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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

Air Quality 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 of State

implementation plans (SIP's) to attain

the national ambient air quality

standards (NAAQS). At present, these

regulations are complex, not well

organized, and contain many obsolete

provisions. The EPA deletes obsolete

provisions and rewrites the regulations

in a new, shorter, and better 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 (48 FR 46152),

EPA proposed to restructure and

consolidate regulations for the

development of SIP's. These regulations

are found in 40 CFR 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 or added to. Revisions

have been forced into the existing

format, often making the whole

regulation more confusing. As a result,

users-mainly the State and local air

pollution control agencies-have

difficulty finding and understanding

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 the remaining regulations in

a new format (shown in Table 1 of this

action). The new format provides for

better organization and flexibility for

adding or changing future SIP

requirements. To implement the new

format, EPA developed a master plan 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 by having more subparts

than currently appear in Part 51. For

instance, where now there is only one

section for prevention of air pollution

episode-s (§ 51.16), there will be a whole

subpart that contains several sectionsone for classification of regions for

episode plans, one for levels of

significant harm, one for contingency

plans, and one for reevaluation of

episode plans. Furthermore, the use 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 Master Plan

(Table 1). This table shows the origin of

each new section and gives the master

restructuring plan.

(2) Distribution Table (Table 2). This

table indicates where each original

section fits into the new restructured

format.

Revisions to 40 CFR Part 52 and Other

Revisions

This action includes changes in the

cross-references to separate provisions

of the existing regulations in Part 52 and

unrestructured portions of Part 51. The

cross-references are made to the same

or equivalent provisions in the

restructured regulations.

Relationship of Action to Existing SIP's

and Nonattainment Requirements

The EPA does not anticipate that this

action will have any significant impact

on existing SIP's. The EPA is

promulgating very few substantive

changes to Part 51. The majority of these

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 of the generally accepted

interpretation that a State regulation

that references a Federal regulation

remains unchanged if the Federal

regulation is revised subsequent to

adoption of the State regulation.

The EPA also does not anticipate that

this action will have any appreciable

impact on SIP revisions submitted to

meet the requirements of Part D, Title I

of the Clean Air 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 the remaining Part D requirements,

EPA issued nonregulatory guidance. It is

beyond the scope of the rulemaking to

address the provisions of Part D of the

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 of responses to

major comments. Responses to these as

well as other comments may be found in

Docket Number A-81-25 listed under

IV-F-1.

Definition of Reasonably Available

Control Technology (RACT) [§ 51.100(o)]

The existing Part 51 regulations

contain only two provisions 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 a presumption that 3 years is

a reasonable time for attainment of a

secondary NAAQS if RACT would bring

about attainment. Section 51.31(c)

allows an extension of the deadline for

submission of a SIP for a secondary

NAAQS but only 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 by reference to Appendix B that

gives examples of RACT technology.

The EPA promulgated both of these

provisions and the definition of RACT

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 of NAAQS violations. In

1976 and then in the months following

the enactment of Part D in 1977, EPA

stated more elaborate and specific

provisions of RACT. The EPA, however,

never attempted to incorporate those

provisions, nor any of the requirements

of Part D relating to existing sources,

into the Part 51 regulations.

The proposed definition of RACT was

intended only to codify existing policy.

It included provisions of RACT from

guidance for nonattainment plans (Part

D of the Act) because EPA believed this

guidance was established and accepted.

However, upon reexamination of the

proposed definition, EPA has concluded

it went too far by attempting to include

Part D provisions. The purpose of this

rulemaking is merely to streamline and

recodify the existing requirements of the

Part 51 regulations, not to incorporate

parameters of Part D into those

regulations. The definition of RACT,

therefore, should reflect, as near as

possible, only what EPA 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, or other

apparatus or techniques that are

reasonably available taking into account

(1) the necessity of imposing such

controls in order to attain and maintain

a national ambient air quality standard,

(2) the social environmental and

economic impact of such controls, and

(3) alternative means of providing 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

of Appendix B, "Example of Emission

Limitation Attainable With Reasonably

Available Technology" would affect the

application of RACT to various

regulatory castegories such as visible

emissions. This action in no way affects

the application of RACT 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 B because

many of the limitations for source

categories have changed, and up-to-date

RACT guidance on emission limitations

for specific sources is available through

various guidance documents.

Air Quality Maintenance Provisions

The comments on our suggestions of

possible revisions to the air quality

maintenance provision indicated that

any revisions would be the subject of

much controversy. Thus, EPA intends to

make no revision to the maintenance

regulations of Subpart D in this action

except to renumber section references

therein, but will consider options for

future revisions. The EPA may

eventually incorporate Subpart D into

Subpart G, "Control strategy." This may

involve rewriting Subpart D as part of

Subpart G or redesignating Subpart D as

a new Subpart Ga.

Section 51.100, 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 are unlikely to be implemented.

They wanted to revise the term "parking

restrictions" and read "preferential

parking requirements" in order to shift

emphasis from restriction to incentive

methods. They suggested other changes

such as adding the phrase "and motor

vehicle trips" to recognize the need for

measures that reduce trips and the

related emissions associated with the

cold-start and hot-soak modes. Some of

the examples of transportation control

measures in paragraphs (n)(7) through

(9) have largely been superseded by

other measures to control emissions

from transportation sources. The EPA

believes it would 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) of the Act as

examples of transportation measures

that a State may adopt. The regulations

have been modified accordingly.

One commenter recommended

changing the definition of transportation

control measures at § 51.100(r) to

include only highway or transit-related

measures on the grounds that measures

decreasing emissions from individual

motor vehicles, referenced in the

existing definition, are actions not under

the jurisdiction of Federal or State

transportation agencies. The commenter

also recommended that the proposed

definition be expressed in more general

terms. Whether or not measures are

under the jurisdiction of a transportation

control agency is not a relevant

consideration so long as the measure is

enforceable by the State. Moreover. EPA

believes that the existing definition,

which includes "any measure. . ." that

is directed toward reducing emissions of

air pollutants 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.

It was suggested that § 51.100 (s)

through (w) should be deleted because

the transportation-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

the commenter and has deleted these

paragraphs.

Section 51.104, 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

under the Act as amended in 1977." This

language is a quote from section

110(a)(2) H of the Act. The EPA agrees

with this comment and has amended

section 51.104(a) to track the language 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 the plan is

substantially inadequate to comply with

any applicable additional requirements

established under the Clean Air Act

Amendments of 1977.

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 the proposal and is restored in this

rulemaking.

Section 51.110, Attainment and

Maintenance of National Standards

One commenter felt that the language

in the proposed § 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 use language

similar to § 51.12(a) and to require

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 of the NAAQS. Section

51.110(a) states, "Each plan must 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 in emissions. 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, Additional Provisions for

Lead

One commenter stated that their

agency has not been reporting data to

EPA in hazardous and trace emissions

systems (HATREMS) coding forms. The

commenter felt that the requirement that

lead emissions be submitted on

HATREMS coding forms was contrary

to our remarks in the proposal when we

indicated that we do not need to specify

the content or format of point and area

source data. The EPA agrees that the

regulation need not specify the format

for submission of point and area data.

The commenter recommended that EPA

modify the requirement to at least allow

States greater flexibility as to the format

for submitting data. Accordingly, we

have modified § 51.118(e) to specify that

'the data should include the information

identified in the HATREMS forms, but

need not be in the format of those forms.

Subpart H, Prevention of Air Pollution

Emergency Episodes

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

if changes are needed. The 5 year

review would coincide with EPA's

review of an ambient air quality

standard or promulgation of a revised

standard. If the evaluation indicates in

priority classification, the proposal calls

for appropriate changes in the

emergency episode plan(s) within 1 year

after EPA publishes its determination

with regard to pollutant reassessment in

the Federal Register. The commenter felt

the regulation should require

reassessment of the priority

classification whenever a standard was

tightened.

If there is no change tightening the

standard after EPA review, the

reevaluation should be required every 5

years or after EPA review, whichever is

later. After studying this issue further,

EPA believes that it is not necessary to

specify minimum requirements for

States to reevaluate their priority

classification and episode plans. Under

current legal authority, EPA may require

States to revise their episode plans

When necessary. Indeed, States should

already be periodically reevaluating the

adequacy of their episode plans. When

an EPA revision to an air quality

standard impacts episode planning, EPA

will set forth minimal criteria for

reevaluations of episode plans at that

time. Such changes might include a

revision to the significant harm levels or

priority classification criteria. Thus,

§ 51.153(b) is deleted and not included

in the promulgation. However, EPA is

retaining § 51.153(a) which has a general

requirement for periodic reevaluation of

priority classification for episode plans

and retaining the requirement that the

episode plans be revised if the 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 the pollutants considered (Sulfur

dioxide. . . ozone)" was deleted. The

EPA has added an introduction to

clarify the intent of the regulation and

has included this phrase.

Subpart I, Review of New Sources and

Modifications

A commenter opposed the proposal to

drop requirements for States to notify

EPA of permitting actions for all minor

sources and for all sources outside

nonattainment areas [§ 51.161(d)] on the

grounds that new source review is a

central part of the prevention of

significant deterioration (PSD) and the

air quality maintenance plan process

and that notification is needed for EPA

oversight. The provisions governing PSD

procedures, § 51.24, require States to

notify EPA of permitting actions for

major sources outside nonattainment

areas. The deletion from § 51.161(d) did

not affect those requirements, only the

notification requirements for minor

sources. However, EPA agrees that

where State or local agency review of

new or modified minor sources is

required, it should be notified of

permitting action for such sources. The

very fact that such sources are subject

to review indicates that it would be

appropriate to require that EPA be

notified of permitting actions on such

sources for oversight purposes.

Moreover, a large number of minor

sources could have a significant

cumulative effect on air quality. Thus,

under the authority of sections 110 and

301 of the 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 of all 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

through K, M through 0, and R) 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 by EPA

through guidelines readily available to

the public. Guidance issued by EPA is

listed in the "Air Programs Reports and

Guidelines Index" which includes an

index of current technical and guideline

documents prepared by EPA over the

past several years. The "Air Programs

Policy and Guidance Notebook"

provides additional guidance materials.

Both of these 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 of the existing

appendices are obsolete because EPA

policy has hanged since their original

proposal. Rapid changes in SIP policy

and the difficulty in promulgating timely

revisions to Part 51 have led EPA to

develop guidelines rather than revise the

Part 51 appendices. One commenter felt

that deleting these appendices will

create significant uncertainties about

the legally binding effects of EPA

guidance. They suggested we update

them and remove obsolete material, not

delete them.

The EPA believes it would be unduly

burdensome to update the appendices.

The guidelines are constantly being

updated, and some of the appendices

would become obsolete in a short period

of time. In addition, most of the

appendices have performed their

function by assisting the States when

the initial SIP's were developed. The

only major reason for leaving them in

Part 51 would be for historical purposes.

Finally, publishing guidance in

appendices to the regulations would not

necessarily make the guidance more

legally binding. For these 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) of Appendix 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 more hours, 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, not just to NO2 as its

location would imply. Thus, the phrase

should be separated from its inclusion

under the NO 2 subtitle. The EPA

believes the commenter is correct and

has made the appropriate clarification in

today's action.

Deletion of Reporting Requirements

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 of including 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 of course. The EPA

believes that it would be more

appropriate to acquire the information

covered by § 51.328 only 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 the Rulemaking

In our review 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 not redesignate or

restructure § 51.12(e) through (i) which

refer to maintenance 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 of the

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 the new source

review subpart. No revisions are made

to this section. This redesignation

improves the organization of the

regulation by including § 51.124 in the

new format.

3. The EPA noticed a typographical

error in § 51.104(b). The first sentence

should read, "The State must revise the

plan within 60 days .. " 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

no need for a "procedures" subdivision.

Thus, EPA incorporated § 51.113(b) as

§ 51.112(b)(4) and deleted the proposed

§ 51.113.

5. The EPA noted that the last two

sentences of the proposed § 51.161(d)

stated "For pollutants where no

designations are established, such as for

lead, a copy of the notice is required for

all major sources. The definition of a

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 has restructed

§ 51.260(a)(2) to more closely convey the

meaning of existing § 51.15(a). Also, in

reviewing § 51.260(a)(3), EPA noted it

reads "Categories of other sources"

which was inadvertently changed from

the original version. Section 51.260(a)(3)

should read "Categories of such

sources." This revision is made in the

final action.

Ongoing Revisions

- Several commenters were concerned

that we are not restructuring various

portions of Part 51 because they are

currently undergoing revision. They

referred to amendments in § 51.18,

"Review of new sources and

modifications," proposed on August 25,

1983 (48 FR 38742), and revisions 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 of the 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) of the Act prior to 1977

Amendments. Section 110(f) affect any

authority the States of Iowa and Rhode

Island may have to issue any abatement

orders that are permitted 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 or prices; and there will be no

significant adverse effects on-the

environment, energy, competition,

employment, investment, productivity

innovation, or on the ability of U.S.-

based enterprises to compete with

foreign-based enterprises in domestic or

export markets. This regulation was

submitted to the Office of Management

and Budget (OMB) for review under E.O.

12291. Any comments from OMB and

any EPA responses to the comments are

available in Docket A-81-25.

Pursuant to the provisions of U.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 of 1980 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) of the Act,

judicial review may be sought only in

the United States Court of Appeals for

the District of Columbia 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 Submission of 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 height provisions

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 and title

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

(@§51.160 to 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 51 259) (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 includes two

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

"'Volatile Organic

Compound" (VOC)

replaces the term

'Hydrocarbons."

51.1 Point source

definition updated.

Unnecessary, Appendix C

is deleted in this

action.

51.1 Reference 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.

51.11 0(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 New section

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 priority of

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 of Subjects

40 CFR Part 51

Administrative practice and

procedure, Air pollution control,

Intergovernmental relations, Reporting

and recordkeeping requirements, Ozone,

Sulfur oxides, Nitrogen dioxide, Lead,

Particulate matter, Hydrocarbon,

Carbon monoxide.

40 CFR Part 52

Air pollution 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, of the Code of Federal Regulations as

follows:

40661

1. The authority citation for Part 51

continues to read as follows:

Authority: Sec. 110, 301(a) of the 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 (consisting of §§ 51.30

through 51.34) is removed and reserved.

Subpart E (§§ 51.80-51.88)--[Removed

and Reserved]

6. Subpart E (consisting of §§ 51.80

through 51.88) is removed 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 Public hearings.

51.103 Submission of plans; preliminary

review of plans.

51.104 Revisions.

51.105 Approval of plans.

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 Air Act (42

U.S.C. 7401 et seq., as amended by Pub.

L. 91-604, 84 Stat. 1676 Pub. L. 95-95, 91

Stat., 685 and Pub. L. 95-190, 91 Stat.,

1399.)

(b) "Administrator" means the

Administrator of the Environmental

Protection Agency (EPA) or an

authorized representative.

(c) "Primary standard" means a

national primary ambient air quality

standard promulgated pursuant to

section 109 of the Act.

(d) "Secondary standard" means a

national secondary ambient air quality

standard promulgated pursuant to

section 109 of the Act.