Title 40—Protection of Environment--Volume 1
PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
§ 52.220a   Identification of plan—in part.
(a) Purpose and scope. This section sets forth a portion of the applicable State implementation plan for the State of California under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date on or prior to the dates listed in this paragraph (b)(1) 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 tables 1 through 39 to paragraph (c) of this section with EPA approval dates after the dates listed in this paragraph (b)(1) have been approved by the EPA for inclusion in the State implementation plan and will be incorporated by reference in the next update to the SIP compilation.
(i) EPA-Approved Statutes and State Regulations. Material listed in table 1 to paragraph (c) of this section was approved by EPA for inclusion in the SIP on April 1, 2016.
(ii) EPA-Approved California Test Procedures, Test Methods, and Specifications. Material listed in table 2 to paragraph (c) of this section was approved by EPA for inclusion in the SIP on April 1, 2016.
(iii) EPA-Approved Local Jurisdiction Ordinances and Municipal Code: Coachella Valley Local Jurisdictions, Town of Mammoth Lakes, City of Portola. Material listed in table 3 to paragraph (c) of this section was approved by EPA for inclusion in the SIP on April 17, 2025.
(iv) EPA-Approved Amador Air District Regulations. Material listed in table 4 to paragraph (c) of this section was approved by EPA for inclusion in the SIP on April 17, 2025.
(v) EPA-Approved Antelope Valley Air Quality Management District Regulations; Los Angeles County Air Pollution Control District Regulations; Southern California Air Pollution Control District Regulations; South Coast Air Quality Management District Regulations (Applicable in Antelope Valley). Material listed in table 5 to paragraph (c) of this section was approved by EPA for inclusion in the SIP on April 17, 2025.
(vi) EPA-Approved Bay Area Air Quality Management District Regulations. Material listed in table 6 to paragraph (c) of this section was approved by EPA for inclusion in the SIP on April 17, 2025.
(vii) EPA-Approved Butte County Air Quality Management District Regulations. Material listed in table 7 to paragraph (c) of this section was approved by EPA for inclusion in the SIP on April 17, 2025.
(viii) EPA-Approved Calaveras County Air Pollution Control District Regulations. Material listed in table 8 to paragraph (c) of this section was approved by EPA for inclusion in the SIP on April 17, 2025.
(ix) EPA-Approved Colusa County Air Pollution Control District Regulations. Material listed in table 9 to paragraph (c) of this section was approved by EPA for inclusion in the SIP on April 17, 2025.
(x) EPA-Approved Eastern Kern Air Pollution Control District Regulations; Kern County Air Pollution Control District Regulations. Material listed in table 10 to paragraph (c) of this section was approved by EPA for inclusion in the SIP on April 17, 2025.
(xi) EPA-Approved El Dorado County Air Quality Management District Regulations. Material listed in table 11 to paragraph (c) of this section was approved by EPA for inclusion in the SIP on April 17, 2025.
(2) EPA Region IX certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated rules/regulations which have been approved as part of the State implementation plan as of the dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference may be inspected at the EPA Region IX office at 75 Hawthorne Street, San Francisco, CA 94105. To obtain the material, please call (415) 947-8000. You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov .
(c) EPA-approved regulations .
Table 1—EPA-Approved Statutes and State Regulations 1
1 Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).
Table 2—EPA-Approved California Test Procedures, Test Methods, and Specifications
Table 3—EPA-Approved Local Jurisdiction Ordinances and Municipal Code: Coachella Valley Local Jurisdictions, Town of Mammoth Lakes, City of Portola
Table 4—EPA-Approved Amador Air District Regulations
Table 5—EPA-Approved Antelope Valley Air Quality Management District Regulations; Los Angeles County Air Pollution Control District Regulations; Southern California Air Pollution Control District Regulations; South Coast Air Quality Management District Regulations
[Applicable in Antelope Valley]
Table 6—EPA-Approved Bay Area Air Quality Management District Regulations
Table 7—EPA-Approved Butte County Air Quality Management District Regulations
Table 8—EPA-Approved Calaveras County Air Pollution Control District Regulations
Table 9—EPA-Approved Colusa County Air Pollution Control District Regulations
Table 10—EPA-Approved Eastern Kern Air Pollution Control District Regulations; Kern County Air Pollution Control District Regulations
Table 11—EPA-Approved El Dorado County Air Quality Management District Regulations
Table 12—EPA-Approved Feather River Air District Regulations; Sutter County Air District Regulations; Yuba County Air District Regulations
Table 13—EPA-Approved Glenn County Air District Regulations
Table 14—EPA-Approved Great Basin Unified Air District Regulations
Table 15—EPA-Approved Imperial County Air District Regulations
Table 16—EPA-Approved Lake County Air District Regulations
Table 17—EPA-Approved Lassen County Air District Regulations
Table 18—EPA-Approved Mariposa County Air District Regulations
Table 19—EPA-Approved Mendocino County Air District Regulations
Table 20—EPA-Approved Modoc County Air District Regulations
Table 21—EPA-Approved Mojave Desert Air District Regulations; Riverside County Air District Regulations; San Bernardino County Air District Regulations
Table 22—EPA-Approved Monterey Bay Unified Air District Regulations
Table 23—EPA-Approved North Coast Unified Air District Regulations
Table 24—EPA-Approved Northern Sierra Air District Regulations; Nevada County Air District Regulations; Plumas County Air District Regulations; Sierra County Air District Regulations
Table 25—EPA-Approved Northern Sonoma County Air District Regulations
Table 26—EPA-Approved Placer County Air District Regulations
Table 27—EPA-Approved Sacramento Metropolitan Air District Regulations
Table 28—EPA-Approved San Diego County Air District Regulations
Table 29—EPA-Approved San Joaquin Valley Unified Air District Regulations; Fresno County Air District Regulations; Kern County Air District Regulations; Kings County Air District Regulations; Madera County Air District Regulations; Merced County Air District Regulations; San Joaquin County Air District Regulations; Stanislaus County Air District Regulations; Tulare County Air District Regulations
Table 30—EPA-Approved San Luis Obispo County Air District Regulations
Table 31—EPA-Approved Santa Barbara County Air District Regulations
Table 32—EPA-Approved Shasta County Air District Regulations
Table 33—EPA-Approved Siskiyou County Air District Regulations
Table 34—EPA-Approved South Coast Air District Regulations; Los Angeles County Air District Regulations; Orange County Air District Regulations; Riverside County Air District Regulations; San Bernardino County Air District Regulations
Table 35—EPA-Approved Tehama County Air District Regulations
Table 36—EPA-Approved Tuolumne County Air District Regulations
Table 37—EPA-Approved Tuolumne County Air District Regulations
Table 38—EPA-Approved Ventura County Air District Regulations
Table 39—EPA-Approved Yolo-Solano Air District Regulations
(d) EPA-approved source-specific requirements. [Reserved]
(e) EPA-approved California nonregulatory provisions and quasi-regulatory measures. [Reserved]
§ 52.221   Classification of regions.
The California plan was evaluated on the basis of the following classifications:
Table 1 to § 52.221
§ 52.222   Negative declarations.
(a) The following air pollution control districts submitted negative declarations for volatile organic compound source categories to satisfy the requirements of section 182 of the Clean Air Act, as amended. The following negative declarations are approved as additional information to the State Implementation Plan.
(1) Mojave Desert Air Quality Management District.
(i) Natural Gas and Gasoline Processing Equipment and Chemical Processing and Manufacturing were submitted on July 13, 1994 and adopted on May 25, 1994.
(ii) Asphalt Air Blowing was submitted on December 20, 1994 and adopted on October 26, 1994.
(iii) Vacuum Producing Devices or Systems was submitted on December 29, 1994 and adopted on December 21, 1994.
(iv) Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset Lithography, Industrial Wastewater, Plastic Parts Coating (Business Machines), Plastic Parts (Other), and Ship Building were submitted on August 7, 1995 and adopted on June 28, 1995.
(v) Pneumatic Rubber Tire Manufacturing, Large Petroleum Dry Cleaners, Surface Coating of Cans, Surface Coating of Coils, Surface Coating Fabrics, Surface Coating Operations at Automotive and Light Duty Truck Assembly Plants, Surface of Coating of Large Appliances, Surface of Coating of Magnet Wire, Vacuum Producing Devices or Systems, Leaks From Petroleum Refinery Equipment, Process Unit Turnarounds, Equipment Leaks From Natural Gas/Gasoline Processing Plants, Synthesized Pharmaceutical Products, Air Oxidation Process—SOCMI, Polymer Manufacturing SOCMI and Polymer Manufacturing Equipment Leaks, Reactor Processes and Distillation Operations in SOCMI, and Synthetic Organic Chemical Polymer and Resin Manufacturing were submitted on July 11, 2007 and adopted January 22, 2007.
(vi) Petroleum Refinery Equipment, Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins, and Fugitive Emissions from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment were submitted on October 22, 2010 and adopted on August 23, 2010.
(vii) The following negative declarations for the 2008 ozone NAAQS were adopted by the District on February 23, 2015 and submitted to EPA on September 9, 2015.
(viii) The following negative declarations for the 2008 ozone standard were adopted by the District on April 23, 2018 and submitted to EPA on July 16, 2018: Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-003), Table 3—Plastic Parts and Products, and Table 4—Automotive/Transportation and Business Machine Plastic Parts.
(ix) The following negative declaration for the 2008 ozone standard was adopted by the District on October 22, 2018, and submitted to EPA on December 7, 2018: Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-003), Table 6—Motor Vehicle Materials.
(x) The following negative declaration for the 2008 ozone standard and 2015 ozone standard was adopted by the District on October 28, 2019, and submitted to EPA on December 20, 2019: EPA Control Techniques Guidelines for the Oil and Natural Gas Industry (453/B-16-001).
(2) Sacramento Metropolitan Air Quality Management District.
(i) Plastic Parts Coating: Business Machines and Plastic Parts Coating: Other were submitted on June 6, 1996 and adopted on May 2, 1996.
(ii) Coating Operations at Aerospace Manufacturing and Rework Operations was submitted on January 12, 2012 and adopted on October 27, 2011.
(iii) Fiberglass and Boat Manufacturing Materials and Automobile and Light-Duty Truck Assembly Coatings were submitted on July 12, 2012 and adopted on March 22, 2012.
(iv) The following negative declarations for the 1997 ozone NAAQS were adopted by the Sacramento Metropolitan Air Quality Management District.
(v) The following negative declarations for the 2008 ozone NAAQS were adopted by the Sacramento Metropolitan Air Quality Management District.
(3) Santa Barbara County Air Pollution Control District.
(i) Industrial Wastewater, Plastic Parts Coating: Business Machines, Plastic Parts Coating: Other, Industrial Cleaning Solvents, Offset Lithography, and Shipbuilding Coatings were submitted on July 12, 1996 and adopted on May 16, 1996.
(ii) Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch Processing, SOCMI Reactors, and SOCMI Distillation; and Wood Furniture Manufacturing Operations were submitted on April 9, 2002 and adopted on February 21, 2002.
(4) Placer County Air Pollution Control District.
(i) Aerospace Coatings; Industrial Waste Water Treatment; Plastic Parts Coating: Business Machines; Plastic Parts Coating: Other; Shipbuilding and Repair; Synthetic Organic Chemical Manufacturing, Batch Plants; and Synthetic Organic Chemical Manufacturing, Reactors were submitted on February 25, 1998 and adopted on October 7, 1997.
(ii) The following negative declarations for the 2008 ozone NAAQS were adopted by the Placer County Air Pollution Control District on February 13, 2014, and submitted to the EPA on April 14, 2014.
(iii) [Reserved]
(iv) Polyester Resin was submitted on July 18, 2014 and adopted on April 10, 2014.
(v) The following negative declaration for the 2008 ozone standard was adopted by the District on December 12, 2019, and submitted to the EPA on January 23, 2020, as an attachment to a letter dated January 21, 2020: The Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA 453/B-16-001).
(5) San Diego County Air Pollution Control District.
(i) Synthetic organic chemical manufacturing (distillation), synthetic organic chemical manufacturing (reactors), wood furniture, plastic parts coatings (business machines), plastic parts coatings (other), offset lithography, industrial wastewater, autobody refinishing, and volatile organic liquid storage were submitted on February 25, 1998 and adopted on October 22, 1997.
(ii) The following negative declarations for the 2008 ozone NAAQS were adopted by the San Diego County Air Pollution Control District.
(iii) The following negative declarations for the 2015 ozone NAAQS were adopted by the San Diego County Air Pollution Control District.
(6) Antelope Valley Air Pollution Control District.
(i) Motor Vehicle Assembly Line Coating Operations submitted on January 12, 1999 and adopted on November 18, 1997.
(ii) Refinery Process Turnarounds submitted on February 16, 1999 and adopted on November 18, 1997.
(iii) Marine Vessel Coating Operations, Marine Tank Vessel Operations, and Thermal Enhanced Oil Recovery Wells submitted on June 23, 1998 and adopted on January 20, 1998.
(iv) Pharmaceuticals and Cosmetic Manufacturing Operations submitted on March 28, 2000 and adopted on January 18, 2000.
(v) Metal Container, Closure and Coil Coating Operations and Magnet Wire Coating Operations submitted on June 3, 2004 and adopted on February 17, 2004.
(vi) Control of Volatile Compound Emissions from Resin Manufacturing and Surfactant Manufacturing submitted on July 19, 2004 and adopted on March 16, 2004.
(vii) Large Appliances, Surface Coating; Wood Furniture Surface Coating; Gasoline Bulk Plants, Equipment Leaks from Natural Gas/Gasoline Processing Plants; Leaks from Petroleum Refinery Equipment; Air Oxidation Processes (SOCMI); Reactor and Distillation Processes (SOCMI); Tank Truck Gasoline Loading Terminals >76,000 L; Manufacture of Synthesized Pharmaceutical Products; Manufacture of Pneumatic Rubber Tires; Manufacture of High Density Polyethylene, Polypropylene and Polystyrene; Equipment Used in Synthetic Organic Chemical Polymers and Resin Manufacturing; Refinery Vacuum-Producing Systems, Wastewater Separators and Process Unit Turnarounds; and Magnetic Wire Coating Operations submitted on January 31, 2007 and adopted on September 19, 2006.
(viii) Ship Repair Operations; Storage of Petroleum Liquids in Fixed Roof Tanks; and Petroleum Liquid Storage in External Floating Roof Tanks submitted on January 7, 2011 and adopted on October 19, 2010.
(ix) Petroleum Coke Calcining Operations—Oxides of Sulfur submitted on June 20, 2011 and adopted on January 18, 2011.
(x) The following negative declarations for the 2008 ozone NAAQS were adopted by the District on July 21, 2015 and submitted to EPA on October 23, 2015.
(xi) The following negative declarations for the 1997 ozone NAAQS were adopted by the Antelope Valley Air Quality Management District on December 20, 2016, and submitted to the EPA on June 7, 2017.
(xii) The following negative declaration for the 2008 ozone standard was adopted by the District on January 21, 2020 and submitted to the EPA on May 1, 2020, as an attachment to a letter dated April 30, 2020: The Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA 453/B-16-001).
(xiii) The following negative declarations for the 2008 ozone NAAQS were adopted by the Antelope Valley Air Quality Management District on December 20, 2016, and submitted to the EPA on June 7, 2017.
(7) El Dorado County Air Pollution Control District.
(i) Bulk Terminal Facilities or External or Internal Floating Roof Tank Sources was submitted on May 23, 2001 and adopted on April 3, 2001.
(ii) Control of VOC Emissions from Existing Stationary Sources, Volume VI: Surface Coating of Miscellaneous Metal Parts and Products; Control of VOC Emissions from Solvent Metal Cleaning; and Control of VOC Emissions from Existing Stationary Sources, Volume VIII: Graphic Arts—Rotogravure and Flexography submitted on September 30, 2013 and adopted on December 11, 2012.
(iii) Control of VOC Emissions from Coating Operations at Aerospace Manufacturing and Rework; Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks; Control of Volatile Organic Emissions from Existing Stationary Sources, Volume V: Surface Coating of Large Appliances; Control of Volatile Organic Emissions from Existing Stationary Sources, Volume IV: Surface Coating of Insulation of Magnet Wire; Control of Volatile Organic Emissions from Existing Stationary Sources, Volume III: Surface Coating of Metal Furniture; 61 FR 44050 Shipbuilding and Ship Repair Operations (Surface Coating); Control of Volatile Organic emissions from Existing Stationary Sources, Volume VII: Factory Surface Coating of Flat Wood Paneling; Control of VOC Emissions from Wood Furniture Manufacturing Operations; Control of VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants; Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds; Control of VOC Leaks from Petroleum Refinery Equipment; Control of VOC Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry; Control of VOC Emissions from Reactor Processes and Distillation Operations in SOCMI; Control of VOC Emissions from Storage of Petroleum Liquids in Fixed Roof Tanks; Control of VOC Emissions from Petroleum Liquid Storage in External Floating Roof Tanks; Control of VOC Emissions from Large Petroleum Dry Cleaners; Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products; Control of VOC Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins; Control of VOC Fugitive Emissions from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment; and Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires were submitted on July 11, 2007 and adopted on February 6, 2007.
(iv) The following negative declarations for the 2008 NAAQS were adopted by the El Dorado County Air Quality Management District on January 3, 2017, and submitted to the EPA on January 4, 2017.
(8) San Joaquin Valley Unified Air Pollution Control District.
(i) Synthesized Pharmaceutical Products Manufacturing and Coating Operations at Shipbuilding/Ship Repair Facilities submitted on June 18, 2009 and adopted on April 16, 2009.
(ii) Rubber Tire Manufacturing submitted on June 20, 2011 and adopted on September 20, 2010.
(iii) The following negative declarations for the 2008 NAAQS were adopted by the San Joaquin Valley Unified Air Pollution Control District on June 21, 2018, and submitted to the EPA on June 29, 2018.
(9) Northern Sierra Air Quality Management District.
(i) The following negative declarations for the 1997 ozone NAAQS were adopted by the Northern Sierra Air Quality Management District.
(ii) [Reserved]
(iii) [Reserved]
(iv) The following negative declarations for the 2008 ozone NAAQS were adopted by the Northern Sierra Air Quality Management District.
(v) The following negative declarations for the 2015 ozone NAAQS were adopted by the Northern Sierra Air Quality Management District.
(10) Ventura County Air Pollution Control District.
(i) EPA-453/R06-004 Control Techniques Guidelines for Flat Wood Paneling Coatings; EPA-453/R-07-004 Control Techniques Guidelines for Large Appliance Coatings; EPA-453/R-07-003 Control Techniques Guidelines for Paper, Film, and Foil Coatings; EPA-452/R-08-006 Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings; EPA 453/R-08-005 Control Techniques Guidelines for Miscellaneous Industrial Adhesives; EPA 453/R-06-003 Control Techniques Guidelines for Flexible Package Printing; EPA 453/R-07-005 Control Techniques Guidelines for Metal Furniture Coatings; and EPA 453/R-08-004 Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials were submitted on November 17, 2009 and adopted on September 15, 2009.
(ii) Negative declarations for the 2008 8-hour ozone standard: EPA-453/R-97-004 Aerospace CTG and MACT; EPA-450/2-77-008 Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks; EPA 453/R-08-006 Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings; EPA-450/2-78-032, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface Coating of Flat Wood Paneling; EPA-453/R-06-004, Control Techniques Guidelines for Flat Wood Paneling Coatings; EPA-453/R-06-003 Control Techniques Guidelines for Flexible Package Printing; EPA-450/2-77-034 Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V: Surface Coating of Large Appliances; EPA 453/R-07-004 Control Techniques Guidelines for Large Appliance Coatings; EPA-450/2-77-033 Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of Insulation of Magnet Wire; EPA-450/2-77-032 Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Surface Coating of Metal Furniture; EPA 453/R-07-005 Control Techniques Guidelines for Metal Furniture Coatings; EPA 453/R-07-003 Control Techniques Guidelines for Paper, Film, and Foil Coatings; EPA-450/2-77-025 Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds; EPA-450/2-78-036 Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment; EPA 453/R-08-004 Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials; EPA 453/R-08-005 Control Techniques Guidelines for Miscellaneous Industrial Adhesives; EPA-450/2-78-029 Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products; EPA-450/2-78-030 Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires; EPA-450/3-83-008 Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins; EPA-450/3-83-006 Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment; EPA-450/3-84-015 Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry; EPA-450/4-91-031 Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry; EPA-450/3-82-009 Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners were submitted on July 18, 2014 and adopted on June 10, 2014.
(11) Feather River Air Quality Management District.
(i) The following negative declarations for the 1997 and 2008 ozone NAAQS were adopted by the Feather River Air Quality Management District.
(ii) A negative declaration for the Control Techniques Guidelines for the Oil and Natural Gas Industry, EPA 453/B-16-001, was submitted on December 7, 2018, as an attachment to a letter dated December 2, 2018, and adopted on August 6, 2018, titled: “Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Revision for the South Sutter County Portion of the Sacramento Metropolitan Nonattainment Area for 8-Hour ozone—Negative Declaration for Control Techniques Guidelines for the Oil and Natural Gas Industry.”
(12) Imperial County Air Pollution Control District.
(i) The following negative declarations for the 1997 ozone NAAQS were adopted by the Imperial County Air Pollution Control District on July 13, 2010, and submitted to the EPA on December 21, 2010.
(ii) The following negative declarations for the 2008 8-hour ozone NAAQS were adopted by the Imperial County Air Pollution Control District on September 12, 2017, and submitted to the EPA on November 14, 2017.
(13) South Coast Air Quality Management District.
(i) Negative declarations for the 2008 ozone standard: Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating) including (published on August 27, 1996) and EPA 453/R-94-032 Alternative Control Techniques Document: Surface Coating Operations at Shipbuilding and Ship Repair Facilities; paper coating portion of EPA 453/R-07-003 Control Techniques Guidelines for Paper, Film, and Foil Coatings.
(ii) [Reserved]
(14) Yolo-Solano Air Quality Management District.
(i) The following negative declarations are for the 1997 8-hour ozone NAAQS.
(ii) The following negative declarations are for the 1997 and 2008 8-hour ozone NAAQS and were adopted by the District on September 13, 2017 and submitted as part of Yolo-Solano AQMD's RACT SIP on November 13, 2017.
(15) Mariposa County Air Pollution Control District.
(i) The following negative declaration for the 2008 ozone standard was adopted by the District on March 10, 2020, and submitted to the EPA on May 1, 2020, as an attachment to a letter dated April 30, 2020: The Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA 453/B-16-001).
(ii) [Reserved]
(16) Eastern Kern Air Pollution Control District.
(i) The following negative declarations for the 2008 ozone standard were adopted by the District on May 11, 2017 and submitted to the EPA on August 9, 2017:
(ii) [Reserved]
(b) The following air pollution control districts submitted negative declarations for oxides of nitrogen source categories to satisfy the requirements of section 182 of the Clean Air Act, as amended. The following negative declarations are approved as additional information to the State Implementation Plan.
(1) Sacramento Metropolitan Air Quality Management District.
(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers, Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and Steel Manufacturing Plants were submitted on March 4, 1996, and adopted on August 3, 1995.
(2) San Joaquin Valley Unified Air Pollution Control District.
(i) Nitric and Adipic Acid Manufacturing Plants, Cement Manufacturing Plants, Asphalt Batch Plants, Iron and Steel Manufacturing Plants, and Driers were submitted on October 17, 1994 and adopted on September 14, 1994.
(3) Placer County Air Pollution Control District.
(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers, Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and Steel Manufacturing Plants were submitted on February 25, 1998 and adopted on October 9, 1997.
(4) Antelope Valley Air Pollution Control District.
(i) Boilers and Process Heaters In Petroleum Refineries submitted on May 13, 1999 and adopted on April 21, 1998.
(ii) Cement Kilns and Glass Melting Furnaces submitted on July 23, 1999 and adopted on March 16, 1999.
(iii) Nitric Acid Units submitted on March 28, 2000 and adopted on January 18, 2000.
§ 52.223   Approval status.
(a) With the exceptions set forth in this subpart, the Administrator approves California's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act.
(b) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the State Implementation Plan (SIP) depends on the adoption and submittal of reasonably available control technology (RACT) requirements by July 1, 1980, for sources covered by Control Technique Guidelines (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.
(1) Imperial County for O 3 .
(2) North Central Coast Air Basin for O 3 .
(3) South Coast Air Basin for O 3 , CO, NO 2 , and PM.
(4) San Diego Air Basin for O 3 , CO, and TSP.
(5) San Joaquin Valley Air Basin.
(i) Kern County nonattainment area for ozone, CO, SO 2 , and PM.
(ii) Kings County for O 3 and TSP.
(iii) Madera County for O 3 and TSP.
(iv) Merced County for O 3 and TSP.
(v) San Joaquin County for CO, O 3 and TSP.
(vi) Stanislaus County for CO, O 3 and TSP.
(vii) Tulare County for O 3 and TSP.
(viii) Fresno County for O 3 , CO, and TSP.
(6) South Central Coast Air Basin.
(i) Santa Barbara County nonattainment area for O 3 , CO and TSP.
(ii) Ventura County for O 3 , CO and TSP.
(7) Sacramento Valley Air Basin.
(i) Butte County for O 3 and CO.
(ii) Sutter County for O 3 .
(iii) Yuba County for O 3 .
(iv) Sacramento AQMA for O 3 .
(v) Sacramento County Metropolitan Area for CO.
(8) Southeast Desert Air Basin.
(i) Los Angeles County for Ozone.
(ii) San Bernardino County for Ozone.
(iii) Riverside County for Ozone.
(9) San Francisco Bay Area Air Basin for O 3 , CO and TSP.
(10) Mountain Counties Air Basin.
(i) El Dorado County (Mountain Counties Air Basin portion) for O 3 .
(ii) Placer County (Mid-County portion) for O 3 .
(c) [Reserved]
(d) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph.
(1) Lake Tahoe Basin for CO.
(2) EPA approves the CO plan for the Lake Tahoe Basin as meeting the requirements of Part D. This approval includes the resolution of the Lake Tahoe Regional Planning Agency banning new source construction pending the adoption of a new regional plan and ordinances. However, EPA disapproves the plan for any future time during which the Tahoe Regional Planning Agency may remove its construction ban prior to EPA approval of the new regional plan and ordinances.
(e) The Administrator approves the following portions of the 1999 Ozone Attainment Plan for the San Francisco Bay Area submitted by the California Air Resources Board on August 13, 1999: the 1995 baseline emissions inventory, the reasonable further progress demonstration, and the deletion of transportation control measures #6 and #16.
(f)(1) Insofar as the Prevention of Significant Deterioration (PSD) provisions found in North Coast Unified Air Quality Management District's approved plan apply to stationary sources of greenhouse gas (GHGs) emissions, the Administrator approves that application only to the extent that GHGs are “subject to regulation”, as provided in this paragraph (b), and the Administrator takes no action on that application to the extent that GHGs are not “subject to regulation.”
(2) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:
(i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO 2 e or more; or
(ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO 2 e or more; and
(3) Beginning July 1, 2011, in addition to the provisions in paragraph (b)(2) of this section, the pollutant GHGs shall also be subject to regulation:
(i) At a new stationary source that will emit or have the potential to emit 100,000 tpy CO 2 e; or
(ii) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO 2 e or more.
(4) For purposes of this paragraph (b)—
(i) The term greenhouse gas shall mean the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO 2 equivalent emissions (CO 2 e) shall represent an amount of GHGs emitted, and shall be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of 40 CFR part 98—Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this section for each gas to compute a tpy CO 2 e.
(iii) The term emissions increase shall mean that both a significant emissions increase (as calculated using the procedures in the EPA-approved North Coast Unified Air Quality Management District rules at R1-1-130(s2)) and a significant net emissions increase (as defined in the North Coast Unified Air Quality Management District rules at R1-1-130(n1)) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO 2 e instead of applying the value in the EPA-approved North Coast Unified Air Quality Management District rules at R1-1-130(s2).
(g)(1) Insofar as the Prevention of Significant Deterioration (PSD) provisions found in Northern Sonoma County Air Pollution Control District's approved plan apply to stationary sources of greenhouse gas (GHGs) emissions, the Administrator approves that application only to the extent that GHGs are “subject to regulation”, as provided in this paragraph (b), and the Administrator takes no action on that application to the extent that GHGs are not “subject to regulation.”
(2) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:
(i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO 2 e or more; or
(ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO 2 e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in paragraph (b)(2) of this section, the pollutant GHGs shall also be subject to regulation:
(i) At a new stationary source that will emit or have the potential to emit 100,000 tpy CO 2 e; or
(ii) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO 2 e or more.
(4) For purposes of this paragraph (b)—
(i) The term greenhouse gas shall mean the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO 2 equivalent emissions (CO 2 e) shall represent an amount of GHGs emitted, and shall be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of 40 CFR part 98—Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this section for each gas to compute a tpy CO 2 e.
(iii) The term emissions increase shall mean that both a significant emissions increase (as calculated using the procedures in the EPA-approved Northern Sonoma County Air Pollution Control District rules at R1-1-130(s2)) and a significant net emissions increase (as defined in the Northern Sonoma County Air Pollution Control District rules at R1-1-130(n1)) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO 2 e instead of applying the value in the EPA-approved Northern Sonoma County Air Pollution Control District rules at R1-1-130(s2).
(h)(1) Insofar as the Prevention of Significant Deterioration (PSD) provisions found in Mendocino County Air Quality Management District's approved plan apply to stationary sources of greenhouse gas (GHGs) emissions, the Administrator approves that application only to the extent that GHGs are “subject to regulation”, as provided in this paragraph (b), and the Administrator takes no action on that application to the extent that GHGs are not “subject to regulation.”
(2) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:
(i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO 2 e or more; or
(ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO 2 e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in paragraph (b)(2) of this section, the pollutant GHGs shall also be subject to regulation:
(i) At a new stationary source that will emit or have the potential to emit 100,000 tpy CO 2 e; or
(ii) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO 2 e or more.
(4) For purposes of this paragraph (b)—
(i) The term greenhouse gas shall mean the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO 2 equivalent emissions (CO 2 e) shall represent an amount of GHGs emitted, and shall be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of 40 CFR part 98—Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this section for each gas to compute a tpy CO 2 e.
(iii) The term emissions increase shall mean that both a significant emissions increase (as calculated using the procedures in the EPA-approved Mendocino County Air Quality Management District rules at R1-1-130(s2)) and a significant net emissions increase (as defined in the Mendocino County Air Quality Management District rules at R1-1-130(m1) (1982)) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO 2 e instead of applying the value in the EPA-approved Mendocino County Air Quality Management District rules at R1-1-130(s2).
(i) 1997 ozone NAAQS: The 2007 Infrastructure SIP, submitted on November 16, 2007, and the 2014 Multi-pollutant Infrastructure SIP, submitted on March 6, 2014, are partially disapproved for specific requirements of Clean Air Act section 110(a)(2) for the 1997 8-hour ozone NAAQS for the Air Pollution Control Districts (APCDs), Air Quality Management Districts (AQMDs), or Air Quality Control Regions (AQCRs) listed in this paragraph.
(1)-(2) [Reserved]
(3) North Coast Unified AQMD (PSD requirements for the regulation of PM 2.5 , PM 2.5 precursors, condensable PM 2.5 , PM 2.5 increments, and NO X as an ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J).
(4) [Reserved]
(5) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J), except for South Coast AQMD where the Federal PSD program applies to greenhouse gases, only.
(6) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with respect to section 126(a), only).
(7) [Reserved]
(j) 1997 PM 2.5 NAAQS: The 2007 Infrastructure SIP, submitted on November 16, 2007, and the 2014 Multi-pollutant Infrastructure SIP, submitted on March 6, 2014, are partially disapproved for specific requirements of Clean Air Act section 110(a)(2) for the 1997 PM 2.5 NAAQS for the Air Pollution Control Districts (APCDs), Air Quality Management Districts (AQMDs), or Air Quality Control Regions (AQCRs) listed in this paragraph.
(1) [Reserved]
(2) North Coast Unified AQMD (PSD requirements for the regulation of PM 2.5 , PM 2.5 precursors, condensable PM 2.5 , PM 2.5 increments, and NO X as an ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J).
(3) [Reserved]
(4) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J), except for South Coast AQMD where the Federal PSD program applies to greenhouse gases, only.
(5) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with respect to section 126(a), only).
(6) San Joaquin Valley Mountain Counties AQCR for section 110(a)(2)(G).
(k) 2006 PM 2.5 NAAQS and 2012 PM 2.5 NAAQS: The 2014 Multi-pollutant Infrastructure SIP, submitted on March 6, 2014, is partially disapproved for specific requirements of Clean Air Act section 110(a)(2) for the 2006 PM 2.5 NAAQS and 2012 PM 2.5 NAAQS for the Air Pollution Control Districts (APCDs), Air Quality Management Districts (AQMDs), or Air Quality Control Regions (AQCRs) listed in this paragraph.
(1) [Reserved]
(2) North Coast Unified AQMD (PSD requirements for the regulation of PM 2.5 , PM 2.5 precursors, condensable PM 2.5 , PM 2.5 increments, and NO X as an ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J).
(3) [Reserved]
(4) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J), except for South Coast AQMD where the Federal PSD program applies to greenhouse gases, only.
(5) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with respect to section 126(a), only).
(6) San Joaquin Valley Mountain Counties AQCR for section 110(a)(2)(G).
(l) 2008 ozone NAAQS: The 2014 Multi-pollutant Infrastructure SIP, submitted on March 6, 2014, is partially disapproved for specific requirements of Clean Air Act section 110(a)(2) for the 2008 8-hour ozone NAAQS for the Air Pollution Control Districts (APCDs), Air Quality Management Districts (AQMDs), or Air Quality Control Regions (AQCRs) listed in this paragraph.
(1)-(2) [Reserved]
(3) North Coast Unified AQMD (PSD requirements for the regulation of PM 2.5 , PM 2.5 precursors, condensable PM 2.5 , PM 2.5 PSD, and NO X as an ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J).
(4) [Reserved]
(5) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J), except for South Coast AQMD where the Federal PSD program applies to greenhouse gases, only.
(6) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with respect to section 126(a), only).
(7) [Reserved]
(m) 2008 Pb NAAQS: The 2011 Pb Infrastructure SIP, submitted on September 22, 2011, and the 2014 Multi-pollutant Infrastructure SIP, submitted on March 6, 2014, are partially disapproved for specific requirements of Clean Air Act section 110(a)(2) for the 2008 Pb NAAQS for the Air Pollution Control Districts (APCDs), Air Quality Management Districts (AQMDs), or Air Quality Control Regions (AQCRs) listed in this paragraph.
(1) [Reserved]
(2) North Coast Unified AQMD (PSD requirements for the regulation of PM 2.5 , PM 2.5 precursors, condensable PM 2.5 , PM 2.5 increments, and NO X as an ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J).
(3) [Reserved]
(4) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J), except for South Coast AQMD where the Federal PSD program applies to greenhouse gases, only.
(5) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with respect to section 126(a), only).
(n) 2010 NO 2 NAAQS: The 2012 NO 2 Infrastructure SIP, submitted on November 15, 2012, and the 2014 Multi-pollutant Infrastructure SIP, submitted on March 6, 2014, are partially disapproved for specific requirements of Clean Air Act section 110(a)(2) for the 2010 NO 2 NAAQS for the Air Pollution Control Districts (APCDs), Air Quality Management Districts (AQMDs), or Air Quality Control Regions (AQCRs) listed in this paragraph.
(1) [Reserved]
(2) North Coast Unified AQMD (PSD requirements for the regulation of PM 2.5 , PM 2.5 precursors, condensable PM 2.5 , PM 2.5 increments, and NO X as an ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J).
(3) [Reserved]
(4) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J), except for South Coast AQMD where the Federal PSD program applies to greenhouse gases, only.
(5) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with respect to section 126(a), only).
(o) 2010 SO 2 NAAQS: The 2014 Multi-pollutant Infrastructure SIP, submitted on March 6, 2014, is partially disapproved for specific requirements of Clean Air Act section 110(a)(2) for the 2010 SO 2 NAAQS for the Air Pollution Control Districts (APCDs), Air Quality Management Districts (AQMDs), or Air Quality Control Regions (AQCRs) listed in this paragraph.
(1) [Reserved]
(2) North Coast Unified AQMD (PSD requirements for the regulation of PM 2.5 , PM 2.5 precursors, condensable PM 2.5 , PM 2.5 increments, and NO X as an ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J).
(3) [Reserved]
(4) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J), except for South Coast AQMD where the Federal PSD program applies to greenhouse gases, only.
(5) All areas in California that are subject to the Federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with respect to section 126(a), only).
(p) 2015 ozone NAAQS: The 2018 Infrastructure SIP, submitted on October 1, 2018, is partially disapproved for specific requirements of Clean Air Act section 110(a)(2) for the 2015 8-hour ozone NAAQS for the air pollution control districts (APCDs), air quality management districts (AQMDs), or air quality control regions (AQCRs) listed in this paragraph.
(1) Mendocino County AQMD (for sources subject to a FIP, including cogeneration and resource recovery projects, projects with stack heights greater than 65 meters or that use “dispersion techniques” as defined in 51.100 (which are major sources or major modifications under 52.21), and sources for which the EPA has issued permits under 52.21 for which applications were received by July 31, 1985, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J).
(2) North Coast Unified AQMD (PSD requirements for the regulation of PM 2.5 , PM 2.5 precursors, condensable PM 2.5 , PM 2.5 increments, and NO X as an ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J).
(3) Northern Sonoma County APCD (for sources subject to a FIP, including cogeneration and resource recovery projects, projects with stack heights greater than 65 meters or that use “dispersion techniques” as defined in 51.100 (which are major sources or major modifications under 52.21), and sources for which the EPA has issued permits under 52.21 for which applications were received by July 31, 1985, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J).
(4) Sacramento Metro AQMD (for sources subject to a FIP, including cogeneration and resource recovery projects, projects with stack heights greater than 65 meters or that use “dispersion techniques” as defined in 51.100 (which are major sources or major modifications under 52.21), and sources for which the EPA has issued permits under 52.21 for which applications were received by July 31, 1985, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J).
(5) All areas in California that are subject to the federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only), and (J), except for South Coast AQMD where the federal PSD program applies to all pollutants except greenhouse gases.
(6) All areas in California that are subject to the federal PSD program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with respect to section 126(a), only).
(7) The interstate transport requirements for Significant Contribution to Nonattainment (Prong 1) and Interstate Transport—Interference with Maintenance (Prong 2) of Clean Air Act (CAA) section 110(a)(2)(D)(i)(I).
§ 52.224   General requirements.
(a) The requirements of § 51.116(c) of this chapter are not met except in certain Air Pollution Control Districts (APCD) as indicated in this paragraph since the plan does not provide procedures by which emission data, as correlated with applicable emission limitations, will be made available to the public.
(1) The following APCD's meet the requirements of § 51.116(c) of this chapter:
(i) Siskiyou County APCD.
(ii) San Diego County APCD.
(iii) Great Basin Unified APCD.
(iv) Del Norte County APCD.
(v) Humboldt County APCD.
(vi) Mendocino County APCD.
(vii) Northern Sonoma County APCD.
(viii) Trinity County APCD.
(ix) Amador County APCD.
(2) The following APCD's do not provide for the correlation of emission data with applicable emission limitations as required by § 51.116(c) of this chapter. In these APCD's, only the requirements of § 52.224(b)(4) are in effect:
(i) Merced County APCD.
(ii) Stanislaus County APCD.
(iii) Fresno County APCD.
(iv) Calaveras County APCD.
(v) Tuolumne County APCD.
(vi) San Joaquin County APCD.
(vii) Mariposa County APCD.
(viii) Tulare County APCD.
(ix) Kern County APCD.
(x) Madera County APCD.
(xi) Yolo-Solano APCD.
(xii) Sutter County APCD.
(xiii) Glenn County APCD.
(xiv) Tehama County APCD.
(xv) Sierra County APCD.
(xvi) Shasta County APCD.
(xvii) Sacramento County APCD.
(xviii)-(xix) [Reserved]
(xx) Lake County APCD.
(xxi) Imperial County APCD.
(xxii) [Reserved]
(xxiii) Ventura County APCD.
(xxiv) Monterey Bay Unified APCD.
(xxv) [Reserved]
(xxvi) San Luis Obispo County APCD.
(xxvii) Kings County APCD.
(xxviii) Plumas County APCD.
(xxix) Nevada County APCD.
(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, except for those APCD's specified in paragraph (a) of this section, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator.
(c) The deletion of the following rules or portions of rules is disapproved, since these regulations are necessary to fulfill the requirements of 40 CFR 51.116(c).
(1) Northcoast intrastate region:
(i) Lake County APCD.
(A) Section 49a, Public Records, and Section 49b, Record, of Part III, Definitions; and Part II, Authorization and Disclosure, submitted on October 23, 1974 and previously approved under 40 CFR 52.223, are retained.
§ 52.225   Legal authority.
(a) [Reserved]
(b) The requirements of § 51.230(f) of this chapter are not met since authority to make emission data available to the public inadequate. Such release is precluded under certain circumstances.
§ 52.226   Control strategy and regulations: Particulate matter, San Joaquin Valley and Mountain Counties Intrastate Regions.
(a) [Reserved]
(b) The following regulatory changes represent a relaxation of previously submitted regulations and an adequate control strategy has not been submitted showing that the relaxation will not interfere with attainment and maintenance of the National Ambient Air Quality Standards for particulate matter:
(1) Kings County APCD.
(i) Rule 405, Process Weight, submitted on July 25, 1973 is disapproved; and Rule 405, submitted on June 30, 1972, and previously approved in 40 CFR 52.223 is retained.
(ii) Rule 407.1, Disposal of Solid and Liquid Wastes, submitted on November 4, 1977, is disapproved; and Rule 407.1, Disposal of Solid and Liquid Wastes, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 is retained.
(2) Calaveras County APCD.
(i) The revocation of Rule 407(b), Combustion Contaminants, is disapproved; and Rule 407(b), submitted on June 30, 1972, and previously approved in 40 CFR 52.223 is retained.
(ii) The revocation of Rule 408, Fuel Burning Equipment, is disapproved; and Rule 408, submitted on June 30, 1972, and previously approved in 40 CFR 52.223 is retained.
(iii) The addition of Rule 209, Fossil Fuel-Steam Generator Facility, is disapproved; and Rule 408, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
(3) Tuolumne County APCD.
(i) Rule 207, Particulate Matter, submitted on July 22, 1975, is disapproved; and Rules 404 and 407(b), submitted on June 30, 1972 and previously approved in 40 CFR 52.223 are retained.
(ii) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on July 22, 1975, is disapproved; and Rule 408, submitted on June 30, 1972, and previously approved in 40 CFR 52.223 is retained.
(iii) Rule 207, Particulate Matter, submitted on February 10, 1977, is disapproved and the previously approved Rules 404 and 407(b), submitted on June 30, 1972, remain in effect.
(iv) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on February 10, 1977, is disapproved and the previously approved Rule 408, submitted on June 30, 1972, remains in effect.
(4) Fresno County APCD.
(i) Rule 407, Disposal of Solid or Liquid Wastes, submitted on February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 1972, and previously approved in 40 CFR 52.223 is retained.
(ii) Rule 407, Disposal of Solid or Liquid Wastes, submitted on November 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
(5) San Joaquin County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
(6) Mariposa County APCD.
(i) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on January 10, 1975, is disapproved; and Rule 6.4, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
(7) Kern County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on July 22, 1975, is disapproved; and Rule 407.1, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
(8) Madera County APCD.
(i) Rule 405, Process Weight, submitted on January 10, 1975 is disapproved; and Rule 405, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
(9) Tulare County APCD.
(i) Paragraph b. of Rule 407.1.
(10) Merced County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on August 2, 1976 is disapproved; and Rule 407.1 submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
§ 52.227   Control strategy and regulations: Particulate matter, Metropolitan Los Angeles Intrastate Region.
(a) The requirements of Subpart G of this chapter are not met since the plan does not provide for attainment and maintenance of the secondary standards for particulate matter in the Metropolitan Los Angeles Intrastate Region.
(b) The following regulations are disapproved since they are not part of the approved control strategy and do not provide for the degree of control needed for the attainment and maintenance of the primary standards for particulate matter in the Metropolitan Los Angeles Intrastate Region.
(1) Los Angeles County Air Pollution Control District:
(i) Regulation IV, Rule 68.1.
(2) Riverside County Air Pollution Control District:
(i) Regulation IV, Rule 54 for process sources with a process weight rate in excess of 62,000 lbs. per hour. Rule 54 is approved for process sources with a process weight of 62,000 lbs. per hour or less.
(3) Southern California APCD:
(i) Regulation IV, Rule 404 Particulate Matter—Concentration, submitted on August 2, 1976.
(ii) Regulation IV, Rule 473 Disposal of Solid and Liquid Wastes, submitted on August 2, 1976.
(4) South Coast AQMD.
(i) Rule 401(b) submitted on August 15, 1980.
(c) The rescission by the Southern California APCD of the following rules, which were previously approved in the May 31, 1972 (37 FR 10850) and September 22, 1972 (37 FR 19813) Federal Register issues, is disapproved since adequate replacement rules have not been submitted and no analysis has been presented to show that this rescission will not interfere with the attainment and maintenance of the NAAQS for particulate matter as required by section 110 of the Clean Air Act. In addition, the following rules, as submitted in June 1972 and approved for the SIP, remain federally enforceable:
(1) Los Angeles County APCD.
(i) Regulation IV, Rule 52 Particulate Matter—Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
(2) San Bernardino County APCD.
(i) Regulation IV, Rule 52A Particulate Matter—Concentration.
(ii) Regulation IV, Rule 58A Disposal of Solid and Liquid Wastes.
(3) Riverside County APCD.
(i) Regulation IV, Rule 52 Particulate Matter—Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
(4) Orange County APCD.
(i) Regulation IV, Rule 52 Particulate Matter—Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
§ 52.228   Regulations: Particulate matter, Southeast Desert Intrastate Region.
(a) The following regulations are disapproved since they are not part of the approved control strategy and do not provide for the degree of control needed for the attainment and maintenance of the national standards for particulate matter in the Southeast Desert Intrastate Region.
(1) Imperial County Air Pollution Control District:
(i) Rule 114A.
(ii) Rule 116B.
(2) Los Angeles County Air Pollution Control District:
(i) Regulation IV, Rule 68.1.
(3) Riverside County Air Pollution Control District:
(i) Regulation IV, Rule 54 for process sources with a process weight rate in excess of 160,000 lbs. per hour. Rule 54 is approved for process sources with a process weight of 160,000 lbs. per hour or less.
(b) The following regulatory changes represent a relaxation of previously submitted regulations, and an adequate control strategy has not been submitted showing that the relaxation will not interfere with the attainment and maintenance of the national ambient air quality standards for particulate matter:
(1) Southeast Desert Intrastate Region:
(i) Imperial County APCD.
(A) Rule 406, Disposal of Solid and Liquid Wastes submitted on November 4, 1977 is disapproved; and Rule 116 C, Specific Contaminants submitted on June 30, 1972 and previously approved under 40 CFR 52.223 is retained.
(ii) Los Angeles County Air Pollution Control District.
(A) Regulation IV, Rule 404 Particulate Matter-Concentration, and Rule 473, Disposal of Solid and Liquid Wastes, submitted on June 6, 1977 are disapproved. Rules 52 and 58, titled as above, respectively, and submitted on June 30, 1972 and previously approved under 40 CFR 52.223 are retained.
(iii) Riverside County Air Pollution Control District.
(A) Regulation IV, Rules 404 Particulate Matter-Concentration, 405 Particulate Matter-Weight, and Rule 473, Disposal of Solid and Liquid Wastes, submitted on June 6, 1977 are disapproved. Rules 52, Particulate Matter-Weight, 54, Dust and Fumes, and 58, Disposal of Solid and Liquid Wastes, submitted in 1972 and approved under 40 CFR 52.223, are retained.
§ 52.229   Control strategy and regulations: Photochemical oxidants (hydrocarbons), Metropolitan Los Angeles Intrastate Region.
(a) [Reserved]
(b) The following rules are disapproved because they would result in a relaxation of control requirements contained in the presently approved State Implementation Plan, and no analysis has been presented to show that this relaxation will not interfere with the attainment and maintenance of NAAQS for photochemical oxidants (hydrocarbons) as required by section 110 of the Clean Air Act.
(1) Southern California APCD.
(i) Regulation IV, Rule 465 Vacuum Producing Devices or Systems, submitted on August 2, 1976.
(2) South Coast Air Quality Management District.
(i) Regulation IV, Rule 461 Gasoline Transfer and Dispensing, submitted on June 6, 1977. The version of this rule by the same number and title submitted on April 21, 1976 and approved under 40 CFR 52.223 is retained.
(ii) Rule 1115, Automotive Coatings, adopted on March 16, 1984 by the District and submitted by the state to EPA on July 10, 1984.
(iii) Rule 1113, Architectural Coatings, adopted on August 2, 1985 and submitted to EPA on November 12, 1985. The version of this rule by the same number and title submitted on July 10, 1984 and approved by EPA on January 24, 1985 is retained.
(c) The rescission by the Southern California APCD of the following rules, which were previously approved in the September 22, 1972 (37 FR 19813) Federal Register issue, is disapproved since adequate replacement rules have not been submitted and no analysis has been presented to show that this rescission will not interfere with the attainment and maintenance of the NAAQS for photochemical oxidants (hydrocarbons) as required by section 110 of the Clean Air Act. In addition, the following rules, as submitted in June 1972 and approved for the SIP, remain federally enforceable:
(1) Los Angeles County APCD, Regulation IV, Rule 69, Vacuum Producing Devices or Systems.
(2) San Bernardino County APCD, Regulation IV, Rule 69, Vacuum Producing Devices or Systems.
(3) Riverside County APCD, Regulation IV, Rule 74, Vacuum Producing Devices or Systems.
(4) Orange County APCD, Regulation IV, Rule 69, Vacuum Producing Devices or Systems.
§ 52.230   Control strategy and regulations: Nitrogen dioxide.
(a) The requirements of § 52.14(c)(3) of this chapter as of September 22, 1972 (47 FR 1983), are not met since the plan does not provide for the degree of nitrogen oxides emission reduction attainable through application of reasonably available control technology in the Metropolitan Los Angeles Intrastate Region. Therefore, Rule 68.b of the Orange County Air Pollution Control District is disapproved.
(b) The following rules are disapproved since they are not part of the approved control strategy and do not provide for the degree of control necessary for the attainment and maintenance of NAAQS for nitrogen dioxide in the Metropolitan Los Angeles Intrastate AQCR:
(1) Orange County APCD, Regulation IV, Rule 474, Fuel Burning Equipment—Oxides of Nitrogen, submitted on February 10, 1977.
(c) The rescission by the Southern California APCD of the following rules is disapproved since adequate replacement rules have not been submitted and no analysis has been presented to show that this rescission will not interfere with the attainment and maintenance of the National Ambient Air Quality Standards as required by section 110 of the Clean Air Act. In addition, the following rules, as submitted in June 1972 and approved for the SIP, remain federally enforceable:
(1) Orange County APCD, Regulation IV, Rule 68, Fuel Burning Equipment—NOx.
(2) Orange County APCD, Regulation IV, Rule 67.1, Fuel Burning Equipment.
§ 52.231   Regulations: Sulfur oxides.
(a) [Reserved]
(b) The deletion of the following rules or portions of rules is disapproved, since an adequate control strategy demonstration has not been submitted indicating that the deletions of the control requirements contained in those rules would not interfere with the attainment or maintenance of the National Ambient Air Quality Standard for Sulfur Oxides.
(1) Lake County Intrastate Region.
(i) Lake County, APCD.
(A) Section 3(F), Sulfur of Part V, Prohibitions and Standards, submitted on October 23, 1974 and previously approved under 40 CFR 52.223, is retained as applicable to sources other than sulfur recovery units.
§ 52.232   Part D conditional approval.
(a) The following portions of the California SIP contain deficiencies with respect to Part D of the Clean Air Act which must be corrected by meeting the indicated conditions of Part D plan approval.
(1) [Reserved]
(2) North Central Coast Air Basin for ozone.
(i) By May 7, 1981, the NSR rules must be revised and submitted as an SIP revision. The rules must satisfy section 173 and 40 CFR 51.18, “Review of new sources and modifications.” In revising the Monterey Bay Unified APCD's NSR rules, the State/APCD must address ( a ) any new requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (August 7, 1980, 45 FR 52676) which the APCD rules do not now satisfy and ( b ) those deficiencies with respect to the September 5, 1979 notice cited in EPA's Evaluation Report Addendum (contained in Document File NAP-CA-14 at the EPA Library in Washington, DC and the Region IX office).
(ii) By March 4, 1981, one of the following must be submitted as an SIP revision: ( a ) Adequate justification that the cutback asphalt rule represents RACT, ( b ) amendment of the cutback asphalt rule to conform with the controls recommended in the CTG document for cutback asphalt, or ( c ) adequate documentation that the cutback asphalt rule will result in emission reductions which are within 5 percent of the reductions achievable with the controls recommended in the cutback asphalt CTG document.
(3) South Coast Air Basin.
(i)(A) By May 7, 1981, the NSR rules must be revised and submitted as an SIP revision. The rules must satisfy section 173 of the Clean Air Act and 40 CFR 51.18, “Review of new sources and modifications.” In revising the South Coast AQMD's NSR rules, the State/AQMD must address ( 1 ) any new requirements in EPA's amended regulations for NSR (45 FR 31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the AQMD rules do not currently satisfy and ( 2 ) those deficiencies cited in EPA's Evaluation Report Addendum which still apply despite EPA's new NSR requirements (contained in Document File NAP-CA-9 at the EPA Library in Washington, DC and the Regional Office).
(4) San Diego Air Basin.
(i) For ozone, CO, TSP, and NO 2 :
(A) By May 7, 1981, the NSR rules submitted on March 17, 1980 must be revised and submitted as an SIP revision. In revising the NSR rules, the State/APCD must address ( 1 ) any new requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (May 13, 1980, 45 FR 31307; and August 7, 1980, 45 FR 52676) which the APCD rules do not currently satisfy and ( 2 ) the deficiencies cited in EPA's Evaluation Report Addendum which still apply despite EPA's new NSR requirements. The Evaluation Report Addendum is contained in document file NAP-CA-19 and available at the EPA Region IX Office and the EPA Library in Washington, DC
(5) The Kern County APCD.
(i) For PM:
(A) By November 19, 1981, the NSR rules must be revised and submitted as an SIP revision. The rules must satisfy section 173 of the Clean Air Act and 40 CFR Subpart I, “Review of new sources and modifications.” In revising Kern County's NSR rules, the State/APCD must address all the requirements in EPA's amended regulations for NSR (45 FR 31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the APCD rules do not currently satisfy including those deficiencies cited in EPA's Evaluation Report Addendum which still apply despite EPA's new NSR requirements (contained in document File NAP-CA-07 at the EPA Library in Washington, DC and the Regional Office).
(ii) [Reserved]
(6) [Reserved]
(7) San Francisco Bay Area Air Basin.
(i) For ozone and CO:
(A) By June 17, 1982, submittal of implementation commitments and schedules and additional commitments to provide annually the financial and personnel resources necessary to carry out the plan for transportation sources.
(8) [Reserved]
(9) The Santa Barbara County nonattainment areas.
(i) For O 3 , TSP, and CO by (90 days from the date of publication of this notice).
(A) The new source review (NSR) rules must be revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (45 FR 31307, May 13, 1980 and 45 FR 52676, August 7, 1980) and submitted as an SIP revision.
(ii) For O 3 by (90 days from the date of publication of this notice), a revised cutback asphalt paving materials rule which does not allow for indefinite compliance date extensions and submitted as an SIP revision.
(10)-(11) [Reserved]
(12) Butte, Sutter and Yuba County APCDs.
(i) For Ozone:
(A) By August 2, 1982, the NSR rules for the counties discussed in this notice must be revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (May 13, 1980, 45 FR 31307 and August 7, 1980, 45 FR 52676).
(13) Los Angeles and Riverside portions of the Southeast Desert Air Basin.
(i) For Ozone:
(A) By August 9, 1982, the new source review rules for the three county areas must be revised to meet the requirements in EPA's amended regulations under section 173 (May 13, 1980, (45 FR 31307), August 7, 1980, (45 FR 52676), and October 14, 1981, (46 FR 50766)).
(B) By August 9, 1982, the State must provide adopted regulations for degreasing operations in the Los Angeles County portion of the SEDAB which represent RACT.
(14)-(15) [Reserved]
(16) San Bernardino County portion of the Southeast Desert Air Basin.
(i) For ozone:
(A) By October 30, 1985, the NSR rules must be revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR 52676), and October 14, 1981 (46 FR 50766)).
(17) Yolo and Solano Counties.
(i) For ozone and CO in those portions of Yolo and Solano Counties that are part of the Sacramento Metropolitan Area:
(A) By October 30, 1985, the NSR rules must be revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR 52676), and October 14, 1981 (46 FR 50766)).
(ii) For ozone:
By November 1, 1982, the State must provide either (A) an adequate demonstration that the following regulations represent RACT, (B) amend the regulations so that they are consistent with the CTG, or (C) demonstrate that the regulations will result in VOC emission reductions which are within five percent of the reductions which would be achieved through the implementation of the CTG recommendations:
Rule 2.24, “Solvent Cleaning Operations (Degreasing).”
§ 52.233   Review of new sources and modifications.
(a) The following regulations are disapproved because they are not consistent with Clean Air Act requirements.
(1) [Reserved]
(2) Monterey Bay Unified APCD.
(i) Subparagraph B.5. of Rule 207, Standards for Permit to Construct, submitted March 17, 1980.
(3) South Coast AQMD.
(i) In Rule 1306(a)(i), submitted on April 3, 1980, sentence 3 is disapproved.
(ii) In Rule 1306(d)(1)(B)(ii), submitted on April 3, 1980, the following portion of the rule is disapproved: “Which have occurred during the highest three years of the last five year period, divided by three, provided the applicant demonstrates that such permit units have been operated at least 90 days during each of such three years.”
(iii) In Rule 1307(a) submitted on April 3, 1980, the following portion of the rule is disapproved: “Greater than 68 kilograms (150 pounds) per day except carbon monoxide, for which the value is an increase greater than 340 kilograms (750 pounds) per day.”
(4) Kern County APCD.
(i) Those portions of paragraph (3)(E) of Rule 210.1, submitted on April 15, 1980, which allow new sources and modifications to be exempt from LAER.
(b) [Reserved]
(c) The requirements of § 51.160(a) of this chapter are not met in the following Air Pollution Control Districts since the regulations of the APCD's do not provide the means to prevent construction of sources which would violate applicable portions of the control strategy or would interfere with the attainment or maintenance of a national standard.
(1) Mariposa County APCD.
(2) Santa Barbara County APCD.
(d) The requirements of § 51.160(a) of this chapter are not met in the following Air Pollution Control Districts since the regulations of the APCD's do not include a means to prevent construction or modification if such construction or modification would interfere with the attainment or maintenance of a national standard.
(1) Amador County APCD.
(2) Calaveras County APCD.
(3) El Dorado County APCD (Mountain Counties Intrastate portion).
(4) [Reserved]
(5) Glenn County APCD.
(6) Humboldt County APCD.
(7)-(8) [Reserved]
(9) Lake County APCD.
(10) Lassen County APCD.
(11) [Reserved]
(12) [Reserved]
(13) [Reserved]
(14) Modoc County APCD.
(15) Monterey Bay Unified APCD.
(16) Nevada County APCD.
(17) [Reserved]
(18) [Reserved]
(19) Plumas County APCD.
(20) [Reserved]
(21) Shasta County APCD.
(22) Sierra County APCD.
(23) Siskiyou County APCD.
(24) [Reserved]
(25) Sutter County APCD.
(26) [Reserved]
(27) Tuolumne County APCD.
(e) [Reserved]
(f) Regulation for review of new sources and modifications. (1) The requirements of this paragraph are applicable to:
(i) Any stationary source in the APCD's listed below, the construction or modification of which is commenced after the effective date of this regulation.
( a ) Mariposa County APCD.
( b ) [Reserved]
( c ) Santa Barbara County APCD.
(ii) Any stationary source subject to the requirements of §§ 52.226(c), 52.227(c), 52.228(b), or 52.230(b), the construction or modification of which is commenced after the effective date of this regulation.
(2) No owner or operator shall commence construction or modification of a stationary source after the effective date of this regulation without first obtaining approval from the Administrator of the location and design of such source.
(i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information, plans, descriptions, specifications, and drawings showing the design of the source, the nature and amount of emissions, and the manner in which it will be operated and controlled.
(v) Any additional information, plans, specifications, evidence, or documentation that the Administrator may require shall be furnished upon request.
(3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that:
(i) The source will be operated without causing a violation of any local, State, or Federal regulations which are part of the applicable plan.
(ii) The source will not prevent or interfere with attainment or maintenance of any national standard.
(4) (i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of paragraph (f)(4)(ii) of this section, shall be the date on which all required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete application, the Administrator shall:
( a ) Make a preliminary determination whether the source should be approved, approved with conditions, or disapproved.
( b ) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials submitted by the owner or operator, a copy of the Administrator's preliminary determination and a copy or summary of other materials, if any, considered by the Administrator in making his preliminary determination; and
( c ) Notify the public, by prominent advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the opportunity for written public comment on the information submitted by the owner or operator and the Administrator's preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph shall be sent to the applicant and to state and local air pollution control agencies, having cognizance over the location where the source will be situated.
(iv) Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Administrator in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Administrator shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection in at least one location in the region in which the source would be located.
(v) The Administrator shall take final action on the application within thirty (30) days after the close of the public comment period. The Administrator shall notify the applicant in writing of his approval, conditional approval, or denial of the application, and shall set forth his reasons for conditional approval or denial. Such notification shall be made available for public inspection in at least one location in the region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified in paragraph (f)(4)(ii), (iv) or (v) of this section by no more than 30 days, or such other period as agreed to by the applicant and the Administrator.
(5) The Administrator may impose any reasonable conditions upon an approval, including conditions requiring the source to be provided with:
(i) Sampling ports of a size, number, and location as the Administrator may require,
(ii) Safe access to each port,
(iii) Instrumentation to monitor and record emission data, and
(iv) Any other sampling and testing facilities.
(6) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year.
(7) Any owner or operator subject to the provisions of this regulation shall furnish the Administrator written notification as follows:
(i) A notification of the anticipated date or initial startup of the source not more than 60 days or less than 30 days prior to such date.
(ii) A notification of the actual date of initial startup of the source within 15 days after such date.
(8) Within 60 days after achieving the maximum production rate at which the source will be operated but not later than 180 days after initial startup of such source the owner or operator of such source shall conduct a performance test(s) in accordance with methods and under operating conditions approved by the Administrator and furnish the Administrator a written report of the results of such performance test.
(i) Such test shall be at the expense of the owner or operator.
(ii) The Administrator may monitor such test and may also conduct performance tests.
(iii) The owner or operator of a source shall provide the Administrator 15 days prior notice of the performance test to afford the Administrator the opportunity to have an observer present.
(iv) The Administrator may waive the requirement for performance tests if the owner or operator of a source has demonstrated by other means to the Administrator's satisfaction that the source is being operated in compliance with all local, State and Federal regulations which are part of the applicable plan.
(9) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and burns only gaseous fuel containing not more than 0.5 grain H 2 S per 100 stdft 3 (5.7 g/100 stdm 3 ); has a heat input of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical analyses.
(vi) Other sources of minor significance specified by the Administrator.
(10) Approval to construct or modify shall not relieve any person of the responsibility to comply with any local, State, or Federal regulation which is part of the applicable plan.
(11) Any owner or operator who constructs, modifies, or operates a stationary source not in accordance with the application, as approved and conditioned by the Administrator, or any owner or operator of a stationary source subject to this paragraph who commences construction or modification without applying for any receiving approval hereunder, shall be subject to enforcement action under section 113 of the Act.
(g) Regulation for review of new sources and modifications. (1) The requirements of this paragraph are applicable to any stationary source in the APCD's listed below, the construction or modification of which is commenced after the effective date of this regulation.
(i) Amador County APCD.
(ii) Calaveras County APCD.
(iii) El Dorado County APCD (Mountain Counties Intrastate portion).
(iv) [Reserved]
(v) Glenn County APCD.
(vi) Humboldt County APCD.
(vii)-(viii) [Reserved]
(ix) Lassen County APCD.
(x) Madera County APCD.
(xi) Mendocino County APCD.
(xii) Merced County APCD.
(xiii) Modoc County APCD.
(xiv) Monterey Bay Unified APCD.
(xv) Nevada County APCD.
(xvi) [Reserved]
(xvii) Plumas County APCD.
(xviii) San Joaquin County APCD.
(xix) Shasta County APCD.
(xx) Sierra County APCD.
(xxi) Siskiyou County APCD.
(xxii) Stanislaus County APCD.
(xxiii) Sutter County APCD.
(xxiv) Tulare County APCD.
(xxv) Tuolumne County APCD.
(2) No owner or operator shall commence construction or modification of any new source after the effective date of this regulation without first obtaining approval from the Administrator of the location of such source.
(i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information, stack data, and the nature and amount of emissions. Such information shall be sufficient to enable the Administrator to make any determination pursuant to paragraph (g)(3) of this section.
(v) Any additional information, plans, specifications, evidence, or documentation that the Administrator may require shall be furnished upon request.
(3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that the source will not prevent or interfere with attainment or maintenance of any national standard.
(4) (i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of paragraph (g)(4)(ii) of this section, shall be the date on which all required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete application, the Administrator shall:
( a ) Make a preliminary determination whether the source should be approved, approved with conditions, or disapproved.
( b ) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials submitted by the owner or operator, a copy of the Administrator's preliminary determination and a copy or summary of other materials, if any, considered by the Administrator in making his preliminary determination; and
( c ) Notify the public, by prominent advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the opportunity for written public comment on the information submitted by the owner or operator and the Administrator's preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this subparagraph shall be sent to the applicant and to state and local air pollution control agencies, having cognizance over the location where the source will be situated.
(iv) Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Administrator in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Administrator shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection in at least one location in the region in which the source would be located.
(v) The Administrator shall take final action on an application within thirty (30) days after the close of the public comment period. The Administrator shall notify the applicant in writing of his approval, conditional approval, or denial of the application, and shall set forth his reasons for conditional approval or denial. Such notification shall be made available for public inspection in at least one location in the region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified in paragraph (g)(4) (ii), (iv) or (v) of this section by no more than 30 days, or such other period as agreed to by the applicant and the Administrator.
(5) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year.
(6) Approval to construct or modify shall not relieve any owner or operator of the responsibility to comply with any local, State, or Federal regulation which is part of the applicable plan.
(7) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators, which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and burns only gaseous fuel containing not more than 20.0 grain H 2 S per 100 stdft 3 (54.8 g/100 stdm 3 ); has a heat input of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical analyses.
(vi) Other sources of minor significance specified by the Administrator.
(8) Any owner or operator who constructs, modifies, or operates a stationary source not in accordance with the application, as approved and conditioned by the Administrator, or any owner or operator of a stationary source subject to this paragraph who commences construction or modification without applying for and receiving approval hereunder, shall be subject to enforcement action under section 113 of the Act.
(h)-(i) [Reserved]
(j) Delegation of authority. (1) The Administrator shall have the authority to delegate responsibility for implementing the procedures for conducting source review pursuant to this section in accordance with paragraphs (j) (2), (3), and (4) of this section.
(2) Where the Administrator delegates the responsibility for implementing the procedures for conducting source review pursuant to this section to any Agency, other than a Regional Office of the Environmental Protection Agency, a copy of the notice pursuant to paragraphs (f)(4)(iii) and (g)(4)(iii) of this section shall be sent to the Administrator through the appropriate Regional Office.
(3) In accordance with Executive Order 11752, the Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be delegated, other than to a Regional Office of the Environmental Protection Ands; except that, with respect to the latter category, where new or modified sources are constructed or operated on Federal lands pursuant to leasing or other Federal agreements, the Federal Land Manager may at his discretion, to the extent permissible under applicable statutes and regulations, require the lessee or permittee to be subject to new source review requirements which have been delegated to a state or local agency pursuant to this paragraph.
(4) The Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be redelegated, other than to a Regional Office of the Environmental Protection Agency, for new or modified sources which are located in Indian reservations except where the State has assumed jurisdiction over such land under other laws, in which case the Administrator may delegate his authority to the States in accordance with paragraphs (j) (2), (3), and (4) of this section.
(k) Conditions on steam production. (1) Notwithstanding any provisions to the contrary in the California State Implementation Plan, the Watson petroleum refinery owned by Atlantic Richfield Company, located at 1801 East Sepulveda Boulevard, Carson, California, shall operate under the following conditions listed in paragraphs (k)(2) through (6) of this section.
(2) The total steam load comprised of the steam purchased from Watson Energy Systems and the amount generated by boilers #31, #32, #33, #42, #51, and #52 at the ARCO Watson Refinery shall not exceed 1,355,000 pounds per hour at 680 °F, 600 psig.
(3) Continuous written records of steam purchased from Watson Energy Systems and of the steam produced by boilers #31, #32, #42, #51, or #52 at the ARCO Watson Refinery, during receipt of steam from Watson Energy Systems, shall be maintained and made available for inspection by the EPA and the South Coast Air Quality Management District. These records shall be kept in terms of pounds per hour of steam at 680 °F, 600 psig.
(4) The steam purchased from the Watson Energy Systems facility shall be used as a “first-on, last-off” source of steam for the ARCO Watson Refinery, except for steam produced by waste heat or as part of the refining process, or as required to maintain fired boilers in service for emergency use.
(5) Any proposed changes in equipment or fuel that would increase the oil fired steam generating capacity or decrease oil fired steam generating efficiency of boilers #31, #32, #33, #42, #51, and #52 at the ARCO Watson Refinery must be reviewed and approved by the EPA prior to implementation of the proposed changes.
(6) ARCO shall maintain written records of oil consumption at boilers #31, #32, #33, #42, #51, and #52 during receipt of steam from Watson Energy Systems. These records shall be available for inspection by the South Coast Air Quality Management District and the EPA. The total oil consumption of these boilers shall not exceed a monthly average of 226,000 gallons per day when receiving steam from the Watson Energy systems plant at a rate of 350,000 pounds per hour. When receiving steam at a lower rate, ARCO shall be allowed to increase its boiler fuel oil consumption to achieve a total steam load not to exceed the limit of condition two (2).
(l) The following rules and regulations are disapproved because they do not meet the requirements of sections 110, 172, and 173 of the Clean Air Act, since they exempt certain source categories from the offset requirements of the Act:
(1) South Coast Air Quality Management District.
(i) Rule 1304(e), Resource Conservation and Energy Projects, submitted on April 3, 1980, but only with respect to projects whose application for a permit is complete after January 1, 1986,
(ii) Rule 1304(b)(2), Resource and Energy Conservation Projects, submitted on November 8, 1982, but only with respect to projects whose application for a permit is complete after January 1, 1986,
(m) Revised South Coast Regulation XIII, submitted on November 8, 1982, is not approved inasmuch as action on it is temporarily deferred.
§ 52.234   Source surveillance.
(a) Except in the Air Pollution Control Districts (APCDs) listed in this paragraph, the requirements of § 51.211 of this chapter are not met since the plan does not provide for recordkeeping and periodic reporting of emission data by sources.
(1) Amador County APCD.
(2) Bay Area AQMD.
(3) Calaveras County APCD.
(4) Del Norte County APCD.
(5) El Dorado County APCD.
(6) Humboldt County APCD.
(7) Imperial County APCD.
(8) Lake County APCD.
(9) Mariposa County APCD.
(10) Mendocino County APCD.
(11) Nevada County APCD.
(12) Northern Sonoma County APCD.
(13) Placer County APCD.
(14) Plumas County APCD.
(15) Sierra County APCD.
(16) Trinity County APCD.
(17) Ventura County APCD.
(b) The requirements of § 51.212 of this chapter are not met since the plan does not adequately provide for periodic testing and inspection of stationary sources within the Bay Area Air Pollution Control District portion of the San Francisco Bay Area Intrastate Region.
(c) The requirements of § 51.212 of this chapter are not met since the system for detecting violations through enforcement of visible emission regulations and complaint handling is not adequately described.
(d) Regulation for source recordkeeping and reporting. (1) The owner or operator of any stationary source in the State of California, except for those APCD's specified in paragraph (a) of this section, shall, upon notification from the Administrator, maintain records of the nature and amounts of emissions from such source and/or any other information as may be deemed necessary by the Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures.
(2) The information recorded shall be summarized and reported to the Administrator, on forms furnished by the Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31, except that the initial reporting period shall commence on the date the Administrator issues notification of the recordkeeping requirements.
(3) Information recorded by the owner or operator and copies of the summarizing reports submitted to the Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.
(e) The requirements of § 51.214 of this chapter are not met in the following air pollution control districts (APCD's) since all of the applicable requirements of Appendix P of part 51 are not included in the district regulations.
(1) Amador County APCD.
(2) Bay Area AQMD
(3) Calaveras County APCD.
(4) El Dorado County APCD.
(5) Imperial County APCD.
(6) Kern County APCD.
(7) Kings County APCD.
(8) Los Angeles County APCD.
(9) Mariposa County APCD.
(10) Monterey Bay Unified APCD.
(11) Nevada County APCD.
(12) Placer County APCD.
(13) Plumas County APCD.
(14) San Bernardino County Desert APCD.
(15) San Diego County APCD.
(16) San Joaquin County APCD.
(17) San Luis Obispo County APCD.
(18) Santa Barbara County APCD.
(19) Sierra County APCD.
(20) South Coast AQMD.
(21) Stanislaus County APCD.
(22) Tulare County APCD.
(23) Ventura County APCD.
§ 52.235   Control strategy for ozone: Oxides of nitrogen.
EPA is approving an exemption request submitted by the Monterey Bay Unified Air Pollution Control District on April 26, 1994 for the Monterey Bay ozone nonattainment area from the NO X RACT requirements contained in section 182(f) of the Clean Air Act. This approval exempts the area from implementing the oxides of nitrogen (NO X ) requirements for reasonably available control technology (RACT), new source review (NSR), the related requirements of general and transportation conformity regulations, and applicable inspection and maintenance (I/M). The exemption is based on ambient air monitoring data and lasts for only as long as the area's monitoring efforts continue to demonstrate attainment without NO X reductions from major stationary sources.
§ 52.236   Rules and regulations.
(a) Since the following Air Pollution Control District (APCD) rules do not define the term “agricultural operations,” the rules are disapproved because they could render certain emission limitations rules unenforceable.
(1) Imperial County APCD.
(i) Rule 114.5, submitted on November 10, 1976.
(ii) Rule 148.D(3), submitted on November 10, 1976.
(b) The following Air Pollution Control District (APCD) rules are disapproved because they contain the term “agricultural operations” and/or the term “other equipment in agricultural operations,” both of which are either undefined or inadequately defined, thus rendering certain emission control rules unenforceable:
(1) San Luis Obispo County APCD.
(i) Rules 401(B)(4) and 401(B)(6), submitted on November 10, 1976.
(2) Sacramento County APCD.
(i) Rule 7(b)(5), submitted on November 4, 1977.
(3) Glenn County APCD.
(i) Section 77(e), submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812).
(4) Mariposa County APCD.
(i) Rule 203(G), submitted on June 6, 1977.
(5) Kern County APCD.
(i) Rules 402(c) and 402(e), submitted on; November 10, 1976.
(6) Fresno County APCD.
(i) Rules 402(c) and 402(e), submitted on October 23, 1974.
(ii) Rules 402(c) and 402(e), submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812).
(7) Tulare County APCD.
(i) Section 402(c), submitted on November 10, 1976, and previously approved under 40 CFR 52.223 (42 FR 47556).
(8) Madera County APCD.
(i) Rules 402(c) and 402(e), submitted on January 10, 1975, and previously approved under 40 CFR 52.223 (42 FR 42219).
(9) Amador County APCD.
(i) Rules 203(G), submitted on October 15, 1979, and 205(G), submitted on June 30, 1972.
(c) Since the following Air Pollution Control Districts have deleted definitions which could allow a relaxation of emission limitations, the deletions are disapproved:
(1) Merced County APCD.
(i) Rule 102(hh), submitted on June 30, 1972, previously approved under 40 CFR 52.223, and deleted by the August 2, 1976 submittal, is retained.
(2) El Dorado County APCD.
(i) Rule 102(LL), submitted on November 4, 1977, previously approved at 43 FR 51632, and deleted by the May 23, 1979 submittal, is retained.
(d) The following rules or portions of rules are disapproved since they contain provisions which are inconsistent with 40 CFR part 58, Ambient Air Quality Surveillance.
(1) Lake County APCD.
(i) Section 224, Equivalent Method, and Table V, Table of Standards, Applicable Statewide, submitted on February 10, 1977.
(ii) Table V, Concentrations and Methods, submitted on January 2, 1979, and Table V, submitted on February 10, 1976 and previously approved at 42 FR 42224.
(e) Since the following air pollution control districts have revised definitions so as to render the associated emission control requirements less stringent without a control strategy demonstration, the revisions are disapproved.
(1) Mendocino County APCD.
(i) Rule 130(p4), submitted on November 10, 1976. (Part III-49, previously submitted on February 21, 1972, and approved in 40 CFR 52.223, is retained).
(ii) Rule 130(s3), submitted on November 10, 1976. (Part III-55, previously submitted on February 21, 1972, and approved in 40 CFR 52.233, is retained).
(2) Shasta County APCD.
(i) The definition of “modification” in Rule 1:2, Definitions, submitted on October 13, 1977, is disapproved.
(3) San Bernardino County Desert APCD.
(i) Rule 103, Definition of Terms, submitted on November 4, 1977, is disapproved with respect to the deletion of the following terms: “Distilling type heater”, “Noncomplying orchard heater”, “Pipe line systems”, and “Return stack heater”. (Rule 2, Definitions, submitted on February 21, 1972 and approved in 40 CFR 52.223, is retained for the above terms.)
(4) Southeast Desert Intrastate Region.
(i) San Bernardino County Desert APCD.
(A) Rule 102, Definition of Terms, submitted November 4, 1977 is disapproved with respect to the deletion of the following terms: Distilling type heater, Non-complying orchard heater, Pipe line systems, and Return stack heater. Rule 2, Definitions, submitted February 21, 1972 and approved in 40 CFR 52.223, is retained for the above terms.
(f) The following APCD rules are disapproved because they exempt some portions of the districts from the existing air pollution control regulations without setting forth substitute rules for the exempted areas.
(1) El Dorado County APCD.
(i) Rule 201, submitted on November 4, 1977, is disapproved. (The previously approved Rule 49, submitted on June 30, 1972, is retained for Federal enforcement purposes.)
(g) The following Air Pollution Control District (APCD) rules are disapproved pursuant to section 110(a)(2)(K) of the Clean Air Act because they could allow recovery of legal expenses associated with permit enforcement actions.
(1) Monterey Bay Unified APCD.
(i) Rule 300 (i)(1), Permit Fee, submitted on December 17, 1979.
(2) El Dorado County APCD.
(i) Rule 104, submitted on May 23, 1979.
§ 52.237   Part D disapproval.
(a) The following portions of the California SIP are disapproved because they do not meet the requirements of Part D of the Clean Air Act.
(1) The ozone and CO attainment demonstrations for the South Coast Air Basin. No major stationary source, or major modification of a stationary source, of carbon monoxide or volatile organic compounds may be constructed in the South Coast Air Basin unless the construction permit application is complete on or before August 30, 1988.
(2) The ozone attainment demonstration for Ventura County. No major stationary source, or major modification of a stationary source, of volatile organic compounds may be constructed in the Ventura County nonattainment area unless the construction permit application is complete on or before November 4, 1988.
(3) The ozone attainment demonstration for the Sacramento AQMA. No major stationary source, or major modification of a stationary source, of volatile organic compounds may be constructed in the Sacramento nonattainment area unless the construction permit application is complete on or before January 3, 1989.
(4) The ozone attainment demonstration for the Fresno County APCD.
(5) The ozone attainment demonstration for the Kern County APCD.
(6) The attainment assessment, motor vehicle emissions budgets, and Reasonably Available Control Measure (RACM) portions of the San Francisco Bay Area Ozone Attainment Plan for the 1-Hour National Ozone Standard, June 1999.
(7) [Reserved]
(8) The contingency measure portion of the 2008 PM 2.5 Plan for attainment of the 1997 PM 2.5 standards in the San Joaquin Valley (June 2013).
(9) [Reserved]
(10) [Reserved]
(11) [Reserved]
(12) The contingency measures portion of the 2018 Plan for the 1997, 2006, and 2012 PM 2.5 Standards (“2018 PM 2.5 Plan”), adopted November 15, 2018, for San Joaquin Valley with respect to the 1997 24-hour PM 2.5 NAAQS.
(13) The contingency measures element of the “2016 Ozone Plan for 2008 8-Hour Ozone Standard,” adopted June 16, 2016, as modified by the “2018 Updates to the California State Implementation Plan,” adopted October 25, 2018, for San Joaquin Valley with respect to the 2008 ozone NAAQS, with the exception of CARB's Enhanced Enforcement Activities Program measure.
(14) The contingency measures element of the “Sacramento Regional 2008 NAAQS 8-hour Ozone Attainment and Reasonable Further Progress Plan,” adopted November 16, 2017, as modified by the “2018 Updates to the California State Implementation Plan,” adopted October 25, 2018, for the Sacramento Metro area with respect to the 2008 ozone NAAQS.
(b) The following Reasonably Available Control Technology (RACT) determinations are disapproved because they do not meet the requirements of Part D of the Clean Air Act.
(1) Sacramento Air Quality Management District.
(i) [Reserved]
(ii) RACT Determinations for the source category Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for the 2008 and 2015 ozone NAAQS, as contained in the submittal titled “California Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities,” dated December 4, 2018, as adopted March 23, 2017 and submitted on December 11, 2018.
(iii) [Reserved]
(2) [Reserved]
(3) San Joaquin Valley Air Pollution Control District.
(i) RACT Determinations for the source category Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for the 2008 and 2015 ozone NAAQS, as contained in the submittal titled “California Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities,” dated December 4, 2018, as adopted March 23, 2017 and submitted on December 11, 2018.
(ii) [Reserved]
(4) South Coast Air Quality Management District.
(i) RACT Determinations for the source category Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for the 2008 and 2015 ozone NAAQS, as contained in the submittal titled “California Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities,” dated December 4, 2018, as adopted March 23, 2017 and submitted on December 11, 2018.
(ii) [Reserved]
(5) Ventura County Air Pollution Control District.
(i) RACT Determinations for the source category Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for the 2008 and 2015 ozone NAAQS, as contained in the submittal titled “California Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities,” dated December 4, 2018, as adopted March 23, 2017 and submitted on December 11, 2018.
(ii) [Reserved]
(6) Yolo-Solano Air Quality Management District.
(i) RACT Determinations for the source category Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for the 2008 and 2015 ozone NAAQS, as contained in the submittal titled “California Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities,” dated December 4, 2018, as adopted March 23, 2017 and submitted on December 11, 2018.
(ii) [Reserved]
(c) The following Clean Air Act section 185 fee rules, and the section 185 program plan element for the specified NAAQS, are disapproved because they do not meet the requirements of Part D of the Clean Air Act.
(1) Antelope Valley Air Quality Management District.
(i) Rule 315, “Federal Clean Air Act Section 185 Penalty,” amended on October 18, 2011, and submitted on December 14, 2011, for the 1979 1-hour ozone NAAQS.
(ii) [Reserved]
(2) Mojave Desert Air Quality Management District.
(i) Rule 315, “Federal Clean Air Act Section 185 Penalty,” amended on October 24, 2011, and submitted on December 14, 2011, for the 1979 1-hour ozone NAAQS.
(ii) [Reserved]
§ 52.238   Commitment to undertake rulemaking.
(a) The Administrator shall undertake rulemaking, after the South Coast mobile source public consultative process, to promulgate any VOC and NO X mobile source controls which are determined to be appropriate for EPA and needed for ozone attainment in the Los Angeles-South Coast Air Basin Area.
(b) [Reserved]
§ 52.239   Alternate compliance plans.
(a) Alternative compliance plans (bubble plans) developed under the District rules listed below must be submitted to EPA by the State of California as SIP revisions. The emission limits contained in the District rule will continue to be enforceable by EPA and private citizens under sections 113 and 304(a) of the Act until the alternative compliance plans are approved by EPA for inclusion in the SIP.
(1) Bay Area AQMD.
(i) Rule 4 of Regulation 8, submitted on February 7, 1980.
(b) Alternative compliance plans (bubble plans) developed under the District rules listed below are considered the applicable requirements in the SIP which are enforceable by EPA and private citizens under section 113 and 304(a) of the Act. Alternative compliance plans must be submitted to EPA after their approval by the District. The District rules do not apply to or supersede the conditions that a source must meet under nonattainment or PSD permit programs, new source performance standards, or national emission standards for hazardous air pollutants.
(1) Bay Area AQMD.
(i) Rules 11, 13 and 19 of Regulation 8, submitted on February 7, 1980.
§ 52.240   Compliance schedules.
(a) The requirements of § 51.262(a) of this chapter are not met in the following Air Pollution Control Districts since the regulations cited do not provide increments to progress toward compliance.
(1) Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2, 53.3, 54.A, 58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD.
(2) Rules 53, 72.1, and 72.2 of the Riverside County APCD.
(3) Rules 53, 66.c, and 68.a of the Orange County APCD.
(4) Rule 39.1 of the Santa Barbara County APCD.
(5) Rule 59 of the Ventura County APCD.
(6) Rule 66(c) of the Los Angeles County APCD.
(7) Rule 4.5 of the Siskiyou County APCD.
(8) Rule 64(c) of the Northern Sonoma County APCD.
(9) Rule 409 of the Tulare County APCD.
(b) The requirements of § 51.261 are not met since Rule 68.a of the Orange County Air Pollution Control District does not provide for compliance within 3 years after the Administrator's approval of the plan.
(c) Federal compliance schedule. (1) Except as provided in paragraph (c)(2) of this section, the owner or operator of any stationary source subject to Rule 68.a of the Orange County Air Pollution Control District shall comply with such rule or regulation on or before January 31, 1974.
(i) Any owner or operator in compliance with this rule on the effective date of this regulation shall certify such compliance to the Administrator no later than 120 days following the effective date of this paragraph.
(ii) Any owner or operator who achieves compliance with such rule or regulation after the effective date of this regulation shall certify such compliance to the Administrator within 5 days of the date compliance is achieved.
(2) Any owner or operator of a stationary source subject to paragraph (c)(1) of this section may, not later than 120 days following the effective date of this paragraph, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with the rules and regulations specified in paragraph (c)(1) of this section as expeditiously as practicable but no later than July 31, 1975. The compliance schedule shall provide for increments of progress toward compliance. The dates for achievement of such increments of progress shall be specified. Increments of progress shall include, but not be limited to: Submittal of final control plan to the Administrator; letting of necessary contracts for construction or process changes or issuance of orders for the purchase of component parts to accomplish emission control or process modification; initiation of onsite construction or installation of emission control equipment or process modification; completion of onsite construction or installation of emission control equipment or process modification; and final compliance.
(3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met.
(d) Regulation for increments of progress. (1) The requirements of this paragraph are applicable to any stationary source in the following Air Pollution Control Districts subject to the indicated regulations.
(i) Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2, 53.3, 54.A, 58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD.
(ii) Rules 53, 72.1, and 72.2 of the Riverside County APCD.
(iii) Rules 53 and 66.c of the Orange County APCD.
(iv) Rule 39.1 of the Santa Barbara County APCD.
(v) Rule 59 of the Ventura County APCD.
(vi) Rules 66(c) and 68 of the Los Angeles County APCD.
(vii) Rule 4.5 of the Siskiyou County APCD.
(viii) Rule 64(c) of the Northern Sonoma County APCD.
(ix) Rule 409 of the Tulare County APCD.
(2) Except as provided in paragraph (3) of this section, the owner or operator of any stationary source shall, no later than 120 days following the effective date of this paragraph, submit to the Administrator for approval, a proposed compliance schedule that demonstrates compliance with the applicable regulations as expeditiously as practicable but no later than the final compliance date specified by such applicable regulation. The compliance schedule shall provide for periodic increments of progress toward compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Submittal of final control plan to the Administrator; letting of necessary contracts for construction or process changes or issuance of orders for the purchase of component parts to accomplish emission control or process modification; initiation of onsite construction or installation of emission control equipment or process modification; completion of onsite construction or installation of emission control equipment or process modification; and final compliance.
(3) Where any such owner or operator demonstrates to the satisfaction of the Administrator that compliance with the applicable regulations will be achieved on or before January 31, 1974, no compliance schedule shall be required.
(4) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met.
(5) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source.
(e) [Reserved]
(f) State compliance schedules. (1) [Reserved]
(2) The compliance schedules for the sources identified below are disapproved as not meeting the requirements of Subpart N of this chapter. All regulations cited are air pollution control regulations of the county in which the source is located, unless otherwise indicated.
§ 52.241   Inspection and maintenance program.
(a) [Reserved]
(b) Approval. On June 5, 2009, the California Air Resources Board submitted a revision to the California Motor Vehicle Inspection and Maintenance Program (2009 I/M Revision) to satisfy the requirements for basic and enhanced motor vehicle inspection and maintenance (I/M) in applicable ozone nonattainment areas. On October 28, 2009, the California Air Resources Board amended the 2009 I/M Revision to include revised enhanced performance program evaluations for six nonattainment areas. Approved elements of the 2009 I/M Revision, as amended on October 28, 2009, include a discussion of each of the required design elements of the I/M program; description of the current geographic coverage of the program; I/M-related statutes and regulations; enhanced I/M performance standard evaluations for the urbanized areas within six California ozone nonattainment areas (South Coast Air Basin, San Joaquin Valley, Sacramento Metro, Coachella Valley, Ventura County, and Western Mojave Desert); basic I/M performance standard evaluation for the urbanized area within the San Francisco Bay Area ozone nonattainment area; and emission analyzer specifications and test procedures, including BAR-97 specifications. The 2009 I/M Revision, as amended on October 28, 2009, meets the requirements of sections 182(a)(2)(B) and 182(c)(3) of the Clean Air Act, as amended in 1990, and 40 CFR part 51, subpart S and is approved as a revision to the California State Implementation Plan.
§ 52.242   Disapproved rules and regulations.
(a) The following Air Pollution Control District rules are disapproved because they do not meet the requirements of section 110 of the Clean Air Act.
(1) South Coast Air Quality Management District.
(i) Rule 1623, Credits for Lawn and Garden Equipment, submitted on August 28, 1996 and adopted on May 10, 1996.
(ii) Rule 118, Emergencies, submitted on May 21, 1998.
(iii) Rule 1175, “Control of Emissions from the Manufacturing of Polymeric Cellular (Foam) Products,” submitted on March 7, 2008 and adopted on September 7, 2007.
(iv) Rule 511.1, “Subpoenas,” submitted on February 7, 1989.
(v) Rule 503.1, “Ex Parte Petitions for Variances,” submitted on February 7, 1989.
(vi) Rule 504, “Rules from which Variances Are Not Allowed,” submitted on May 13, 1991.
(vii) Rule 1610, “Old-Vehicle Scrapping,” submitted on June 3, 1997.
(viii) Rule 2202, “On-Road Motor Vehicle Mitigation Options,” submitted on June 3, 1999.
(2) Antelope Valley Air Pollution Control District.
(i) Rule 118, Emergencies, submitted on March 10, 1998.
(3) Imperial County Air Pollution Control District.
(i) Rule 401, Opacity of Emissions submitted on May 26, 2000. Rule 401 submitted on June 9, 1987, is retained.
(4) San Joaquin Valley Unified Air Pollution Control District.
(i) Rule 4101, Visible Emissions, submitted on December 6, 2001 and adopted on November 15, 2001.
(5) Kern County Air Pollution Control District.
(i) Rule 203, Transfer, submitted on July 23, 1996 and amended on May 2, 1996. Rule 203, submitted on June 30, 1972, is retained.
(6) Monterey Bay Unified Air Pollution Control District
(i) Rule 400, Visible Emissions, submitted on March 7, 2008. Rule 400 submitted on January 15, 2004, is retained.
§ 52.243   Interim approval of the Carbon Monoxide plan for the South Coast.
The Carbon Monoxide plan for the Los Angeles-South Coast Air Basin is approved as meeting the provisions of sections 171(1), 172(c)(2), and 187(a)(7) for quantitative milestones and reasonable further progress, and the provisions of section 187(a)(7) for attainment demonstration. This approval expires on August 7, 1998, or earlier if by such earlier date the State has submitted as a SIP revision a demonstration that the carbon monoxide emission reduction credits for the enhanced motor vehicle inspection and maintenance program are appropriate and that the program is otherwise in compliance with the Clean Air Act and EPA takes final action approving that revision, as provided by section 348(c) of the National Highway System Designation Act (Public Law 104-59).
§ 52.244   Motor vehicle emissions budgets.
(a) Approval of the motor vehicle emissions budgets for the following ozone rate-of-progress and attainment SIPs will apply for transportation conformity purposes only until new budgets based on updated planning data and models have been submitted and EPA has found the budgets to be adequate for conformity purposes.
(1) Antelope Valley, approved January 8, 1997;
(2) Coachella, approved January 8, 1997;
(3) Kern, approved January 8, 1997;
(4) Mojave, approved January 8, 1997;
(5) Sacramento, approved January 8, 1997;
(6) South Coast, approved April 10, 2000;
(7) Ventura, approved January 8, 1997.
(8) South Coast, approved October 31, 2019.
(9) Ventura County, approved March 30, 2020.
(10) Imperial, approved March 30, 2020.
(11) Coachella Valley, approved October 16, 2020.
(12) Nevada County (Western part), approved June 21, 2021.
(13) West Mojave Desert, approved October 27, 2021.
(b) Approval of the motor vehicle emissions budgets for the following ozone maintenance SIP will apply for transportation conformity purposes only until new budgets based on updated planning data and models have been submitted and EPA has found the budgets to be adequate for conformity purposes.
(1) Monterey, approved January 17, 1997.
(2) [Reserved]
(c) Approval of the motor vehicle emissions budgets for the following carbon monoxide maintenance SIPs will apply for transportation conformity purposes only until new budgets based on updated planning data and models have been submitted and EPA has found the budgets to be adequate for conformity purposes.
(1) Bakersfield, approved March 31, 1998;
(2) Chico, approved March 31, 1998;
(3) Fresno, approved March 31, 1998;
(4) Lake Tahoe-North, approved March 31, 1998;
(5) Lake Tahoe-South, approved March 31, 1998;
(6) Modesto, approved March 31, 1998;
(7) Sacramento, approved March 31, 1998;
(8) San Diego, approved March 31, 1998;
(9) San Francisco Bay Area, approved March 31, 1998;
(10) Stockton, approved March 31, 1998.
(d) Approval of the motor vehicle emissions budgets for the following nitrogen dioxide maintenance SIP will apply for transportation conformity purposes only until new budgets based on updated planning data and models have been submitted and EPA has found the budgets to be adequate for conformity purposes.
(1) South Coast, approved on July 24, 1998.
(2) [Reserved]
(e) Approval of the motor vehicle emissions budgets for the following PM-10 reasonable further progress and attainment SIPs will apply for transportation conformity purposes only until new budgets based on updated planning data and models have been submitted and EPA has found the budgets to be adequate for conformity purposes.
(1) South Coast, approved April 18, 2003.
(2) Coachella Valley, approved April 18, 2003.
(f) Approval of the motor vehicle emissions budgets for the following PM 2.5 reasonable further progress or attainment SIPs will apply for transportation conformity purposes only until new budgets based on updated planning data and models have been submitted and EPA has found the budgets to be adequate for conformity purposes.
(1) San Joaquin Valley, for the 2006 PM 2.5 NAAQS only (but excluding 2026 budgets), approved August 21, 2020.
(2) San Joaquin Valley, for the 2012 PM 2.5 NAAQS only (Year 2022 budgets only), approved December 27, 2021.
(3) San Joaquin Valley, for the 1997 24-hour PM 2.5 NAAQS only (years 2017 and 2020 budgets only), approved February 28, 2022.
(4) San Joaquin Valley, for the 1997 annual PM 2.5 NAAQS only (years 2020 and 2023 budgets only), approved January 16, 2024.
§ 52.245   New Source Review rules.
(a) Approval of the New Source Review rules for the San Joaquin Valley Unified Air Pollution Control District Rules 2020 and 2201 as approved on May 17, 2004 in § 52.220(c)(311)(i)(B)( 1 ), and in effect for Federal purposes from June 16, 2004 through June 10, 2010, is limited, as it relates to agricultural sources, to the extent that the permit requirements apply:
(1) To agricultural sources with potential emissions at or above a major source applicability threshold; and
(2) To agricultural sources with actual emissions at or above 50 percent of a major source applicability threshold.
(b) Approval of the New Source Review rules for the San Joaquin Valley Unified Air Pollution Control District Rules 2020 and 2201 as approved on May 17, 2004 in § 52.220(c)(311)(i)(B)( 1 ), and in effect for Federal purposes from June 16, 2004 through June 10, 2010, is limited, as it relates to agricultural sources, to the extent that the emission offset requirements apply to major agricultural sources and major modifications of such sources.
(c) By May 7, 2016, the New Source Review rules for PM 2.5 for the San Joaquin Valley Unified Air Pollution Control District must be revised and submitted as a SIP revision. The rules must satisfy the requirements of sections 189(b)(3) and 189(e) and all other applicable requirements of the Clean Air Act for implementation of the 1997 PM 2.5 NAAQS.
(d) By August 14, 2017, the New Source Review rules for PM 2.5 for the South Coast Air Quality Management District must be revised and submitted as a SIP revision. The rules must satisfy the requirements of sections 189(b)(3) and 189(e) and all other applicable requirements of the Clean Air Act for implementation of the 2006 PM 2.5 NAAQS.
(e) By February 21, 2017, the New Source Review rules for PM 2.5 for the San Joaquin Valley Unified Air Pollution Control District must be revised and submitted as a SIP revision. The rules must satisfy the requirements of sections 189(b)(3) and 189(e) and all other applicable requirements of the Clean Air Act for implementation of the 2006 PM 2.5 NAAQS.
(f) Within 18 months after the effective date of the reclassification of the San Joaquin Valley nonattainment area from Moderate to Serious for the 2012 PM 2.5 NAAQS, the New Source Review rules for PM 2.5 for the San Joaquin Valley Unified Air Pollution Control District must be revised and submitted as a SIP revision. The rules must satisfy the requirements of sections 189(b)(3) and 189(e) and all other applicable requirements of the Clean Air Act for implementation of the 2012 PM 2.5 NAAQS in nonattainment areas classified as Serious.
§ 52.246   Control of dry cleaning solvent vapor losses.
(a) For the purpose of this section, “dry cleaning operation” means that process by which an organic solvent is used in the commercial cleaning of garments and other fabric materials.
(b) This section is applicable in the Metropolitan Los Angeles, Sacramento Valley, and San Joaquin Valley Intrastate Air Quality Control Regions (the “Regions”), as described in 40 CFR part 81, dated July 1, 1979, except as follows:
(1) In the following portions of the Sacramento Valley Region, this section is rescinded:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
(iii) Yuba County APCD.
(iv) Sutter County APCD.
(2) In the following portions of the Metropolitan Los Angeles Intrastate Region, this section is rescinded:
(i) Ventura County APCD.
(3) In the following portions of the San Joaquin Valley Intrastate Region, this section is rescinded:
(i) San Joaquin County APCD.
(ii) Stanislaus County APCD.
(iii) Tulare County APCD.
(iv) Fresno County APCD.
(c) Any dry cleaning establishment that uses solvents containing 4 percent or more by volume of any reactive organic material listed under paragraphs (k) (1), (2), and (3) of § 52.254 except perchloroethylene or any saturated halogenated hydrocarbon shall reduce the emissions of the discharged organics by 90 percent by use of activated carbon adsorption, or other appropriate means, not later than January 1, 1975.
(d) If incineration is used as a control technique, 90 percent or more of the carbon in the organic compounds being incinerated must be oxidized to carbon dioxide.
§ 52.247   Control Strategy and regulations: Fine Particle Matter.
(a) Determination of Attainment: Effective February 8, 2013, EPA has determined that, based on 2009 to 2011 ambient air quality data, the San Francisco Bay Area PM 2.5 nonattainment area has attained the 2006 24-hour PM 2.5 NAAQS. This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment for as long as this area continues to attain the 2006 24-hour PM 2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 PM 2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn.
(b) Determination of Attainment: Effective February 11, 2013, EPA has determined that, based on 2009 to 2011 ambient air quality data, the Yuba City-Marysville PM 2.5 nonattainment area has attained the 2006 24-hour PM 2.5 NAAQS. This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment for as long as this area continues to attain the 2006 24-hour PM 2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 PM 2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn.
(c) Determination of Attainment: Effective August 14, 2013, EPA has determined that, based on 2010 to 2012 ambient air quality data, the Sacramento PM 2.5 nonattainment area has attained the 2006 24-hour PM 2.5 NAAQS. This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment for as long as this area continues to attain the 2006 24-hour PM 2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 24-hour PM 2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn.
(d) Determination of Attainment: Effective October 10, 2013, EPA has determined that, based on 2010 to 2012 ambient air quality data, the Chico PM 2.5 nonattainment area has attained the 2006 24-hour PM 2.5 NAAQS. This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment for as long as this area continues to attain the 2006 24-hour PM 2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 24-hour PM 2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn.
(e) By August 14, 2017, California must adopt and submit a Serious Area plan to provide for attainment of the 2006 PM 2.5 NAAQS in the South Coast PM 2.5 nonattainment area. The Serious Area plan must include emissions inventories, an attainment demonstration, best available control measures, a reasonable further progress plan, quantitative milestones, contingency measures, and such other measures as may be necessary or appropriate to provide for attainment of the 2006 PM 2.5 NAAQS by the applicable attainment date, in accordance with the requirements of subparts 1 and 4 of part D, title I of the Clean Air Act.
(f) [Reserved]
(g) Determination of Attainment: Effective August 24, 2016, the EPA has determined that, based on 2011 to 2013 ambient air quality data, the South Coast PM 2.5 nonattainment area has attained the 1997 annual and 24-hour PM 2.5 NAAQS. This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures and other planning SIPs related to attainment for as long as this area continues to attain the 1997 annual and 24-hour PM 2.5 NAAQS. If the EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 1997 PM 2.5 NAAQS, the corresponding determination of attainment for the area shall be withdrawn.
(h) Determination of Failure to Attain: Effective December 23, 2016, the EPA has determined that the San Joaquin Valley Serious PM 2.5 nonattainment area failed to attain the 1997 annual and 24-hour PM 2.5 NAAQS by the applicable attainment date of December 31, 2015. This determination triggers the requirements of CAA sections 179(d) and 189(d) for the State of California to submit a revision to the California SIP for the San Joaquin Valley to the EPA by December 31, 2016. The SIP revision must, among other elements, demonstrate expeditious attainment of the 1997 PM 2.5 NAAQS within the time period provided under CAA section 179(d) and that provides for annual reduction in the emissions of direct PM 2.5 or a PM 2.5 plan precursor pollutant within the area of not less than five percent until attainment.
(i) Determination of attainment. Effective May 12, 2017, EPA has determined that, based on 2013 to 2015 ambient air quality data, the Imperial County PM 2.5 nonattainment area has attained the 2006 24-hour PM 2.5 NAAQS. Under the provisions of EPA's PM 2.5 implementation rule (see 40 CFR 51.1015), this determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment for as long as this area continues to attain the 2006 24-hour PM 2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 24-hour PM 2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn.
(j) Determination of attainment. Effective June 9, 2017, the EPA has determined that, based on 2013 to 2015 ambient air quality data, the Chico, CA PM 2.5 nonattainment area has attained the 2006 24-hour PM 2.5 NAAQS by the applicable attainment date of December 31, 2015. Therefore, the EPA has met the requirement pursuant to CAA section 188(b)(2) to determine whether the area attained the standard. The EPA also has determined that the Chico, CA nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 188(b)(2).
(k) Determination of attainment. Effective June 9, 2017, the EPA has determined that, based on 2013 to 2015 ambient air quality data, the Imperial County, CA PM 2.5 nonattainment area has attained the 2006 24-hour PM 2.5 NAAQS by the applicable attainment date of December 31, 2015. Therefore, the EPA has met the requirement pursuant to CAA section 188(b)(2) to determine whether the area attained the standard. The EPA also has determined that the Imperial County, CA nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 188(b)(2).
(l) Determination of attainment. Effective June 9, 2017, the EPA has determined that, based on 2013 to 2015 ambient air quality data, the Sacramento, CA PM 2.5 nonattainment area has attained the 2006 24-hour PM 2.5 NAAQS by the applicable attainment date of December 31, 2015. Therefore, the EPA has met the requirement pursuant to CAA section 188(b)(2) to determine whether the area attained the standard. The EPA also has determined that the Sacramento, CA nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 188(b)(2).
(m) Determination of attainment. Effective June 9, 2017, the EPA has determined that, based on 2013 to 2015 ambient air quality data, the San Francisco Bay, CA PM 2.5 nonattainment area has attained the 2006 24-hour PM 2.5 NAAQS by the applicable attainment date of December 31, 2015. Therefore, the EPA has met the requirement pursuant to CAA section 188(b)(2) to determine whether the area attained the standard. The EPA also has determined that the San Francisco Bay, CA nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 188(b)(2).
(n) Determination of Failure to Attain: Effective October 16, 2020, the EPA has determined that the Los Angeles-South Coast Air Basin Serious PM 2.5 nonattainment area failed to attain the 2006 24-hour PM 2.5 NAAQS by the applicable attainment date of December 31, 2019. This determination triggers the requirements of CAA sections 179(d) and 189(d) for the State of California to submit a revision to the California SIP for the Los Angeles-South Coast Air Basin to the EPA by December 31, 2020. The SIP revision must, among other elements, demonstrate expeditious attainment of the 2006 24-hour PM 2.5 NAAQS within the time period provided under CAA section 179(d) and that provides for annual reduction in the emissions of direct PM 2.5 or a PM 2.5 plan precursor pollutant within the area of not less than five percent until attainment.
(o) Within 18 months after the effective date of the reclassification of the reclassification of the San Joaquin Valley nonattainment area from Moderate to Serious for the 2012 PM 2.5 NAAQS, California must adopt and submit an emissions inventory and provisions to assure that BACM shall be implemented no later than four years after the date of reclassification. Also, by December 31, 2023, California must adopt and submit a Serious area plan that includes an attainment demonstration, a reasonable further progress plan, quantitative milestones, contingency measures, and such other measures as may be necessary or appropriate to provide for attainment of the 2012 PM 2.5 NAAQS by the applicable attainment date, in accordance with the requirements of subparts 1 and 4 of part D, title I of the Clean Air Act.
(p) Determination of Attainment: Effective February 28, 2022, the EPA has determined that, based on 2018 to 2020 ambient air quality data, the San Joaquin Valley PM 2.5 nonattainment area has attained the 1997 24-hour PM 2.5 NAAQS by the applicable attainment date of December 31, 2020. Therefore, the EPA has met the requirement pursuant to CAA sections 179(c)(1) and 188(b)(2) to determine whether the area attained the standard. The EPA has also determined that, based on the determination of attainment by the applicable attainment date, the requirement of CAA section 172(c)(9) to provide for contingency measures no longer applies to the San Joaquin Valley area for the 1997 24-hour PM 2.5 NAAQS.
(q) Determination of attainment. Effective February 10, 2023, the EPA has determined that, based on 2019 to 2021 ambient air quality data, the Imperial County PM 2.5 nonattainment area has attained the 2012 annual PM 2.5 NAAQS. Under the provisions of the EPA's PM 2.5 implementation rule (see 40 CFR 51.1015), this determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment for as long as this area continues to attain the 2012 annual PM 2.5 NAAQS. If the EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2012 annual PM 2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn.
§ 52.248   Identification of plan—conditional approval.
(a) The EPA is conditionally approving a California State Implementation Plan (SIP) revision submitted on November 13, 2015 updating the motor vehicle emissions budgets for nitrogen oxides (NO X ) and coarse particulate matter (PM 10 ) for the 1987 24-hour PM 10 standard for the San Joaquin Valley PM 10 maintenance area. The conditional approval is based on a commitment from the State to submit a SIP revision that demonstrates full implementation of the contingency provisions of the 2007 PM 10 Maintenance Plan and Request for Redesignation (September 20, 2007). If the State fails to meet its commitment by June 1, 2017, the approval is treated as a disapproval.
(b)-(c) [Reserved]
(d)(1) The EPA is conditionally approving portions of the California SIP revisions submitted on July 11, 2007 and September 9, 2015, demonstrating control measures in the Mojave Desert portion of the Los Angeles-San Bernardino Counties (West Mojave Desert) nonattainment area implement RACT for the 1997 and 2008 ozone standards. The conditional approval is based on a commitment from the state to submit new or revised rules that will correct deficiencies in the following rules for the Mojave Desert Air Quality Management District:
(i)-(vii) [Reserved]
(viii) Rule 1160, Internal Combustion Engines;
(ix)-(x) [Reserved]
(2) If the State fails to meet its commitment by January 31, 2019, the conditional approval is treated as a disapproval.
(e)-(g) [Reserved]
(h) The EPA is conditionally approving the California State Implementation Plan (SIP) for the South Coast for the 2008 ozone NAAQS with respect to the reasonable further progress (RFP) contingency measure requirements of CAA sections 172(c)(9) and 182(c)(9). The conditional approval is based on a commitment from the South Coast Air Quality Management District (District) in a letter dated January 29, 2019, and clarified in a letter dated May 2, 2019, to adopt specific rule revisions, and a commitment from the California Air Resources Board (CARB) dated February 13, 2019 to submit the amended District rule or rules to the EPA within 12 months of the effective date of the final conditional approval. If the District or CARB fail to meet their commitments within one year of the effective date of the final conditional approval, the conditional approval is treated as a disapproval.
(i)-(k) [Reserved]
(l) The EPA is conditionally approving the California State Implementation Plan (SIP) for Nevada County (Western part) for the 2008 ozone NAAQS with respect to the contingency measures requirements of CAA sections 172(c)(9) and 182(c)(9). The conditional approval is based on a commitment from the Northern Sierra Air Quality Management District (District) in a letter dated October 26, 2020, to adopt a specific rule revision, and a commitment from the California Air Resources Board (CARB) dated November 16, 2020, to submit the amended District rule to the EPA within 12 months of the effective date of the final conditional approval. If the District or CARB fail to meet their commitments within one year of the effective date of the final conditional approval, the conditional approval is treated as a disapproval.
(m) The EPA is conditionally approving the California State Implementation Plan (SIP) for Eastern Kern for the 2008 ozone NAAQS with respect to the contingency measures requirements of CAA sections 172(c)(9) and 182(c)(9). The conditional approval is based on a commitment from the Eastern Kern Air Pollution Control District (District) in a letter dated September 1, 2020, to adopt a specific rule revision or revisions, and a commitment from the California Air Resources Board (CARB) dated September 18, 2020, to submit the amended District rule or rules to the EPA within 12 months of the final conditional approval. If the District or CARB fail to meet their commitments within one year of the final conditional approval, the conditional approval is treated as a disapproval.
§§ 52.249-52.251   [Reserved]
§ 52.252   Control of degreasing operations.
(a) “Degreasing” means any operation using an organic solvent as a surface cleaning agent prior to fabricating, surface coating, electroplating, or any other process.
(b) This section is applicable in the Sacramento Valley, San Joaquin Valley, and San Francisco Bay Area Intrastate Air Quality Control Regions (the “Regions”), as described in 40 CFR part 81, dated July 1, 1979, except as follows:
(1) In the following portions of the Sacramento Valley Region, this section is rescinded:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
(iii) Yuba County APCD.
(iv) Sutter County APCD.
(c) Any organic emissions discharged from degreasing operations must either be reduced by at least 85 percent, or the degreasing solvent must be classified as non-photochemically reactive as defined by paragraph (k) of § 52.254 not later than January 1, 1975. This regulation shall not be construed as lessening any emission control requirement specified under EPA approved regulations or § 52.254. Degreasing operations using perchloroethylene or saturated halogenated hydrocarbons shall be exempt from the requirements of this section.
§ 52.253   Metal surface coating thinner and reducer.
(a) All terms defined in § 52.254 are used herein with the meanings so defined.
(b) This section is applicable in the Metropolitan Los Angeles, San Diego, Sacramento Valley, San Joaquin Valley, and San Francisco Bay Area Intrastate Air Quality Control Regions (the “Regions”), as described in 40 CFR part 81, dated July 1, 1979, except as follows:
(1) In the following portions of the Sacramento Valley Intrastate Region, this section is either fully rescinded or partially rescinded subject to the conditions specified as follows:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
(iii) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Yolo-Solano County Rule 2.25 submitted on February 25, 1980.
(iv) Yuba County APCD.
(v) Sutter County APCD.
(2) In the following portions of the Metropolitan Los Angeles Intrastate Region, this section is either fully rescinded or partially rescinded subject to the conditions specified as follows:
(i) This section is fully rescinded for the Ventura County APCD.
(ii) This section is rescinded for magnet wire insulators, can and coil coaters, metal parts coaters, and auto assembly line coaters which are subject to and in full compliance with Rules 1107, 1115, 1125, and 1126 in the South Coast AQMD.
(iii) This section is rescinded for metal parts coaters that are subject to and in full compliance with Rule 330 submitted on October 18, 1979, in the Santa Barbara County APCD.
(3) In the following portions of the San Joaquin Valley Intrastate Region, this section is rescinded for certain sources subject to the conditions specified:
(i) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Kern County Rule 410.4, submitted on October 15, 1979.
(ii) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Madera County APCD's Rule 410.4 submitted on October 10, 1980.
(iii) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Merced County Rule 409.4 submitted on October 10, 1980.
(iv) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with San Joaquin County Rule 409.4 submitted on October 10, 1980.
(v) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Stanislaus County Rule 410.4 submitted on October 10, 1980.
(vi) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Tulare County Rule 410.4 submitted on October 10, 1980.
(vii) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Kings County Rule 410.4 submitted on October 10, 1980.
(viii) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Fresno County Rule 409.4 submitted on October 15, 1979.
(4) In the San Francisco Bay Area Intrastate Region this section is rescinded for certain operations, subject to the conditions specified below:
(i) This section is rescinded for metal container, closure and coil coating operations, light and medium-duty motor vehicle assembly plants, large appliance and metal furniture coaters, and miscellaneous metal parts and products coating operations, which are subject to and in full compliance with Rules 11, 13, 14, and 19 of Regulation 8 in the Bay Area AQMD.
(5) In the San Diego Intrastate Region, this section is rescinded:
(i) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with San Diego APCD Rule 67.3, submitted on October 25, 1979.
(c) The composition of the organics in all metal surface coating thinners and reducers that are manufactured after January 1, 1975, and are used in the Regions, shall conform to paragraph (k) of § 52.254 so as to be defined as a nonphotochemically reactive solvent.
(d) After July 1975, the composition of the organics in all metal surface coating thinners and reducers that are used in the Regions, shall conform to paragraph (k) of § 52.254 so as to be defined as a non-photochemically reactive solvent.
(e) If there is an inadequate supply of necessary solvent ingredients needed in the manufacture of metal surface coating thinners and reducers for the purpose of meeting the composition requirements of this section in the time constraint required by this section; then evidence of such a supply inadequacy must be presented to the Administrator by the manufacturers of the metal surface coating thinners and reducers, so that the Administrator may grant to the industry an appropriate implementation time extension for meeting the requirements of this section, if and as warranted by the evidence presented.
§ 52.254   Organic solvent usage.
(a) This section is applicable in the Sacramento Valley, San Francisco Bay Area, and San Joaquin Valley Intrastate Air Quality Control Regions (the “Regions”), as described in 40 CFR part 81, dated July 1, 1979, except as follows:
(1) In the following portions of the San Joaquin Valley Region, only the hourly emission limitations contained in paragraphs (b), (c), and (d) of this section are in effect; the following paragraphs, needed for interpretation are also in effect: Paragraphs (e) through (l) and (o) through (q) of this section. In addition, this section is entirely rescinded for specific operations for some of the counties noted below:
(i) This section is rescinded entirely for metal parts and products coaters which are subject to and in full compliance with Rule 409.4 for the Fresno County APCD, Rule 410.4 for the Kings County APCD, Rule 410.4 for the Madera County APCD, Rule 409.4 for the Merced County APCD, Rule 409.4 for the San Joaquin County APCD, Rule 409.4 for the Stanislaus County APCD, and Rule 410.4 for the Tulare County APCD.
(ii) Kern County APCD. This section is rescinded entirely for metal parts and product coaters which are subject to and in full compliance with Rule 410.4.
(iii) Fresno County APCD.
(iv) San Joaquin County APCD.
(v) Madera County APCD.
(vi) Merced County APCD.
(2) In the following portions of the San Joaquin Valley Region, only the hourly emission limitations contained in paragraphs (b), (c), and (d) of this section and the architectural coatings and solvent disposal emission limitations contained in paragraphs (m) and (n) of this section are in effect; the following paragraphs, needed for interpretation and enforcement of these emission limitations, are also in effect: Paragraphs (e) through (l) and (o) through (q) of this section.
(i) Kings County APCD.
(3) In the following portions of the Sacramento Valley Region, this section is rescinded:
(i) Sacramento County APCD.
(ii) Yolo-Solano APCD.
(iii) Shasta County APCD.
(iv) Placer County APCD (Mountain Counties Air Basin portion).
(v) Yuba County APCD.
(vi) Sutter County APCD.
(vii) El Dorado County (Mountain Counties Air Basin portion).
(4) This section is rescinded for the San Francisco Bay Area Intrastate Region except for paragraph (d), which is retained until December 31, 1982 for sources constructed prior to October 2, 1974. The following paragraphs, needed for interpretation and enforcement of paragraph (d) are also in effect: Paragraphs (e) through (l) and (o) through (q) of this section.
(5) In the following portions of the Sacramento Valley Intrastate Region, paragraph (m) of this section is rescinded.
(i) Butte County APCD.
(ii) Sutter County APCD.
(b) No person shall discharge into the atmosphere more than 15 pounds of organic materials in any 1 day or more than 3 pounds in any 1 hour from any article, machine, equipment, or other contrivance in which any organic solvent or any material containing organic solvent comes into contact with flame or is baked, heat-cured, or heat-polymerized in the presence of oxygen, unless said discharge has been reduced by at least 85 percent. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing continuous web, strip, or wire that emit organic materials in the course of using operations described in this section shall be collectively subject to compliance with this section.
(c) A person shall not discharge to the atmosphere more than 40 pounds of organic materials in any 1 day or more than 8 pounds in any 1 hour from any article, machine, equipment, or other contrivance used under conditions other than those described in paragraph (b) of this section for employing or applying any photochemically reactive solvent, as defined in paragraph (k) of this section, or material containing such photochemically reactive solvent, unless said discharge has been reduced by at least 85 percent. Emissions of organic materials into the atmosphere resulting from air- or heated-drying of products for the first 12 hours after their removal from any article, machine, or other contrivance described in this section shall be included in determining compliance with this paragraph. Emissions resulting from baking, heat-curing, or heat-polymerizing as described in paragraph (b) of this section shall be excluded from determination of compliance with this section. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing a continuous web, strip, or wire that emit organic materials in the course of using operations described in this section shall be collectively subject to compliance with this section.
(d) A person shall not, after August 31, 1976, discharge into the atmosphere more than 3,000 pounds of organic materials in any 1 day or more than 450 pounds in any 1 hour from any article, machine, equipment, or other contrivance in which any non-photochemically reactive organic solvent or any material containing such a solvent is employed or applied, unless said discharge has been reduced by at least 85 percent. Emissions of organic materials into the atmosphere resulting from air- or heated-drying of products for the first 12 hours after their removal from any article, machine, equipment, or other contrivance described in this section shall be included in determining compliance with this section. Emissions resulting from baking, heat-curing, or heat-polymerizing as described in paragraph (b) of this section shall be excluded from determination of compliance with this section. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing a continuous web, strip, or wire that emit organic materials in the course of using operations described in this section shall be collectively subject to compliance with this section.
(e) Emissions of organic materials to the atmosphere from the cleaning with photochemically reactive solvent, as defined in paragraph (k) of this section, of any article, machine, equipment, or other contrivance described in paragraph (b), (c), or (d) of this section, shall be included with the other emissions of organic materials for determining compliance with this rule.
(f) Emissions of organic materials into the atmosphere required to be controlled by paragraph (b), (c), or (d) of this section, shall be reduced by:
(1) Incineration, provided that 90 percent or more of the carbon in the organic material being incinerated is oxidized to carbon dioxide, or
(2) Adsorption, or
(3) Processing in a manner determined by the Administrator to be not less effective than the methods outlined in paragraph (f) (1) or (2) of this section.
(g) A person incinerating, adsorbing, or otherwise processing organic materials pursuant to this section shall provide, properly install and maintain in calibration, in good working order and in operation, devices as specified in the authority to construct or permit to operate, or as specified by the Administrator, for indicating temperatures, pressures, rates of flow, or other operating conditions necessary to determine the degree and effectiveness of air pollution control.
(h) Any person using organic solvents or any materials containing organic solvents shall supply the Administrator upon request and in the manner and form prescribed by him, written evidence of the chemical composition, physical properties, and amount consumed for each organic solvent used.
(i) The provisions of this section shall not apply to:
(1) The manufacture of organic solvents, or the transport or storage of organic solvents or materials containing organic solvents.
(2) The use of equipment for which other requirements are specified by rules or which are exempted from air pollution control requirements by applicable rules affecting the storage of petroleum products, effluent oil-water separators, and the transfer of gasoline.
(3) The spraying or other employment of insecticides, pesticides, or herbicides.
(4) The employment, application, evaporation, or drying of saturated halogenated hydrocarbons or perchloroethylene.
(5) The use of any material in any article, machine, equipment, or other contrivance described in paragraph (b), (c), (d), or (e) of this section, if:
(i) The volatile content of such materials consists only of water and organic solvent, and
(ii) The organic solvents comprise not more than 20 percent by volume of said volatile content, and
(iii) The volatile content is not photochemically reactive as defined in paragraph (k) of this section, and
(iv) The organic solvent or any material containing organic solvent does not come into contact with flame.
(6) The use of any material in any article, machine, equipment or other contrivance described in paragraph (b), (c), (d), or (e) of this section, if:
(i) The organic solvent content of such material does not exceed 30 percent by volume of said material; this to be effective until January 1, 1977. After January 1, 1977, the organic solvent content of such material must not exceed 20 percent by volume of said material.
(ii) The volatile content is not photochemically reactive as defined in paragraph (k) of this section, and
(iii) The organic solvent or any material containing organic solvent does not come into contact with flame. This last stipulation applies only for those articles, machines, equipment, or contrivances that are constructed or modified after the effective date of this section.
(j) For the purposes of this section, organic solvents include diluents, thinners, and reducers and are defined as organic materials that are liquids at standard conditions and are used as dissolvers, viscosity reducers, or cleaning agents, except that such materials exhibiting a boiling point higher than 220 °F at 0.5 millimeter mercury absolute pressure or having an equivalent vapor pressure shall not be considered to be solvents unless exposed to temperatures exceeding 220 °F.
(k) For the purpose of this section, a photochemically reactive solvent is any solvent with an aggregate of more than 20 percent of its total volume composed of the chemical compounds classified below or which exceeds any of the following individual percentage composition limitations, referred to the total volume of solvent:
(1) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones having an olefinic or cycloolefinic type of unsaturation; 5 percent;
(2) A combination of aromatic compounds with 8 or more carbon atoms to the molecule except ethylbenzene, phenyl acetate, and methyl benzoate; 8 percent;
(3) A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichloroethylene or toluene: 20 percent.
(l) For the purpose of this section, organic materials are defined as chemical compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbonates, and ammonium carbonate.
(m) Architectural coatings and their use shall conform to the following requirements, on or before January 1, 1975:
(1) A person shall not sell or offer for sale or use in the areas in which this section applies, in containers of 1-quart capacity or larger, any architectural coating containing photochemically reactive solvent, as defined in paragraph (k) of this section.
(2) A person shall not employ, apply, evaporate, or dry in the areas in which this section applies, any architectural coating purchased in containers of 1-quart capacity or larger containing photochemically reactive solvent, as defined in paragraph (k) of this section.
(3) A person shall not thin or dilute any architectural coating with a photochemically reactive solvent, as defined in paragraph (k) of this section.
(4) For the purpose of this section, an architectural coating is defined as a coating used for residential or commercial buildings and their appurtenances, or for industrial buildings.
(n) A person shall not during any one day dispose of a total of more than 1.5 gallons of any photochemically reactive solvent as defined in paragraph (k) of this section, or of any material containing more than 1.5 gallons of any such photochemically reactive solvent by any means that will permit the evaporation of such solvent into the atmosphere.
(o) Compliance schedule. (1) Except where other final compliance dates are provided in this section, the owner or operator of any stationary source subject to this section shall comply with this section on or before March 31, 1974. In any event:
(i) Any owner or operator in compliance with this section on the effective date of this section shall certify such compliance to the Administrator no later than 120 days following the effective date of this section.
(ii) Any owner or operator who achieves compliance with this section after the effective date of this section shall certify such compliance to the Administrator within 5 days of the date compliance is achieved.
(p) Any owner or operator of a stationary source subject to paragraph (o)(1) of this section may, not later than 120 days following the effective date of this section, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with the provisions in paragraph (o)(1) of this section as expeditiously as practicable but no later than July 31, 1975. The compliance schedule shall provide for increments of progress toward compliance. The dates for achievement of such increments of progress shall be specified. Increments of progress shall include, but not be limited to:
(q) Any owner or operator who submits a compliance schedule pursuant to this section shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met.
§ 52.255   Gasoline transfer vapor control.
(a) “Gasoline” means any petroleum distillate having a Reid vapor pressure of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Los Angeles and Sacramento Valley Intrastate Air Quality Control Regions, as described in 40 CFR part 81, dated July 1, 1979, with the following exceptions:
(1) The control requirements of this section are limited to facilities with a total throughput less than 20,000 gallons per day, the refilling of delivery vessels at these facilities, and storage containers serviced by these facilities for those air pollution control districts identified below.
(i) Ventura County APCD.
(2) The control requirements of this section are rescinded in the following air pollution control districts.
(i) South Coast AQMD.
(ii) Santa Barbara County APCD.
(iii) Placer County APCD (Mountain Counties Air Basin portion).
(iv) Sacramento County APCD.
(v) Yolo-Solano County APCD.
(vi) Butte County APCD.
(vii) Glenn County APCD.
(viii) El Dorado County APCD (Mountain Counties Air Basin portion).
(3) The control requirements of this section are rescinded in the following air pollution control districts:
(i) South Coast AQMD.
(ii)-(viii) [Reserved]
(ix) Santa Barbara County APCD.
(x) Placer County APCD (Mountain Counties Air Basin portion).
(xi) Sacramento County APCD.
(xii) Yolo-Solano County APCD.
(xiii) Butte County APCD.
(xiv) Glenn County APCD.
(c) No person shall transfer gasoline from any delivery vessel into any stationary storage container with a capacity greater than 250 gallons unless such container is equipped with a submerged fill pipe and unless the displaced vapors from the storage container are processed by a system that prevents release to the atmosphere of no less than 90 percent by weight of organic compounds in said vapors displaced from the stationary container location.
(1) The vapor recovery portion of the system shall include one or more of the following:
(i) A vapor-tight return line from the storage container to the delivery vessel and a system that will ensure that the vapor return line is connected before gasoline can be transferred into the container.
(ii) Refrigeration-condensation system or equivalent designed to recover no less than 90 percent by weight of the organic compounds in the displaced vapor.
(2) If a “vapor-tight vapor return” system is used to meet the requirements of this section, the system shall be so constructed as to be readily adapted to retrofit with an adsorption system, refrigeration-condensation system, or equivalent vapor removal system, and so constructed as to anticipate compliance with § 52.256.
(3) The vapor-laden delivery vessel shall be subject to the following conditions:
(i) The delivery vessel must be so designed and maintained as to be vapor-tight at all times.
(ii) The vapor-laden delivery vessel may be refilled only at facilities equipped with a vapor recovery system or the equivalent, which can recover at least 90 percent by weight of the organic compounds in the vapors displaced from the delivery vessel during refilling.
(iii) Facilities that do not have more than a 20,000 gallon per day throughput, and distribute less than 10% of daily volume to delivery vehicles that in turn service storage tanks that are required to have a vapor return or balance system, will not be required to comply with the provisions of paragraph (c) of this section before May 31, 1977. Facilities that service delivery vehicles that in turn deliver not more than 500,000 gallons per year to storage tanks that are required to comply with the provisions of paragraph (c) of this section will not be required to comply with the provisions of paragraph (c) of this section before January 1, 1977. Facilities that exclusively service storage tanks that do not have a required vapor return or balance system, will not be required to have a vapor recovery system.
(iv) Gasoline storage compartments of 1,000 gallons or less in gasoline delivery vehicles presently in use on the promulgation date of this regulation will not be required to be retrofitted with a vapor return system until May 31, 1977.
(v) Storage containers served by delivery vessels filled at distribution facilities with extended compliance dates will not be required to comply with the provisions of paragraph (c) of this section until May 31, 1977.
(d) The provisions of paragraph (c) of this section shall not apply to the following:
(1) Storage containers used primarily for the fueling of implements of husbandry, if such container is equipped by May 31, 1977 with a permanent submerged fill pipe, or at the time of installation for containers installed after this date.
(2) Any storage container having a capacity of 2,000 gallons or less and installed prior to July 1, 1975, if such container is equipped with a permanent submerged fill pipe by May 31, 1977.
(3) Transfer made to storage tanks equipped with floating roofs or their equivalent.
(4) Storage containers installed after July 1, 1975 in Kings County.
(5) Storage containers installed after January 1, 1975 in Madera County.
(e) Compliance schedule:
(1) June 1, 1974—Submit to the Administrator a final control plan, which describes at a minimum the steps that will be taken by the source to achieve compliance with the provisions of paragraph (c) of this section.
(2) March 1, 1975—Negotiate and sign all necessary contracts for emission control systems, or issue orders for the purchase of component parts to accomplish emission control.
(3) May 1, 1975—Initiate on-site construction or installation of emission control equipment.
(4) February 1, 1976—Complete on-site construction or installation of emission control equipment.
(5) July 1, 1976—Assure final compliance with the provisions of paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance schedule in this paragraph shall certify to the Administrator, within 5 days after the deadline for each increment of progress, whether or not the required increment of progress has been met.
(f) Paragraph (e) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions of paragraph (c) of this section and which has certified such compliance to the Administrator by June 1, 1974. The Administrator may request whatever supporting information he considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Administrator, by June 1, 1974, a proposed alternative schedule. No such schedule may provide for compliance after March 1, 1976. If promulgated by the Administrator, such schedule shall satisfy the requirements of this section for the affected source.
(g) Nothing in this section shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (e) of this section fails to satisfy the requirements of §§ 51.261 and 51.262(a) of this chapter.
(h) Any gasoline-dispensing facility subject to this section that installs a storage tank after the effective date of this section shall comply with the requirements of paragraph (c) of this section by March 1, 1976 and prior to that date shall comply with paragraph (e) of this section as far as possible. Any facility subject to this section that installs a storage tank after March 1, 1976, shall comply with the requirements of paragraph (c) of this section at the time of installation.
§ 52.256   Control of evaporative losses from the filling of vehicular tanks.
(a) “Gasoline” means any petroleum distillate having a Reid vapor pressure of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Los Angeles and Sacramento Valley Intrastate Air Quality Control Regions, except as follows:
(1) In the following portions of the Metropolitan Los Angeles Intrastate Region, this section is rescinded.
(i) South Coast AQMD.
(ii) Santa Barbara County APCD.
(2) In the following portions of the San Joaquin Valley Intrastate Region, this section is rescinded.
(i) Kings County APCD.
(3) In the following portion of the Sacramento Valley Intrastate Region, this section is rescinded.
(i) Sacramento County APCD.
(ii) El Dorado County APCD (Mountain Counties Air Basin portion).
(iii) Placer County APCD (Mountain Counties Air Basin portion).
(c) A person shall not transfer gasoline to an automotive fuel tank from a gasoline dispensing system unless the transfer is made through a fill nozzle designed to:
(1) Prevent discharge of hydrocarbon vapors to the atmosphere from either the vehicle filler neck or dispensing nozzle;
(2) Direct vapor displaced from the automotive fuel tank to a system wherein at least 90 percent by weight of the organic compounds in displaced vapors are recovered; and
(3) Prevent automotive fuel tank overfills or spillage on fill nozzle disconnect.
(d) The system referred to in paragraph (c) of this section can consist of a vapor-tight vapor return line from the fill nozzle/filler neck interface to the dispensing tank or to an adsorption, absorption, incineration, refrigeration-condensation system or its equivalent.
(e) Components of the systems required by paragraph (c) of § 52.255 can be used for compliance with paragraph (c) of this section.
(f) If it is demonstrated to the satisfaction of the Administrator that it is impractical to comply with the provisions of paragraph (c) of this section as a result of vehicle fill neck configuration, location, or other design features for a class of vehicles, the provisions of this paragraph shall not apply to such vehicles. However, in no case shall such configuration exempt any gasoline dispensing facility from installing and using in the most effective manner a system required by paragraph (c) of this section.
(g) Compliance schedule:
(1) January 1, 1975—Submit to the Administrator a final control plan, which describes at a minimum the steps that will be taken by the source to achieve compliance with the provisions of paragraph (c) of this section.
(2) March 1, 1975—Negotiate and sign all necessary contracts for emission control systems, or issue orders for the purchase of component parts to accomplish emission control.
(3) May 1, 1975—Initiate on-site construction or installation of emission control equipment. Compliance with the requirements of paragraph (c) of this section shall be as soon as practicable, but no later than specified in paragraphs (g) (4) and (5)of this section.
(4) May 1, 1977—Complete on-site construction or installation of emission control equipment or process modification.
(5) May 31, 1977—Assure final compliance with the provisions of paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance schedule in this paragraph (g) shall certify to the Administrator, within 5 days after the deadline for each increment of progress, whether or not the required increment of progress has been met.
(h) Paragraph (g) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions of paragraph (c) of this section and which has certified such compliance to the Administrator by January 1, 1975. The Administrator may request whatever supporting information he considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Administrator, by June 1, 1974, a proposed alternative schedule. No such schedule may provide for compliance after May 31, 1977. If promulgated by the Administrator, such schedule shall satisfy the requirements of this section for the affected source.
(i) Nothing in this section shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (g) of this section fails to satisfy the requirements of §§ 51.261 and 51.262(a) of this chapter.
(j) Any gasoline dispensing facility subject to this section that installs a gasoline dispensing system after the effective date of this section shall comply with the requirements of paragraph (c) of this section by May 31, 1977, and prior to that date shall comply with paragraph (g) of this section as far as possible. Any facility subject to this section that installs a gasoline dispensing system after May 31, 1977, shall comply with the requirements of paragraph (c) of this section at the time of installation.
§§ 52.257-52.262   [Reserved]
§ 52.263   Priority treatment for buses and carpools—Los Angeles Region.
(a) Definitions:
(1) “Carpool” means a vehicle containing three or more persons.
(2) “Bus/carpool lane” means a lane on a street or highway open only to buses (or to buses and carpools), whether constructed especially for that purpose or converted from existing lanes.
(3) “Preferential treatment” for any class of vehicles, means either the setting aside of one traffic lane for the exclusive use of such vehicles or other measures (for example, access metering or setting aside the entire street), which the Administrator finds would be at least equal in VMT reduction effect to the establishment of such a lane.
(b) This regulation is applicable in the Metropolitan Los Angeles Intrastate Air Quality Control Region (the “Region”).
(c) On or before May 31, 1974, the State of California, through the State Department of Transportation or through other agencies to which legal authority has been delegated, shall establish the following system of bus/carpool lanes.
(1) Ventura/Hollywood Corridor—a concurrent flow exclusive bus/carpool lane from Topanga Canyon Boulevard, Woodland Hills (U.S. 101) to junction of the Hollywood Freeway, and contraflow on the Hollywood Freeway (U.S. 101) from the junction with Ventura Freeway in North Hollywood to Vermont Avenue, and bus preferential treatment on arterial surface streets from Vermont Avenue to the Los Angeles central business district (CBD).
(2) Harbor Freeway Corridor—contraflow on Harbor Freeway (California 11) from vicinity of Pacific Coast Highway, in Wilmington, to junction of Santa Monica Freeway (I-10), then by surface street preferential treatment to LA/CBD.
(3) Wilshire Corridor—surface street preferential bus treatment from vicinity of San Vincente Boulevard, to LA/CBD.
(4) San Bernardino Freeway Corridor-Bus/carpool lane, either contraflow, or concurrent flow on San Bernardino Freeway from El Monte terminus of existing San Bernardino Freeway bus lane (I-10), to vicinity of Ontario Airport.
(5) Priority Treatment in CBD—provide preferential treatment in CBD on surface streets to connect Wilshire and San Bernardino corridors.
(d) On or before May 31, 1976, the State of California, through the State Department of Transportation or other agencies to which legal authority has been delegated, shall establish the following system of bus and bus/carpool lanes:
(1) Contraflow lane on the Golden State Freeway (I-5) from junction of Ventura Freeway (California 134) in Los Angeles to San Bernardino Freeway (I-10).
(2) Contraflow on Pasadena Freeway (California 11) from terminus in City of Pasadena to Hollywood Freeway (U.S. 101).
(3) Contraflow on Pomona Freeway from San Gabriel Freeway (I-605) to Santa Ana Freeway (I-5).
(4) Concurrent flow in San Diego Freeway (I-405) from Ventura Freeway (U.S. 101) in Sherman Oaks to Newport Freeway (California 55), Costa Mesa.
(5) Concurrent flow on Long Beach Freeway (California 7) from Santa Ana Freeway (I-5), City of Commerce to San Diego Freeway (I-405), Long Beach.
(6) Artesia Freeway (California 91) from Santa Ana Freeway (I-5) to Long Beach Freeway (California 7), Long Beach.
(e) State III will include specific routes in other portions of the Region.
(f) On or before December 31, 1973, the State of California shall submit to the Administrator a compliance schedule showing the steps it will take to establish the system of bus/carpool lanes required by paragraphs (c) and (d) of this section, with each schedule to include the following:
(1) A schedule for the establishment of the lanes. The schedule for the lanes required by paragraph (d) of this section shall provide for the first such lane to be set aside no later than June 1, 1974.
(2) Bus/carpool lanes must be prominently indicated by overhead signs at appropriate intervals and at each intersection of entry ramps.
(3) Bus/carpool lanes must be prominently indicated by distinctive painted, pylon, or physical barriers.
(4) Vehicles using a bus/carpool lane shall have the right of way when crossing other portions of the road to enter or leave such lanes.
(5) At a minimum, the bus/carpool lanes so set aside shall operate from 6:30 a.m. to 9:30 a.m. and from 3:30 to 6:30 a.m. each weekday.
(g) No deviation from the system of bus/carpool lanes required under paragraphs (c) and (d) of this section shall be permitted except upon application made by the State of California to the Administrator at the time of submittal of compliance schedules and approved by him, which application must contain a satisfactory designation of alternate routes for the establishment of such lanes.
§§ 52.264-52.268   [Reserved]
§ 52.269   Control strategy and regulations: Photochemical oxidants (hydrocarbons) and carbon monoxide.
(a) The requirements of subpart G of this chapter are not met because the plan does not provide for attainment and maintenance of the national standards for photochemical oxidants (hydrocarbons) and carbon monoxide in the San Francisco Bay Area, San Diego, Sacramento Valley, San Joaquin Valley, and Southeast Desert Intrastate Regions by May 31, 1975.
(b) The following regulatory changes represent a relaxation of previously submitted regulations, and an adequate control strategy demonstration has not been submitted showing that the relaxation would not interfere with the attainment and maintenance of the national standards for photochemical oxidants.
(1) Mountain Counties Intrastate Region.
(i) Calaveras County APCD.
(A) The revocation of Rule 412, Organic Liquid Loading, is disapproved. Rule 412 submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
(B) The revocation of Rule 413, Effluent Oil Water Separators, is disapproved; and Rule 413 submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
(ii) Tuolumne County APCD.
(A) The revocation of Rule 413, Organic Liquid Loading, is disapproved; and Rule 413 submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
(B) The revocation of Rule 414, Effluent Oil Water Separators, is disapproved; and Rule 414 submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
(C) The revocation of Rule 413, Organic Liquid Loadings, submitted February 10, 1977, is disapproved; and the previously approved Rule 413 submitted on June 30, 1972 remains in effect.
(D) The revocation of Rule 414, Effluent Oil Water Separators, submitted on February 10, 1977, is disapproved; and the previously approved Rule 414 submitted on June 30, 1972, remains in effect.
(1-1) San Joaquin Valley Intrastate Region.
(i) Stanislaus County APCD.
(A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule 411.1 submitted on April 21, 1976 remains in effect.
(ii) Merced County APCD.
(A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule 411.1, submitted on August 2, 1976, remains in effect.
(iii) Fresno County APCD.
(A) Rules 411.1, Gasoline Transfer Into Vehicle Fuel Tanks, submitted on November 4, 1977, is disapproved; and Rule 411.1 submitted on April 21, 1976, and previously approved under 40 CFR 52.223, is retained.
(iv) Tulare County APCD.
(A) Section 412.1, Transfer of Gasoline Into Vehicle Fuel Tanks, submitted on October 13, 1977, is disapproved; and Section 412.1, submitted on April 21, 1976, and previously approved under 40 CFR 52.223, is retained.
(v) Madera County APCD.
(A) Rule 412.1, Transfer of Gasoline Into Stationary Storage Containers, submitted on October 13, 1977, is disapproved; and Rules 411, Gasoline Storage and 411.1, Transfer of Gasoline Into Stationary Storage Containers, submitted on June 30, 1972, and April 10, 1976, respectively, and previously approved under 40 CFR 52.223 are retained.
(vi) San Joaquin County APCD.
(A) Rule 411.2, Transfer of Gasoline Into Vehicle Fuel Tanks, submitted on November 4, 1977, is disapproved; and rule 411.2, submitted on February 10, 1976 and previously approved under 40 CFR 52.223, is retained.
(2) Sacramento Valley intrastate region:
(i) Sacramento County APCD.
(A) Rule 13 submitted on November 4, 1977, is disapproved.
(ii) Placer County APCD.
(A) Rule 218, Architectural Coatings, adopted on May 20, 1985 and submitted to EPA on February 10, 1986 is disapproved. The version of this rule by the same number and title submitted on July 19, 1983 and approved by EPA on May 3, 1984 is retained.
(iii) Sutter County APCD.
(A) Rule 3.15, Architectural Coatings, adopted on October 15, 1985 and submitted to EPA on February 10, 1986 is disapproved. The version of this rule by the same number and title submitted on January 1, 1981 and approved by EPA on May 3, 1982 is retained.
(3) Southeast Desert Intrastate AQCR.
(i) Los Angeles County APCD.
(A) Regulation IV, rule 465, Vacuum Producing Devices or Systems, submitted on June 6, 1977, is disapproved. Rule 74 with the same title, submitted on June 6, 1977, is disapproved. Rule 69 with the same title, submitted on June 30, 1972 and approved under 40 CFR 52.223, is retained.
(ii) Riverside County APCD.
(A) Regulation IV, rule 465, Vacuum Producing Devices or Systems, submitted on June 6, 1977, is disapproved. Rule 74 with the same title, submitted on June 30, 1972 and approved under 40 CFR 52.223, is retained.
(B) Rule 461, Gasoline Transfer and Dispensing, submitted November 4, 1977, is disapproved. The version of this rule submitted on April 21, 1977 (same number and title), which was previously approved in 40 CFR 52.223, is retained.
(iii) Antelope Valley APCD.
(A) Rule 461, Gasoline Transfer and Dispensing, submitted on May 13, 1999, is disapproved. The version of this rule submitted on January 31, 1996 (same title and number), which was previously approved in 40 CFR 52.220, is retained.
(4) Great Basin Valleys Intrastate Region.
(i) Great Basin Unified APCD.
(A) Rule 418 submitted on November 4, 1977, is disapproved. Rule 418 submitted on April 21, 1976 remains in effect.
(B) Rule 419, Gasoline Loading into Stationary Tanks, submitted on June 22, 1978, is disapproved, and rule 419, submitted April 21, 1976, and previously approved in 40 CFR 52.223, is retained.
(c) The following rules and regulations are disapproved because they represent a relaxation of promulgated EPA regulations, and an adequate control strategy demonstration has not been submitted showing that the relaxation would not interfere with the attainment and maintenance of the national standards for photochemical oxidants:
(1) Sacramento Valley Intrastate AQCR.
(i) Yolo-Solano APCD.
(A) Rules 2.21(b)(1), 2.21(b)(2), 2.21(b)(4), 2.21(b)(5) and 2.21(b)(6), submitted on June 6, 1977.
(d) Imperial County APCD Rule 415, Gasoline Loading from Tank Trucks and Trailers, submitted by the State on November 4, 1977 is approved as applicable to facilities installed after July 1, 1977. District Rule 125, Gasoline Loading into Tank Trucks and Trailers and Rule 129, Gasoline loading into Tanks, submitted on February 21, 1972 and previously approved under 40 CFR 52.223 are retained as part of the State implementation plan, as applicable to facilities installed prior to July 1, 1977.
(e) The emission reduction credits for the following control measures contained in Ventura County's 1982 Ozone nonattainment area plan, submitted by the Governor's designee on December 31, 1982, are disapproved since the control measures are of an intermittent and voluntary nature and are therefore not approvable under Sections 110(a)(2)(F)(v) and 123 of the Clean Air Act: R-38/N-16, “No Use Day”; R-39/N-17, “No Drive Day”; R-40, “No Spray Day”; R-41/N-18 “Stationary Source Curtailments.”