307-204— Environmental Quality, Air Quality, Rule R307-204— Emission Standards: Smoke Management, sections -3, Definitions, -5, Burn Schedule, -6, Small Prescribed Fires (de minimis), -7, Small Prescribed Pile Fires (de minimis), -8, Large Prescribed Fires, -9, Large Prescribed Pile Fires , and -10, Requirements for Wildland Fire Use Events. Effective July 7, 2011; as published in the Utah State Bulletin May 1, 2011 and August 1, 2011.
(ii) Additional materials.
(A) Section XX.G of the Utah Regional Haze State Implementation Pan. Effective April 7, 2011. Published in the Utah State Bulletin February 1, 2011.
(73) On March 22, 2007, the Governor submitted revisions to Section IX, Part D of the Utah State Implementation Plan (SIP) in the form of a maintenance plan for the 1997 8-hour ozone national ambient air quality standard (NAAQS) for Salt Lake County and Davis County. On March 22, 2007, the Governor also submitted revisions to associated rules: UAC R307-101-2, R307-110-13, R307-320, R307-325, R307-326, R307-327, R307-328, R307-335, R307-340, R307-341, and R307-342. EPA is approving the maintenance plan, except for the following aspects, which EPA is disapproving: those contingency measures listed in section 6.d of the State's maintenance plan that are voluntary in nature, which consist of: “Alert Day Enhancements,” “Heavy Equipment Emission Control Program,” “Reduce Emissions of VOCs” (to the extent the State would adopt and implement the measure as a voluntary commitment rather than a regulatory measure), “Identification of High-Polluting Vehicles,” and “Other VOC or NO X emissions control measures as appropriate” (to the extent such measures would be voluntary); the contingency measure listed in section 6.d of the State's maintenance plan as “Establish an Offset Ratio for NO X ;” the State's proposal in section 5.a.(3)(b)of the maintenance plan to remove from the SIP the VOC RACT approval orders for Hill Air Force Base; the State's proposal in section 5.b.(1) of the maintenance plan to remove from the SIP the NO X RACT limits for the PacifiCorp Gadsby Power Plant; and section 5.g of the maintenance plan, which indicates that the employer-based trip reduction program is included as part of the plan. EPA is approving the revisions to UAC R307-110-13, which incorporates the maintenance plan into Utah's rules, but only to the extent we are approving the 1997 8-hour ozone maintenance plan. EPA is disapproving UAC R307-320, the employer-based trip reduction program. EPA is approving the revisions to UAC R307-325, R307-326, R307-327, R307-328, R307-335, R307-340, R307-341, and R307-342, subject to our interpretation of these rules expressed in the preamble to our rulemaking action. EPA is not acting on the revisions to UAC R307-101-2 because the revisions have been superseded by later revisions to the rule, which EPA approved at § 52.2320(c)(67).
(i) Incorporation by reference.
(A) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, Rule R307-325, Ozone Nonattainment and Maintenance Areas: General Requirements; Rule R307-326, Ozone Nonattainment and Maintenance Areas: Control of Hydrocarbon Emissions in Petroleum Refineries; Rule R307-327, Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage; and Rule R307-340, Ozone Nonattainment and Maintenance Areas: Surface Coating Processes. Effective March 9, 2007, as published in the Utah State Bulletin on October 1, 2006 and February 1, 2007 in proposed form, and April 1, 2007 as finally adopted.
(B) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, Rule R307-328, Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: Gasoline Transfer and Storage; Rule R307-335, Ozone Nonattainment and Maintenance Areas: Degreasing and Solvent Cleaning Operations; Rule R307-341, Ozone Nonattainment and Maintenance Areas: Cutback Asphalt; and, UAC R307-342, Ozone Nonattainment and Maintenance Areas: Qualification of Contractors and Test Procedures for Vapor Recovery Systems for Gasoline Delivery Tanks. Effective January 16, 2007 as published in the Utah State Bulletin on October 1, 2006 in proposed form and February 1, 2007 as finally adopted.
(ii) Additional materials.
(A) Utah State Implementation Plan, Section IX, Part D, 8-Hour Ozone Maintenance Provisions for Salt Lake and Davis Counties , with the following exceptions: Subsection 5.a.( 3 )(b), paragraphs 2, 3, and 4, beginning with “The State of Utah . . .” and ending with “. . . (Stratospheric Ozone).” on pages 17 and 18; subsection 5.b.(1), beginning in paragraph 1 at “On April 3, 2002 . . .” and ending with “the ozone maintenance plan.” at the end of paragraph 2 on page 18; subsection 5.g., Control Measure Carried Forward from the 1-hour Ozone Plan, on page 20; subsection 6.d., first bullet, Alert Day Enhancements, on page 22; subsection 6.d., third bullet, Heavy Equipment Emission Control Program, on page 22; subsection 6.d., fourth bullet, phrase “Request voluntary commitments or” on page 23; subsection 6.d., fifth bullet, Identification of High-Polluting Vehicles, on page 23; and, subsection 6.d., sixth bullet, Establish an Offset Ratio for NO X , on page 23. Adopted by the Air Quality Board on January 3, 2007.
(74) On August 16, 2012 the State of Utah submitted as a SIP revision a revised version of its breakdown rule, Utah Administrative Code (UAC) R307-107, which replaces the prior version of UAC R307-107.
(i) Incorporation by reference.
(A) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, Rule R307-107, General Requirements: Breakdowns. Effective July 31, 2012; as published in the Utah State Bulletin on March 1, 2012, modified on July 1, 2012, and August 15, 2012. Note: The August 15, 2012 publication contains a typographical error in the title of Rule R307-107.
(75) On September 15, 2006, the Governor submitted revisions to the Utah State Implementation Plan (SIP) permitting rules. The September 15, 2006 submittal contains new, amended and renumbered rules in Utah Administrative Code (UAC) Title R-307 that pertain to the issuance of Utah air quality permits. EPA is approving the following rules or parts of rules from the September 15, 2006 submittal: R307-401-1 through 6; R307-401-8; R307-401-9 (except for paragraph (b) and the portions of paragraph (c) that reference paragraph (b)); R307-401-10 through 11; R307-401-13; R307-401-17 through 20; and R307-410-1 through 4. EPA is disapproving the following rules or parts of rules from the September 15, 2006 submittal: R307-401-7; R307-401-9(b) and the portions of 9(c) that reference (9)(b); R307-401-12; and R307-410-5. EPA is limitedly approving and limitedly disapproving R307-410-6 from the September 15, 2006 submittal—this means EPA is approving this rule because it will strengthen the SIP but is simultaneously disapproving it because it does not fully comply with applicable requirements. EPA is not acting on the revisions to UAC R307-101-2 because the revisions have been superseded by later revisions to the rule, which EPA approved at § 52.2320(c)(67) (see 73 FR 51222). EPA is not acting on R307-401-14 through 16 because EPA previously acted on such provisions (notice of final rulemaking signed October 19, 2012).
(i) Incorporation by reference.
(A) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, Rule R307-401, Permits: New and Modified Sources, Rule R307-401-1, Purpose; Rule R307-401-2, Definitions; Rule R307-401-3, Applicability; Rule R307-401-4, General Requirements; Rule R307-401-5, Notice of Intent; Rule R307-401-6, Review Period; Rule R307-401-8, Approval Order; R307-401-9, Small Source Exemption except for R307-401-9(1)(b) and the phrase “or (b)” in R307-401-9(1)(c); Rule R307-401-10, Source Category Exemptions; Rule R307-401-11, Replacement-in-Kind Equipment; Rule R307-401-13, Plantwide Applicability Limits; Rule R307-401-17, Temporary Relocation; Rule R307-401-18, Eighteen Month Review; Rule R307-401-19, Analysis of Alternatives; and Rule R307-401-20, Relaxation of Limitations. Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, Rule R307-410, Permits: Emissions Impact Analysis, Rule R307-410-1, Purpose; Rule R307-410-2, Definitions; Rule R307-410-3, Use of Dispersion Models; R307-410-4, Modeling of Criteria Pollutant Impacts in Attainment Areas; and R307-410-6, Stack Heights and Dispersion Techniques. Effective June 16, 2006, as published in the Utah State Bulletin on December 1, 2005, modified on April 1, 2006, and July 15, 2006. Note: The July 15, 2006 publication contains a typographical error in the title for Rule R307-410.
(76) On April 14, 2011 the State of Utah submitted revisions to its State Implementation Plan (SIP) that contained revised rules, submitted in their entirety, pertaining to regulation of Greenhouse Gases (GHGs) under the State's Prevention of Significant Deterioration (PSD) program.
(i) Incorporation by reference.
(A) Title R307 of the Utah Administrative Code (UAC), Environmental Quality, Air Quality, R307-401, Permit: New and Modified Sources, R307-401-9, Small Source Exemption, (5); and R307-405, Permits: Major Sources in Attainment or Unclassified Areas (PSD), R307-405-3, Definitions, except (2)(a), (b), (f), (5), and (6); effective January 1, 2011, as published in the Utah State Bulletin on September 15, 2010 and December 15, 2010.
(77) On February 6, 1996, Utah submitted as a revision to its State Implementation Plan (SIP) a “Diesel Inspection and Maintenance Program,” Section XXI of the Utah SIP. EPA is disapproving the Utah Diesel Inspection and Maintenance Program as submitted on February 6, 1996. On September 20, 1999 the State of Utah submitted revisions to its SIP that revised the numbering and format of the Utah Administrative Code rules within Utah's SIP. From the September 20, 1999 submittal, EPA is approving R307-110-16, “Section IX, Control Measures for Area and Point Sources, Part G, Fluoride,” and disapproving R307-110-29, “Section XXI, Diesel Inspection and Maintenance Program,” which incorporated Utah's Diesel Inspection and Maintenance Program by reference into Utah's rules. EPA has previously acted on other provisions from the September 20, 1999 submittal.
(i) Incorporation by reference.
(A) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-110, General Requirements: State Implementation Plan, R307-110-16, Section IX, Control Measures for Area and Point Sources, Part G, Fluoride; effective September 15, 1998; as published in the Utah State Bulletin on June 1, 1998 and October 1, 1998.
(78) On April 17, 2008 the State of Utah submitted revisions to the Utah Administrative Code (UAC) R307-401-14, Used Oil Fuel Burned for Energy Recovery. On September 15, 2006 the State of Utah submitted revisions to the UAC R307-401-15, Air Strippers and Soil Venting Projects, and R307-401-16, De minimis Emissions From Soil Aeration Projects.
(i) Incorporation by Reference
(A) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, Rule R307-401-14, Used Oil Fuel Burned for Energy Recovery. Effective February 8, 2008; as published in the Utah State Bulletin on December 1, 2007 and March 1, 2008.
(B) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-401-15, Air Strippers and Soil Venting Projects, and R307-401-16, De minimis Emissions From Soil Aeration Projects. Effective June 16, 2006; as published in the Utah State Bulletin on December 1, 2005 and July 15, 2006.
(79) Revisions to the Utah State Implementation Plan involving Utah Rule R307-311; Utah County: Trading of Emission Budgets for Transportation Conformity. The Utah Air Quality Board adopted this SIP revision on March 4, 2015, it became state effective on March 5, 2015, and was submitted by the Governor to EPA by a letter dated March 9, 2015.
(i) Incorporation by reference.
(A) Utah Rules R307, Environmental Quality, Air Quality, R307-311, Utah County: Trading of Emission Budgets for Transportation Conformity. Effective March 5, 2015, as proposed in the Utah State Bulletin on January 1, 2015 and published on April 1, 2015 as effective.
(80) Revisions to the Utah State Implementation Plan involving Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability, and Utah Rules R307-110-1 and R307-110-31. The Utah Air Quality Board (UAQB) adopted these SIP revisions on December 5, 2012, they became state effective on December 6, 2012, and were submitted by the Governor to EPA by a letter dated January 10, 2013. In addition, revisions to the Utah State Implementation Plan involving; Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County and Utah Rule R307-110-36 were submitted for Agency action. These SIP revisions were adopted by the UAQB November 6, 2013, they became State effective on November 7, 2013, and were submitted by the Governor to EPA by a letter dated January 28, 2014.
(i) Incorporation by reference.
(A)( 1 ) Utah Rules R307, Environmental Quality, Air Quality, R307-110, General Requirements: State Implementation Plan, R307-110-1, Incorporation by Reference, and R307-110-31, Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability; effective December 6, 2012, as proposed in the Utah State Bulletin on October 1, 2012, and published as adopted in the Utah State Bulletin on January 1, 2013.
( 2 ) Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability, adopted by the Utah Air Quality Board on December 5, 2012.
(B)( 1 ) Utah Rule R307, Environmental Quality, Air Quality, R307-110, General Requirements: State Implementation Plan, R307-110-36, Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County; effective November 7, 2013, as proposed in the Utah State Bulletin on September 1, 2013, and published as adopted in the Utah State Bulletin on December 1, 2013.
( 2 ) Section X, Vehicle Inspection and Maintenance Program Part F, Cache County, adopted by the Utah Air Quality Board on November 6, 2013.
(81) On February 25, 2013, August 5, 2013, and March 5, 2014, the Governor submitted revisions to the Utah State Implementation Plan (SIP) rules. The February 25, 2013 submittal renumbers Interstate Transport to R307-110-37. The August 5, 2013 SIP revisions give the Director of the Division of Air Quality the authority to make regulatory decisions that were previously made by either the Air Quality Board or the Executive Secretary of the Air Quality Board. The March 5, 2014 submittal establishes a 30-day public comment period for the public notice and comment period for all actions for new or modified sources. EPA is approving these revisions.
(i) Incorporation by reference.
(A) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality , R307-110, General Requirements: State Implementation Plan , R307-110-37, Section XXIII, Interstate Transport ; effective December 6, 2012, as proposed in the Utah State Bulletin on October 1, 2012, and published as effective in the Utah State Bulletin on January 1, 2013.
(B) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality , R307-401, Permit: New and Modified Sources , R307-401-7, Public Notice ; effective October 3, 2013, as proposed in the Utah State Bulletin on August 1, 2013, and published as effective in the Utah State Bulletin on November 1, 2013.
(C) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality , R307-101, General Requirements ; effective November 8, 2012, as proposed in the Utah State Bulletin on September 1, 2012, and published as effective in the Utah State Bulletin on December 1, 2012.
(D) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality , R307-102, General Requirements: Broadly Applicable Requirements ; effective November 8, 2012, as proposed in the Utah State Bulletin on September 1, 2012, and published as effective in the Utah State Bulletin on December 1, 2012.
(E) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality , R307-307, Davis, Salt Lake, and Utah Counties: Road Salting and Sanding ; effective November 8, 2012, as proposed in the Utah State Bulletin on September 1, 2012, and published as effective in the Utah State Bulletin on December 1, 2012.
(82) On January 28, 2010, September 16, 2010, June 18, 2013, November 4, 2013 and August 29, 2014, the Governor submitted revisions to the Utah State Implementation Plan (SIP). We are approving the January 28, 2010 revisions to R307-405-2, with the exception of the proposed change to the incorporation by reference date, and approving all of the revisions to R307-102. We are approving the June 18, 2013 SIP revisions, with the exception of the non-substantive change to re-number R307-410-5(1)[(d)] to R307-410-5(1)(c)(i)(C). The August 29, 2014 submittal's newly amended rule supersedes and replaces all previous versions of submittals of R307-101-3, General Requirements, Version of Code of Federal Regulations Incorporated by Reference. EPA is approving the August 29, 2014 revisions. Previous submittals of R307-101-3 were received on January 28, 2010, September 16, 2010, April 26, 2012 and November 4, 2013. No further EPA action is required on these earlier submittals.
(i) Incorporation by reference.
(A) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality , R307-101, General Requirements , R307-101-2, Definitions ; effective December 2, 2009 as proposed in the Utah State Bulletin on October 1, 2009, and published as effective in the Utah State Bulletin on January 1, 2010.
(B) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality , R307-101, General Requirements , R307-101-3, Version of Code of Federal Regulations Incorporated by Reference ; effective August 7, 2014, as proposed in the Utah State Bulletin on June 1, 2014, and published as effective in the Utah State Bulletin on September 1, 2014.
(C) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality , R307-401, Permit: New and Modified Sources , R307-401-15, Air Strippers and Soil Venting Projects ; effective February 7, 2013, as proposed in the Utah State Bulletin on December 1, 2012, and published as effective in the Utah State Bulletin on March 1, 2013.
(D) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality , R307-405, Permits: Major Sources in Attainment or Unclassified Areas (PSD) , R307-405-2, Applicability ; effective February 5, 2009, as proposed in the Utah State Bulletin on November 1, 2008, and published as effective in the Utah State Bulletin on March 1, 2009.
(83) On February 2, 2012, May 9, 2013, June 8, 2013, February 18, 2014, April 17, 2014, May 20, 2014, July 10, 2014, August 6, 2014, and December 9, 2014, the Governor submitted revisions to the Utah State Implementation Plan (SIP) rules. The EPA is approving the repeal of R307-340 and R307-342. The EPA is approving the submitted revisions and associated nonsubstantive changes to the following rules: R307-307, R307-351-2, R307-351-4, and R307-355-5. The EPA is conditionally approving the submitted revisions to the following rules: R307-101 (including nonsubstantive changes to R307-101-2), R307-312-5(2)(a), and R307-328-4(6). The EPA is approving the submitted revisions to the following rules: R307-303, R307-307, R307-312 (except R307-312-5(2)(a) which is conditionally approved), R307-328 (except R307-328-4(6) which is conditionally approved), R307-335, R307-342, R307-343, R307-344, R307-345, R307-346, R307-347, R307-348, R307-349, R307-350, R307-351 (except R307-351-2 which is approved with nonsubstantive changes), R307-352, R307-353, R307-354, R307-355 (except R307-355-5 which is approved with nonsubstantive changes), R307-356, R307-357, R307-357-4, and R307-361.
(i) Incorporation by reference.
(A) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-101, General Requirements, R307-101-2, Definitions; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012, and published as effective in the Utah State Bulletin on February 15, 2013.
(B) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-303, Commercial Cooking; effective April 10, 2013, as proposed in the Utah State Bulletin on August 1, 2012, December 1, 2012 and March 1, 2013 and published as effective in the Utah State Bulletin on May 1, 2013.
(C) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-328, Gasoline Transfer and Storage; effective June 7, 2011, as proposed in the Utah State Bulletin on February 1, 2011 and May 1, 2011, and published as effective in the Utah State Bulletin on June 15, 2011.
(D) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-335, Degreasing and Solvent Cleaning Operations; effective January 1, 2013, as proposed in the Utah State Bulletin on August 1, 2012 and December 1, 2012, and published as effective in the Utah State Bulletin on January 15, 2013.
(E)( 1 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-342, Adhesives and Sealants; effective August 1, 2013, as proposed in the Utah State Bulletin on March 1, 2013 and July 1, 2013, and published as effective in the Utah State Bulletin on August 15, 2013.
( 2 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-357, Consumer Products (except R307-357-4, Standards ); effective August 1, 2013, as proposed in the Utah State Bulletin on March 1, 2013 and July 1, 2013, and published as effective in the Utah State Bulletin on August 15, 2013.
(F)( 1 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-343, Emissions Standards for Wood Furniture Manufacturing Operations; effective May 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012, January 1, 2013 and April 1, 2013, and published as effective in the Utah State Bulletin on May 15, 2013.
( 2 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-353, Plastic Parts Coatings; effective May 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012, January 1, 2013 and April 1, 2013, and published as effective in the Utah State Bulletin on May 15, 2013.
(G)( 1 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-312, Aggregate Processing Operations for PM 2.5 Nonattainment Areas; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
( 2 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-344, Paper, Film and Foil Coatings; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
( 3 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-345, Fabric and Vinyl Coatings; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
( 4 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-346, Metal Furniture Surface Coatings; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
( 5 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-347, Large Appliance Surface Coatings; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
( 6 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-348, Magnet Wire Coatings; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
( 7 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-349, Flat Wood Panel Coatings; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
( 8 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-352, Metal Container, Closure and Coil Coatings; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
( 9 ) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-354, Automotive Refinishing Coatings; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
(H) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-350, Miscellaneous Metal Parts and Products Coatings; effective December 3, 2013, as proposed in the Utah State Bulletin on August 1, 2013 and November 1, 2013, and published as effective in the Utah State Bulletin on January 1, 2014.
(I) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-356, Appliance Pilot Light; effective January 1, 2013, as proposed in the Utah State Bulletin on August 15, 2012, and December 1, 2012, and published as effective in the Utah State Bulletin on January 15, 2013.
(J) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-357, Consumer Products, R307-357-4, Consumer Products, Standards; effective May 8, 2014, as proposed in the Utah State Bulletin on April 1, 2014, and published as effective in the Utah State Bulletin on June 1, 2014.
(K) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-361, Architectural Coatings; effective October 31, 2013, as proposed in the Utah State Bulletin on July 1, 2013 and October 1, 2013, and published as effective in the Utah State Bulletin on November 15, 2013.
(L) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-307, Road Salting and Sanding; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
(M) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-351, Graphic Arts; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
(N) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-355, Control of Emissions from Aerospace Manufacture and Rework Facilities; effective February 1, 2013, as proposed in the Utah State Bulletin on October 1, 2012 and January 1, 2013, and published as effective in the Utah State Bulletin on February 15, 2013.
§§ 52.2325-52.2330   [Reserved]
§ 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.
§ 52.2332   Control strategy: Ozone.
(a) 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.
(b) Determination. Effective November 7, 2022, EPA is determining that the Southern Wasatch Front, Utah Marginal nonattainment area attained the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS) by the applicable attainment date of August 3, 2021, based upon complete quality-assured and certified data for the calendar years 2018-2020.
§ 52.2333   Legal authority.
(a) The requirements of § 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.
§§ 52.2334-52.2345   [Reserved]
§ 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.
(b) Regulation for prevention of significant deterioration of air quality. The provisions of § 52.21 except paragraph (a)(1) are hereby incorporated 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.
(d) On March 14, 2012 the State of Utah submitted revisions to the State Implementation Plan that incorporated the required elements of the 2008 PM 2.5 NSR Implementation Rule and the 2010 PM 2.5 Increment Rule. The following provisions are approved into the State Implementation Plan.
(1) Major source baseline date means:
(i) In the case of PM 10 and sulfur dioxide, January 6, 1975;
(ii) In the case of nitrogen dioxide, February 8, 1988; and
(iii) In the case of PM 2.5 , October 20, 2010.
(2) Minor source baseline date means the earliest date after the trigger date on which a major stationary source or a major modification subject to 40 CFR 52.21 or to regulations approved pursuant to 40 CFR 51.166 submits a complete application under the relevant regulations. The trigger date is:
(i) In the case of PM 10 and sulfur dioxide, August 7, 1977;
(ii) In the case of nitrogen dioxide, February 8, 1988; and
(iii) In the case of PM 2.5 , October 20, 2011.
(3) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:
(i) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; and
(ii) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant.
(4) Baseline area means any intrastate area (and every part thereof) designated as attainment or unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows: equal to or greater than 1 µg/m 3 (annual average) for SO 2 , NO 2 , or PM 10 ; or equal or greater than 0.3 µg/m 3 (annual average) for PM 2.5 .
(5) Area redesignations under section 107(d)(1)(A)(ii) or (iii) of the Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:
(i) Establishes a minor source baseline date; or
(ii) Is subject to 40 CFR 52.21 or [Utah Administrative Code (UAC)] R307-405 and would be constructed in the same state as the state proposing the redesignation.
(6) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
(i) Carbon monoxide: 100 tons per year (tpy).
(ii) Nitrogen oxides: 40 tpy.
(iii) Sulfur dioxide: 40 tpy.
(iv) Particulate matter: 25 tpy of particulate matter emissions.
(v) PM 10 : 15 tpy.
(vi) PM 2.5 : 10 tpy of direct PM 2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM 2.5 precursor under 40 CFR 52.21(b)(50).
(vii) Ozone: 40 tpy of volatile organic compounds or nitrogen oxides.
(viii) Lead: 0.6 tpy.
(ix) Fluorides: 3 tpy.
(x) Sulfuric acid mist: 7 tpy.
(xi) Hydrogen sulfide (H 2 S): 10 tpy.
(xii) Total reduced sulfur (including H 2 S): 10 tpy.
(xiii) Reduced sulfur compounds (including H 2 S): 10 tpy.
(xiv) Municipal waste combustor organics (measured as total tetra-through octa-chlorinated diebenzo-p-dioxins and dibenzofurans): 3.2 × 10 M6 megagrams per year (3.5 × 10 M6 tons per year).
(xv) Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons per year).
(xvi) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year).
(xvii) Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year).
(7) Regulated NSR pollutant, for purposes of this section means the following:
(i) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under 40 CFR 52.21(b)(50)(i) as a constituent or precursor for such pollutant. Precursors identified by the EPA Administrator for purposes of NSR are the following:
(A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.
(B) Sulfur dioxide is a precursor to PM 2.5 in all attainment and unclassifiable areas.
(C) Nitrogen oxides are presumed to be precursors to PM 2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM 2.5 concentrations.
(D) Volatile organic compounds are presumed not to be precursors to PM 2.5 in any attainment or unclassifiable area, unless the State demonstrates to the EPA Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM 2.5 concentrations.
(ii) Any pollutant that is subject to any standard promulgated under section 111 of the Act;
(iii) Any Class I or II substance subject to a standard promulgated under or established by title VI of the Act;
(iv) Any pollutant that otherwise is subject to regulation under the Act.
(v) Notwithstanding 40 CFR 52.21(b)(50)(i) through (iv), the term regulated NSR pollutant shall not include any or all hazardous air pollutant either listed in section 112 of the Act, or added to the list pursuant to section 112(b)(2) of the Act, and which have not been delisted pursuant to section 122(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act.
(vi) Participate matter (PM) emissions, PM 2.5 emissions and PM 10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM 2.5 and PM 10 in PSD permits. Compliance with emissions limitations for PM, PM 2.5 and PM 10 issued prior to this date shall not be based on condensable particular matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particular matter to be included.
(8) Ambient air increments. (i) In areas designated as Class I, II, or III, increases in pollutant concentration over the baseline concentration shall be limited to the following:
(ii) For any period other than an annual period the applicable maximum allowable increase may be exceeded during one such period per year at any one location.
§ 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.
§ 52.2348   National Highway Systems Designation Act Motor Vehicle Inspection and Maintenance (I/M) Programs.
(a) 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.
(b) On May 20, 1999, the State of Utah submitted an evaluation of the Utah County inspection and maintenance program. On December 7, 2001, the Governor of Utah submitted Rule R307-110-34 and Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County. These submittals satisfy the interim approval requirements specified under section 348 of the National Highway Systems Designation Act of 1995 (62 FR 31351, 63 FR 414). Under the authority of section 110 of the Clean Air Act, EPA is removing the interim status of Utah County's improved inspection and maintenance program and granting Utah County full final approval of their improved inspection and maintenance program.
§ 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 stationary point, area, non-road, and on-road mobile sources.
(c) On June 14, 1999, the Governor of Utah submitted the 1996 Carbon Monoxide Periodic Emission Inventory for Utah County as a revision to the Utah State Implementation Plan. The inventory addresses carbon monoxide emissions from stationary point, area, non-road mobile, and on-road mobile sources.
§ 52.2351   Area-wide nitrogen oxides (NOX) 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 X Reasonably Available Control Technology (RACT) exemption request for major stationary sources of NO X 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 X RACT exemption request on July 2, 1997.
§ 52.2352   Change to approved plan.
(a) Utah Air Conservation Regulation R307-18-1, New Source Performance Standards, is removed from the approved plan. On June 10, 2002, we issued a letter delegating responsibility for all sources located, or to be located, in the State of Utah subject to the NSPS in 40 CFR part 60. See the table in 40 CFR 60.4 for the status of NSPS delegated to the state of Utah.
(b) Utah Administrative Code (UAC) rule R307-1-8, Asbestos Work Practices, Contractor Certification, AHERA Accreditation and AHERA Implementation, is removed from Utah's approved State Implementation Plan (SIP). This rule language pertains to the regulation of asbestos and is generally not related to attainment of the National Ambient Air Quality Standards (NAAQS) and therefore it is not appropriate to be in Utah's SIP.
(c) Utah Administrative Code (UAC) rule R307-1-4.12, National Emission Standards for Hazardous Air Pollutants (NESHAPs), is removed from Utah's approved State Implementation Plan (SIP). Utah has delegation of authority for NESHAPs in 40 CFR part 61 (49 FR 36368), pursuant to 110(k)(6) of the Act.
(d) Utah Administrative Code (UAC) rule R307-1-6, Eligibility of Pollution Control Expenditures for Sales Tax Exemption, is removed from Utah's approved State Implementation Plan (SIP). This rule language pertains to State Sales Tax Exemptions for Pollution Control Expenditures and is not generally related to attainment of the National Ambient Air Quality Standards (NAAQS) and is therefore not appropriate to be in Utah's SIP.
(e) Utah Administrative Code (UAC) rule R307-102-3, Administrative Procedures and Hearings, and R307-414-3, Request for Review, are removed from Utah's approved State Implementation Plan (SIP). These provisions are not required by the CAA and are, therefore, not required to be in Utah's SIP. These provisions were last approved in 40 CFR 52.2320(c)(59)(i)(A).
(f) Utah Administrative Code (UAC) rule R307-1-4.06, Continuous Emission Monitoring Systems Program (CEMSP), is removed from Utah's approved State Implementation Plan (SIP). This rule has been superseded and replaced by rule R307-170, Continuous Emission Monitoring Program.
§ 52.2353   Control strategy: Carbon monoxide.
Determination. EPA has determined that the Provo carbon monoxide “moderate” nonattainment area attained the carbon monoxide national ambient air quality standard by December 31, 1995. This determination is based on air quality monitoring data from 1994 and 1995.
§ 52.2354   Interstate transport.
(a) CAA Section 110(a)(2)(D)(i) requirements for the 1997 8-hour ozone and PM 2.5 standards. Section XXIII, Interstate Transport, of the Utah SIP submitted by the Utah Governor on March 22, 2007, satisfies the requirements of the Clean Air Act Section 110(a)(2)(D)(i) for the 8-hour ozone and PM 2.5 NAAQS promulgated by EPA in July 1997. Section XXIII, Interstate Transport, was adopted by the UAQB on February 9, 2007. The March 22, 2007 Governor's letter included as an attachment a set of replacement pages for the Interstate Transport text. The new pages reflect correctly that the Interstate Transport declaration is under Section XXIII of the Utah SIP and not under Section XXII as incorrectly indicated in the pages submitted with the Administrative Documentation for the adoption of this SIP section.
(b) Addition to the Utah State Implementation Plan regarding the 2008 Pb Standard for CAA section 110(a)(2)(D)(i) prongs 1, 2 and 4, submitted to EPA on January 19, 2012, and addition to the Utah SIP regarding the 2010 SO 2 Standard for CAA section 110(a)(2)(D)(i) prong 4, submitted to EPA on June 2, 2013.
(c) Addition to the Utah State Implementation Plan regarding the 2008 ozone Standard for CAA section 110(a)(2)(D)(i)(I) prong 1 submitted to EPA on January 31, 2013 and supplemented on December 22, 2015.
(d) Addition to the Utah State Implementation Plan regarding the 2010 NO 2 , 2010 SO 2 , and 2012 PM 2.5 Standards for Clean Air Act section 110(a)(2)(D)(i)(I) prongs 1 and 2, submitted to EPA on January 31, 2013, June 2, 2013, December 22, 2015, and May 8, 2018.
§ 52.2355   Section 110(a)(2) infrastructure requirements.
(a) On December 3, 2007 Jon L. Huntsman, Jr., Governor, State of Utah, submitted a certification letter which provides the State of Utah's SIP provisions which meet the requirements of CAA Section 110(a)(1) and (2) relevant to the 1997 Ozone NAAQS. On December 21, 2009 M. Cheryl Heying, Director, Utah Division of Air Quality, Department of Environmental Quality for the State of Utah, submitted supporting documentation which provides the State of Utah's SIP provisions which meet the requirements of CAA Section 110(a)(1) and (2) relevant to the 1997 Ozone NAAQS.
(b) On December 3, 2007, Jon L. Huntsman, Jr. Governor, State of Utah, provided a submission to meet the infrastructure requirements for the State of Utah for the 1997 PM 2.5 NAAQS. On April 17, 2008, M. Cheryl Heying, Director, Utah Department of Environmental Quality, provided a second submission to meet the infrastructure requirements for the State of Utah for the 1997 PM 2.5 NAAQS. On September 21, 2010, M. Cheryl Heying, Director, Utah Department of Environmental Quality, provided a submission to meet the infrastructure requirements for the State of Utah for the 2006 PM 2.5 NAAQS. The State's Infrastructure SIP is approved with respect to the 1997 and 2006 PM 2.5 NAAQS with respect to CAA section 110(a)(1) and the following elements of section 110(a)(2): (A), (B), (C) with respect to PSD and minor NSR requirements, (D)(i)(II) with respect to PSD requirements, (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M).
(c) Gary R. Herbert, Governor, State of Utah, provided submissions to meet the infrastructure requirements for the State of Utah for the 1997 PM 2.5 NAAQS on December 3, 2007; 2006 PM 2.5 NAAQS on September 21, 2010; 2008 Pb NAAQS on January 19, 2012; 2008 ozone NAAQS on January 31, 2013; 2010 NO 2 NAAQS on January 31, 2013; 2010 SO 2 NAAQS on June 2, 2013; and 2012 PM 2.5 on December 4, 2015. The State's Infrastructure SIP is approved with respect to the 1997 and 2006 PM 2.5 NAAQS with respect to CAA Section 110(a)(1) and element (D)(ii) of Section 110(a)(2). The State's Infrastructure SIP is approved with respect to the 2008 ozone NAAQS with respect to CAA Section 110(a)(1) and the following elements of Section 110(a)(2): (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The State's Infrastructure SIP is approved with respect to the 2008 Pb, 2010 SO 2 , 2010 NO 2 , and 2012 PM 2.5 NAAQS with respect to CAA Section 110(a)(1) and the following elements of Section 110(a)(2): (A), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
(d) The Utah Department of Environmental Quality submitted certification of Utah's infrastructure SIP for the 2008 Pb NAAQS on January 19, 2012; 2010 NO 2 NAAQS on January 31, 2013; 2010 SO 2 NAAQS on June 2, 2013; and 2012 PM 2.5 on December 4, 2015. Utah's infrastructure certifications demonstrate how the State, where applicable, has plans in place that meet the requirements of section 110 for the 2008 Pb, 2010 NO 2 , 2010 SO 2 and 2012 PM 2.5 NAAQS. The State's Infrastructure SIP for 2008 Pb, 2010 NO 2 , 2010 SO 2 and 2012 PM 2.5 NAAQS is approved with respect to 110(a)(2)(B).
(e) Gary R. Herbert, Governor, State of Utah, provided submissions to meet the infrastructure requirements for the State of Utah for the 2015 ozone NAAQS on January 29, 2020. The State's Infrastructure SIP is approved with respect to the 2015 ozone NAAQS for the following CAA section 110(a)(2) infrastructure elements: (A), (B), (C), (D)(i)(II) Prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
§ 52.2356   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source and each unit located in the State of Utah and Indian country within the borders of the State and for which requirements are set forth under the CSAPR NO X Ozone Season Group 3 Trading Program in subpart GGGGG of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2023 and each subsequent year. The obligation to comply with such requirements with regard to sources and units in the State and areas of Indian country within the borders of the State subject to the State's SIP authority will be eliminated by the promulgation of an approval by the Administrator of a revision to Utah's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan (FIP) under § 52.38(b)(1) and (b)(2)(iii) for those sources and units, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in areas of Indian country within the borders of the State not subject to the State's SIP authority will not be eliminated by the promulgation of an approval by the Administrator of a revision to Utah's SIP.
(2) Notwithstanding the provisions of paragraph (a)(1) of this section, if, at the time of the approval of Utah's SIP revision described in paragraph (a)(1) of this section, the Administrator has already started recording any allocations of CSAPR NO X Ozone Season Group 3 allowances under subpart GGGGG of part 97 of this chapter to units in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for a control period in any year, the provisions of subpart GGGGG of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR NO X Ozone Season Group 3 allowances to such units for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.
(3) Notwithstanding any other provision of this part, the effectiveness of paragraph (a)(1) of this section is stayed with regard to emissions occurring in 2023 and thereafter.
(b)(1) The owner and operator of each source located in the State of Utah and Indian country within the borders of the State and for which requirements are set forth in § 52.40 and § 52.41, § 52.42, § 52.43, § 52.44, § 52.45, or § 52.46 must comply with such requirements with regard to emissions occurring in 2026 and each subsequent year.
(2) Notwithstanding any other provision of this part, the effectiveness of paragraph (b)(1) of this section is stayed.
§ 52.2370   Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State Implementation Plan for Vermont under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraph (c) and (d) of this section with an EPA approval date prior to February10, 2006, 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 February 10, 2006, 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 February 10, 2006.
(3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at 5 Post Office Square—Suite 100, Boston, MA 02109-3912; the EPA, Air and Radiation Docket and Information Center, Air Docket (Mail Code 6102T), Room B-108, 1301 Constitution Avenue, NW., Washington, DC 20460 and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.
EPA-Approved Vermont Regulations
(d) EPA-approved State Source specific requirements.
EPA-Approved Vermont Source Specific Requirements
(e) Nonregulatory.
Vermont Non-Regulatory
§ 52.2371   Classification of regions.
The Vermont plan was evaluated on the basis of the following classifications:
§ 52.2372   Approval status.
(a) With the exceptions set forth in this subpart, the Administrator approves Vermont's plan as identified in § 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.
(b) [Reserved]
§ 52.2373   [Reserved]
§ 52.2374   General requirements.
(a) [Resreved]
(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.
§ 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.
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.
§ 52.2376   Identification of plan-conditional approvals.
(a) Conditional approvals. (1) 1997 fine particulate (PM 2.5 ) National Ambient Air Quality Standards (NAAQS): The 110(a)(2) infrastructure SIP submitted on February 18, 2009, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO X and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.
(2) 1997 Ozone (NAAQS): The 110(a)(2) infrastructure SIP submitted on February 18, 2009, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO X and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.
(3) 2006 PM 2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on May 21, 2010, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO X and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.
(4) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on July 29, 2014, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO X and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.
(5) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO X and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.
(6) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO X and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.
(7) 2010 Sulfur Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO X and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.
(b) [Reserved]
§ 52.2377   Review of new sources and modifications.
Regulation 5-501(3) entitled “Default Permits” is disapproved.
§ 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 40 CFR part 51, Appendix P. This negative declaration was submitted to EPA in accordance with 40 CFR 51.19(e).
§ 52.2379   [Reserved]
§ 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.
§ 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 § 52.2370. To the extent that this table conflicts with §§ 52.2370, 52.2370 governs.
Table 52.2381—EPA-Approved Regulations
[Vermont SIP regulations 1972 to present]
§ 52.2382   Rules and regulations.
(a) Non-Part D—No Action. EPA is neither approving or disapproving the following elements of the revisions:
(1) Stack height requirements.
(2) [Reserved]
(b) Regulation for visibility monitoring and new source review. The provisions of §§ 52.26 and 52.27 are hereby incorporated and made a part of the applicable plan for the State of Vermont.
§ 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 § 52.27 are hereby incorporated and made part of the applicable plan for the State of Vermont.
§ 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 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.
§ 52.2385   Requirements for state implementation plan revisions relating to new motor vehicles.
Vermont must comply with the requirements of § 51.120.
§ 52.2386   Original identification of plan section.
(a) This section identifies the original “Air Implementation Plan for the State of Vermont” and all revisions submitted by Vermont that were federally approved prior to August 14, 2000.
(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.
(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.
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 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 10 standard.
(i) Incorporation by reference.
(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 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.
(26) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division on July 28, 1998.
(i) Additional materials.
(A) Letter from the Vermont Air Pollution Control Division dated July 28, 1998 stating a negative declaration for the aerospace coating operations Control Techniques Guideline category.
§ 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 40 CFR part 51 to meet national ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to July 1, 2016, 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. Entries in paragraphs (c) and (d) of this section with the EPA approval dates after July 1, 2016 for the Commonwealth of Virginia, have been approved by EPA for inclusion in the State implementation plan and for incorporation by reference into the plan as it is contained in this section, and will be considered by the Director of the Federal Register for approval in the next update to the SIP compilation.
(2) EPA Region III certifies that the materials provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated Commonwealth rules/regulations which have been approved as part of the state implementation plan as of the dates referenced in paragraph (b)(1).
(3) Copies of the materials incorporated by reference into the state implementation plan may be inspected at the Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. To obtain the material, please call the Regional Office at (215) 814-3376. You may also inspect the material with an EPA approval date prior to July 1, 2016 for the Commonwealth of Virginia at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA-Approved regulations.
EPA-Approved Virginia Regulations and Statutes
(d) EPA-Approved State Source Specific Requirements
EPA-Approved Source Specific Requirements
(e) EPA-approved non-regulatory and quasi-regulatory material.
(1) Non-regulatory material.
(2) Documents incorporated by reference in regulation 9VAC5-20-2 1.
§ 52.2421   Classification of regions.
The Virginia plan was evaluated on the basis of the following classifications:
§ 52.2422   [Reserved]
§ 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.
(b)-(e) [Reserved]
(f) Section 9VAC 5-40-20.A.4. 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) [Reserved]
(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)-(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. (currently Regulation 5-20-21 E.1. through E.5 and E.7) 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. (currently Regulation 5-20-21E.1 and E.2) 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 §§ 52.2420(c)(69) [SIP section 2.33(a)(5)(ii)] and subsequently revised, due to format changes, at §§ 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.
(r) EPA approves as part of the Virginia State Implementation Plan the revised references to the documents listed in Chapter 20, Section 9 VAC 5-20-21 (formerly Appendix M), Sections E.4.a.(1), E.4.a.(2), and E.7.a.(1) through E.7.a.(3), of the Virginia Regulations for the Control and Abatement of Air Pollution submitted by the Virginia Department of Environmental Quality on June 22, 1999.
(s) EPA approves as part of the Virginia State Implementation Plan the references to the documents listed in 9 VAC 5 Chapter 20, Section 5-20-21, paragraph E.12 of the Virginia Regulations for the Control and Abatement of Air Pollution submitted by the Virginia Department of Environmental Quality on February 23, 2004.
§ 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.
(c) EPA approves the following revised 2009 and 2015 motor vehicle emissions budgets (MVEBs) for the Fredericksburg 8-Hour Ozone Maintenance Area submitted by the Virginia Department of Environmental Quality (VADEQ) on September 26, 2011:
§ 52.2425   Base Year Emissions 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 X ).
(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 X ).
(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 X ).
(e) EPA approves as a revision to the Virginia State Implementation Plan the 2002 base year emissions inventories for the Washington, DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007. This submittal consists of the 2002 base year point, area, non-road mobile, and on-road mobile source inventories in area for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides (NO X ).
(f) EPA approves as a revision to the Virginia State Implementation Plan the 2002 base year emissions inventory for the Virginia portion of the Washington DC-MD-VA 1997 fine particulate matter (PM 2.5 ) nonattainment area submitted by the Virginia Department of Environmental Quality on April 4, 2008. The 2002 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NO X ), volatile organic compounds (VOCs), PM 2.5 , coarse particles (PM 10 ), ammonia (NH 3 ), and sulfur dioxide (SO 2 ).
(g) EPA approves as a revision to the Virginia State Implementation Plan the 2011 base year emissions inventory for the Virginia portion of the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted by the Virginia Department of Environmental Quality on July 17, 2014. The 2011 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are carbon monoxide (CO), nitrogen oxides (NO X ) and volatile organic compounds (VOC).
§ 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.
§ 52.2427   [Reserved]
§ 52.2428   Control Strategy: Carbon monoxide and ozone.
(a) 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.
(b) EPA approves the Commonwealth's 15 Percent Rate of Progress Plan for the Virginia portion of the Metropolitan Washington, D.C. ozone nonattainment area, submitted by the Acting Director of the Virginia Department of the Environmental Quality on April 14, 1998.
(c)-(d) [Reserved]
(e) Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Washington, DC severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Washington, DC severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees.
(f) EPA approves revisions to the Virginia State Implementation Plan consisting of the 2008 reasonable further progress (RFP) plan, reasonably available control measures, and contingency measures for the Washington, DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007.
(g) EPA approves the following 2008 RFP motor vehicle emissions budgets (MVEBs) for the Washington, DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007:
Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area
(h)EPA has determined, as of February 28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality data, the Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 8-hour ozone NAAQS.
(i) As of October 10, 2014, EPA approves the removal of the Stage II vapor recovery program from the maintenance plans for the Richmond 1990 1-Hour Ozone Maintenance Area and the Richmond-Petersburg 1997 8-Hour Ozone Maintenance Area.
(j) EPA approves revisions to the Virginia State Implementation Plan consisting of the attainment demonstration required under 40 CFR 51.908 demonstrating attainment of the 1997 ozone NAAQS by the applicable attainment date of June 15, 2010 and the failure to attain contingency measures for the Washington, DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007.
(k) EPA approves the following 2009 attainment demonstration and 2010 motor vehicle emissions budgets (MVEBs) for the Washington, DC-MDVA 1997 8-hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007:
Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area
(l) As of May 26, 2015, EPA approves the removal of the Stage II vapor recovery program from the attainment plans for the Virginia portion of the Washington DC-MD-VA 1990 1-hour and 1997 8-hour Ozone NAAQS Nonattainment Areas and from the maintenance plan for the Fredericksburg 1997 8-Hour Ozone Maintenance Area.
(m) EPA approves the maintenance plan for the Virginia portion of the Washington, DC-MD-VA nonattainment area for the 2008 8-hour ozone NAAQS submitted by the Director of the Virginia Department of Environmental Quality on January 3, 2018. The maintenance plan includes 2014, 2025, and 2030 motor vehicle emission budgets (MVEBs) for VOC and NO X to be applied to all future transportation conformity determinations and analyses for the entire Washington, DC-MD-VA area for the 2008 8-hour ozone NAAQS. The maintenance plan includes two sets of VOC and NO X MVEBs: The MVEBs without transportation buffers are effective as EPA has determined them adequate for transportation conformity purposes; the MVEBs with transportation buffers will be used only as needed in situations where the conformity analysis must be based on different data, models, or planning assumptions, including, but not limited to, updates to demographic, land use, or project-related assumptions, than were used to create the set of MVEBs without transportation buffers. The technical analyses used to demonstrate compliance with the MVEBs and the need, if any, to use transportation buffers will be fully documented in the conformity analysis and follow the Transportation Planning Board's (TPB) interagency consultation procedures.
Table 3 to Paragraph (m) —Motor Vehicle Emissions Budgets for the Washington, DC-MD-VA Area
Table 4 to Paragraph (m) —Motor Vehicle Emissions Budgets With Transportation Buffers for the Washington, DC-MD-VA Area
(n) EPA approves updates to the 2008 8-Hour Ozone national ambient air quality standard (NAAQS) maintenance plan for the Virginia portion of the Washington, DC-MD-VA 2008 8-Hour Ozone NAAQS Maintenance Area. The updates include revised motor vehicle emissions budgets (MVEBs) and updates to the applicable onroad and nonroad mobile emissions for VOC and NO X for the years 2025 and 2030. EPA also approves the allocation of a portion of the safety margins for VOC and NO X in the ozone maintenance plan to the 2025 and 2030 MVEBs. The revised MVEBs for VOC and NO X applies to all future transportation conformity determinations and analyses for the entire Washington, DC-MD-VA Maintenance Area for the 2008 8-Hour Ozone NAAQS.
Table 5 to Paragraph (n) —Revised Onroad Motor Vehicle Emissions Budgets Using MOVES 3.0.4
(o) EPA has determined, as of April 4, 2025, that based on 2021 to 2023 ambient air quality data, the Washington, DC-MD-VA moderate nonattainment area for the 2015 8-hour ozone national ambient air quality standards (2015 ozone NAAQS) has attained the 2015 ozone NAAQS. This determination, in accordance with 40 CFR 51.5138, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 2015 ozone NAAQS.
§ 52.2429   Control strategy: Particulate matter.
(a) Determination of Attainment. EPA has determined, as of January 12, 2009, the Virginia portion of the Metropolitan Washington, DC-MD-VA nonattainment area for the 1997 PM 2.5 NAAQS has attained the 1997 PM 2.5 NAAQS. This determination, in accordance with 40 CFR 52.1004(c), suspends the requirements for this area to submit an attainment demonstration and associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as the area continues to attain the 1997 PM 2.5 NAAQS.
(b) Maintenance Plan and Transportation Conformity Budgets. EPA approves the maintenance plan for the Virginia portion of the Washington, DC-MD-VA nonattainment area for the 1997 annual PM 2.5 NAAQS submitted by the Commonwealth of Virginia for the entire Area on June 6, 2013 and supplemented on July 17, 2013. The maintenance plan includes motor vehicle emission budgets (MVEBs) to be applied to all future transportation conformity determinations and analyses for the entire Washington, DC-MD-VA PM 2.5 Area for the 1997 PM 2.5 NAAQS. The MVEBs are based on a tiered approach: Tier 1 MVEBs are effective as EPA has determined them adequate for transportation conformity purposes; Tier 2 mobile budgets will become effective upon the completion of the interagency consultation process and fully documented within the first conformity analysis that uses the Tier 2 MVEBs.
Washington, DC-MD-VA PM 2.5 Area's Tier 1 Motor Vehicle Emissions Budgets for the 1997 Annual PM 2.5 NAAQS, (tpy)
Washington, DC-MD-VA PM 2.5 Area's Tier 2 Motor Vehicle Emissions Budgets for the 1997 Annual PM 2.5 NAAQS, (tpy)
§ 52.2430   Determinations of attainment.
(a) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Metropolitan Washington, District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle (PM 2.5 ) nonattainment area attained the 1997 annual PM 2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Metropolitan Washington, DC-MD-VA PM 2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).
(b) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 2010. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Washington, DC-MD-VA moderate nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).
(c) Based upon EPA's review of the air quality data for the 3-year period 2013 to 2015, the Washington, DC-MD-VA marginal ozone nonattainment area has attained the 2008 8-hour ozone national ambient air quality standard (NAAQS) by the applicable attainment date of July 20, 2016. Therefore, EPA has met the requirement pursuant to Clean Air Act section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Washington, DC-MD-VA marginal nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).
(d) Based upon EPA's review of the ambient air quality data for the 3-year period 2021 to 2023, the Washington, DC-MD-VA moderate nonattainment area for the 2015 8-hour ozone national ambient air quality standards (2015 ozone NAAQS) has attained the 2015 ozone NAAQS by the applicable attainment date of August 3, 2024. Therefore, EPA has met the requirement pursuant to Clean Air Act section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Washington, DC-MD-VA moderate nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).
§§ 52.2431-52.2439   [Reserved]
§ 52.2440   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source and each unit located in the State of Virginia and for which requirements are set forth under the CSAPR NO X Annual Trading Program in subpart AAAAA of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Virginia's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under § 52.38(a), except to the extent the Administrator's approval is partial or conditional.
(2) Notwithstanding the provisions of paragraph (a)(1) of this section, if, at the time of the approval of Virginia's SIP revision described in paragraph (a)(1) of this section, the Administrator has already started recording any allocations of CSAPR NO X Annual allowances under subpart AAAAA of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart AAAAA of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR NO X Annual allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.
(b)(1) The owner and operator of each source and each unit located in the State of Virginia and for which requirements are set forth under the CSAPR NO X Ozone Season Group 1 Trading Program in subpart BBBBB of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2015 and 2016.
(2) The owner and operator of each source and each unit located in the State of Virginia and for which requirements are set forth under the CSAPR NO X Ozone Season Group 2 Trading Program in subpart EEEEE of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2017 through 2020.
(3) The owner and operator of each source and each unit located in the State of Virginia and for which requirements are set forth under the CSAPR NO X Ozone Season Group 3 Trading Program in subpart GGGGG of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2021 and each subsequent year. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Virginia's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan (FIP) under § 52.38(b)(1) and (b)(2)(iii), except to the extent the Administrator's approval is partial or conditional.
(4) Notwithstanding the provisions of paragraph (b)(3) of this section, if, at the time of the approval of Virginia's SIP revision described in paragraph (b)(3) of this section, the Administrator has already started recording any allocations of CSAPR NO X Ozone Season Group 3 allowances under subpart GGGGG of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart GGGGG of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR NO X Ozone Season Group 3 allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.
(5) Notwithstanding the provisions of paragraph (b)(2) of this section, after 2020 the provisions of § 97.826(c) of this chapter (concerning the transfer of CSAPR NO X Ozone Season Group 2 allowances between certain accounts under common control), the provisions of § 97.826(d) of this chapter (concerning the conversion of amounts of unused CSAPR NO X Ozone Season Group 2 allowances allocated for control periods before 2021 to different amounts of CSAPR NO X Ozone Season Group 3 allowances), and the provisions of § 97.811(d) of this chapter (concerning the recall of CSAPR NO X Ozone Season Group 2 allowances equivalent in quantity and usability to all such allowances allocated to units in the State for control periods after 2020) shall continue to apply.
(6) Notwithstanding any other provision of this part, the effectiveness of paragraph (b)(3) of this section is stayed with regard to emissions occurring in 2024 and thereafter, provided that while such stay remains in effect, the provisions of paragraph (b)(2) of this section shall apply with regard to such emissions.
(c)(1) The owner and operator of each source located in the State of Virginia and for which requirements are set forth in § 52.40 and § 52.41, § 52.42, § 52.43, § 52.44, § 52.45, or § 52.46 must comply with such requirements with regard to emissions occurring in 2026 and each subsequent year.
(2) Notwithstanding any other provision of this part, the effectiveness of paragraph (c)(1) of this section is stayed.
§ 52.2441   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
(a) The owner and operator of each source and each unit located in the State of Virginia and for which requirements are set forth under the CSAPR SO 2 Group 1 Trading Program in subpart CCCCC of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Virginia's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under § 52.39, except to the extent the Administrator's approval is partial or conditional.
(b) Notwithstanding the provisions of paragraph (a) of this section, if, at the time of the approval of Virginia's SIP revision described in paragraph (a) of this section, the Administrator has already started recording any allocations of CSAPR SO 2 Group 1 allowances under subpart CCCCC of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart CCCCC of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR SO 2 Group 1 allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.
§§ 52.2442-52.2450   [Reserved]
§ 52.2451   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.
(b) Regulations for preventing significant deterioration of air quality. The provisions of § 52.21 (b) through (w) are hereby removed from the applicable state plan for the Commonwealth of Virginia.
§ 52.2452   Visibility protection.
(a) Reasonably Attributable Visibility Impairment. The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable measures for meeting the requirements of 40 CFR 51.305 for protection of visibility in mandatory Class I Federal areas.
(b)-(f) [Reserved]
(g) EPA converts its limited approval/limited disapproval of Virginia's regional haze program to a full approval. This SIP revision changes Virginia's reliance from the Clean Air Interstate Rule to the Cross-State Air Pollution Rule to meet the regional haze SIP best available retrofit technology requirements for certain sources and to meet reasonable progress requirements.
§ 52.2453   [Reserved]