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Citation: 51 Fed. Reg. 40656 1986

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### 40656 Federal Register / Vol. 51, No. 216 / Friday, November 7, 1986 / Rules and Regulations

ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Parts 51 and 52 [AD-FRL-3044-21

AirQuality Implementation Plans; Restructuring SIP Preparation Regulations
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: This rulemaking restructures and consolidates the existing regulations for the development ofState implementation plans (SIP's) to attain the national ambient air quality standards (NAAQS). Atpresent, these regulations are complex, not well organized, and contain many obsolete provisions. The EPA deletes obsolete provisions andrewrites the regulations in a new, shorter, andbetter organized format. States using the new regulations
to prepare SIP's will find them current and easier to follow. The regulations also have a flexible structure into which future requirements can be more easily included. EFFECTIVE DATE: December 8, 1986.
FOR FURTHER INFORMATION CONTACT. Ted Creekmore or Joseph Sableski, Plans Guidelines Section, MD-15, Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone (919) 541-5697 commercial or 629-5697 FTS. SUPPLEMENTARY INFORMATION: Background

On October 11, 1983 (48FR 46152), EPA proposed to restructure and consolidate regulations for the development of SIP's.These regulations

are found in 40CFR Part 51, "Requirements for Preparation, Adoption, and Submittal of Implementation Plans;" and 40 CFR Part 52, "Approval and Promulgation of Implementation Plans."

Since Part 51 was promulgated in 1971, many substantive revisions have been made.Almost every portion has been revised oradded to. Revisions have been forced into the existing format, often making thewhole regulation more confusing. As a result, users-mainly the State and local air pollution control agencies-have difficulty finding andunderstanding applicable requirements in the regulations.

Thus, today's action revises the regulations to:

1.Remove obsolete materials and reporting requirements, 2. Condense and clarify complicated and detailed requirements,

3. Develop a structure that would allow users to find easily applicable requirements, and

4.Provide for future requirements and changes.

To accomplish these goals, EPA deletes obsolete materials and restructures theremaining regulations in

a new format (shown in Table 1 ofthis action). Thenew format provides for better organization and flexibility for adding or changing future SIP requirements. To implement the new format, EPAdeveloped a masterplan to restructure 40 CFR Part 51. As shown in Table 1,the new format expands the Part 51 structure to include more topical headings; these will act as guideposts in locating applicable requirements. This is accomplished byhaving more subparts than currently appear inPart 51. For instance,where now there is only one section for prevention ofairpollution episode-s (§51.16), there willbe a whole subpart that contains several sectionsone for classification ofregions for episode plans, one for levels of significant harm, one forcontingency plans, and one for reevaluation of episode plans. Furthermore, theuse of section subdivisions below the third order is significantly reduced.

A more extensive discussion of the rulemaking may be found in the October 11, 1983,proposal which may be used as
a reference in studying today's rulemaking. Restructuring Form
This action includes two tables to help identify and explain the restructured sections as follows:

(1] Derivation Table and MasterPlan (Table 1). This table shows the origin of each new section and gives the master restructuring plan.

(2) Distribution Table (Table2). This table indicates where each original section fits into the new restructured format.

Revisionsto40 CFRPart 52 andOther Revisions

This action includes changes in the cross-references to separate provisions ofthe existingregulations in Part 52 and unrestructured portions ofPart 51. The cross-references are made to the same

or equivalent provisions in the restructured regulations. Relationshipof ActiontoExistingSIP's and Nonattainment Requirements
The EPA does not anticipate that this action will have any significant impact

on existing SIP's. TheEPA is promulgating very few substantive changes to Part 51. The majority ofthese changes remove material that was intended to serve as guidance to the States in preparing their plans. The EPA does not intend to require States to "clean up" their SIP's by removing or revising outdated material such as original emission inventories. States may make such revisions as their

resources permit. Where SIP's refer to the former Part 51 citations, EPA will interpret those citations as referring to the new citations in Part 51 as codified pursuant to this action and as crossreferenced in Table 2. EPA also reminds States ofthe generally accepted interpretation that a Stateregulation that references a Federal regulation remains unchanged iftheFederal regulation is revised subsequent to adoption ofthe State regulation.

The EPA also does not anticipate that this action willhave any appreciable impact on SIPrevisions submitted to meet the requirements ofPart D, Title I of the CleanAir Act (Act).Part D contains new requirements for areas which did not attain the standards within the deadlines established by the 1970 amendments. Theonly regulations EPA has promulgated that incorporate Part D requirements concern new source review. The EPA is not promulgating changes to the new source review rules. For theremaining PartD requirements, EPA issued nonregulatory guidance. It is beyond the scope ofthe rulemaking to address the provisions ofPart D ofthe Act, and EPA is not incorporating any of this guidance into Part 51 at this time.

Public Comments

Comments were received from 16

sources including individuals, businesses, local governments, and environmental groups. This document provides a summary ofresponses to major comments. Responses to these as well as other comments maybe found in Docket Number A-81-25 listed under IV-F-1. Definitionof Reasonably Available ControlTechnology(RACT)[§ 51.100(o)]

The existingPart 51 regulations contain only twoprovisions that use the
term "RACT"-namely, §§ 51.13(b) and 51.31(c) [§§ 51.110(c) and 51.341 in the restructured proposal]. Section 51.13(b) establishes apresumption that 3years is

a reasonable time for attainment ofa secondary NAAQS ifRACT would bring about attainment. Section 51.31(c) allows an extension ofthe deadline for submission ofa SIPfor a secondary NAAQS butonly upon a showing that

more than RACT is necessary for attainment. The Part 51 regulations

### Federal Register / Vol. 51, No. 216 / Friday, November 7, 1986 / Rules and Regulations

separately define RACT in §51.1(o) largely byreference to Appendix B that gives examples ofRACT technology. The EPA promulgated both ofthese provisions and the definition ofRACT simultaneously in the early 1970's.

Several years later,EPA used the term RACT in a different context as part of its effort to remedy the widespread persistence ofNAAQS violations. In 1976 and then in the months following the enactment ofPart D in 1977, EPA stated more elaborate and specific provisions ofRACT.The EPA, however,

never attempted to incorporate those provisions, nor any ofthe requirements ofPartD relating to existing sources, into the Part 51 regulations.

The proposed definition ofRACT was intended only to codify existing policy. It included provisions ofRACT from guidance for nonattainment plans (Part D of theAct) because EPA believed this guidance was established and accepted. However, upon reexamination ofthe proposed definition,EPA has concluded it wenttoo farby attempting to include Part D provisions. The purpose ofthis rulemaking is merely to streamline and recodify the existing requirements ofthe Part 51 regulations, not to incorporate parameters ofPartD into those regulations. The definition ofRACT, therefore, should reflect, as near as possible, only whatEPA intended the
term to mean originally for the purposes of §§ 51.13(b) and 51.31(c). Thus the definition is changed to read as follows:

"Reasonably available control technology" means devices, systems, process modifications, orother apparatus ortechniques that are reasonably available taking into account (1) the necessity ofimposing such controls in order to attain andmaintain

a national ambient air quality standard, (2) the social environmental and economic impact ofsuch controls, and (3) alternative means ofproviding for attainment and maintenance of such standard. (This provision defines RACT for the purposes of §§ 51.110(c)(2) and 51.341(b) only.)

There was some concern by
commenters that the proposed deletion ofAppendix B, "Example ofEmission Limitation Attainable WithReasonably Available Technology" would affect the application ofRACT to various regulatory castegories such as visible emissions. This action in no way affects the application ofRACT to any regulatory, industry, or source category. As discussed in the proposed rulemaking, deleting guidance appendices which are frequently changing eliminates the need to constantly update Part 51. The EPA proposed deleting Appendix Bbecause many ofthe limitations for source categories have changed, and up-to-date RACTguidance on emission limitations for specific sources is available through various guidance documents.

Air QualityMaintenanceProvisions
The comments on our suggestions of possible revisions to the airquality maintenance provision indicated that
any revisions would be the subject of much controversy. Thus, EPA intends to make no revision to the maintenance regulations ofSubpart D in this action except to renumber section references therein, butwill consider options for future revisions. The EPAmay eventually incorporate Subpart D into Subpart G, "Control strategy." This may involve rewriting Subpart D as part of Subpart G orredesignating Subpart D as

a new Subpart Ga.

Section51.100, Definitions

Commenters suggested revising §51.100(n)(7) through (9) to better reflect today's transportation plans requirements. They wanted to delete example measures such as "commuter taxes" and "gasoline rationing" since they areunlikely to be implemented. They wanted to revise the term "parking restrictions" andread "preferential parking requirements" inorder to shift emphasis from restriction to incentive methods. They suggested other changes such as adding thephrase "and motor vehicle trips" to recognize the need for

measures that reduce trips and the relatedemissions associated with the cold-start andhot-soak modes. Some of the examples oftransportation control

measures inparagraphs (n)(7) through (9) havelargely been superseded by other measures to control emissions from transportation sources. The EPA believes itwould be appropriate to replace paragraphs (n)(7) through (9) with a general reference to other transportation control measures. The reference would include those measures listed in section 108(f) ofthe Act as examples oftransportation measures that a State mayadopt. The regulations have been modified accordingly.

One commenter recommended changing the definition oftransportation control measures at §51.100(r) to include only highway or transit-related

measures onthe grounds that measures decreasing emissions from individual
motor vehicles, referenced in the existing definition, are actions not under thejurisdiction ofFederal or State transportation agencies. The commenter also recommended that the proposed definition be expressed inmore general
terms.Whether ornot measures are under thejurisdiction ofa transportation control agency is not a relevant consideration solong as the measure is enforceable by the State. Moreover. EPA believes that theexisting definition, which includes "any measure.

. ." that is directed toward reducing emissions of airpollutants from transportation sources...." is sufficiently general. Thus, EPA is retaining the existing definition of"transportation control measure," except that the measures listed in section 108(f) are being referenced as examples rather than including the example measures in the existing regulation.

Itwas suggested that §51.100 (s) through (w) should be deleted because thetransportation-related terms defined in these sections are no longer used in Appendix M, "Transportation Control Supporting Data Summary," which EPA proposed to delete. The EPA agrees with thecommenter and has deleted these paragraphs.

Section51.104,Revisions

Another commenter suggested EPA amend § 51.104(a) to add a requirement that plans shall be revised when
necessary to "otherwise comply with
any additional requirements established underthe Act as amended in1977." This language is a quote from section 110(a)(2) H ofthe Act. The EPA agrees with this comment and has amended section 51.104(a) to track thelanguage of section 110(a)(2)(H). Section 51.104(a)

now requires that a plan be revised to take into account a finding by the Administrator that theplan is substantially inadequate to comply with any applicable additional requirements established under the CleanAir Act Amendments of1977.

A commenter noted that we had proposed to delete §51.4(b)(6) and stated that this would result in dropping requirements for local planning, transportation, and economic development agencies to be informed of air quality maintenance plan proposals. This section was inadvertently dropped in theproposal and is restored inthis rulemaking.

Section51.110,Attainmentand Maintenanceof National Standards

One commenter felt that the language in theproposed § 51.110(a) inappropriately presupposes that further emission reductions will be necessary in
every case in order to achieve or maintain the national standards, contrary to the existing §51.12(a), (b). It

was EPA's intention to uselanguage similar to § 51.12(a) and torequire emissions reductions only to the degree necessary for attainment and ! 

### 40657

### 40658 Federal Register / Vol. 51, No. 216 / Friday, November 7, 1986 / Rules and Regulations

maintenance ofthe NAAQS. Section 51.110(a) states, "Each planmust set forth a control strategy that provides emission reduction necessary for attainment and maintenance of national air quality standards." The section further states that emission reductions
must be sufficient to offset future increases inemissions. The EPA believes that these statements do not presuppose that further reductions will be necessary in every case. However, as

a clarification, we have revised section 110(a) to explain that the control strategy must provide the degree of emission reduction necessary to attain and maintain the standards, and that the reductions must offset "any" increases that "are expected to" result from growth.

Section 51.118, AdditionalProvisions for Lead

One commenter stated that their
agency hasnot been reporting data to EPA in hazardous and trace emissions systems (HATREMS) coding forms. The
commenter feltthat therequirement that lead emissions be submitted on HATREMS coding forms was contrary to ourremarks in theproposal when we indicated that we donotneed to specify the content or format ofpoint and area

source data. The EPA agrees that the regulation need not specify the format for submission ofpoint and area data. The commenter recommended thatEPA modify the requirement to atleast allow States greater flexibility as to theformat for submitting data. Accordingly, we have modified § 51.118(e) to specify that 'the data should include theinformation identified in the HATREMS forms,but need not be in the format ofthoseforms.
Subpart H, Preventionof AirPollution EmergencyEpisodes

A commenter suggested that EPA revise the propsed §51.153, "Reevaluation of episode plans," to provide an alternate minimum schedule

on which episode plans would be reevaluated. The proposal requires States to reevaluate their priority classification every 5 years to determine ifchanges are needed.The 5 year review would coincide with EPA's review ofan ambient air quality standard or promulgation of a revised standard. Iftheevaluation indicates in priority classification, the proposal calls for appropriate changes inthe emergency episode plan(s) within 1year after EPApublishes its determination with regard to pollutant reassessment in the Federal Register. The commenterfelt theregulation should require
reassessment ofthe priority 

### classification whenever a standard was tightened.

Ifthere is no change tightening the standard after EPA review,the reevaluation should be required every 5 years orafter EPAreview, whichever is later.After studying this issue further, EPAbelieves thatitis notnecessary to specify minimum requirements for States toreevaluate theirpriority classification and episode plans. Under currentlegal authority, EPAmay require States torevisetheir episode plans When necessary.Indeed, States should alreadybe periodically reevaluating the adequacy oftheirepisode plans. When

anEPA revision toan airquality standard impacts episode planning, EPA willset forth minimal criteria for reevaluations ofepisode plans at that time. Suchchanges might include a revision tothe significantharm levels or priority classification criteria. Thus, §51.153(b) is deleted andnot included inthe promulgation. However, EPAis retaining §51.153(a) which has a general requirement forperiodic reevaluation of priority classification for episode plans and retainingthe requirement that the episode plans be revised ifthe priority classification changes.

One commenter noted that in rewriting the old §51.3 into Subpart H, the provision that "each region will be classified separately with respect to each of thepollutants considered (Sulfur dioxide.

. . ozone)" was deleted. The 

### EPAhas added anintroduction to clarify the intent ofthe regulation and hasincluded thisphrase. SubpartI,Review of NewSourcesand Modifications

A commenter opposed the proposal to drop requirements for Statestonotify EPA ofpermitting actions forall minor

sources and for all sources outside nonattainment areas [§ 51.161(d)] onthe grounds that new source reviewisa central partofthe prevention of significant deterioration (PSD) andthe airquality maintenance plan process andthat notification isneeded forEPA oversight.The provisionsgoverning PSD procedures, §51.24, require States to notify EPAofpermitting actions for major sources outside nonattainment

areas.The deletion from §51.161(d) did notaffect those requirements, only the notification requirements forminor

sources. However,EPA agrees that where State or local agency review of

new ormodified minorsources is required, it should be notifiedof permitting action for such sources. The very fact that such sources are subject to review indicates that itwouldbe appropriate to require thatEPA be notified ofpermitting actionson such sources for oversight purposes. Moreover, a large number ofminor

sources could have a significant cumulative effect on airquality. Thus, under the authority ofsections 110 and 301 ofthe Act, the proposed §51.161(d) has been modified so that it now is essentially identical to existing §51.18(h)(4). Hence, EPA will require reporting ofall State permitting actions,

as required in the existing SIP regulations. Appendices

In the October 11, 1983, proposed regulations, EPA proposed deleting several appendices from Part 51 (A throughK, M through 

### 0, andR) for two

reasons. First,EPA stated that the
necessary guidance in Part 51 is available from other EPA publications. For example,guidance on emission inventories, monitoring, and diffusion modeling is routinely updated byEPA through guidelines readily available to thepublic. Guidance issued byEPA is listed in the "AirPrograms Reports and Guidelines Index" which includes an index ofcurrent technical andguideline documents prepared by EPA over the past several years. The "AirPrograms Policy and Guidance Notebook" provides additional guidance materials. Both ofthese guidelines are distributed
to State and local agencies. Copies are available for public inspection and copying at the Public Information Reference Unit at EPA's office in Washington, DC, and at EPA Regional Offices. Secondly,many oftheexisting appendices are obsolete because EPA policy has hanged since their original proposal. Rapid changes in SIP policy and the difficulty inpromulgating timely revisions toPart 51have led EPA to develop guidelines rather than revise the Part 51 appendices. One commenter felt that deleting these appendices will
create significant uncertainties about thelegally binding effects ofEPA guidance. They suggested we update them andremove obsolete material, not delete them.

The EPA believes itwould beunduly burdensome to update the appendices. The guidelines are constantly being updated, and some ofthe appendices would become obsolete in a short period oftime. In addition, most ofthe appendices haveperformed their function by assisting the States when the initial SIP's were developed. The only major reason for leaving them in Part 51 wouldbe forhistorical purposes. Finally,publishing guidance in appendices to theregulations would not necessarily make the guidance more legallybinding.Forthese reasons, today's

### Federal Register / Vol. 51, No. 216 / Friday, November 7, 1986 / Rules and Regulations

action deletes the appendices as proposed. Appendix L
A commenter pointed out that the location of a phrase in §§1.1(b), 1.1(c), and 1.1(d) ofAppendix L is misleading. The phrase appears after "NO 2-," and reads as follows: "NO 2-24- hour average and meteorological conditions are such that pollutant concentrations can be expected to remain at the above levels for twelve (12) or morehours, or in the case of
ozone, the situation is likely to recur within the next 24 hours unless control actions are taken." The commenter pointed out that this phrase applies to all five pollutants, notjust to NO2 as its location would imply. Thus, the phrase should be separatedfrom its inclusion under the NO 2 subtitle. The EPA believes the commenter is correct and has made the appropriate clarification in today's action.

Deletionof ReportingRequirements

One commenter opposed deleting the reporting requirements of §51.326, "Reportable revisions," and §51.328, "Plan prescribed actions," because they felt each section required a formal report that each citizen could easily read and also provided greater

assurance that the information covered by the sections would be made available. The EPA believes that the burden on the States ofincluding in the annual report all substantive plan revisions that otherwise need not be submitted for approval is small and that such information may be useful to EPA and the public. Accordingly, §51.326 is being retained to ensure that EPA is apprised of all substantive plan revisions as a matter ofcourse. The EPA believes that it would bemore appropriate to acquire the information covered by §51.328only on an as needed basis through program and grant mechanisms. The commenter has offered no reason as to why a citizen would need the information covered by §51.328. In any event,a citizen presumably would be able to obtain such information directly from the States. Thus, this action retains §51.326 and deletes §51.328.

Other Revisions to theRulemaking

In ourreview of the proposal, we determined that several minor changes

were necessary to make the regulation read better and to correct inadvertent

errors. These changes are listed as follows:

1.The proposal did notredesignate or restructure §51.12(e) through (i) which refer tomaintenance plans because no change in maintenance provisions was proposed. The final action redesignates §51.12(e) through (i) as § 51.110(h) through (1). No revisions are made in these sections. This redesignation improves the organization ofthe regulation by including these sections in the new format.

2. The proposal did not redesignate or restructure §51.24, Prevention of significant deterioration, because EPA intended to do this in a separate rulemaking. The final action redesignates §51.24 as §51.166 under the new format in thenew source review subpart. No revisions are made
to this section.This redesignation improves the organization ofthe regulation byincluding §51.124 in the

new format.

3.The EPA noticed a typographical

error in §51.104(b). The first sentence should read, "The Statemust revisethe plan within 60days

.. "not "The State
must review the plan, etc." The promulgation corrects this error.

4. The EPA decided that §51.113(a) is

a duplication of §51.112(b)(1). There is

noneed for a "procedures" subdivision. Thus, EPA incorporated § 51.113(b) as § 51.112(b)(4) anddeleted the proposed § 51.113.

5.The EPA noted thatthe last two sentences ofthe proposed § 51.161(d) stated "For pollutants where no designations are established, such as for lead, a copy ofthe notice is required for all major sources. The definition ofa major source for lead is given in §51.100(k)(2)." In these two sentences, the term "major" was incorrectly proposed and is replaced with the term "point" in this action.

6. The EPA hasrestructed § 51.260(a)(2) to more closely convey the meaning ofexisting §51.15(a). Also, in reviewing §51.260(a)(3), EPA noted it reads "Categories ofother sources" which was inadvertently changed from the original version. Section 51.260(a)(3) shouldread "Categories ofsuch sources." This revision is made in the final action. Ongoing Revisions

- Several commenters were concerned that we are not restructuring various portions ofPart 51 because they are currently undergoing revision. They referred to amendments in §51.18, "Review ofnew sources and modifications," proposed onAugust 25, 1983 (48FR38742), andrevisions in the stack height provisions 

### (§51.164) mandated by the court. Since this restructuring package was proposed, the following Part 51 regulations have been promulgated: 1. 49 FR 43202, October 26, 1984. Regulations adding a new paragraph in § 51.18 involving fugitive emissions of stationary sources.

2. 50 FR 27892, July 8, 1985. Regulations revising §§ 51.1, 51.12, and 51.18 involving stack height provisions.

3. 51 FR 11414, April 2, 1986. Regulations adding new sections in §§ 51.1 and 51.12 involving intermittent control systems.

These provisions have been incorporated into the restructured subparts unchanged as promulgated, except that headings, titles, and numbering have been changed to fit into the new format.

Revisions to Part 52

As mentioned earlier, this action includes nomenclature changes in Part 52 where cross-references to Part 51 are made. In addition, some ofthe Part 52 provisions are obsolete and are deleted in.this action.

Sections 52.828(b) and 52.2078(b) have been rescinded since they concern primarily 1-year extensions for compliance that were allowed under section 110(f) ofthe Act prior to 1977 Amendments. Section 110(f) affect any authority the States ofIowa and Rhode Island may have to issue any abatement orders that arepermitted under the Act

as amended in 1977.
Environmental, Economic, and Energy .Impact Assessments

Under Executive Order (E.O.) 12291, EPA must judge whether a regulation is major and therefore subject to the requirement of a Regulatory Impact Analysis. This regulation is not major because it will not have an annual effect

on the economy of$100 million or more; it will not result in a major increase in

costs orprices; and there will be no significant adverse effects on-the environment, energy, competition, employment, investment, productivity innovation, or on the ability ofU.S.- based enterprises to compete with foreign-based enterprises in domestic or export markets. This regulation was submitted to the Office ofManagement and Budget (OMB) for review under E.O. 12291. Any comments from OMB and
any EPA responses to the comments are available inDocket A-81-25.

Pursuant to the provisions ofU.S.C. 605(b), I hereby certify that the attached rule will not have a significant economic impact on small entities because no additional costs will be incurred. This rule does not contain any information collection requirements subject to OMB review under the Paperwork Reduction Act of1980 U.S.C. 3501 et seq. 

### 40659

### 40660 Federal Register / Vol. 51, No. 216 / Friday, November 7, 1986 / Rules and Regulations

Judicial Review

The following regulatory amendments

are nationally applicable, and this action is based on determination of nationwide scope and effect. Therefore, under section 367(b)(1) ofthe Act, judicial review may be sought only in theUnited States Court ofAppeals for the District ofColumbia Circuit. Petition for review must be filed on or before January 6, 1987.

TABLE 1.-DERIVATION TABLE AND MASTER

PLAN TO RESTRUCTURE 40 CFR PART 51

New designation section No. Old designation section No. and title and title

Subpart F Procedural Requirements

51.100 Definitions 51.1 Definitions. 51.101 Stipulations 51.2 Stipulations. 51.102 Public hearings 51.4 Public hearings. 51.103 Submission of plans 51.5 Submissionof plans. 51104 Revisions 51.6 Revisions. 51.34 Variances. 51.105 Approval of plans 51.8 Approval of plans. Subpart G Control Strategy

51.110 Attainment and

Maintenance of National Standards

51.111 Description of control measures

51.112 Demonstration of

adequacy

51.113 Time period for

demonstration of adequacy

51.114 Emissions data and

projections

51-115 Air quality data and

projections

51.116 Data availability

51.117 Additional provisions

for lead

51.118 Stack heightprovisions 51.119 Intermittent control

systems 51.120-51.135 Reserved

for new requirements as set forth in the Act 51.10 General requirements (portion).

51.12 Control strategy:

General (portion). 51.13 Control strategy: SO.

& PM (portion). 51.14 Control strategy: CO.

HC. Ox & NO, (portion). 51.80 Demonstration of at

tainment: Pb (portion). 51-14 Control strategy: CO,

HC, Ox. & NO, (portion). 51.87 Measures: Pb. 51.13 Control strategy: SO.

& PM (portion). 51.14 Control strategy: CO.

HC. Ox. & NO, (portion). 51.80 Demonstration of attainment, Pb (portion). 51.82 Air quality data (portion). 51.10 General requirements

(portion). 51.81 Emissions data: Pb

(portion). 51-13 Control strategy: SO.

& PM(portion). 51.14 Control strategy: CO.

HC. Ox, & NO (portion). 51.81 Emissions data: Pb

(portion). 51.13 Control strategy

SO. & PM (portion). 51.14 Control strategy: CO.

HC. Ox, & NO, (portion). 51.82 Air quality data: Pb

(portion). 51.10 General requirements

(portion). 51.88 Data availability: Pb. 51.80 Demonstration of attainment: Pb (portion). 51.81 Emissions data: Pb

(portion). 51.82 Air quality data: Pb

(portion). 51.83 Certain urbanized

areas: Pb. 51.84 Areas around significant point source: Pb. 51.85 Other areas: Pb. 51.86 Data bases: Pb (portion). 51.12 Control strategy:

General (portion). 51.12 Control strategy:

General (portion). TABLE 1.-DERIVATION TABLE AND MASTER PLAN TO RESTRUCTURE 40 CFR PART 51- Continued

New designation section No. Old designation section No. and title andtitle

51.136-51.140 Reserved

for maintenance of PSD in- crement provisions Subpart H Prevention of Air 51.3

Pollution Emergency Epi- 51.16 Classification of resodes (§§51.150 to grois. 51.159) Prevention of air pollution emergency episodes.

Subpart I Review of New 51.18

Sources and Modifications 51.24 Review of new (@§51.160to 51.189 sources and modifications. Prevention of significant deterioration.

Subpart J Air Quality Sur- 51.17 Air quality surveilveillance (§§51.190 to lance. 51.209) (Promulgated 5/ 10/79)

Subpart K Source surveil- 51.19 Source surveillance.

lance (§§51.210 to 51.229)

Subpart L Legal Authority 51.11 Legal authority.

(@§

51.230 to 51.239)

Subpart M Intergovernmen- 51.21 Intergovernmental cotal consultation (§§51.240 operation. to 51259) (Promulgated 6/ 18/79)

Subpart N Compliance 51.15 Compliance schedSchedules (§ 51.260 to ues. 51.279)

Subpart 0 Miscellaneous Plan Content Requirements

51.280 Resources 51.20 Resources. 51-281 Copies of rules 51.22 Rules and regulaand regulations tions. 51.282 Reserved 51.283 Reserved 51.284 Public notification

(Promulgated 5/10/79) Subpart P Visibility proteclion (§§51.300 through 51.319) (Promulgated 12/ 2/80)

Subpart 0 Reports 51.7 Reports.

(§§ 51.320 through 51.339)

Subpart R Extensions

(§§

51.340 through 51.369)

Revoked 51.30 Request for 2-year extension. 51.31 Request for 18-month

extension. 51.1 Definitions (obsolete

portions). 51.3 Classification of regions (as applicable to control strategies). 51.4 Public hearings (obsolte portions). 51.5 Submission of plans;

preliminary review of plans (obsolete portions). 51.23 Exceptions. 51.32 Request for 1-year

postponement. 51.33 Headings and appeals relating to request for one year postponement. 51.326 Reportable revisions. 51.328 Plan prescribed actions. Appendix A Air quality estimation. Appendix B Examples of

emission limitations attainable with reasonably avail. able control technology. Appendix C Major pollutant

source. TABLE 1.-DERIVATION TABLE AND MASTER

PLAN TO RESTRUCTURE 40 CFR PART 51- Continued

New designation section No. Old designation section No. and title and title

Appendix D Pollutant emissions inventory summary. Appendix E Point source

data. Appendix F Area source

data. Appendix G Emission inventory summary. Appendix H Air quality data

summary. Appendix K Control agency

functions. Appendix M Transportation

Control Supporting Data Summary. Appendix N Emissions Reductions Achievable Through Inspection. Maintenance and Retrofit of Light Duty Vehicles. Appendix 0 [Untitled]. Appendix R Agency functions for air quality maintenance area plans.

NA-Not applicable.

TABLE 2.-DISTRIBUTION TABLE

Old section New section

51.1(a) through (Inn) All paragraph designations are the

same and have the same paragraph designation except those which are listed below. 51.1(a)
51.1(1)

51.1(k)(1)

51.1(1)

51.1(m) 51.1(o) 51.2 51.3 51.4 All paragraphs are the

same and are restructured with the same paragraph numbers except as noted below. 51.4(a), (a) 51.4(b)(4) 51.4(b)(6) 51.4(f) 51.5 All paragraphs are the

same and restructured with the same paragraph numbers except as noted below 51.5(a)

51.5(d). (a) 51.6 51.6(b) through ()

51.8 51.10(a) 51.10(b) 51.100(a-nn).

51.100(a) New citations

added. 51.100(j). Definition of

local agency deleted. 51.1 includestwo definitions of "local agencies." EPA considers 51.100(g) a better definition. A new 51.100(0) is added which defines the term "plan." 51.100(k)(1) The term

"'VolatileOrganic Compound" (VOC) replacesthe term 'Hydrocarbons." 51.1 Point source

definition updated. Unnecessary, Appendix C

is deleted in this action. 51.1Reference to

Appendix D removed; reference to inventory techniques updated. 51.100(m) revised. 51.100(o) revised. 51.101. 51.50, streamlined. 51.102.

51.102(a). (e) rewritten. 51.102(b)(4) rewritten. Unnecessary, redundant Deleted. obsolete. 51.103.

Rewritten; "Note"

deleted. Deleted, redundant. 51.104: 51.104 (b)through (f)

rewritten. 51.105. 51.110(g) rewritten. 51.110(b), (d).Federal Register / Vol. 51, No. 216 / Friday, November 7, 1986 / Rules and Regulations

TABLE 2.-DISTRIBUTION TABLE-Continued

Old section Newsection

51.10(c) 51.10(d) 51.10(e) 51.11(a) 51.1la(1-6) 51.11(b)

51.11(c) 51.11 (d)(1) 51.11 (d! (2) 51.11(e) 51.11() 51.12(a) 5i.12(b) 51.12(c) 51.12(d) 51.12(e) 51.12(Q 51.12(g) 51.12(h) 51.12(i) 51.12(j) 51.12(k) 51.12(l) 51.12(m) 51.12(n) 51.13(a) 51.13(b) 51.13(c) 51.13(d)

51.13(e)(1) phrase "in the example regions to which it applies." Rest of 51.13(e)(1) 51.13(e)(2)(iii)

51.13(e)(2)(iii) 51.13(e)(3)(i)

51.13(e)(3(ii) 51.13(e)(3)(iii) 51.13(fg)

51.14(a)(1)

51.14(a)(2) 51.14(b) 51.14(c)(1) 51.14(c)(2) and (5) through (7)

51.14(c)(5) 51.14(c)(6) 51.14(c)(8) 51.14(c)(9)

51.14(d) 51.14(e) 51-14()

51.14(g) 51.14(h)

51.15(S)(1) 51.15(b)(1) 51.15(b)(2) 51.15(c) 51.16(a) 51.16(b) 51.16(d) 51.16(e) 51.16(f) 51.16(g) 51.16(h) 51.18(a) 51.18(b) 51.18(c) 51.18(d) 51.18(e) 51.18(9 51.18(g) 51.18(h) 51.110(C)(1), (d). 51,110(e), revised. 51.116(c). 51.230. 51.230(a) through (). Unnecessary provisions

for transportation plans, obsolete. 51.231(a). 51.231(b). 51.231(c). 51.232(a). 51.232(b). 51.110(a). 51.110(a), (c). Deleted, redundant. 51.110(f). 51.110(h). 51.110(i). 51.110(j). 51.110(k). 51.110(t)., 51.118(a). 51.118(b). 51.118(c). 51.119(a). 51.119(b). 51.110(b). 51.110(c). 51.115(c). Deleted, example region

approach. Deleted, example region

approach.

51.112(a). Air Programs Reports

and Guidelines Index. 51.112(a) and (b). 51.112(b)(4), Air

Programs Reports and Guidelines Index. 51.114(a). 51.1 12(b)(3). rewritten. 51.114(a), 51.115(a)

Portions related to example region approach deleted. 51.110(a), Rewritten,

reference to priorityof regions deleted. 51.111. Unnecessary. 51.112(a). Air Programs Reports

and Guidelines Index. 51.112(a). 51.112(b)(4). 51.115(d). Reference to

hydrocarbon standard which has been revoked, deleted. 51.114(a). 51A15. Air Programs Reports

and Guidelines Index. Obsolete. Air Programs Reports

and Guidelines Index. 51.260(a), (b). 51.261(a). 51.261(b). 51.262(a).
51.151. 51.152(a). Deleted, obvious. 51.152(b). Obsolete. 51.152(c). 51.152(d). 51.160(a). 51.160(b). 51.160(c). 51.160(d). 51.162. 51.160(e). 51.163.
51.161. T
TABLE 2.-DISTRIBUTION TABLE-Continued

Old section New section

51.18(i) Obsolete, referes to Appendix 0, guidance

on indirect source review. 51.18(j) 51.165(a). 51.18(k) 51.165(b). 51.18(I) 51.164. 51.19 (Introduction) 51.210. 51.19(a) 51.211. 51.19(b), (c) 51.212. 51.19(d) 51.213. 51.19(e) 51.214(a). 51.19(e)(1) 51.214(b). 51.19(e)(2) 51.214(c). 51.19(e)(3) 51.214(d). 51.19(e)(4) 51.214(e). 51.19(e)(5) 51.214(f). 51.19e(6) Obsolete, deleted. 51.20 51.280. 51.22 51.281. 51.23 Unnecessary. 51.24 51.166. 51.30 51.340. 51.31 51.341. 51.32 Deleted, no longer in Clean Air Act (CAA). 51.33 Deleted, no longer in
CAA. 51.34 51.104(g). 51.80(a) 51.110(b), 51.118(a). 51.80(b) 51.112(a). 51.80(c) 51.112(b). 51.81(a) 51.117(e). 51.81 (b) 51.113(a). 51.81(c) 51.112(b)(1). 51.81(d) 51.114(c). 51.821a) 51.115(b), 51.117(d)(1). 51.82(b) 51.117(b)(3). 51.82(c) 51.112(b)(3). 51.83 51.117(c)(1). 51.84 51.117(a). (c)(2). 51.85 51.117(c)(3). 51.86(a) 51.112(b)(5). 51.86(b) 51.117(e)(2). 51.86(c) 51.1 17(d)(1,2). 51.87 51.111. 51.88 51.116(a), (b). 51,326, 51.328 Deleted, report requirement no longer needed.

List ofSubjects

40 CFRPart 51
Administrative practice and procedure, Airpollution control, Intergovernmental relations, Reporting and recordkeeping requirements, Ozone, Sulfur oxides, Nitrogen dioxide, Lead, Particulate matter, Hydrocarbon, 

### Carbon monoxide.

40 CFRPart52

Airpollution control, Ozone, Sulfur Oxides, Nitrogen dioxide, lead, Particulate matter, Carbon monoxide, Hydrocarbons.

Dated: October 6, 1986. Lee M. Thomas, Administrator.


### PART 51-REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS

EPA amends Title 40, Chapter I,Part 51, ofthe Code ofFederal Regulations as follows: 

### 40661

1.The authority citation forPart 51 continues to read as follows:

Authority: Sec. 110, 301(a) ofthe Clean Air Act as amended,42 U.S.C. 7410, 7601(a).

2. Whenever the term "hydrocarbon(s)" appears in Part 51 it is changed to read "VOC(s)".
Subpart A(§§ 51.1-51.8)---[Removed and Reserved]

3. Subpart A (consisting of §§51.1 through 51.8) is removed and reserved.
Subpart B-[Reservedl

4. In Subpart B, §51.12 (e) through (i)

are redesignated as §51.110 (h) through (1), §51.24 is redesignated as §51.166 (under Subpart I), and §§51.10 through 51.23 are removed and reserved.
Subpart C(§§51.30-51.34)--[Removed and Reserved]

-

5. Subpart C (consistingof §§ 51.30 through 51.34) is removed and reserved.
Subpart E (§§51.80-51.88)--[Removed and Reserved]

6. Subpart E (consistingof §§51.80 through 51.88) isremoved and reserved.

7. Subpart F (consisting of §§51.100 through 51.105) is added to read as follows: Subpart F-Procedural Requirements
Sec. 51.100 Definitions. 51.101 Stipulations. 51.102 Publichearings. 51.103 Submission ofplans;preliminary review ofplans. 51.104 Revisions. 51.105 Approval ofplans.
Subpart F-Procedural Requirements
§51.100 Definitions.

As used in this part,all terms not defined herein will have the meaning given them in the Act:

(a) "Act" means the Clean AirAct (42 U.S.C. 7401 etseq., as amended by Pub. L. 91-604, 84 Stat. 1676 Pub. L.95-95, 91 Stat., 685 andPub. L. 95-190, 91 Stat., 1399.)

(b) "Administrator" means the Administrator ofthe Environmental Protection Agency (EPA) oran authorized representative.

(c) "Primary standard" means a national primary ambient air quality standard promulgated pursuant to section 109 ofthe Act.

(d) "Secondary standard" means a national secondary ambient air quality standard promulgated pursuant to section 109 of the Act.