[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1998 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
40
Protection of Environment
PART 52 (Sec. 52.1019--End)
Revised as of July 1, 1998
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1998
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1998
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency (Continued).... 3
Finding Aids:
Table of CFR Titles and Chapters.......................... 657
Alphabetical List of Agencies Appearing in the CFR........ 675
Table of OMB Control Numbers.............................. 685
List of CFR Sections Affected............................. 705
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in this volume use title, part and
section number. Thus, 40 CFR 52.1019 refers to title 40, part
52, section 1019.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
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inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
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The Federal Register Index is issued monthly in cumulative form.
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A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
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ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, The United States
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[[Page vii]]
The Office of the Federal Register also offers a free service on the
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site also contains links to GPO Access.
Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 1998.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of twenty-three
volumes. The parts in these volumes are arranged in the following order:
parts 1-49, parts 50-51, parts 52.01-52.1018, part 52.1019-end, parts
53-59, part 60, parts 61-62, part 63, parts 64-71, parts 72-80, parts
81-85, part 86, parts 87-135, parts 136-149, parts 150-189, parts 190-
259, parts 260-265, parts 266-299, parts 300-399, parts 400-424, parts
425-699, parts 700-789, and part 790 to end. The contents of these
volumes represent all current regulations codified under this title of
the CFR as of July 1, 1998.
Chapter I--Environmental Protection Agency appears in all twenty-two
volumes. A Pesticide Tolerance Commodity/Chemical Index appears in parts
150-189. A Toxic Substances Chemical--CAS Number Index appears in parts
700-789 and part 790 to end. Redesignation Tables appear in the volumes
containing parts 50-51, parts 150-189, and parts 700-789. Regulations
issued by the Council on Environmental Quality appear in the volume
containing part 790 to end.
The OMB control numbers for title 40 appear in Sec. 9.1 of this
chapter. For the convenience of the user, Sec. 9.1 appears in the
Finding Aids section of the volumes containing part 50 to the end.
For this volume, Karen A. Thornton was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains part 52)
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Part
Chapter i--Environmental Protection Agency (Continued)...... 52
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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SUBCHAPTER C--AIR PROGRAMS--(Continued)
Part Page
52 Approval and promulgation of implementation
plans................................... 5
Editorial Note: Subchapter C--Air Programs is contained in volumes 40
CFR parts 50-51, part 52.01-52.1018, part 52.1019-End, parts 53-59, part
60, parts 61-62, part 63, parts 64-71, parts 72-80, parts 81-85, part
86, and parts 87-135.
[[Page 5]]
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED)--Table of Contents
Subpart U--Maine
52.1019 Identification of plan--conditional approval.
52.1020 Identification of plan.
52.1021 Classification of regions.
52.1022 Approval status.
52.1023 Control strategy: Ozone.
52.1024 Attainment dates for national standards.
52.1025 Control strategy: Particulate matter.
52.1026 Review of new sources and modifications.
52.1027 Rules and regulations.
52.1028 [Reserved]
52.1029 Significant deterioration of air quality.
52.1030 Control strategy: Sulfur oxides.
52.1031 EPA-approved Maine regulations.
52.1033 Visibility protection.
52.1034 Stack height review.
52.1035 Requirements for State implementation plan revisions relating
to new motor vehicles.
52.1036 Emission inventories.
Subpart V--Maryland
52.1070 Identification of plan.
52.1071 Classification of regions.
52.1072 Conditional approval.
52.1073 Approval status.
52.1074 Legal authority.
52.1075 1990 base year emission inventory.
52.1076 Control strategy: ozone.
52.1077 Source surveillance.
52.1078 [Reserved]
52.1079 Requirements for State implementation plan revisions relating
to new motor vehicles.
52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program.
52.1081--52.1109 [Reserved]
52.1110 Small business stationary source technical and environmental
compliance assistance program.
52.1111--52.1112 [Reserved]
52.1113 General requirements.
52.1114--52.1115 [Reserved]
52.1116 Significant deterioration of air quality.
52.1117 Control strategy: Sulfur oxides.
52.1118 Approval of bubbles in nonattainment areas lacking approved
demonstrations: State assurances.
Subpart W--Massachusetts
52.1119 Identification of plan--conditional approval.
52.1120 Identification of plan.
52.1121 Classification of regions.
52.1122 [Reserved]
52.1123 Approval status.
52.1124 Review of new sources and modifications.
52.1125 Emission inventories.
52.1126 Control strategy: Sulfur oxides.
52.1127 Attainment dates for national standards.
52.1128 Transportation and land use controls.
52.1129--52.1130 [Reserved]
52.1131 Control strategy: Particulate matter.
52.1132 Control strategy: Carbon Monoxide.
52.1133 [Reserved]
52.1134 Regulation limiting on-street parking by commuters.
52.1135 Regulation for parking freeze.
52.1136--52.1144 [Reserved]
52.1145 Regulation on organic solvent use.
52.1146 [Reserved]
52.1147 Federal compliance schedules.
52.1148--52.1159 [Reserved]
52.1160 Requirements for State implementation plan revisions relating
to new motor vehicles.
52.1161 Incentives for reduction in single-passenger commuter vehicle
use.
52.1162 Regulation for bicycle use.
52.1163 Additional control measures for East Boston.
52.1164 Localized high concentrations--carbon monoxide.
52.1165 Significant deterioration of air quality.
52.1166 [Reserved]
52.1167 EPA-approved Massachusetts state regulations.
52.1168 Certification of no sources.
52.1168a Part D--Disapproval of Rules and Regulations.
52.1169 Stack height review.
Subpart X--Michigan
52.1170 Identification of plan.
52.1171 Classification of regions.
52.1172 Approval status.
52.1173 Control strategy: Particulates.
52.1174 Control strategy: Ozone.
52.1175 Compliance schedules.
52.1176 Review of new sources and modifications. [Reserved]
52.1177--52.1179 [Reserved]
52.1180 Significant deterioration of air quality.
52.1181 Interstate pollution.
[[Page 6]]
52.1182 State boards.
52.1183 Visibility protection.
52.1184 Small business stationary source technical and environmental
compliance assistance program.
52.1185 Control strategy: Carbon monoxide.
Subpart Y--Minnesota
52.1219 Identification of plan--conditional approval.
52.1220 Identification of plan.
52.1221 Classification of regions.
52.1222 EPA-approved Minnesota State regulations
52.1223 Approval status.
52.1224 General requirements.
52.1225 Review of new sources and modifications.
52.1226--52.1229 [Reserved]
52.1230 Control strategy and rules: Particulates.
52.1231--52.1232 [Reserved]
52.1233 Operating permits.
52.1234 Significant deterioration of air quality.
52.1235 [Reserved]
52.1236 Visibility protection.
52.1237 Control strategy: Carbon monoxide.
Subpart Z--Mississippi
52.1270 Identification of plan.
52.1271 Classification of regions.
52.1272 Approval status.
52.1273 [Reserved]
52.1275 Legal authority.
52.1276 [Reserved]
52.1277 General requirements.
52.1278 Control strategy: Sulfur oxides and particulate matter.
52.1279 [Reserved]
52.1280 Significant deterioration of air quality.
52.1281 Original identification of plan section.
Subpart AA--Missouri
52.1320 Identification of plan.
52.1321 Classification of regions.
52.1322 [Reserved]
52.1323 Approval status.
52.1324 [Reserved]
52.1325 Legal authority.
52.1326--52.1334 [Reserved]
52.1335 Compliance schedules.
52.1336--52.1338 [Reserved]
52.1339 Visibility protection.
Subpart BB--Montana
52.1370 Identification of plan.
52.1371 Classification of regions.
52.1372 Approval status.
52.1373 Control strategy: Sulfur oxides.
52.1374 [Reserved]
52.1375 Attainment dates for national standards.
52.1376 Extensions.
52.1377 [Reserved]
52.1378 General requirements.
52.1379 Legal authority.
52.1380--52.1381 [Reserved]
52.1382 Prevention of significant deterioration of air quality.
52.1384 Emission control regulations.
52.1385 Source surveillance.
52.1386 [Reserved]
52.1387 Visibility protection.
52.1388 Stack height regulations.
52.1389 [Reserved]
52.1390 Missoula variance provision.
52.1391 Emission inventories.
Subpart CC--Nebraska
52.1420 Identification of plan.
52.1421 Classification of regions.
52.1422 Approval status.
52.1423 PM10 State implementation plan development in group
II areas.
52.1424 Operating permits.
52.1425 Compliance schedules.
52.1426 [Reserved]
52.1427 Operating permits.
52.1428--52.1435 [Reserved]
52.1436 Significant deterioration of air quality.
Subpart DD--Nevada
52.1470 Identification of plan.
52.1471 Classification of regions.
52.1472 Approval status.
52.1473 General requirements.
52.1474 Part D conditional approval.
52.1475 Control strategy and regulations: Sulfur oxides.
52.1476 Control strategy: Particulate matter.
52.1477 Nevada air pollution emergency plan.
52.1478 Extensions.
52.1479 Source surveillance.
52.1480--52.1481 [Reserved]
52.1482 Compliance schedules.
52.1483 Malfunction regulations.
52.1484 [Reserved]
52.1485 Significant deterioration of air quality.
52.1486 Control strategy: Hydrocarbons and ozone.
52.1487 Public hearings.
52.1488 Visibility protection.
52.1489 Particulate matter (PM-10) Group II SIP commitments.
Subpart EE--New Hampshire
52.1519 Identification of plan--conditional approval.
52.1520 Identification of plan.
52.1521 Classification of regions.
52.1522 Approval status.
[[Page 7]]
52.1523 Attainment dates for national standards.
52.1524 Compliance schedules.
52.1525 EPA-approved New Hampshire state regulations.
52.1526 [Reserved]
52.1527 Rules and regulations.
52.1528 [Reserved]
52.1529 Significant deterioration of air quality.
52.1530 Requirements for State implementation plan revisions relating
to new motor vehicles.
52.1531 Visibility protection.
52.1532 Stack height review.
52.1533 Emission inventories.
Subpart FF--New Jersey
52.1570 Identification of plan.
52.1571 Classification of regions.
52.1572 Extensions.
52.1573 Approval status.
52.1574 General requirements.
52.1575 Legal authority.
52.1576 Control strategy: Nitrogen dioxide.
52.1577 Compliance schedules.
52.1578 Review of new sources and modifications.
52.1579 Intergovernmental cooperation.
52.1580 Conditional approval.
52.1581 [Reserved]
52.1582 Control strategy and regulations: Ozone (volatile organic
substances) and carbon monoxide.
52.1583 Requirements for State implementation plan revisions relating
to new motor vehicles.
52.1584--52.1600 [Reserved]
52.1601 Control strategy and regulations: Sulfur oxides.
52.1602 [Reserved]
52.1603 Significant deterioration of air quality.
52.1604 Control strategy and regulations: Total suspended particulates.
52.1605 EPA-approved New Jersey regulations.
52.1606 Visibility protection.
52.1607 Small business technical and environmental compliance
assistance program.
Subpart GG--New Mexico
52.1620 Identification of plan.
52.1621 Classification of regions.
52.1622 Approval status.
52.1623--52.1626 [Reserved]
52.1627 Control strategy and regulations: Carbon monoxide.
52.1628--52.1633 [Reserved]
52.1634 Significant deterioration of air quality.
52.1635 Rules and regulations.
52.1636 Visibility protection.
52.1637 Particulate Matter (PM10) Group II SIP commitments.
52.1638 Bernalillo County particulate matter (PM10) Group II
SIP commitments.
52.1639 Prevention of air pollution emergency episodes.
Subpart HH--New York
52.1670 Identification of plans.
52.1671 Classification of regions.
52.1672 Extensions.
52.1673 Approval status.
52.1674 Requirements for State implementation plan revisions relating
to new motor vehicles.
52.1675 Control strategy and regulations: Sulfur oxides.
52.1676 Control strategy: Nitrogen dioxide.
52.1677 Compliance schedules.
52.1678 Control strategy and regulations: Particulate matter.
52.1679 EPA-approved New York State regulations.
52.1680 Control strategy: Monitoring and reporting.
52.1681 Control strategy: Lead.
52.1682 [Reserved]
52.1683 Control strategy: Ozone.
52.1684--52.1688 [Reserved]
52.1689 Significant deterioration of air quality.
52.1690 Small business technical and environmental compliance
assistance program.
Subpart II--North Carolina
52.1770 Identification of plan.
52.1771 Classification of regions.
52.1772 Approval status.
52.1773--52.1774 [Reserved]
52.1775 Rules and regulations.
52.1776--52.1777 [Reserved]
52.1778 Significant deterioration of air quality.
52.1779 [Reserved]
52.1780 VOC rule deficiency correction.
52.1781 Control strategy: Sulfur oxides and particulate matter.
Subpart JJ--North Dakota
52.1820 Identification of plan.
52.1821 Classification of regions.
52.1822 Approval status.
52.1823 [Reserved]
52.1824 Review of new sources and modifications.
52.1825--52.1828 [Reserved]
52.1829 Prevention of significant deterioration of air quality.
52.1831 Visibility protection.
52.1832 Stack height regulations.
52.1833 [Reserved]
52.1834 Minor source permit to operate program.
[[Page 8]]
Subpart KK--Ohio
52.1870 Identification of plan.
52.1871 Classification of regions.
52.1872 [Reserved]
52.1873 Approval status.
52.1874 [Reserved]
52.1875 Attainment dates for achieving the sulfur dioxide secondary
standard.
52.1876 [Reserved]
52.1877 Control strategy: Photochemical oxidants (hydrocarbons).
52.1878 [Reserved]
52.1879 Review of new sources and modifications.
52.1880 Control strategy: Particulate matter.
52.1881 Control strategy: Sulfur oxides (sulfur dioxide).
52.1882 Compliance schedules.
52.1883 [Reserved]
52.1884 Significant deterioration of air quality.
52.1885 Control strategy: Ozone.
52.1886 [Reserved]
52.1887 Control strategy: Carbon monoxide.
52.1888 Operating permits.
52.1889 Small business stationary source technical and environmental
compliance assistance program.
52.1890 Removed control measures.
52.1919 Identification of plan-conditional approval.
Subpart LL--Oklahoma
52.1920 Identification of plan.
52.1921 Classification of regions.
52.1922 Approval status.
52.1923--52.1928 [Reserved]
52.1929 Significant deterioration of air quality.
52.1930 [Reserved]
52.1931 Petroleum storage tank controls.
52.1932 [Reserved]
52.1933 Visibility protection.
52.1934 Prevention of air pollution emergency episodes.
52.1935 Small business assistance program.
Subpart MM--Oregon
52.1970 Identification of plan.
52.1971 Classification of regions.
52.1972 Approval status.
52.1973--52.1976 [Reserved]
52.1977 Content of approved State submitted implementation plan.
52.1978--52.1981 [Reserved]
52.1982 Control strategy: Ozone.
52.1983--52.1984 [Reserved]
52.1985 Rules and regulations.
52.1986 [Reserved]
52.1987 Significant deterioration of air quality.
52.1988 Air contaminant discharge permits.
Subpart NN--Pennsylvania
52.2020 Identification of plan.
52.2021 Classification of regions.
52.2022 Extensions.
52.2023 Approval status.
52.2024 General requirements.
52.2025 Legal authority.
52.2026 Conditional approval.
52.2027--52.2029 [Reserved]
52.2030 Source surveillance.
52.2031 [Reserved]
52.2032 Intergovernmental cooperation.
52.2033 Control strategy: Sulfur oxides.
52.2034 Attainment dates for national standards.
52.2035 Photochemical assessment monitoring stations (PAMS) program.
52.2036 1990 Baseyear Emission Inventory.
52.2037 Control strategy: Carbon monoxide and ozone (hydrocarbons).
52.2038--52.2053 [Reserved]
52.2054 Control of asphalt paving material.
52.2055 Review of new sources and modifications.
52.2056 [Reserved]
52.2057 Requirements for State implementation plan revisions relating
to new motor vehicles.
52.2058 Prevention of significant air quality deterioration.
52.2059 Control strategy: Particulate matter.
52.2060 Small Business Assistance Program.
52.2061 Operating permits.
52.2062 Plan approvals.
Subpart OO--Rhode Island
52.2070 Identification of plan.
52.2071 Classification of regions.
52.2072 Approval status.
52.2073 General requirements.
52.2074 Legal authority.
52.2075 Source surveillance.
52.2076 Attainment dates for national standards.
52.2078 Enforcement.
52.2079 Requirements for State implementation plan revisions relating
to new motor vehicles.
52.2080 Revisions.
52.2081 EPA-approved Rhode Island State regulations.
52.2082 [Reserved]
52.2083 Significant deterioration of air quality.
52.2084 Rules and regulations.
52.2085 Stack height review.
52.2086 Emission inventories.
Subpart PP--South Carolina
52.2120 Identification of plan.
52.2121 Classification of regions.
52.2122 Approval status.
52.2124 Legal authority.
[[Page 9]]
52.2125 [Reserved]
52.2126 VOC rule deficiency correction.
52.2127--52.2129 [Reserved]
52.2130 Control strategy: Sulfur oxides and particulate matter.
52.2131 Significant deterioration of air quality.
52.2132 Visibility protection.
52.2133 General conformity.
52.2134 Original identification of plan section.
Subpart QQ--South Dakota
52.2170 Identification of plan.
52.2171 Classification of regions.
52.2172 Approval status.
52.2173 Legal authority.
52.2174--52.2177 [Reserved]
52.2178 Significant deterioration of air quality.
52.2179 Visibility protection.
52.2180 Stack height regulations.
52.2181 [Reserved]
52.2182 PM10 Committal SIP.
52.2183 Variance provision.
52.2184 Operating permits for minor sources.
Subpart RR--Tennessee
52.2219 [Reserved]
52.2220 Identification of plan.
52.2221 Classification of regions.
52.2222 Approval status.
52.2223 Compliance schedules.
52.2224 Legal authority.
52.2225 VOC rule deficiency correction.
52.2226 Extensions.
52.2227 Prevention of air pollution emergency episodes.
52.2228 Review of new sources and modifications.
52.2229 Rules and regulations.
52.2230 Attainment dates for national standards.
52.2231 Control strategy: Sulfur oxides and particulate matter.
52.2233 Significant deterioration of air quality.
52.2234 Visibility protection.
52.2235 Control strategy: Ozone.
52.2236 Control strategy; lead.
52.2237 NOX RACT and NOX conformity exemption.
Subpart SS--Texas
52.2270 Identification of plan.
52.2271 Classification of regions.
52.2272 [Reserved]
52.2273 Approval status.
52.2274 General requirements.
52.2275 Control strategy and regulations: Ozone.
52.2276 Control strategy and regulations: Particulate matter.
52.2277--52.2281 [Reserved]
52.2282 Public hearings.
52.2283--52.2284 [Reserved]
52.2285 Control of evaporative losses from the filling of gasoline
storage vessels in the Houston and San Antonio areas.
52.2286 Control of evaporative losses from the filling of gasoline
storage vessels in the Dallas-Fort Worth area.
52.2287--52.2300 [Reserved]
52.2301 Federal compliance date for automobile and light-duty truck
coating. Texas Air Control Board Regulation V (31 TAC chapter
115), control of air pollution from volatile organic compound,
rule 115.191(1)(8)(A).
52.2302 [Reserved]
52.2303 Significant deterioration of air quality.
52.2304 Visibility protection.
52.2305 [Reserved]
52.2306 Particulate Matter (PM10) Group II SIP commitments.
52.2307 Small business assistance program.
52.2308 Area-wide nitrogen oxides (NOX) exemptions.
52.2309 Emissions inventories.
52.2310 Conditional approval.
52.2311 Motor vehicle antitampering.
Subpart TT--Utah
52.2320 Identification of plan.
52.2321 Classification of regions.
52.2322 [Reserved]
52.2323 Approval status.
52.2324--52.2330 [Reserved]
52.2331 Attainment dates for national standards.
52.2332 Control strategy: Ozone.
52.2333 Legal authority.
52.2334--52.2345 [Reserved]
52.2346 Significant deterioration of air quality.
52.2347 Stack height regulations.
52.2348 National Highway Systems Designation Act Motor Vehicle
Inspection and Maintenance (I/M) Programs.
52.2350 Emission inventories.
52.2351 Area-wide nitrogen oxides (NOx) exemption.
Subpart UU--Vermont
52.2370 Identification of plan.
52.2371 Classification of regions.
52.2372 Approval status.
52.2373 Legal authority.
52.2374 General requirements.
52.2375 Attainment dates for national standards.
52.2377 Review of new sources and modifications.
52.2378 Certification of no facilities.
52.2379 [Reserved]
52.2380 Significant deterioration of air quality.
52.2381 EPA-approved Vermont State regulations.
[[Page 10]]
52.2382 Rules and regulations.
52.2383 Visibility protection.
52.2384 Stack height review.
52.2385 Requirements for State implementation plan revisions relating
to new motor vehicles.
Subpart VV--Virginia
52.2420 Identification of plan.
52.2421 Classification of regions.
52.2422 [Reserved]
52.2423 Approval status.
52.2424 Motor vehicle emissions budgets.
52.2425 1990 Base Year Emission Inventory.
52.2426 Photochemical assessment monitoring stations (PAMS) program.
52.2427 Source surveillance.
52.2428 Control Strategy: Carbon monoxide and ozone.
52.2429-52.2432 [Reserved]
52.2433 Intergovernmental cooperation.
52.2434--52.2435 [Reserved]
52.2436 Rules and regulations.
52.2437--52.2449 [Reserved]
52.2450 Conditional approval.
52.2451 Significant deterioration of air quality.
52.2452 Visibility protection.
52.2453 Requirements for State implementation plan revisions relating
to new motor vehicles.
52.2454 Prevention of significant deterioration of air quality for
Merck & Co., Inc.'s Stonewall Plant in Elkton, VA.
52.2460 Small business stationary source technical and environmental
compliance assistance program.
Subpart WW--Washington
52.2470 Identification plan.
52.2471 Classification of regions.
52.2472 Extensions.
52.2473 Approval status.
52.2474 General requirements.
52.2475 [Reserved]
52.2476 Discretionary authority.
52.2477--52.2478 [Reserved]
52.2479 Contents of the federally approved, State submitted
implementation plan.
52.2480--52.2494 [Reserved]
52.2495 Voluntary limits on potential to emit.
52.2496 [Reserved]
52.2497 Significant deterioration of air quality.
52.2498 Visibility protection.
Subpart XX--West Virginia
52.2520 Identification of plan.
52.2521 Classification of regions.
52.2522 Approval status.
52.2523 Attainment dates for national standards.
52.2524 Compliance schedules.
52.2525 Control strategy: Sulfur dioxide.
52.2526--52.2527 [Reserved]
52.2528 Significant deterioration of air quality.
52.2529--52.2530 [Reserved]
52.2531 1990 base year emission inventory.
52.2532 [Reserved]
52.2533 Visibility protection.
52.2534 Stack height review.
52.2560 Small business technical and environmental compliance
assistance program.
Subpart YY--Wisconsin
52.2569 Identification of plan--conditional approval.
52.2570 Identification of plan.
52.2571 Classification of regions.
52.2572 Approval status.
52.2573 General requirements.
52.2574 Legal authority.
52.2575 Control strategy: Sulfur dioxide.
52.2576 [Reserved]
52.2577 Attainment dates for national standards.
52.2578 Compliance schedules.
52.2579--52.2580 [Reserved]
52.2581 Significant deterioration of air quality.
52.2582--52.2583 [Reserved]
52.2584 Control strategy; Particulate matter.
52.2585 Control strategy: Ozone.
52.2586 Small business stationary source technical and environmental
compliance assistance program.
Subpart ZZ--Wyoming
52.2620 Identification of plan.
52.2621 Classification of regions.
52.2622 Approval status.
52.2623--52.2624 [Reserved]
52.2625 Compliance schedules.
52.2626--52.2629 [Reserved]
52.2630 Prevention of significant deterioration of air quality.
52.2631 [Reserved]
52.2632 Visibility protection. [Reserved]
52.2633 Stack height regulations.
52.2634 Correction of approved plan.
Subpart AAA--Guam
52.2670 Identification of plan.
52.2671 Classification of regions.
52.2672 Approval status.
52.2673--52.2675 [Reserved]
52.2676 Significant deterioration of air quality.
52.2677 [Reserved]
52.2678 Control strategy and regulations: Particulate matter.
52.2679 Control strategy and regulations: Sulfur dioxide.
52.2680--52.2681 [Reserved]
52.2682 Air quality surveillance.
52.2683 [Reserved]
[[Page 11]]
52.2684 Source surveillance.
52.2685 [Reserved]
52.2686 Upset-breakdown reporting.
Subpart BBB--Puerto Rico
52.2720 Identification of plan.
52.2721 Classification of regions.
52.2722 Approval status.
52.2723 EPA--approved Puerto Rico regulations.
52.2724 [Reserved]
52.2725 General requirements.
52.2726 Legal authority.
52.2727--52.2728 [Reserved]
52.2729 Significant deterioration of air quality.
52.2730 [Reserved]
52.2731 Control strategy and regulations: Sulfur oxides.
52.2732 Small business technical and environmental compliance
assistance program.
Subpart CCC--Virgin Islands
52.2770 Identification of plan.
52.2771 Classification of regions.
52.2772 Approval status.
52.2773 EPA-approved Virgin Islands regulations.
52.2774 [Reserved]
52.2775 Review of new sources and modifications.
52.2776--52.2778 [Reserved]
52.2779 Significant deterioration of air quality.
52.2780 Control strategy for sulfur oxides.
52.2781 Visibility protection.
52.2782 Small business technical and environmental compliance
assistance program.
Subpart DDD--American Samoa
52.2820 Identification of plan.
52.2821 Classification of regions.
52.2822 Approval status.
52.2823 [Reserved]
52.2824 Review of new sources and modifications.
52.2825--52.2826 [Reserved]
52.2827 Significant deterioration of air quality.
Subpart EEE--Approval and Promulgation of Plans
52.2850 Approval and promulgation of implementation plans.
Subpart FFF--Commonwealth of the Northern Mariana Islands
52.2900 Negative declaration.
52.2920 Identification of plan.
Appendices A-C to Part 52 [Reserved]
Appendix D to Part 52--Determination of Sulfur Dioxide Emissions from
Stationary Sources by Continuous Monitors
Appendix E to Part 52--Performance Specifications and Specification Test
Procedures for Monitoring Systems for Effluent Stream Gas
Volumetric Flow Rate
Subpart U--Maine
Sec. 52.1019 Identification of plan--conditional approval.
(a) The following plan revisions were submitted on the dates
specified.
(1) On November 1, 1993 the Maine Department of Environmental
Protection submitted a revision to the State Implementation Plan (SIP)
for an enhanced Inspection and Maintenance (I/M) program in
Androscoggin, Cumberland, Kennebec, Knox, Lincoln, Sagadahoc, and York
counties. This submittal was supplemented by a letter dated May 26, 1994
describing additional changes Maine is making to the I/M program, and a
commitment to provide additional material by July 22, 1994. On July 21,
1994, Maine submitted a revised submission. In these submissions, the
State submitted adequate legal and regulatory authority to establish and
implement an I/M program which meets the requirements of the Clean Air
Act by September 1, 1995.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated November 1, 1993, May 26, 1994 and July 21, 1994 submitting a
revision to the Maine State Implementation Plan.
(B) The ``Motor Vehicle Emission Inspection Program'' regulation at
Chapter 128 of the Department of Environmental Protection regulations
effective June 28, 1994.
(C) Title 38, Chapter 28, Motor Vehicle Inspection Program, and
Title 29, Section 102-C, Motor Vehicle Inspection Requirement for
Vehicle Registration, which are state law citations authorizing the
above regulation, both effective June 30, 1992 and revised effective
October 13, 1993.
(ii) Additional materials. Nonregulatory, administrative portions of
the November 1, 1993, May 26, 1994, and
[[Page 12]]
July 21, 1994 submissions to the Maine State Implementation Plan.
(b) [Reserved]
[59 FR 55053, Nov. 3, 1994]
Sec. 52.1020 Identification of plan.
(a) Title of plan: ``Implementation Plan for the Achievement of
National Air Quality Standards.''
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous non-regulatory changes to the plan submitted on
March 17, 1972, by the Environmental Improvement Commission for the
State of Maine.
(2) Regulation 10.8.4(g) establishing compliance schedules for
sources in Maine submitted on July 28, 1972, by the Environmental
Improvement Commission for the State of Maine.
(3) A revision removing fuel burning sources with a maximum heat
input from three million up to 10 million BTU/hr from the particulate
matter control strategy submitted on March 29, 1973, by the Governor.
(4) Changes in the Open Burning Regulation 100.2 submitted on
September 4, 1973, by the State of Maine Department of Environmental
Protection.
(5) An AQMA proposal submitted on June 26, 1974, by the Governor.
(6) Revision to incinerator particulate emission standard, submitted
on August 26, 1976 by the Commissioner of the Maine Department of
Environmental Protection, which would exempt woodwaste cone burners from
the plan until 1980.
(7) Revision to incinerator particulate emission standard, submitted
on November 18, 1976 by the Commissioner of the Maine Department of
Environmental Protection, which would exempt municipal waste cone
burners from the plan.
(8) Revision to open burning regulation submitted on December 7,
1976 by the Commissioner of the Maine Department of Environmental
Protection.
(9) Revisions to Chapter 5--State Implementation Plan Air Quality
Surveillance, and Chapter 6--Revision of New Sources and Modifications,
submitted by the Governor on March 10, 1978.
(10) Plans to meet various requirements of the Clean Air Act,
including Part C, were submitted on May 1, 1979, October 26, 1979 and
December 20, 1979. Included in the revisions is a plan for review of
construction and operation of new and modified major stationary sources
of pollution in attainment areas.
(11) Attainment plans to meet the requirements of Part D and the
Clean Air Act, as amended in 1977, were submitted on May 1, 1979;
October 26, 1979; December 20, 1979; July 9, 1980; July 31, 1980;
December 18, 1980; March 17, 1981. Included are plans to attain: The
secondary TSP standard for Augusta, Thomaston, Bangor and Brewer; the
primary and secondary SO2 standard for Millinocket; the
carbon monoxide standard for Lewiston and Bangor and the ozone standard
for AQCRS 107 and 110. A program was also submitted for the review of
construction and operation of new and modified major stationary sources
of pollution in non-attainment areas. Certain miscellaneous provisions
are also included.
(12) A plan to provide for public involvement in federally funded
air pollution control activities was submitted on May 28, 1980.
(13) Revisions to Chapter 5--State Implementation Plan--Air Quality
Surveillance, intended to meet requirements of 40 CFR part 58, were
submitted by the Commissioner of the Maine Department of Environmental
Protection on July 1, 1980.
(14) Revisions to attain and maintain the NAAQS for lead were
submitted on August 7, and November 5, 1980.
(15) A revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel
Regulation'' for the Metropolitan Portland Air Quality Control Region,
submitted by the Governor of Maine on August 25, 1977.
(16) Department Regulation Chapter 112, Petroleum Liquid Transfer
Vapor Recovery, is amended to exempt the town of Searsport, Maine from
this regulation. This amendment was submitted by Henry E. Warren,
Commissioner of the Department of Environmental Protection on October
23, 1981, in order to meet Part D requirements for ozone.
(17) Regulatory revisions to the plan containing changes to Chapter
101
[[Page 13]]
``Visible Emissions Regulation'' submitted August 7, 1980.
(18) On May 12, 1982 and February 11, 1983 the Maine Department of
Environmental Protection submitted an emission limit contained in an air
emissions license which requires Pioneer Plastics, Auburn, Maine to
reduce its volatile organic compound emissions by at least 85%.
(19) On January 11, 1983 and March 29, 1984 and December 4, 1984 the
Maine Department of Environmental Protection submitted revisions to
Chapter 103 ``Fuel Burning Equipment Particulate Emission Standard.''
(20) A plan to attain the primary TSP standard in Lincoln,
consisting of particulate emission limitations contained in an air
emission license issued to the Lincoln Pulp and Paper Company, Inc.,
submitted by the Commissioner of the Maine Department of Environmental
Protection on December 18, 1984.
(21) A revision to approve the deletion of Thomaston from the list
of applicable municipalities in Maine regulation 29 M.R.S.A. Chapter
113, submitted by the Commissioner on February 20, 1986.
(22) Revision to federally-approved regulation Chapter 112,
Petroleum Liquids Transfer Vapor Recovery [originally approved on
February 19, 1980, see paragraph (c)(11), of this section, was submitted
on August 4, 1986, by the Department of Environmental Protection.
(i) Incorporation by reference.
(A) Regulation Chapter 112(6), Emission Testing, is amended by
incorporating test methods and procedures as stated in 40 CFR part 60,
subpart XX, Sec. 60.503 to determine compliance with emission standards
for volatile organic compound emissions from bulk gasoline terminals.
This revision to Regulation Chapter 112(6) became effective on July 22,
1986 in the State of Maine.
(ii) Additional material. The nonregulatory portions of the state
submittals.
(23) [Reserved]
(24) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 22, 1988.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated August 19, 1988 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 117 of the Maine Department of Environmental Protection
Air Regulations entitled, ``Source Surveillance,'' effective in the
State of Maine on August 9, 1988.
(ii) Additional material.
(A) Nonregulatory portions of the state submittal.
(25) Revisions to the Maine State Implementation Plan (SIP) for
ozone submitted on February 14, 1989 and May 3, 1989 by the Maine
Department of Environmental Protection (DEP) for its state gasoline
volatility control program, including any waivers under the program that
Maine may grant. The control period will begin May 1, 1990.
(i) Incorporation by reference. Maine Department Regulation chapter
119, Rules and Regulations of the State of Maine, entitled ``Motor
Vehicle Fuel Volatility Limit,'' adopted August 10, 1988, amended
Septemter 27, 1989 and effective October 25, 1989.
(26) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 27, 1989.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated October 27, 1989 submitting revisions to the Maine State
Implementation Plan.
(B) Chapter 100 of the Maine Department of Environmental
Protection's Air Regulations entitled ``Definitions Regulations,''
except for the definition of volatile organic compounds in Chapter
100(76) which is being incorporated by reference in 40 CFR
52.1020(c)(27). This regulation was effective in the State of Maine on
October 3, 1989. Note, the definition of fuel burning equipment in
Chapter 100(29) is not part of Maine's submittal.
(C) Chapter 110 except for Chapter 110(2) which is being
incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 113, Chapter
114 except for Chapter 114(II) and (III) which are being incorporated by
reference in 40 CFR 52.1020(c)(27), Chapter 115, and Chapter
[[Page 14]]
116 of the Maine Department of Environmental Protection's Air
Regulations entitled, ``Ambient Air Quality Standards,'' ``Growth Offset
Regulation,'' ``Classification of Air Quality Control Regions,''
``Emission License Regulations,'' and ``Prohibited Dispersion
Techniques,'' respectively. These regulations were effective in the
State of Maine on October 25, 1989. Chapter 108, originally approved on
January 30, 1980 and February 19, 1980 in paragraphs (c)(10) and (c)(11)
of this section, is being withdrawn and replaced with Chapter 115.
(D) Portions of Chapter 1 entitled ``Regulations for the Processing
of Applications,'' effective in the State of Maine on February 8, 1984.
(ii) Additional materials.
(A) A State Implementation Plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Letter dated May 1, 1989 from the Maine Department of
Environmental Protection regarding implementation of BACT.
(C) Nonregulatory portions of the state submittal.
(27) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 31, 1989.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated October 31, 1989 submitting revisions to the Maine State
Implementation Plan.
(B) The definition of volatile organic compounds in Chapter 100(76)
of the Maine Department of Environmental Protection's ``Definitions
Regulations'' effective in the State of Maine on October 3, 1989.
(C) Chapter 110(2) and Chapter 114 (II) and (III) of the Maine
Department of Environmental Protection's ``Ambient Air Quality
Standards'' and ``Classification of Air Quality Control Regions''
Regulations effective in the State of Maine on October 25, 1989. Note
that Millinocket remains designated as a nonattainment area for
SO2 until redesignated at 40 CFR 51.320.
(ii) Additional materials.
(A) A State Implementation Plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Nonregulatory portions of the state submittal.
(28) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 14 and October
22, 1991.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated August 14 and October 22, 1991 submitting revisions to the Maine
State Implementation Plan.
(B) Revisions to Chapter 109 of the Maine Department of
Environmental Protection Regulations, ``Emergency Episode Regulations,''
effective in the State of Maine on September 16, 1991.
(C) Part B of the Memorandum of Understanding which the Maine
Department of Environmental Protection (DEP) entered into (and
effective) on March 11, 1991, with the City of Presque Isle, and the
Maine Department of Transportation.
(ii) Additional materials.
(A) An attainment plan and demonstration which outlines Maine's
control strategy for attainment of the PM10 NAAQS and implements and
meets RACM and RACT requirements for Presque Isle.
(B) Nonregulatory portions of the submittal.
(29) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 16, 1990, September
5, 1990, and November 2, 1990.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated July 16, 1990, September 5, 1990, and November 2, 1990, submitting
revisions to the Maine State Implementation Plan.
(B) The definitions of actual emissions, baseline concentration, and
fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of Maine's
``Definitions Regulation,'' Chapter 110(10) (except for Chapter
110(10)(C)(3)) of Maine's ``Ambient Air Quality Standards Regulation,''
Chapter 113(II)(A) of Maine's ``Growth Offset Regulation,'' and Chapter
115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's
[[Page 15]]
``Emission License Regulations,'' effective in the State of Maine on
July 10, 1990. Note that the revised state statute which contains the
underlying authority to implement the NO2 increments became
effective on July 14, 1990.
(ii) Additional materials.
(A) A state implementation plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Nonregulatory portions of the state submittal.
(30) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on September 29, 1989,
December 5, 1989 and June 3, 1991.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated September 29, 1989, and June 3, 1991 submitting a revision to the
Maine State Implementation Plan.
(B) Chapter 111 ``Petroleum Liquid Storage Vapor Control'' and
Chapter 123 ``Paper Coater Regulation,'' effective in the state of Maine
on October 3, 1989.
(C) Chapter 112 ``Petroleum Liquid Transfer Vapor Recovery,''
effective in the State of Maine on June 9, 1991.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated June 3, 1991 documenting the December 1990 survey conducted to
satisfy the 5 percent demonstration requirement in order to justify the
3500 gallon capacity cut-off in chapter 112.
(B) Letter from the Maine Department of Environmental Protection
dated December 5, 1989 requesting the withdrawal of operating permits
for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer
Plastics of Auburn incorporated by reference at 40 CFR 52.1020 (c)(11)
and (c)(18).
(C) Nonregulatory portions of the submittal.
(31) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on April 20, 1992.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated April 8, 1992 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 100(54)(b) ``particulate matter emissions,'' Chapter
100(57)(b) ``PM10 emissions,'' and revisions to Chapter
100(28) ``federally enforceable'' and to Chapter 100(76) ``volatile
organic compound (VOC)'' effective in the State of Maine on January 18,
1992.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(32) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 5, 1991.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated June 3, 1991 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 126 of the Maine Department of Environmental Protection
Regulations, ``Capture Efficiency Test Procedures'' effective in the
State of Maine on June 9, 1991.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(33) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on January 8, 1993.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated January 8, 1993, submitting a revision to the Maine State
Implementation Plan.
(B) Revised Chapter 100 of the Maine Department of Environmental
Protection Regulations, ``Definitions'' effective in the State of Maine
on February 10, 1993.
(C) Chapter 129 of the Maine Department of Environmental Protection
Regulations, ``Surface Coating Facilities'' effective in the State of
Maine on February 10, 1993.
(D) Chapter 130 of the Maine Department of Environmental Protection
Regulations, ``Solvent Degreasers'' effective in the State of Maine on
February 10, 1993.
(E) Chapter 131 of the Maine Department of Environmental Protection
Regulations, ``Cutback and Emulsified
[[Page 16]]
Asphalt'' effective in the State of Maine on February 10, 1993.
(F) Chapter 132 of the Maine Department of Environmental Protection
Regulations, ``Graphic Arts--Rotogravure and Flexography'' effective in
the State of Maine on February 10, 1993.
(G) Appendix A ``Volatile Organic Compounds Test Methods and
Compliance Procedures'' incorporated into Chapters 129 and 132 of the
Maine Department of Environmental Protection Regulations, effective in
the State of Maine on February 10, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(34) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on January 3, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated January 3, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Revised Chapter 100 of the Maine Department of Environmental
Protection Regulations, ``Definitions'' effective in the State of Maine
on December 12, 1993.
(C) Chapter 137 of the Maine Department of Environmental Protection
Regulations, ``Emission Statements'' effective in the State of Maine on
December 12, 1993.
(ii) Additional Information.
(A) Nonregulatory portions of the submittal.
(35) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 3, 1991, November
25, 1991, and July 6, 1994.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated June 3, 1991, November 25, 1991, and July 6, 1994 submitting a
revision to the Maine State Implementation Plan.
(B) Chapter 120 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Tank Truck Tightness Self-Certification,''
effective in the State of Maine on July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(36) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 6, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 6, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 100 of the Maine Department of Environmental Protection
Regulations, ``Definitions,'' effective in the State of Maine on July
11, 1994, with the exception of the definitions of the following terms:
``curtailment,'' ``federally enforceable,'' ``major modification,'' ``
major source,'' ``nonattainment pollutant,'' ``shutdown,'' ``significant
emissions,'' and ``significant emissions increase.''
(C) Chapter 112 of the Maine Department of Environmental Protection
Regulations, ``Petroleum Liquids Transfer Vapor Recovery,'' effective in
the State of Maine on July 11, 1994.
(D) Chapter 118 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective
in the State of Maine on July 11, 1994.
(E) Chapter 133 of the Maine Department of Environmental Protection
Regulations, ``Petroleum Liquids Transfer Vapor Recovery at Bulk
Gasoline Plants,'' effective in the State of Maine on July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(37) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 12, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 5, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Maine's Chapter 100 entitled, ``Definition Regulations.'' This
regulation was effective in the State of Maine on July 11, 1994.
[[Page 17]]
(C) Maine's Chapter 113 entitled, ``Growth Offset Regulation.'' This
regulation was effective in the State of Maine on July 11, 1994.
(D) Maine's Chapter 115 entitled, ``Emission License Regulation,''
except for Section 115(VII)(E) of this Chapter and all references to
this Section. This regulation was effective in the State of Maine on
July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(38) Revisions to the State Implementation Plan establishing a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program were submitted by the Maine Department of
Environmental Protection on July 7, and August 16, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 7, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Revisions to the State Implementation Plan for the Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program dated July 12, 1994 and effective on May 11, 1994.
(C) Letter from the Maine Department of Environmental Protection
dated August 16, 1994 submitting a corrected page to the July 12, 1994
SIP revision.
(39) [Reserved]
(40) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 1, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated June 1, 1994 submitting revisions to the Maine State
Implementation Plan.
(B) Revisions to Chapter 114 of the Maine Department of
Environmental Protection Regulations, ``Classification of Air Quality
Control Regions,'' adopted by the Board of Environmental Protection on
April 27, 1994 and accepted by the Secretary of State with an effective
date of May 9, 1994.
(C) Revisions to Part B of the Memorandum of Understanding which the
Maine Department of Environmental Protection (DEP) entered into (and
effective) on May 25, 1994, with the City of Presque Isle, and the Maine
Department of Transportation.
(ii) Additional materials.
(A) A maintenance demonstration and contingency plan which outline
Maine's control strategy for maintenance of the PM10 NAAQS
and contingency measures and provision for Presque Isle.
(B) Nonregulatory portions of the submittal.
(41) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 5, 1994 related
to NOX controls in Oxford, Franklin, Somerset, Piscataquis,
Penobscot, Washington, Aroostook, Hancock and Waldo Counties.
(i) Incorporation by reference.
(A) A Letter from the Maine Department of Environmental Protection
dated August 5, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 138 of the Maine DEP's regulations, ``Reasonably
Available Control Technology for Facilities that Emit Nitrogen Oxides''
for sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot,
Washington, Aroostook, Hancock and Waldo Counties (excepted portions
include Sections 1.A.1. and 3.B.). This rule was effective August 3,
1994.
(42) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 24, 1995.
(i) Incorporation by reference.
(A) Two letters from the Maine Department of Environmental
Protection dated July 24, 1995 submitting revisions to the Maine State
Implementation Plan.
(B) Chapter 100 of the Maine Department of Environmental Protection
Regulations, ``Definitions Regulation,'' definition of ``volatile
organic compounds (VOC)'' effective in the State of Maine on July 25,
1995.
(C) Chapter 112 of the Maine Department of Environmental Protection
Regulations, ``Bulk Terminal Petroleum Liquid Transfer Requirements,''
effective in the State of Maine on July 25, 1995.
[[Page 18]]
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(43) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 24, 1995.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 24, 1995 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 118 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective
in the State of Maine on July 25, 1995.
(ii) Additional materials
(A) Letter from the Maine Department of Environmental Protection
dated May 6, 1996.
(B) Nonregulatory portions of the submittal.
(44) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 11, 1996.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated October 11, 1996 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 141 of the Maine Department of Environmental Protection
Air Regulation entitled, ``Conformity of General Federal Actions,''
effective in the State of Maine on September 28, 1996.
[37 FR 10870, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.1020, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.1021 Classification of regions.
The Maine plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Portland Intrastate.......................... I II III III III
Androscoggin Valley Interstate............................ IA IA III III III
Down East Intrastate...................................... IA IA III III III
Aroostook Intrastate...................................... III III III III III
Northwest Maine Intrastate................................ III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10870, May 31, 1972, as amended at 45 FR 10774, Feb. 19, 1980]
Sec. 52.1022 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Maine's plan, as identified in Sec. 52.1020, for the attainment
and maintenance of the national standards under section 110 of the Clean
Air Act.
[45 FR 10774, Feb. 19, 1980, as amended at 60 FR 33734, June 29, 1995]
Sec. 52.1023 Control strategy: Ozone.
(a) Determination. EPA is determining that, as of July 21, 1995, the
Lewiston-Auburn ozone nonattainment area has attained the ozone standard
and that the reasonable further progress and attainment demonstration
requirements of section 182(b)(1) and related requirements of section
172(c)(9) of the Clean Air Act do not apply to the area for so long as
the area does not monitor any violations of the ozone standard. If a
violation of the ozone NAAQS is monitored in the Lewiston-Auburn ozone
nonattainment area, these determinations shall no longer apply.
(b) Determination. EPA is determining that, as of July 21, 1995, the
Knox and Lincoln Counties ozone nonattainment area has attained the
ozone standard and that the reasonable further progress and attainment
demonstration requirements of section 182(b)(1) and related requirements
of section 172(c)(9) of the Clean Air Act do not apply to the area for
so long as the area does not monitor any violations of the ozone
standard. If a violation of the ozone NAAQS is monitored in the Knox
[[Page 19]]
and Lincoln Counties ozone nonattainment area, these determinations
shall no longer apply.
(c) Approval. EPA is approving an exemption request submitted by the
Maine Department of Environmental Protection on September 7, 1995, for
the Northern Maine area from the NOX requirements contained
in Section 182(f) of the Clean Air Act. This approval exempts Oxford,
Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook,
Hancock and Waldo Counties from the requirements to implement controls
beyond those approved in Sec. 52.1020(c)(41) for major sources of
nitrogen oxides (NOX), nonattainment area new source review
(NSR) for new sources and modifications that are major for
NOX, and the applicable NOX-related requirements
of the general and transportation conformity provisions.
[60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995]
Sec. 52.1024 Attainment dates for national standards.
The following table presents the latest dates by which the national
standards are to be attained.
[[Page 20]]
Attainment Dates Established by Clean Air Act of 1990
----------------------------------------------------------------------------------------------------------------
Pollutant
-------------------------------------------------------
Air quality control region and nonattainment area SO2
-------------------- PM-10 NO2 CO O3
Primary Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 107:
Androscoggin County................................. (a) (b) (a) (a) (a) (g)
Kennebec County..................................... (a) (b) (a) (a) (a) (g)
Knox County......................................... (a) (b) (a) (a) (a) (g)
Lincoln County...................................... (a) (b) (a) (a) (a) (g)
Waldo County........................................ (a) (b) (a) (a) (a) (d)
Oxford Cnty. (Part) See 40 CFR 81.320............... (a) (b) (a) (a) (a) (e)
Franklin Cnty. (Part) See 40 CFR 81.320............. (a) (b) (a) (a) (a) (e)
Somerset Cnty. (Part) See 40 CFR 81.320............. (a) (b) (a) (a) (a) (e)
AQCR 108:
Aroostook Cnty. (Part) See 40 CFR 81.320............ (a) (b) (c) (a) (a) (a)
Remainder of AQCR................................... (a) (b) (a) (a) (a) (a)
AQCR 109:
Hancock County...................................... (a) (b) (a) (a) (a) (d)
Millinocket......................................... (e) (e) (a) (a) (a) (a)
Remainder of AQCR................................... (a) (b) (a) (a) (a) (a)
AQCR 110:
York County......................................... (a) (b) (a) (a) (a) (g)
Cumberland County................................... (a) (b) (a) (a) (a) (g)
Sagadahoc County.................................... (a) (b) (a) (a) (a) (g)
Oxford Cnty. (Part) See 40 CFR 81.320............... (a) (b) (a) (a) (a) (e)
AQCR 111................................................ (a) (b) (a) (a) (a) (a)
----------------------------------------------------------------------------------------------------------------
a Air quality levels presently below primary standards or area is unclassifiable.
b Air quality levels presently below secondary standards or area is unclassifiable.
c 12/31/94.
d 11/15/94 (one-year extension granted).
e 11/15/95.
g 11/15/96.
[60 FR 33352, June 28, 1995]
[[Page 21]]
Sec. 52.1025 Control strategy: Particulate matter.
(a) The revisions to the control strategy resulting from the
modification to the emission limitations applicable to the sources
listed below or resulting from the change in the compliance date for
such sources with the applicable emission limitation is hereby approved.
All regulations cited are air pollution control regulations of the State
unless otherwise noted. (See Sec. 52.1023 for compliance schedule
approvals and disapprovals pertaining to one or more of the sources
below.)
------------------------------------------------------------------------
Regulation Date of
Source Location involved adoption
------------------------------------------------------------------------
All sources subject to Maine.......... 100.3.1(b)..... 3/29/73
Regulation 100.3.1(b) with
a maximum heat input from
three million up to but not
including ten million Btu
per hour.
------------------------------------------------------------------------
(b) The revision to the incinerator particulate emission standard
submitted on August 26, 1976 is disapproved because of provisions
therein which would interfere with the attainment and maintenance of
national ambient air quality standards.
(c) The revision to the incinerator particulate emission standard
submitted on November 18, 1976 is disapproved because of provisions
therein which would interfere with the attainment and maintenance of
national ambient air quality standards.
(d) The revision to the open burning regulation submitted on
December 7, 1976 is disapproved because of provisions therein which
would interfere with the attainment and maintenance of national ambient
air quality standards.
[38 FR 22474, Aug. 21, 1973, as amended at 43 FR 14964, Apr. 10, 1978;
43 FR 15424, Apr. 13, 1978; 47 FR 6830, Feb. 17, 1982]
Sec. 52.1026 Review of new sources and modifications.
The program to review operation and construction of new and modified
major stationary sources in non-attainment areas is approved as meeting
the requirements of part D as amended by the CAAA of 1990.
[45 FR 10775, Feb. 19, 1980, as amended at 61 FR 5694, Feb. 14, 1996]
Sec. 52.1027 Rules and regulations.
(a) Part D--Conditional Approval.
(b) Non-Part D--No Action. EPA is neither approving nor disapproving
the following elements of the revisions identified in
Sec. 52.1020(C)(10):
(1) Intergovernmental consultation.
(2) Interstate pollution notification requirements.
(3) Public notification requirements.
(4) Conflict of Interest requirements.
(5) Permit fees.
[45 FR 10775, Feb. 19, 1980, as amended at 45 FR 59314, Sept. 9, 1980]
Sec. 52.1028 [Reserved]
Sec. 52.1029 Significant deterioration of air quality.
The program to review operation and construction of new and modified
major stationary sources in attainment areas is approved as meeting the
requirements of Part C.
[45 FR 6786, Jan. 30, 1980]
Sec. 52.1030 Control strategy: Sulfur oxides.
(a) The revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel
Regulation'' for the Metropolitan Portland Air Quality Control Region,
submitted by the Governor of Maine on August 25, 1977, is approved with
the exception of paragraph 100.6.5(b) which allows the Commissioner of
the Department of Environmental Protection to grant variances to
Regulation 100.6.
[47 FR 948, Jan. 8, 1982]
Sec. 52.1031 EPA-approved Maine regulations.
The following table identifies the State regulations which have been
submitted to and approved by EPA as revisions to the Maine State
Implementation Plan. This table is for informational purposes only and
does not have any independent regulatory effect. To determine regulatory
requirements for a specific situation consult the plan identified in
Sec. 52.1020. To the extent
[[Page 22]]
that this table conflicts with Secs. 52.1020, 52.1020 governs.
Table 52.1031--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Date Date
State Title/Subject adopted by approved Federal Register 52.1020
citation State by EPA citation
----------------------------------------------------------------------------------------------------------------
Chapter:
1........ Regulations for 02/08/84 03/23/93 58 FR 15430...... (c)(26)... Portions of chapter 1.
the Processing
of
Applications..
100...... ................ 5/7/79 1/3/80 45 FR 6784....... (c)(10)... PSD Plan Only.
100...... Definitions 12/24/79 2/19/80 45 FR 10766...... (c)(11)... ..........................
Regulations.
2/6/80 ..........................
100...... Definitions..... 10/3/89 3/23/93 58 FR 15430...... (c)(26)... All except for the
definition of VOC in
chapter 100(76). Note
that this definition is
approved in another
paragraph below. In
addition, Maine withdrew
the definition of fuel
burning equipment in
chapter 100(29) from its
SIP submittal. This
definition is approved in
another paragraph below.
................ .......... .......... ................. (c)(27)... Approval of definition of
VOC in chapter 100(76)
only.
100...... Definitions 11/26/91 6/21/93 58 FR 33768...... (c)(31)... Revised ``volatile organic
Regulations. compound (VOC)'' and
``federally
enforceable.'' Added
``particulate matter
emissions'' and ``PM10
emissions.''
100...... Definitions..... 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Changes to the following
definitions: Actual
emissions, baseline
concentration and fuel
burning equipment in
Chapter 100(1), (9), and
(29).
100...... Definitions..... 1/6/93 6/17/94 59 FR 31157...... (c)(33)... Revised to add definitions
associated with VOC RACT
rules.
100...... Definitions..... 11/10/93 1/10/95 60 FR 2526....... (c)(34)... Revised to add definitions
associated with emission
statement rules.
100...... Definitions..... 6/22/94 6/29/95 60 FR 33734...... 36........ Gasoline marketing
definitions added
100...... Definitions 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D
Regulation. NSR and other CAAA
requirements.
100...... Definitions..... 7/19/95 10/15/96 61 FR 53639...... (c)(42)... Definition of ``VOC''
revised.
101...... Visible 10/10/79 2/17/82 47 FR 6829....... (c)(17)... ..........................
Emissions.
102...... Open Burning.... 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
103...... Fuel Burning 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
Equipment
Particulate
Emission
Standard.
1/24/83 2/26/85 50 FR 7770....... (c)(19)... ..........................
104...... Incinerator 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
Particulate
Emission
Standard.
105...... General Process 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
Source
Particulate
Emission
Standard.
106...... Low Sulfur Fuel. 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
2/08/78 1/8/82 47 FR 947........ (c)(15)... Revised limits for
Portland Peninsula only.
107...... Sulfur Dioxide 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
Emission
Standards for
Sulfite Pulp
Mills.
109...... Emergency 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
Episode
Regulation.
109...... Emergency 8/14/91 1/12/95 60 FR 2887....... (c)(28)... Revisions which
Episode incorporate the PM10
Regulation. alert, warning, and
emergency levels.
[[Page 23]]
110...... Ambient Air 5/7/79 1/30/80 45 FR 6784....... (c)(10)... ..........................
Quality
Standards.
110...... Ambient Air 10/25/89 3/23/93 58 FR 15430...... (c)(26)... All of chapter 110 except
Quality for chapter 110(2) which
Standards. is approved in another
paragraph, below. Note
that Maine did not submit
its Chromium standard in
chapter 110(12) for
approval.
................ .......... .......... ................. (c)(27)... Chapter 110(2) only.
110...... Ambient Air 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Addition of NO2 increments
Quality for class I and II areas
Standards. in Chapter 110(10). Note
that class III increment
in Chapter 110(10)(C)(3)
is not part of submittal.
111...... Petroleum Liquid 5/7/79 2/19/80 45 FR 10766...... (c)(11)... ..........................
Storage Vapor
Control.
9/27/89 2/3/92 57 FR 3948....... (c)(30)...
112...... Petroleum 2/19/80 45 FR 10766...... (c)(11)...
Liquids
Transfer
Recovery.
5/7/79 3/5/82 47 FR 9462....... (c)(16)... Irving Oil, Searsport
exempted.
7/22/86 2/2/87 52 FR 3117....... (c)(22)... Bulk Gasoline Terminal
Test methods.
5/22/91 2/3/92 57 FR 3948....... (c)(30)... The exemption for Irving
Oil Corporation in
Searsport, Maine
incorporated by reference
at 40 CFR 52.1020(c)(16)
is removed.
112...... Petroleum 6/22/94 6/29/95 60 FR 33734...... 36........ Deleted exemption for tank
liquids trucks less than 3500
transfer gallons.
recover.
112...... Gasoline Bulk 7/19/95 10/15/96 61 FR 53639...... (c)(42)... Emission limit lowered
Terminals. from 80 mg/l to 35 mg/l.
113...... Growth Offset 5/7/79 2/19/80 45 FR 10766...... (c)(11)... Part of New Source Review
Regulation. program.
12/18/85 12/23/86 51 FR 45886...... (c)(21)... Deletes Thomaston.
113...... Growth Offset 10/25/89 3/23/93 58 FR 15430...... (c)(26)... ..........................
Regulation.
113...... Growth Offset 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Change to Chapter
Regulation. 113(II)(A) to include
NO2.
113...... Growth Offset 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D
Regulation. NSR requirements.
114...... Classification 5/7/79 1/30/80 45 FR 6874....... (c)(10)...
of Air Quality
Control Regions.
114...... Designation of 10/25/89 3/23/93 58 FR 15430...... (c)(26)... All except for chapter
Air Quality 114(11) and (111) which
Control Regions. are approved in another
paragraph below.
................ .......... .......... ................. (c)(27).. Chapter 114(11)and (111)
only.
114...... Classification 4/27/94 Aug. 30, 60 FR 45060...... (c)(40)... Revision to remove Presque
of Air Quality 1995 Isle as nonattainment for
Control Regions. PM10.
115...... Emission License 5/7/79 1/30/80 45 FR 6784....... (c)(10)... PSD
Regulation..
.............. 12/24/79 2/19/80 45 FR 10766...... (c)(11)... New Source Review.
.............. 10/25/89 3/23/93 58 FR 15430...... (c)(26)... Note Maine did not submit
references to
nonregulated pollutants
for approval. Also note
that this chapter was
formerly chapter 108.
[[Page 24]]
115...... Emission License 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Changes to Chapter
Regulation. 115(I)(B), (VII)(A),
VII)(B)(3), and
(VII)(D)(3) to remove
Chapter 108 and to
incorporate NO2
increments requirements.
115...... Emission License 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D
Regulation. NSR and other CAAA
requirements.
116...... Prohibited 10/25/89 3/23/93 58 FR 15430...... (c)(26)...
Dispersion
Techniques..
117...... Source 8/9/88 3/21/89 54 FR 11525...... 24........
Surveillance.
118...... Gasoline 6/22/94 6/29/95 60 FR 33734...... 36........ ..........................
Dispensing
Facilities.
.............. 7/19/95 10/15/96 61 FR 53639...... (c)(43)... Stage II vapor recovery
requirements added.
119...... Motor Vehicle 9/27/89 5/3/90 55 FR 20603...... (c)(25)... ..........................
Fuel Volatility
Limit.
120...... Gasoline Tank 6/22/94 6/29/95 60 FR 33734...... 35........ ..........................
Trucks.
123...... Paper Coater 9/27/89 2/3/92 57 FR 3949....... (c)(30)... The operating permits for
Regulation. S.D. Warren of Westbrook,
Eastern Fine Paper of
Brewer, and Pioneer
Plastics of Auburn
incorporated by reference
at 40 CFR Sec. 52.1020
(c)(11), (c)(11), and
(c)(18), respectively,
are withdrawn.
126...... Capture 5/22/91 3/22/93 58 FR 15282...... (c)(32)...
Efficiency Test
Procedures.
129...... Surface coating 1/6/93 6/17/94 59 FR 31157...... (c)(33)... Includes surface coating
Facilities. of: Cans, fabric, vinyl,
metal furniture, flatwood
paneling, and
miscellaneous metal parts
and products.
130...... Solvent 1/6/93 6/17/94 59 FR 31157...... (c)(33)...
Degreasers.
131...... Cutback and 1/6/93 6/17/94 59 FR 31157...... (c)(33)...
Emulsified
Asphalt.
132...... Graphic Arts: 1/6/93 6/17/94 59 FR 31157...... (c)(33)...
Rotogravure and
Flexography.
133...... Gasoline Bulk 6/22/94 6/29/95 60 FR 33734...... 36........ ..........................
Plants.
137...... Emission 11/10/93 1/10/95 60 FR 2526....... (c)(34)...
Statements.
138...... Reasonably 8/3/94 December 60 FR 66755...... (c)(41)... Affects sources only in
Available 26, 1995 Oxford, Franklin,
Control Somerset, Piscataquis,
Technology For Penobscot, Washington,
Facilities That Aroostook, Hancock and
Emit Nitrogen Waldo Counties (excepted
Oxides. portions of rule include
Sections 1.A.1. and
3.B.).
141........ Conformity of 9/11/96 September 62 FR 49611...... (c)(44)... ``Chapter 141: Conformity
General Federal 23, 1997 of General Federal
Actions. Actions''.
----------------------------------------------------------------------------------------------------------------
Note.--1. The regulations are effective statewide unless stated otherwise in comments section.
(Secs. 110(a) and 301(a) of the Clean Air Act, as amended (42 U.S.C.
7410(a) and 7601(a)))
[50 FR 3336, Jan. 24, 1985, as amended at 50 FR 7770, Feb. 26, 1985; 51
FR 45886, Dec. 23, 1986; 52 FR 3117, Feb. 2, 1987; 54 FR 11525, Mar. 21,
1989; 55 FR 20603, May 18, 1990; 57 FR 3948, Feb. 3, 1992; 58 FR 15282,
Mar. 22, 1993; 58 FR 15430, Mar. 23, 1993; 58 FR 33768, June 21, 1993;
59 FR 12855, Mar. 18, 1994; 59 FR 31157, June 17, 1994; 60 FR 2526, Jan.
10, 1995; 60 FR 2887, Jan. 12, 1995; 60 FR 33734, June 29, 1995; 60 FR
45059, Aug. 30, 1995; 60 FR 66755, Dec. 26, 1995; 61 FR 5694, Feb. 14,
1996; 61 FR 53639, Oct. 15, 1996; 62 FR 49611, Sept. 23, 1997]
[[Page 25]]
Sec. 52.1033 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met because the plan does not include approvable procedures for meeting
all of the requirements of 40 CFR 51.302 or 51.306 for the protection of
visibility in mandatory class I Federal areas.
(b) [Reserved]
(c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated into the applicable plan for the State of Maine.
[52 FR 45138, Nov. 24, 1987, as amended at 58 FR 15431, Mar. 23, 1993]
Sec. 52.1034 Stack height review.
The State of Maine has declared to the satisfaction of EPA that no
existing emission limitations have been affected by stack height credits
greater than good engineering practice or any other prohibited
dispersion techniques as defined in EPA's stack height regulations as
revised on July 8, 1985. Such declarations were submitted to EPA on
December 17, 1985; May 30, 1986; October 2, 20, and 24, 1986; August 6,
1987; September 8 and 30, 1988.
[54 FR 8190, Feb. 27, 1989]
Sec. 52.1035 Requirements for state implementation plan revisions relating to new motor vehicles.
Maine must comply with the requirements of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.1036 Emission inventories.
(a) The Governor's designee for the State of Maine submitted 1990
base year emission inventories for the Knox and Lincoln Counties area,
the Lewiston and Auburn area, the Portland area, and the Hancock and
Waldo Counties area on July 25, 1995 as a revision to the State
Implementation Plan (SIP). The 1990 base year emission inventory
requirement of section 182(a)(1) of the Clean Air Act, as amended in
1990, has been satisfied for these areas.
(b) The inventory is for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventory
covers point, area, non-road mobile, on-road mobile, and biogenic
sources.
(c) The Knox and Lincoln Counties nonattainment area is classified
as moderate. The Lewiston and Auburn nonattainment area is classified as
moderate and consists of Androscoggin and Kennebec Counties. The
Portland nonattainment area is classified as moderate and consists of
Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties
nonattainment area is classified as attainment.
(d) The Governor's designee for the State of Maine submitted 1993
periodic year emission inventories for the Hancock and Waldo Counties
area on May 13, 1996 as a revision to the State Implementation Plan
(SIP). The 1993 periodic year emission inventory requirement of section
182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied
for the Hancock and Waldo counties area.
(e) On June 24, 1997, the Maine Department of Environmental
Protection submitted a revision to establish explicit year 2006 motor
vehicle emissions budgets [6.44 tons per summer day of VOC, and 8.85
tons per summer day of NOX] for the Hancock and Waldo
counties ozone maintenance area to be used in determining transportation
conformity.
[62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997]
Subpart V--Maryland
Sec. 52.1070 Identification of plan.
(a) Title of plans:
(1) ``Plan for Implementation of Ambient Air Quality Standards in
Cumberland, Maryland-Keyser, West Virginia, Interstate Air Quality
Control Region.''
(2) ``Plan for Implementation of Ambient Air Quality Standards in
the Central Maryland Intrastate Air Quality Control Region.''
(3) ``Plan for Implementation of Ambient Air Quality Standards in
the Metropolitan Baltimore Intrastate Air Quality Control Region.''
(4) ``Plan for Implementation of Ambient Air Quality Standards in
the Maryland portion of the National Capital Interstate Air Quality
Control Region.''
[[Page 26]]
(5) ``Plan for Implementation of Ambient Air Quality Standards in
the Southern Maryland Intrastate Air Quality Control Region.''
(6) ``Plan for Implementation of Ambient Air Quality Standards in
the Eastern Shore Intrastate Air Quality Control Region.''
(b) The plans were officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous non-regulatory additions and errata to the plan
submitted on February 25, 1972, by the Maryland Bureau of Air Quality
Control.
(2) Clarification of emission data submitted on March 3, 1972, by
the Maryland Bureau of Air Quality Control.
(3) Final State emission limitations, Regulations 10.03.35-10.03.41
of the Maryland Air Pollution Control Regulations, submitted on April 4,
1972, by the Maryland Bureau of Air Quality Control.
(4) Miscellaneous non-regulatory corrections and additions to the
plan submitted on April 28, 1972, by the Maryland Bureau of Air Quality
Control.
(5) Miscellaneous non-regulatory corrections and additions to the
plan submitted on May 8, 1972, by the Maryland Bureau of Air Quality
Control.
(6) Revision establishing unsuitable sites for construction of power
plants submitted July 27, 1972, by the Maryland Department of Natural
Resources.
(7) Transportation control plan for Metropolitan Baltimore and
National Capital AQCR Submitted on April 16, 1973, by the Governor.
(8) Amendments to the Maryland Transportation Control Plans
submitted on May 5, 1973, by the Governor.
(9) Amendments to the Maryland Transportation Control Plans
submitted on June 15, 1973, by the Governor.
(10) Amendments to the Maryland Transportation Control Plans
submitted on June 22, 1973, by the Governor.
(11) Amendments to the Maryland Transportation Control Plans
submitted on June 28, 1973, by the Governor.
(12) Amendments to the Maryland plan for attainment and maintenance
of secondary SO2 standard for Metropolitan Baltimore AQCR
submitted on July 31, 1973, by the Governor.
(13) Amendment to Maryland regulations 10.03.38.04J and 10.03.39.04J
covering gasoline handling vapor control submitted on April 24, 1974, by
the Governor of Maryland.
(14) Request for regulations 10.03.38.06G(2) and 10.03.39.06G(2) to
be withdrawn from consideration submitted on November 29, 1974, by the
Governor of Maryland.
(15) Amendments to Maryland Regulations 10.03.36, 10.03.37,
10.03.39, 10.03.40 and 10.03.41; deleting subsection .04B(3), which
requires the lowering of the allowable sulfur-in-fuel limitation to 0.5
percent submitted on December 11, 1974 by the Governor.
(16) Amendment to Sections .04J(1) and .04J(2) of Maryland
Regulations 10.03.38 and 10.03.39 (vapor recovery, Stage I); submitted
on April 24, 1974, and amended on July 1, 1975 by the Governor.
(17) Amendment to Sections .04B(1) and .04B(2) of Maryland
Regulations 10.03.37, 10.03.40 and 10.03.41 (allowable sulfur content in
fuel); submitted on July 1, 1975 by the Governor.
(18) Amendment to Maryland Regulation 10.03.38, deleting subsection
.04B(3), which requires the lowering of the allowable sulfur-in-fuel
limitation to 0.5 percent, submitted on December 11, 1974 by the
Governor.
(19) Amendments to Sections .03 (Air Pollution Episode System), .06
(Test Methods) and .11 (Permits); and deletion of Section .04 (Prior
Registration of Proposed Installations) of Maryland Regulation 10.03.35
(Regulations Governing Air Pollution Control in the State of Maryland);
amendments to Sections .03 (Control of Particulate Emissions), .04
(Control and Prohibition of oxides of nitrogen emissions), and
associated tables of Maryland Regulations 10.03.36, 10.03.37, 10.03.40,
and 10.03.41 (Regulations Governing Air Pollution Control in the
Cumberland-Keyser, Central Maryland, Southern Maryland, and Eastern
Shore AQCRs); amendments to Sections .03 (Control and Prohibition of
Particulate Emissions), .04 (Control and Prohibition of Hydrocarbons
andOxides of Nitrogen Emissions) and .06 (Control and Prohibition of
Installations and Operations)
[[Page 27]]
and associated tables of Maryland Regulations 10.03.38 and 10.03.39
(Regulations Governing Air Pollution Control in the Metropolitan
Baltimore and National Capital AQCRs); submitted on April 24, 1974 by
the Governor.
(20) Amendments to Sections .01 (Definitions), .04 (Ambient Air
Quality Standards (former Section .05 of Regulations)), 10.03.36 through
10.03.41 (Regulations Governing Control of Air Pollution in the State of
Maryland); amendments to Sections .01 (Control and Prohibition of Open
Burning), .02 (Control and Prohibition of Particulate Emissions), .03
(Control and Prohibition of Sulfur Oxides, Hydrocarbons and Oxides of
Nitrogen Emissions), and .06 (Control and Prohibition of Installations
and Operations) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40,
and 10.03.41 (Regulations Controlling Air Pollution in the Cumberland-
Keyser, Central Maryland, Southern Maryland and Eastern Shore AQCRs);
amendments to Section .02 (Control and Prohibition of Visible
Emissions), .03 (Control and Prohibition of sulfur oxides, hydrocarbons,
and oxides of nitrogen emissions), and .06 (Control and Prohibition of
Installations and Operations) of Maryland Regulations 10.03.38 and
10.03.39 (Regulations Controlling Air Pollution in the Metropolitan
Baltimore and National Capital AQCRs); submitted on December 11, 1974 by
the Governor.
(21) Amendments to Section .11 (Permits) of Maryland Regulation
10.03.35 (Regulations Governing Control of Air Pollution in the State of
Maryland); amendments to Section .04 (Control and prohibition of sulfur
oxides emissions) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40
and 10.03.41 (Regulations Governing Air Pollution Control in the
Cumberland-Keyser, Central Maryland, Southern Maryland and Eastern Shore
AQCR's); deletion of Section .03D(1) (Control of particulate matter from
grain drying installations) from Maryland Regulations 10.03.36,
10.03.37, 10.03.40 and 10.03.41; deletion of Section .03D (Control of
particulate matter from grain drying installations) from Maryland
Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution
Control in the Metropolitan Baltimore and National Capital AQCR's)
submitted by the Governor on July 1, 1975.
(22) A Consent Order for the Chalk Point power plant issued by the
Circuit Court for Montgomery County on February 27, 1978.
(23) Amendments to Sections .01 (Definitions), .03 (Air Pollution
Episode System), .06 (Test Methods) and .12 (Emission Test Methods); and
deletion of Section .08 (Penalties and Plans for Compliance) of
Regulation 10.03.35 (Regulations Governing Air Pollution Control in the
State of Maryland); amendments to Table 1 (Emission Standards for New
Fuel Burning Equipment) of Maryland Regulations 10.03.36 through
10.03.41; amendments to Section .04 (Control and Prohibition of Gas and
Vapor Emissions) and .06 (Control and Prohibition of Installations and
Operations; and deletion of Section. .03E (Process Weight Requirements)
and .07 (Transition from Previous Regulations) of Maryland Regulation
10.03.38 (Regulation Governing Air Pollution Control in the Metropolitan
Baltimore AQCR); amendments to Section .01 (Control of Open Fires) and
.04 (Control of Gas and Vapor Emissions; and deletion of Sections .03E
(Process Weight Requirements) and .07 (Transition from Previous
Regulations) of Maryland Regulation 10.03.39 (Regulation Governing Air
Pollution Control in the Maryland Portion of the National Capital
Interstate AQCR) submitted on February 10, 1977 by the Governor.
(24) Amendments to Maryland Regulation 10.03.35 through 10.03.41
inclusive which supplement the English System measurement with
equivalent metric units submitted on February 10, 1977 by the Governor.
(25) Consent Order dated July 28, 1978 between the Potomac Electric
Power Company and the Department of Health and Mental Hygiene of the
State of Maryland in the Circuit Court for Montgomery County (No.
49352--Equity) submitted on August 8, 1978 by Acting Governor Blair Lee.
(26) Consent Orders for Beall Jr./Sr. High School and Mount St.
Mary's College issued by the Secretary of the Maryland Department of
Health and Mental Hygiene on January 30, 1979 and March 8, 1979
respectively.
[[Page 28]]
(27) Amendments to Sections .01, .07, and .11 of Maryland Regulation
10.18.01 as submitted on January 19, 1979 by the Governor.
(28) Amendments to Sections .03D, .03F, .03H, .06I of Maryland
Regulation 10.18.04 and 10.18.05 as submitted on January 19, 1979 by the
Governor.
(29) Variances from Maryland regulations 10.18.04.02(A),
10.18.04.03(B)(3), and 10.18.04.04(B)(1) relating to visible emissions,
particulate matter from solid fuel burning equipment and prohibition of
usage of fuel with sulfur content in excess of one percent by weight,
respectively. The variance request was submitted on October 24, 1979 by
the Governor of Maryland.
(30) Consent orders submitted by the Governor on July 16, 1975,
November 18, 1977, and by the Administrator, Air Quality Programs on
June 15, 1979 granting the Westvaco Corporation an exception to
Regulation COMAR 10.18.02.04B.
(31)-(32) [Reserved]
(33) A consent order amending regulation 10.18.07, 10.18.07.02B,
10.18.07.03B(2)a, for the Firestone Plastics Co., Inc., Perryville,
Maryland, submitted on December 1, 1978, by the Maryland Environmental
Health Administration.
(34) Amendment to Maryland regulations 10.18.05.03(B)(2),
10.18.05.02(A), and 10.18.05.03(B)(1)(a) relating to relaxation of
particulate emissions, visible emissions and waiving of particulate
control equipment requirement for the Chalk Point Generating Station
Unit #3. The amendment, a Secretarial Order, was submitted on August 13,
1979 by the State of Maryland.
(35) Variance from Maryland regulation 10.18.04.02(A) relating to
visible emissions and allowing a maximum visible emission of 25%
opacity. This variance expires on September 11, 1982. The variance
request was submitted on September 27, 1979 by the State of Maryland.
(36) Amendments to Sections .01 (Definitions), .04 (Ambient Air
Quality Standards), and .11 (Permits) of Maryland Regulation 10.18.01
(Regulations Governing Control of Air Pollution in the State of
Maryland); and amendments to Section .02 (Control and Prohibition of
Visible Emissions) of Maryland Regulations 10.18.04 and 10.18.05
(Regulations Governing Air Pollution Control in the Metropolitan
Baltimore and National Capital AQCRS's) submitted by the Governor on
September 26, 1979.
(37) Amendments to Section .04J(3)a and .04J(3)b (Organic Compounds)
of Maryland Regulations 10.18.04 and 10.18.05; submitted on February 10,
1977 by the Governor.
(38) Deletion of Section .06G(2) (Control and Prohibition of
Photochemically Reactive Organic Compounds from sources existing on or
before February 12, 1974) of Maryland Regulations 10.18.04 and 10.18.05;
submitted on December 10, 1979 by the Governor.
(39) Deletion of Sections .06G(1) and .06G(3) (Control and
Prohibition of Photochemically Reactive Organic Materials From Sources
Built or Modified after February 12, 1974) of Maryland Regulations
10.18.04 and 10.18.05 from the Maryland State Implementation Plan (SIP).
(40) Letter of January 21, 1980 from Maryland to EPA explaining the
State's interpretation of the scope of coverage of Maryland Regulation
10.18.04.04J.
(41) Amendments to Sections .06 of Maryland Regulation 10.18.04 and
10.18.05 as submitted on January 19, 1979 by the Governor.
(42) Amendment to Section .01(y) of Maryland Regulation 10.18.01 as
submitted on December 10, 1979 by the Governor.
(43) Amendments to Regulations 10.18.04 and 10.18.05; Sections
.04J(1)c, .04J(1)d, .04J(1)e(i), .04J(1)f, .04J(1)g, .04J(1)h,
.04J(1)i(i), .04J(3)d, .04J(4)a, .04J(4)b, and .04J(5) a through j;
submitted on January 19, 1979, and amended on September 26, 1979 by the
State of Maryland.
(44) A revision submitted by the State of Maryland on December 20,
1979 which is intended to establish an Ambient Air Quality Monitoring
Network.
(45) Recodification of the Maryland Regulations submitted by the
State of Maryland on May 22, 1980.
(46) Amendments to section .04D(4) of COMAR 10.18.04 and COMAR
10.18.05 establishing a revised sulfur oxides emissions limitation for
all existing solid fuel-fired, cyclone type fuel burning
[[Page 29]]
equipment having an actual heat input in excess of 1,000 million Btu/
hour; submitted on February 20, 1980 by the Governor.
(47) October 1, 1980 letter from George P. Ferreri, Maryland Office
of Environmental Programs to James E. Sydnor, EPA, certifying that the
Baltimore Gas & Electric Company's C. P. Crane Generating Station is the
sole facility to which COMAR 10.18.04.04D(4) and 10.18.05.04D(4) would
apply.
(48) A revision submitted by the State of Maryland on 9/10/80
consisting of a variance issued to the General Refractories Company of
Baltimore, Maryland exempting the Company from the ``No Visible
Emissions'' requirements of COMAR 10.18.04.02A for aperiod of three (3)
years commencing 9/2/80.
(49) A revision submitted by the State of Maryland on November 3,
1980 consisting of a Consent Agreement (Order) between the State of
Maryland and the Maryland Slag Company decreasing the particulate matter
emission limitation for the Company.
(50) A revision submitted by the State of Maryland on October 24,
1979 consisting of amendments to the following regulations:
COMAR 10.18.01 as recodified in 40 CFR 52.1070(c)(45), 10.18.02 as
recodified in 40 CFR 52.1070(c)(45), 10.18.03 as recodified in 40 CFR
52.1070(c)(45), 10.18.04 as recodified in 40 CFR 52.1070(c)(45),
10.18.05 as recodified in 40 CFR 52.1070(c)(45), 10.18.06 as recodified
in 40 CFR 52.1070(c)(45), 10.18.07 as recodified in 40 CFR
52.1070(c)(45).
(51) A revision submitted by the State of Maryland on May 22, 1980,
consisting of changes in definitions in sections 10.18.01.01 and
revoking of obsolete regulations, COMAR 10.03.38.04 B(4) and 10.03.39.04
B(4).
(52) A revision submitted by the State of Maryland on April 24,
1974, consisting of changes in COMAR 10.03.35.06 A(1) and 10.03.35.06
A(3).
(53) A revision submitted by the State of Maryland on December 10,
1979, consisting of changes in Sections .01 and .11 of COMAR 10.18.01,
and in Sections .05 and .07 of COMAR 10.18.02, 10.18.03, 10.18.04,
10.18.05, 10.18.06 and 10.18.07.
(54) A revision submitted by the State of Maryland on October 17,
1980, consisting of an exception to COMAR 10.18.06.02B for the Maryland
Cup Corporation.
(55) A revision submitted by the State of Maryland on August 7, 1981
consisting of an exception to COMAR 10.18.09.07A(2)(c) for the Reading-
Whitehall Paperboard Company.
(56) A Secretarial order submitted by the State of Maryland on June
23, 1981 consisting of a variance issued to the Potomac Electric Power
Company at Dickerson, Maryland exempting the company from the ``no
visible emissions'' requirements of COMAR 10.18.09.05A(2) until five
years from the date of approval by EPA.
(57) A Secretarial order submitted by the State of Maryland on July
17, 1981 consisting of a various issued to the American Cyanamid
Company, Havre de Grace, Maryland from the ``no visible emissions''
requirement of COMAR 10.18.06.02B until July 8, 1986.
(58) Amendments to COMAR 10.18.01, 10.18.06, 10.18.08, 10.18.09,
10.18.11, 10.18.12, 10.18.13, 10.18.14, 10.18.21, and Technical
Memorandum TM-116 (amended November 1980) as submitted by the Governor
on May 18, 1981.
(59) Addition of Maryland Regulation 10.18.06.14 (Control of PSD
sources) which incorporates by reference the Federal prevention of
significant deterioration (PSD) requirements set forth in 40 CFR 52.21;
submitted on June 24, 1981 by the Governor.
(60) A State Implementation Plan for the control of lead (Pb)
emissions submitted on October 23, 1980 by the Governor.
(61) A letter containing supplemental clarifying information with
respect to the State's control strategy demonstration; submitted on July
27, 1981 by the Maryland Air Management Administration.
(62) A revised Secretarial order controlling lead emissions from the
Mobay Chemical Corporation's frit manufacturing plant in Baltimore,
Maryland; submitted December 16, 1981 by the Maryland Air Management
Administration.
(63) A revision submitted by the State of Maryland on October 8,
1981 detailing a plan for satisfying requirements of sections 121 and
127 of the Clean Air Act Amendments of 1977.
[[Page 30]]
(64) A revision submitted by the State of Maryland on November 18,
1981, consisting of a Modified Amended Consent Order for Potomac
Electric Power Company's Chalk Point generating station.
(65) A Secretarial order stating the terms under which a
construction permit for a new source in a nonattainment area will be
issued by the Northeast Maryland Waste Disposal Authority to
Wheelabrator-Frye, Inc. to construct and operate a municipal
incinerator; submitted on December 22, 1981 by the Director, Maryland
Air Management Administration, Department of Health and Mental Hygiene.
(66) An amendment to Code of Maryland Air Regulation (COMAR)
10.18.08.05A(1) revising the method for calculating particulate
emissions from incinerators located in the Cumberland-Keyser, Central
Maryland, Southern Maryland and Eastern Shore Air Quality Control
Regions (AQCR's), submitted on January 11, 1982 by the Governor.
(67) Code of Maryland Air Regulations (COMAR) 10.18.10 (Control of
Iron and Steel Production Installations); Technical Memorandum AMA-TM
81-04: Amendment to AMA-TM 73-116; Amendments to COMAR 10.18.01.01
(General Administrative Regulations--Definitions) and COMAR 10.18.06.02
(General Emission Standards, Prohibitions and Restriction); and a New
Amended Plan for Compliance for the Bethlehem Steel Corporation's
Sparrows Point, Maryland Plant; submitted on August 11, 1981 by the
Governor.
(68) The revised Health-Environmental Article of the Annotated Code
of Maryland, submitted on July 2, 1982 by the Director, Maryland Air
Management Administration, Department of Health and Mental Hygiene.
(69) A revision submitted by the State of Maryland on November 15,
1982, consisting of an extension to the previous visible emission
exception to COMAR 10.18.01.08 (Exception to Visible Emission
Requirements) for the Maryland Cup Corporation. The exception is renewed
until September 11, 1987.
(70) A modified Secretarial order stating the terms under which a
construction permit for a new source in a nonattainment area will be
issued to Wheelabrator-Frye, Inc. who will construct, own, and operate a
municipal incinerator; submitted on March 17, 1983 by the Director,
Maryland Air Management Administration, Department of Health and Mental
Hygiene.
(71) Plan Revision, excluding the schedules for additional VOC
controls and the required Vehicle Emissions Inspection Program,
providing for attainment of the Ozone and Carbon Monoxide Standards,
submitted by the State on July 1, 1982 for the Metropolitan Baltimore
Intrastate Air Quality Control Region (AQCR) and November 5, 1982 for
the Maryland portion of the National Capital Interstate AQCR. On May 4,
1983, and June 13 and 16, 1983, the State submitted amended I/M
regulations. A revised schedule for the adoption of controls for VOC
sources was submitted on December 23, 1983.
(72) Amendments to Code of Maryland Regulations (COMAR) 10.18.01,
.02, .06, .11, .13, and .21 which apply to air quality control areas III
and IV, submitted on August 22, 1983.
(73) A revision submitted by the State of Maryland on July 12, 1983,
consisting of a plan for Compliance for the J.L. Clark Manufacturing
Company in Havre De Grace.
(74) A Consent Order granting the Westvaco Corporation a sulfur
dioxide (SO2) emissions limitation which is equivalent to
COMAR 10.18.09. 07(A)(1)(a); submitted on September 7, 1983, as amended
on February 7, 1984 by the Maryland Air Management Administration.
(75) Revision submitted by the State of Maryland on December 13,
1983 consisting of a Plan for Compliance for the General Motors
Corporation, GM Assembly Division, Baltimore City Plant.
(76) Revision submitted by the State of Maryland on December 13,
1983 consisting of a Plan for Compliance for the American Can Company,
Baltimore City.
(77) Revision submitted by the State of Maryland on December 13,
1983 consisting of a Plan for Compliance for the National Can
Corporation, Baltimore County.
(78) Revision submitted by the State of Maryland on April 6, 1984
consisting of a Plan for Compliance for the Crown
[[Page 31]]
Cork and Seal Company, Inc., Baltimore City.
(79) Revision submitted by the State of Maryland on April 6, 1984
consisting of a Plan for Compliance for the Continental Can Company,
Baltimore City.
(80) A revision submitted by the State of Maryland on January 26,
1984, and May 25, 1984 consisting of amendments to change the State's
stationary source stack testing procedures document and to correct a
State procedural defect relating to procedures for observing visible
emissions from iron and steel facilities.
(81) [Reserved]
(82) Revisions to the Code of Maryland Regulations (COMAR) were
submitted by the Director of the Maryland Air Management Administration
of March 14, 1984.
(i) Incorporation by reference. (A) Amendments to COMAR 10.18.02
(Permits, Approvals and Registration) and COMAR 10.18.08 (Control of
Incinerators), as published in the Maryland Register on February 3, 1984
(proposed on November 11, 1983).
(ii) Additional material. (A) Letter from the MAMA dated November
29, 1984 clarifying that permit applications would only be accepted from
incinerators subject to the hazardous waste facility regulations and
that hazardous waste facility permits would be treated as air quality
permits for all purposes.
(83) Revisions to the Code of Maryland Regulations (COMAR) were
submitted by the Director of the Maryland Air Management Administration
on March 14, 1984.
(i) Incorporation by reference.
(A) Amendments to COMAR 10.18.09 (Control of Fuel Burning Equipment
and Stationary Internal Combustion Engines), as published in the
Maryland Register on March 2, 1984.
(ii) Additional information.
(A) Letter from MAMA dated November 29, 1984 clarifying that a
permit cannot be issued for the sources unless they undergo new source
review as under COMAR 10.18.02 (Permits, Approvals and Registration).
(84) [Reserved]
(85) Revisions to the Ozone Attainment Plan were submitted by the
Director, Maryland Air Management Administration, on August 1, 1984.
(i) Incorporation by reference.
(A) State Secretarial Order for the Monarch Manufacturing Company
located in Belcamp, Maryland, allowing interim VOC emission standards to
be used by the Company until source-specific regulations are developed
by MAMA. The Company shall come into compliance with the source-specific
regulations within six months after their adoption. The Secretarial
Order was approved on July 23, 1984.
(86) Revisions submitted on March, 1, 1989 by the Secretary,
Maryland Department of the Environment, amending the Code of Maryland
Air Regulations (COMAR) 10.18.21.10 (Graphic Arts) and COMAR 10.18.21.13
(Miscellaneous Metal Coating, Interior Sheet Drum Lining).
(i) Incorporation by reference.
(A) Revisions to COMAR 10.18.21.10, pertaining to graphic arts, and
COMAR 10.18.21.13, pertaining to miscellaneous metal coating, interior
sheet drum lining. These revisions were adopted by the Secretary of
Health and Mental Hygiene on June 10, 1987and became effective on August
10, 1987.
(ii) Additional information.
(A) Letter of June 30, 1987 from George P. Ferreri, Director,
Maryland Air Management Administration, to Thomas J. Maslany, EPA Region
III, forwarding revisions to COMAR 10.18.21.10 and COMAR 10.18.21.13.
(B) Letter of March 13, 1989 from George P. Ferreri, Director,
Maryland Air Management Administration to Stanley L. Laskowski, Acting
Regional Administrator, EPA Region III, clarifying information with
respect to the adopted and effective dates of the revisions to COMAR
10.18.21.10 and COMAR 10.18.21.13.
(87) A revision submitted by the Secretary, Maryland Department of
Health and Mental Hygiene on March 30, 1987, consisting of amendments to
the Good Engineering Practice (GEP) Stack Height Regulations, COMAR
10.18.01.08 (Determination of Ground Level Concentrations--Acceptable
Techniques).
(i) Incorporation by reference.
(A) Letter of March 30, 1987 from the Secretary, Maryland Department
of Health and Mental Hygiene.
[[Page 32]]
(B) COMAR 10.18.01.08 (Determination of Ground Level
Concentrations--Acceptable Techniques), which was adopted by the
Maryland Department of Health and Mental Hygiene on January 23, 1987.
(ii) Additional information.
(A) None.
(88) [Reserved]
(89) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on June 30, 1987.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated June
30, 1987 submitting a revision to the Maryland State Implementation Plan
pertaining to the definitions of true vapor pressure and vapor pressure.
(B) Maryland Register Volume 13, page 2048; COMAR 10.18.01.01
Definitions V-1. and X-1 (Now recodified as COMAR 26.11.01.01 Z. and
CC.).
(90) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on March 21, 1991.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated March
21, 1991 submitting a revision to the Maryland State Implementation
Plan.
(B) Recodified Maryland Regulations, revised effective August 1,
1988.
(1) COMAR 26.11.01.01A. through J., L., O. through BB., DD. (except
for ``ammonium carbonates''); COMAR 26.11.01.02 through 26.11.01.09.
(2) COMAR 26.11.02.01 through 26.11.02.03A.(6)(o), 26.11.02.03A.(7)
through 26.11.02.09, 26.11.02.10A., 10E., 26.11.02.11A., .11B.(2)-(3),
11C., 26.11.02.12 through 26.11.02.16.
(3) COMAR 26.11.03.01 through 26.11.03.03, 26.11.03.05 through
26.11.03.08.
(4) COMAR 26.11.05--(Entire Chapter).
(5) COMAR 26.11.06.03A.-.03C.; 26.11.06.05, 26.11.06A., .06C., .06D;
26.11.06.10, 26.11.06.11, 26.11.06.15, 26.11.06.16.
(6) COMAR 26.11.07.01 through 26.11.07.04, 26.11.07.05A. (1), (2),
26.11.07.05A.(5) through .05A.(7), 26.11.07.05B (1), (2), (4), (5).
(7) COMAR 26.11.09.01 through 26.11.09.04, 26.11.09.05B.,
26.11.09.06 through 26.11.09.09.
(8) COMAR 26.11.10--Entire chapter except for COMAR
26.11.10.03B.(3).
(9) COMAR 26.11.11--Entire chapter except for COMAR 26.11.11.04A(1)-
(4).
(10) COMAR 26.11.12--Entire Chapter.
(11) COMAR 26.11.13.01 (definitions of ``external floating roof,''
``gasoline,'' ``internal floating roof,'' ``liquid-mounted seal,''
``metallic-type shoe seal,'' ``rim-mounted secondary seal,'' ``shoe
mounted secondary seal,'' ``tank truck,'' ``vapor control system,''
``vapor mounted seal''; 26.11.13.02 (except for .02C(3)), 26.11.13.03,
26.11.13.04B., 26.11.13.05.
(12) COMAR 26.11.19.01A., 01B(2), (4), (5), .02A, .02B(1) (except
for ``low VOC adhesives''), .02B(2), (3), .02C(1), (2), .02D., .02E
(except for all references to variables ``C'' and ``D''), .02F(1), (2),
(3) (except for ``and''); 26.11.19.04 through 26.11.19.10, 26.11.19.13,
26.11.19.14.
(13) COMAR 26.11.20--Entire Chapter except for COMAR 26.11.20.02.
(ii) Additional materials.
(A) Remainder of the March 21, 1991 State Submittal known as
Maryland 91-01B.
(91) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment--Air Management Administration on
August 20, 1984, regarding a bubble for American Cyanamid in Havre de
Grace, Maryland.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Health and Mental
Hygiene--Air Management Administration (now known as the Maryland
Department of the Environment--Air Management Administration) dated
August 20, 1984 submitting a revision to the Maryland State
Implementation Plan regarding a bubble for American Cyanamid.
(B) Secretarial Order (By Consent) between American Cyanamid and the
Maryland State Department of Health and Mental Hygiene--Air Management
Administration (now known as the Maryland Department of the
Environment--Air Management Administration) except for section 2,
approved on August 2, 1984.
(ii) Additional material.
(A) Letter dated September 17, 1984 from Ronald E. Lipinski, MAMA,
to
[[Page 33]]
James Topsale, EPA Region III, providing emissions information for the
sources involved in the American Cyanamid bubble.
(B) Public Hearing record for the May 23, 1984 public hearing.
(C) Technical Support Document, prepared by Maryland, for American
Cyanamid, including formulas to calculate bubble emissions.
(92) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on December 15, 1987.
(i) Incorporation by reference. (A) Letter from the Maryland
Department of Environment dated December 15, 1987 submitting a revision
to the Maryland State Implementation Plan.
(B) Amendments to the Code of Maryland Air Regulations (COMAR)
10.18.03, State Adopted National Ambient Air Quality Standards and
Guidelines limited to the amendment of 10.18.03.04, carbon monoxide and
COMAR 10.18.06, General Emission Standards, Prohibitions, and
Restrictions, limited to the amendment of 10.18.06.04, carbon monoxide
in areas III and IV. The amendments to COMAR 10.18.03.04 and 10.18.06.04
were adopted by the Maryland Department of the Environment on November
4, 1987, and made effective on January 5, 1988.
(93) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on December 30, 1987.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated
December 15, 1987, submitting revisions to the Maryland State
Implementation Plan.
(B) Amendments to regulations 10.18.01 O-1, 10.18.02.03 H(3)(i), and
10.18.06.14 under the Code of Maryland Administrative Regulations
(COMAR) revising Maryland's prevention of significant deterioration
program to incorporate changes to 40 CFR 52.21 made between 1980 and
1986. The amendments to COMAR 10.18.01 O-1, 10.18.02.03 H(3)(i), and
10.18.06.14 were effective on January 5, 1988 in the State of Maryland.
(ii) Additional materials.
(A) None.
(94) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on March 8, 1989.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated March
1, 1989, submitting revisions to the Maryland State Implementation Plan.
(B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9), and
26.11.06.14 (proposed as 10.18.01 O-1, 10.18.02.03 H(3)(i), and
10.18.06.14) under the Code of Maryland Administrative Regulations
(COMAR) revising Maryland's prevention of significant deterioration
program to incorporate changes to 40 CFR 52.21 made between 1986 and
1987, thereby establishing the increment for NO2 and
requiring sources to conduct an NO2 increment consumption
analysis. The amendments to COMAR 26.11.01.01, 26.11.02.10 (C)(9), and
26.11.06.14 were effective on March 21, 1989 in the State of Maryland.
(ii) Additional materials.
(A) None.
(95) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on March 28, 1991.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated March
21, 1991 submitting revisions to the Maryland State Implementation Plan.
(B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the
Code of Maryland Administrative Regulations (COMAR) revising Maryland's
prevention of significant deterioration program to incorporate changes
to 40 CFR 52.21 made between 1987 and 1989. The amendments to COMAR
26.11.01.01, and 26.11.06.14 were effective on March 31, 1991 in the
State of Maryland. The amendments to 26.11.02.10 (C)(9) were effective
on May 8, 1991 in the State of Maryland.
(ii) Additional materials.
(A) None.
(96) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on April 3, 1992.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated March
[[Page 34]]
27, 1992 submitting revisions to the Maryland State Implementation Plan.
(B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the
Code of Maryland Administrative Regulations (COMAR) revising Maryland's
prevention of significant deterioration program to incorporate changes
to 40 CFR 52.21 made between 1989 and 1990. The amendments to COMAR
26.11.01.01 and 26.11.06.14 were effective on February 17, 1992 in the
State of Maryland.
(ii) Additional materials.
(A) Remainder of April 3, 1992, State submittal.
(97) Revisions to the State Implementation Plan submitted on June
14, 1989, by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of June 14, 1989, from the Maryland Department of the
Environment transmitting a revision to a Maryland State Implementation
Plan.
(B) Revision to COMAR 26.11.01.01E (Definition of ``Control
Officer''), effective June 20, 1989.
(ii) Additional material.
(A) Remainder of the June 14, 1989 State submittal.
(98) Revisions to the Maryland State Implementation Plan submitted
on April 5, 1991, and amended on January 18, 1993, by the Maryland
Department of the Environment:
(i) Incorporation by reference.
(A) Letters of April 5, 1991, and January 18, 1993, from the
Maryland Department of the Environment transmitting additions and
revisions to Maryland's State Implementation Plan, pertaining to
volatile organic compound regulations in Maryland's air quality
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
(B) The addition of COMAR 26.11.19.15C (proposed as COMAR
10.18.19.15C), Standards for Adhesive Application, adopted by the
Secretary of Health and Hygiene on June 10, 1987, effective August 10,
1987;
(C) Amendments to COMAR 26.11.19.15C adopted by the Secretary of the
Environment on March 9, 1991, effective May 8, 1991; and
(D) Amendments to COMAR 26.11.19.15C(4) adopted by the Secretary of
the Environment on January 18, 1992, effective February 15, 1993.
(ii) Additional material.
(A) Remainder of April 5, 1991, and January 18, 1993, State
submittals pertaining to COMAR 26.11.19.15C, Standards for Adhesive
Application.
(B) Letter of April 17, 1992, from the Maryland Department of the
Environment clarifying the intent of its April 5, 1991, letter
transmitting revisions and additions to Maryland's State Implementation
Plan.
(C) Letter of July 10, 1992, from the Maryland Department of the
Environment clarifying Maryland's intent regarding COMAR 26.11.19.15C(4)
and stating that Maryland was working to correct the administrative
error in COMAR 26.11.19.15C(4) contained in the April 5, 1991,
submittal.
(99) Revisions to the Maryland regulations for particulate matter
(PM-10) submitted on March 1, 1989, by the Maryland Department of the
Environment:
(i) Incorporation by reference.
(A) Letter of March 1, 1989, from the Department of the Environment
transmitting a revision to the Maryland State implementation plan for
particulate matter (PM-10) Group III areas.
(B) COMAR 10.18.01 (General Administrative Provisions), COMAR
10.18.02 (Permits, Approvals, and Registration), COMAR 10.18.03 (State-
Adopted National Ambient Air Quality Standards and Guidelines), COMAR
10.18.05 (Air Pollution Episode System), and COMAR 10.18.06 (General
Emission Standards, Prohibitions, and Restrictions) as published in the
Maryland Register on February 10, 1989. The regulations were adopted on
January 20, 1989, and became effective on March 21, 1989.
(ii) Additional materials.
(A) Remainder of the State implementation plan revision request
submitted by the Maryland Department of the Environment on March 1,
1989.
(100) Revisions to the Code of Maryland Administrative Regulations
(COMAR) submitted on June 7, 1990, by the Maryland Department of the
Environment:
(i) Incorporation by reference.
(A) Letter of June 7, 1990, from the Maryland Department of the
Environment transmitting revisions to the Maryland State Implementation
Plan.
[[Page 35]]
(B) The following revised regulations to COMAR 26.11.05 (Air
Pollution Episode Plans), effective June 18, 1990: 26.11.05.01A., .01B.,
.01H., and .01J.; 26.11.05.02B., .02C.; 26.11.05.03A., 03B., 03D.;
26.11.05.05A., 05B., 05C., and .05D. Deletion of the definition
``coefficient of haze.''
(ii) Additional material.
(A) Remainder of the June 7, 1990, State submittal.
(101) Revisions to the State of Maryland Regulations Oxygenated
Gasoline Program regulations submitted on November 13, 1992, by the
Maryland Department of the Environment. Effective date October 26, 1992.
(i) Incorporation by reference.
(A) Letter of November 13, 1992, from the Maryland Department of the
Environment transmitting Oxygenated Gasoline Program regulations.
(B) The following State of Maryland regulations effective October
26, 1992:
(1) Amendments to COMAR 26.11.13.01 (Control of Gasoline and
Volatile Organic Compound Storage and Handling).
(2) Deletion of Regulation .06 under COMAR 26.11.13 (Control of
Gasoline and Volatile Organic Compound Storage and Handling).
(3) New Regulation COMAR 26.11.20.03 (Mobile Sources).
(4) COMAR 03.03.05.01, .01-1, .02-1, .05, .08, and .15 (Motor Fuel
Inspection).
(5) COMAR 03.03.06.01 through .06 (Emissions Control Compliance).
(ii) The remainder of the November 13, 1992, submittal.
(102) Revisions to the Maryland State Implementation Plan submitted
on April 5, 1991 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 5, 1991 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of Health and Hygiene on June 10, 1987,
effective August 10, 1987:
(1) Amendments to COMAR 26.11.06.06B (proposed as 10.18.06.06B),
pertaining to control of Volatile organic compounds from installations.
(2) Addition of new section COMAR 26.11.06.06E, (proposed as
10.18.06.06E), exemptions.
(3) Amendments to COMAR 26.11.19.01B, (proposed as COMAR
10.18.21.01B), including the addition of the definitions for the terms
adhesive and exempt solvent, the renumbering of all definitions.
(4) Amendments to COMAR 26.11.19.02B-F, (proposed as COMAR
10.18.21.02B-F), pertaining to compliance methods, methods of assessing
compliance, test methods, computations, and reporting.
(5) Amendments to COMAR 26.11.19.10B, (proposed as COMAR
10.18.21.10B), pertaining to applicability and exemptions for graphic
arts sources.
(6) Amendments to COMAR 26.11.19.13, (proposed as COMAR
10.18.21.13), pertaining to miscellaneous metal coating.
(7) Addition of new section COMAR 26.11.19.15A (proposed as
10.18.21.15A), definition of terms.
(8) Addition of new section COMAR 26.11.19.15B (proposed as
10.18.21.15B), standards for paint, resin and adhesive manufacturing.
(C) Amendments to COMAR 26.11.19.12 (proposed as COMAR 10.18.21.12),
pertaining to dry cleaning installations, including the addition of new
sections E and F, pertaining to equipment specifications, emission
standards, and compliance determinations for petroleum solvent dry
cleaning installations, adopted by the Secretary of the Environment on
April 21, 1989, effective June 20, 1989.
(D) Amendments to COMAR 26.11.19.12B-F, pertaining to applicability,
exemptions, equipment specifications, emission standards, and compliance
determinations for perchloroethylene and petroleum solvent dry cleaning
installations, adopted by the Secretary of the Environment on May 17,
1990, effective July 16, 1990.
(E) The following revisions to the provisions of COMAR 26.11,
adopted by
[[Page 36]]
the Secretary of the Environment on March 9, 1991, effective May 8,
1991:
(1) Amendments to COMAR 26.11.01.01, including the addition of
definitions for the terms actual emissions, allowable emissions,
potential to emit, premises, and reasonably available control technology
(RACT); deletion of the definition for the term Ringelmann Smoke Chart;
amendments to definitions for the terms New Source Impacting on a Non-
Attainment Area (NSINA) and volatile organic compound (VOC); and
renumbering of all definitions.
(2) Amendments to COMAR 26.11.02.03A(6)(k)(vii), pertaining to
permits to construct or modify for motor vehicle gasoline storage tanks.
(3) The addition of new section COMAR 26.11.06.01, definitions for
the terms installation and process line.
(4) Amendments to COMAR 26.11.06.06A, B and E, pertaining to
applicability, control, and exemptions for sources of volatile organic
compounds.
(5) The deletion of existing COMAR 26.11.13, pertaining to gasoline
and volatile organic compound storage and handling.
(6) The addition of new COMAR 26.11.13.01, .02, .03, .05, and .06,
pertaining to definitions, applicability, and exemptions for gasoline
and volatile organic compounds storage and handling, large storage
tanks, gasoline leaks from tank trucks, and Reid Vapor Pressure.
(7) Amendments to COMAR 26.11.19.01B, addition of the definition for
the term transfer efficiency, amendments to the definition for the term
coating.
(8) Amendments to COMAR 26.11.19.02A-F, pertaining to applicability,
compliance methods, methods of assessing compliance, test methods,
computations, and reporting for volatile organic compound regulations.
(9) Amendments to COMAR 26.11.19.07, the addition of new section B
and revisions to new section C (former section B), pertaining to paper,
fabric, and vinyl coating.
(10) Amendments to COMAR 26.11.19.10A, the deletion of definitions
for the terms high velocity hot-air dryer, letterpress methods,
lithographic methods, and roll printing; revisions to the definition for
the term web printing; and renumbering of all definitions.
(11) Amendments to COMAR 26.11.19.10B and C, pertaining to graphic
arts, including the deletion of existing section C and the addition of
new section C.
(12) The addition of new COMAR 26.11.19.11A, B, and C, pertaining to
sheet-fed paper and plastic parts coating, including definitions for the
terms fountain, letterpress printing, lithographic printing, plastic
parts coating, and sheet-fed coating.
(13) Amendments to COMAR 26.11.19.13B and C, pertaining to
miscellaneous metal coating.
(14) Amendments to COMAR 26.11.19.14B, pertaining to synthesized
pharmaceutical products.
(15) Amendments to COMAR 26.11.19.15A and B, pertaining to paint,
resin, and adhesive manufacturing, including revisions to definitions
for the terms adhesive application, resin thin down tank, specialty
footwear manufacturing, specialty spiral tube winding, spiral tube
winding, and spiral wound tube impregnating and curing, the deletion of
the definition for the term honeycomb core installation, and the
renumbering of all definitions.
(ii) Additional material.
(A) Remainder of April 5, 1991 State submittal pertaining to COMAR
26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E,
26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06,
26.11.19.01B, 26.11.19.02A-F, 26.11.19.07, 26.11.19.10, 26.11.19.11A-C,
26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B.
(B) Letter of April 17, 1992 from the Maryland Department of the
Environment clarifying the intent of its April 5, 1991 letter
transmitting additions, deletions, and revisions to Maryland's State
Implementation Plan.
(C) Letter of October 18, 1993 from the Maryland Department of the
Environment formally withdrawing revisions to COMAR 26.11.19.11D and E,
pertaining to lithographic printing, from consideration as revisions to
Maryland's State Implementation Plan.
(103) Revisions to the Maryland State Implementation Plan submitted
on
[[Page 37]]
September 20, 1991 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of September 20, 1991 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on July 24, 1991, effective
August 19, 1991:
(1) Amendments to COMAR 26.11.01.01DD, the definition for the term
volatile organic compound.
(2) Amendments to COMAR 26.11.01.04C, pertaining to emission test
methods, including the addition of a: reference to 40 CFR part 60; and
Methods 1000, 1002, and 1003 and Appendixes A and B, contained in
``Technical Memorandum 91-01, Test Methods and Equipment Specifications
for Stationary Sources'' (January 1991).
(3) Amendments to COMAR 26.11.13.02(C)(2), pertaining to exemptions
for large storage tanks.
(4) Amendments to COMAR 26.11.19.02D(2), pertaining to test methods.
(5) Amendments to COMAR 26.11.19.07A, including amendments to the
definition for the term paper coating, and the addition of definitions
for the terms sheet-fed paper coating and ultraviolet curable coating,
and the renumbering of definitions.
(6) Addition of new COMAR 26.11.19.07D, pertaining to sheet-fed
paper coating.
(7) Addition of new COMAR 26.11.19.11B(2), and amendments to COMAR
26.11.19.11C, pertaining to plastic coating.
(8) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to
compliance determinations for petroleum solvent dry cleaning
installations.
(9) Addition of new COMAR 26.11.19.16, pertaining to volatile
organic compound equipment leaks.
(ii) Additional material.
(A) Remainder of the September 20, 1991 State submittal pertaining
to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and
Methods 1000, 1002, and 1003 contained in ``Technical Memorandum 91-01,
Test Methods and Equipment Specifications for Stationary Sources''
(January 1991), COMAR 26.11.13.02(C)(2), COMAR 26.11.19.02D(2), COMAR
26.11.19.07A, COMAR 26.11.19.07D, COMAR 26.11.19.11B(2) and C, COMAR
26.11.19.12F(3) and (4), and COMAR 26.11.19.16.
(104) Revisions to the Maryland State Implementation Plan submitted
on April 2, 1992 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 2, 1992 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on January 20, 1992,
effective February 17, 1992:
(1) Amendments to COMAR 26.1.01.01DD, the definition for the term
volatile organic compound.
(2) Amendments to COMAR 26.11.01.04C, pertaining to emission test
methods, including the addition of Methods 1006, 1007, and 1008
contained in Supplement 1 (July 1, 1991) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources''
(January 1991), and revisions to Method 1000 and Appendixes A and B
contained in Supplement 1.
(3) Amendments to COMAR 26.11.19.02D, pertaining to test methods for
coatings and adhesives containing volatile organic compounds.
(4) Amendments to COMAR 26.11.19.09B, pertaining to emission
standards for volatile organic compound metal cleaning.
(5) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to
compliance determinations for petroleum solvent dry cleaning
installations.
(ii) Additional material.
[[Page 38]]
(A) Remainder of the April 2, 1992 State submittal pertaining to
COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods
1002, 1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to
``Technical Memorandum 91-01, Test Methods and Equipment Specifications
for Stationary Sources'' (January 1991), COMAR 26.11.19.02D, COMAR
26.11.19.09B, and COMAR 26.11.19.12F(3) and (4).
(105) Revisions to the Maryland State Implementation Plan submitted
on January 18, 1993 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of January 18, 1993 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on January 18, 1993,
effective February 15, 1993:
(1) Amendments to COMAR 26.11.01.04C, pertaining to emission test
methods, including the addition of Methods 1009, 1011, and 1012
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources''
(January 1991), and revisions to Method 1003 and Appendix B contained in
Supplement 2.
(2) Amendments to COMAR 26.11.13.05B(2) and C(2), pertaining to
compliance determinations for tank trucks.
(3) Amendments to COMAR 26.11.19.07A(4), the definition for the term
ultraviolet curable coating.
(ii) Additional material.
(A) Remainder of the January 18, 1993 State submittal pertaining to
COMAR 26.11.01.04C, Appendix B and Methods 1003, 1009, 1011, and 1012
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources
(January 1991), COMAR 26.11.13.05B(2) and C(2), and COMAR
26.11.19.07A(4).
(106) Revisions to the Maryland Regulations submitted on September
18, 1991 by the Maryland Department of the Environment.
(i) Incorporation by reference.
(A) Letter of September 18, 1991 from the Maryland Department of the
Environment transmitting the continuous emission monitoring revision.
(B) Definition amendments to Code of Maryland Administrative
Regulations (COMAR) 26.11.01.01, excluding paragraph E-1, and new
regulations COMAR 26.11.01.10 Continuous Emission Monitoring
Requirements, concerning continuous opacity monitoring, effective July
22, 1991.
(ii) Additional materials.
(A) Remainder of September 23, 1991 State submittal.
(107) Revisions to the Maryland State Implementation Plan submitted
on January 18, 1993, by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of January 18, 1993, from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
(B) The addition of COMAR 26.11.24, Stage II Vapor Recovery at
Gasoline Dispensing Facilities, adopted by the Secretary of the
Environment on January 18, 1993, effective February 15, 1993.
(ii) Additional material.
(A) Remainder of the January 18, 1993, State submittal pertaining to
COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing
Facilities.
(108) Revisions to the Code of Maryland Administrative Regulations
(COMAR) submitted on March 30, 1987 by the Maryland Department of Health
and Mental Hygiene:
(i) Incorporation by reference.
(A) Letter of March 30, 1987 from the Maryland Department of Health
and Mental Hygiene transmitting revisions to the Maryland State
Implementation Plan (SIP).
(B) Revised COMAR 10.18.02.03H. (Action on an Application for a
Permit and for Approval of a PSD Source or
[[Page 39]]
NSINA) (currently COMAR 26.11.02.10C.), effective March 24, 1987.
(ii) Additional material.
(A) Remainder of the March 30, 1987 State submittal pertaining to
COMAR 10.18.02.03H. (currently COMAR 26.11.02.10C.).
(109) Revisions to the State of Maryland Regulations State
Implementation Plan submitted on November 13, 1992 by the Maryland
Department of the Environment:
(i) Incorporation by reference.
(A) Letter of November 13, 1992 from Maryland Department of the
Environment transmitting a revised regulation to require major sources
of volatile organic compounds and oxides of nitrogen, Statewide, to
certify their emissions annually.
(B) Revisions to Title 26, COMAR 26.11.01, specifically to amend
regulation .01, and to add regulation .05-1. Effective on December 7,
1992.
(ii) Additional material.
(A) Remainder of December 7, 1992 State submittal.
(110) Revisions to the Maryland State Implementation Plan submitted
on April 5, 1991 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 5, 1991 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The addition of COMAR 26.11.13.04, pertaining to loading
operations, adopted by the Secretary of the Environment on March 9,
1991, effective May 8, 1991.
(ii) Additional material.
(A) Remainder of April 5, 1991 State submittal pertaining to COMAR
26.11.13.04, loading operations.
(111) Revisions to the Maryland State Implementation Plan submitted
on April 2, 1992 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 2, 1992 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
(B) Revisions to COMAR 26.11.13.04A(3), pertaining to test
procedures for bulk gasoline terminals, adopted by the Secretary of the
Environment on January 20, 1992, effective February 17, 1992.
(ii) Additional material.
(A) Remainder of April 2, 1992 State submittal pertaining to COMAR
26.11.13.04A(3), test procedures for bulk gasoline terminals.
(112) Revisions to the Maryland State Implementation Plan submitted
on January 18, 1993 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of January 18, 1993 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
(B) Revisions to COMAR 26.11.13.04A(3), pertaining to test
procedures for bulk gasoline terminals, adopted by the Secretary of the
Environment on January 18, 1993, effective February 15, 1993.
(ii) Additional material.
(A) Remainder of January 18, 1993 State submittal pertaining to
COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.
(113) Revisions to the Maryland State Implementation Plan submitted
on June 8, 1993 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of June 8, 1993 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
(B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on March 26, 1993, effective
April 26, 1993:
(1) Amendments to COMAR 26.11.11.02B and C, pertaining to asphalt
paving.
[[Page 40]]
(2) Amendments to COMAR 26.11.13.01B(1), the definition for the term
bulk gasoline plant.
(3) Amendments to COMAR 26.11.13.02, pertaining to applicability and
exemptions.
(4) Amendments to COMAR 26.11.13.04, pertaining to loading
operations.
(5) The addition of new COMAR 26.11.13.07, pertaining to plans for
compliance.
(6) Amendments to COMAR 26.11.19.01B(4), the definition for the term
major stationary source of VOC.
(7) Amendments to COMAR 26.11.19.02A, F, and H, pertaining to
applicability, reporting and recordkeeping, and plans for compliance,
respectively.
(8) Amendments to COMAR 26.11.19.10, pertaining to graphic arts.
(ii) Additional material.
(A) Remainder of June 8, 1993 State submittal pertaining to COMAR
26.11.11.02B and C, COMAR 26.11.13.01B(1), COMAR 26.11.13.02, COMAR
26.11.13.04, COMAR 26.11.13.07, COMAR 26.11.19.01B(4), COMAR
26.11.19.02A, F, and H, and COMAR 26.11.19.10.
(114) Revisions to the Maryland State Implementation Plan submitted
on July 19, 1993 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 19, 1993 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
(B) Revisions to COMAR 26.11.13.04A, pertaining to bulk gasoline
terminals, adopted by the Secretary of the Environment on June 25, 1993,
effective July 19, 1993.
(ii) Additional material.
(A) Remainder of July 19, 1993 State submittal pertaining to COMAR
26.11.13.04A, bulk gasoline terminals.
(115)-(116) [Reserved]
(117) The carbon monoxide redesignation request and maintenance plan
for the Baltimore Carbon Monoxide nonattainment area, submitted by the
Maryland Department of the Environment on September 20, 1995, as part of
the Maryland SIP. The emission inventory projections are included in the
maintenance plan.
(i) Incorporation by reference.
(A) Letter of September 20, 1995 from the Maryland Department of the
Environment requesting the redesignation and submitting the maintenance
plan.
(B) The ten year carbon monoxide maintenance plan for the Baltimore
Carbon Monoxide nonattainment area adopted on August 31, 1995.
(ii) Additional material.
(A) Remainder of September 20, 1995 State submittal.
(118) The carbon monoxide redesignation and maintenance plan for the
Counties of Montgomery and Prince George, Maryland submitted by the
Maryland Department of the Environment on October 12, 1995, as part of
the Maryland SIP. The emission inventory projections are included in the
maintenance plan.
(i) Incorporation by reference.
(A) Letter of October 12, 1995 from the Maryland Department of the
Environment requesting the redesignation and submitting the maintenance
plan.
(B) Maintenance Plan for the Maryland portion of the Metropolitan
Washington Carbon Monoxide Nonattainment Area adopted on September 20,
1995.
(ii) Additional material.
(A) Remainder of October 12, 1995 State submittal.
(119) Revisions to the Code of Maryland Administrative Regulations
for prevention of significant deterioration submitted on July 17, 1995
by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 17, 1995 from the Maryland Department of the
Environment transmitting revisions to the Maryland State Implementation
Plan.
(B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9) and
26.11.06.14 under the Code of Maryland Administrative Regulations
(COMAR) revising Maryland's prevention of significant deterioration
program to incorporate changes to 40 CFR 52.21 made between 1992 and
1993. The amendments were effective on May 8, 1995 in the State of
Maryland.
(ii) Additional material.
[[Page 41]]
(A) Remainder of July 17, 1995 State of Maryland submittal.
(120) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The following amendments to COMAR 26.11.07, pertaining to open
fires, adopted by the Secretary of the Environment on May 1, 1995,
effective May 22, 1995:
(1) the deletion of sections 26.11.07.01 A and B, definitions for
the terms ``hazardous material'' and ``I.I.A. standards.''
(2) addition of new section 26.11.07.01B, ``Terms Defined.''
(3) addition of new sections 26.11.07.01B(1) and (2), definitions of
the terms ``excessive lodging'' and ``forest resource management
practices.''
(4) renumbering of old sections 26.11.07.01C & D, now new sections
26.11.07.01B(3) & (4).
(5) amendments to section 26.11.07.02, pertaining to general
provisions.
(6) amendments to sections 26.11.07.03A, B, and B(1), pertaining to
open fires authorized by control officers.
(7) addition of new section 26.11.07.03C, ``Prohibition on Open
Burning.''
(8) amendments to section 26.11.07.04, pertaining to open fires
authorized by public officers, including the addition of new sections
(4)--(7).
(9) amendments to section 26.11.07.05, pertaining to open fires
allowed without authorization.
(ii) Additional material.
(A) Remainder of July 12, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.07.
(121) Revisions to the Maryland State Implementation Plan submitted
on July 17, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) Amendments to COMAR 26.11.19.02A, pertaining to once-in, always-
in applicability provisions, consisting of revisions to COMAR
26.11.19.02A(3), and the addition of new COMAR 26.11.19.02A (4) and (5),
adopted by the Secretary of the Environment on April 7, 1995, and
effective on May 8, 1995.
(C) Amendments to COMAR 26.11.19.01B, consisting of the addition of
new COMAR 26.11.19.01B(1-1), the definition for the term ``annual,''
adopted by the Secretary of the Environment on April 7, 1995, effective
on May 8, 1995.
(ii) Additional material.
(A) Remainder of July 17, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.02A(3)-(5) and COMAR 26.11.19.01B(1-1).
(122) Revisions to the Maryland State Implementation Plan submitted
on July 17, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 17, 1995 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, COMAR 26.11.
(B) Addition of new COMAR 26.11.01.01B(20-I) and new COMAR
26.11.24.01B(9-I), definition of the term ``motor vehicle,'' adopted by
the Secretary of the Environment on April 7, 1995, and effective on May
8, 1995.
(ii) Additional material.
(A) Remainder of July 17, 1995 Maryland State submittal pertaining
to COMAR 26.11.01.01B(20-I) and COMAR 26.11.24.01B(9-I), definition of
the term ``motor vehicle.''
(123) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
[[Page 42]]
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
(B) Deletion of old COMAR 26.11.19.09 Volatile Organic Compound
Metal Cleaning (entire regulation).
(C) Addition of new COMAR 26.11.19.09 Control of VOC Emissions from
Cold and Vapor Degreasing, adopted by the Secretary of the Environment
on May 12, 1995, and effective on June 5, 1995, including the following:
(1) Addition of new COMAR 26.11.19.09.A Definitions.
(2) Addition of new COMAR 26.11.19.09.B Terms Defined, including
definitions for the terms ``cold degreasing,'' ``degreasing material,''
``grease,'' ``halogenated substance,'' ``vapor degreasing,'' and ``VOC
degreasing material.''
(3) Addition of new COMAR 26.11.19.09.C Applicability.
(4) Addition of new COMAR 26.11.19.09.D Requirements.
(5) Addition of new COMAR 26.11.19.09.E Specifications for Cold
Degreasing and Requirements for Vapor Degreasing.
(6) Addition of new COMAR 26.11.19.09.F. Records.
(ii) Additional material.
(A) Remainder of July 12, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.09 Control of VOC Emissions from Cold and Vapor
Degreasing.
(124) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
(B) Addition of new COMAR 26.11.19.23 Control of VOC Emissions from
Vehicle Refinishing, adopted by the Secretary of the Environment on May
1, 1995, and effective on May 22, 1995, including the following:
(1) Addition of new COMAR 26.11.19.23A Definitions, including
definitions for the terms ``base coat/clear coat system,'' ``controlled
air spray system,'' ``mobile equipment,'' ``multistage coating
equipment,'' ``precoat,'' ``pretreatment,'' ``primer sealer,'' ``primer
surfacer,'' ``specialty coating,'' ``topcoat,'' and ``vehicle
refinishing.''
(2) Addition of new COMAR 26.11.19.23B. Applicability and
Exemptions.
(3) Addition of new COMAR 26.11.19.23C. Coating Standards and
General Conditions.
(4) Addition of new COMAR 26.11.19.23D. Calculations.
(5) Addition of new COMAR 26.11.19.23E. Requirements for Specialty
Coatings.
(6) Addition of new COMAR 26.11.19.23F. Coating Application
Equipment Requirements.
(7) Addition of new COMAR 26.11.19.23G. Cleanup and Surface
Preparation Requirements
(8) Addition of new COMAR 26.11.19.23H. Monitoring and Records.
(ii) Additional material.
(A) Remainder of July 12, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.23 Vehicle Refinishing.
(125) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Four letters dated July 12, 1995 from the Maryland Department of
the Environment transmitting additions to Maryland's State
Implementation Plan, pertaining to volatile organic compound (VOC)
regulations in Maryland's air quality regulations, COMAR 26.11.
(B) Regulations:
(1) Addition of new COMAR 26.11.19.17 Control of VOC Emissions from
Yeast Manufacturing, adopted by the Secretary of the Environment on
October 14, 1994 and effective on November 7, 1994, revisions adopted by
the Secretary of the Environment on May 12, 1995, and effective on June
5, 1995, including the following:
[[Page 43]]
(i) Addition of new COMAR 26.11.19.17.A Definitions, including
definitions for the terms ``fermentation batch,'' ``first generation
fermenter,'' ``stock fermenter,'' ``trade fermenter,'' and ``yeast
manufacturing installation.''
(ii) Addition of new COMAR 26.11.19.17.B Applicability, Exemptions,
and Compliance Date.
(iii) Addition of new COMAR 26.11.19.17.C Requirements for Yeast
Manufacturing Installations.
(iv) Addition of new COMAR 26.11.19.17.D Determination of Compliance
and Testing.
(v) Addition of new COMAR 26.11.19.17.E Reporting Requirements.
(vi) Amendment to COMAR 26.11.19.17.C(3), pertaining to limits for
temperature and pH.
(vii) Amendment to COMAR 26.11.19.17.D(3), pertaining to stack test
dates.
(2) Addition of new COMAR 26.11.19.18 Control of VOC Emissions from
Screen Printing, adopted by the Secretary of the Environment on October
14, 1994 and effective on November 7, 1994, revisions adopted by the
Secretary of the Environment on May 16, 1995 and effective on June 5,
1995, including the following:
(i) Addition of new COMAR 26.11.19.18.A, including definitions for
the terms ``acid/etch resist ink,'' ``anoprint ink,'' ``back-up
coating,'' ``clear coating,'' ``conductive ink,'' ``electroluminescent
ink,'' ``exterior illuminated sign,'' ``haze removal,'' ``ink removal,''
``maximum VOC content,'' ``plastic card manufacturing installation,''
``plywood sign coating,'' ``screen printing,'' ``screen printing
installation,'' ``screen reclamation,'' ``specialty inks.''
(ii) Addition of new COMAR 26.11.19.18.B Applicability.
(iii) Addition of new COMAR 26.11.19.18.C General Requirements for
Screen Printing.
(iv) Addition of new COMAR 26.11.19.18.D General Requirements for
Plywood Sign Coating.
(v) Addition of new COMAR 26.11.19.18.E General Requirements for
Plastic Card Manufacturing Installations.
(vi) Addition of new COMAR 26.11.19.18.F Control of VOC Emissions
from the Use of Specialty Inks.
(vii) Addition of new COMAR 26.11.19.18.G Control of VOC Emissions
from Clear Coating Operations.
(viii) Addition of new COMAR 26.11.19.18.H Control of VOC Emissions
from Ink and Haze Removal and Screen Reclamation.
(ix) Addition of new COMAR 26.11.19.18.I.
(x) Addition of new COMAR 26.11.19.18.A(17), definition for the term
``untreated sign paper.''
(xi) Addition of new COMAR 26.11.19.18.C(2), replacing previous
Sec. C(2).
(xii) Addition of new COMAR 26.11.19.18.C(3) Use of Control Devices.
(xiii) Addition of new COMAR 26.11.19.18.E(2)(b), replacing previous
Sec. E(2)(b).
(xiv) Addition of new COMAR 26.11.19.18.I Record Keeping, replacing
the previous Sec. I.
(3) Addition of new COMAR 26.11.19.19 Control of VOC Emissions from
Expandable Polystyrene Operations, adopted by the Secretary of the
Environment on June 9, 1995, and effective on July 3, 1995, including
the following:
(i) Addition of new COMAR 26.11.19.19.A Definitions.
(ii) Addition of new COMAR 26.11.19.19.B Terms Defined, including
definitions for the terms ``expandable polystyrene operation (EPO),''
``blowing agent,'' ``preexpander,'' ``recycled expanded polystyrene,''
and ``reduced VOC content beads.''
(iii) Addition of new COMAR 26.11.19.19.C Applicability.
(iv) Addition of new COMAR 26.11.19.19.D General Requirements.
(v) Addition of new COMAR 26.11.19.19.E Testing Requirements.
(vi) Addition of new COMAR 26.11.19.19.F Record Keeping.
(4) Addition of new COMAR 26.11.19.21, Control of VOC Emissions from
Commercial Bakery Ovens, adopted by the Secretary of the Environment on
June 9, 1995, and effective on July 3, 1995.
(i) Addition of new COMAR 26.11.19.21.A Definitions.
(ii) Addition of new COMAR 26.11.19.21.B Terms Defined, including
[[Page 44]]
definitions for the terms ``commercial bakery oven,'' ``fermentation
time,'' ``yeast percentage,'' and ``Yt value.''
(iii) Addition of new COMAR 26.11.19.21.C Applicability and
Exemptions.
(iv) Addition of new COMAR 26.11.19.21.D General Requirements.
(v) Addition of new COMAR 26.11.19.21.E Use of Innovative Control
Methods.
(vi) Addition of new COMAR 26.11.19.21.F Reporting and Testing
Requirements.
(ii) Additional material.
(A) Remainder of July 12, 1995 Maryland State submittals pertaining
to COMAR 26.11.19.21, .17, .18, and .19.
(126) Revisions to the Maryland State Implementation Plan submitted
on July 11, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 11, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
(B) Revision to COMAR 26.11.19.11 Control of VOC Emissions from
Sheet-Fed and Web Lithographic Printing, adopted by the Secretary of the
Environment on May 5, 1995, and effective on June 5, 1995, including the
following:
(1) Deletion of COMAR 26.11.19.11 title, ``Other Miscellaneous
Printing and Coating Processes'' and addition of new title,
``Lithographic Printing.''
(2) Deletion of COMAR 26.11.19.11.A(4), definition for the term
``plastic parts coating.''
(3) Deletion of COMAR 26.11.19.11.B(1), referencing plastic parts
coating.
(4) Addition of new COMAR 26.11.19.11.B(1) & (3) through (6)
Applicability.
(5) Deletion of COMAR 26.11.19.11.C Emission Standards for Plastic
Coating.
(6) Addition of new COMAR 26.11.19.11.C Requirements for Sheet-Fed
Letter or Lithographic Printing.
(7) Addition of new COMAR 26.11.19.11.D Requirements for
Lithographic Web Printing.
(8) Addition of new COMAR 26.11.19.11.E Requirements for Cleaning
Printing Equipment.
(9) Deletion of COMAR 26.11.19.10 title, ``Graphic Arts'' and
addition of new title, ``Flexographic and Rotogravure Printing.''
(10) Deletion of COMAR 26.11.19.10.A(4), definition for the term
``web printing.''
(11) Addition of COMAR 26.11.19.01.B(8), definition for the term
``web printing.''
(ii) Additional Material.
(A) Remainder of July 11, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web
Lithographic Printing.
(127) Revisions to the Maryland State Implementation Plan submitted
on July 11, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 11, 1995 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
(B) Revision to COMAR 26.11.19.07 Control of VOC Emissions from
Paper Coating, adopted by the Secretary of the Environment on May 5,
1995, and effective on June 5, 1995, including the following:
(1) Addition of COMAR 26.11.19.07.A(2-1), definition for the term
``plastic parts coating.''
(2) Addition of COMAR 26.11.19.07.B(1), referencing paper, fabric
and vinyl coating.
(3) Addition of COMAR 26.11.19.07.E Emission Standards for Plastic
Coating.
(ii) Additional Material.
(A) Remainder of July 11, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating.
(128) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
[[Page 45]]
(i) Incorporation by reference.
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
(B) Revisions to COMAR 26.11.19.01B(4), definition of the term
``Major stationary source of VOC,'' adopted by the Secretary of the
Environment on April 13, 1995, and effective on May 8, 1995.
(ii) Additional material.
(A) Remainder of the July 12, 1995 Maryland State submittal
pertaining to COMAR 26.11.19.01B(4), definition of the term ``Major
stationary source of VOC.''
[37 FR 10870, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.1070, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Effective Date Note: At 63 FR 26463, May 13, 1998, Sec. 52.1070 was
amended by adding paragraph (c)(128), effective July 13, 1998.
Sec. 52.1071 Classification of regions.
The Maryland plans were evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Cumberland-Keyser Interstate.............................. I I III III III
Central Maryland Intrastate............................... II II III III III
Metropolitan Baltimore Intrastate......................... I I I I I
National Capital Interstate............................... I I III I I
Southern Maryland Intrastate.............................. III III III III III
Eastern Shore Intrastate.................................. II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10870, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 53475, Aug. 12, 1980]
Sec. 52.1072 Conditional approval.
(a) The State of Maryland's July 11, 1995 submittal for an enhanced
motor vehicle inspection and maintenance (I/M) program, and the March
27, 1996 amendment to the original SIP revision is conditionally
approved based on certain contingencies. The following conditions listed
in paragraphs (a)(1) through (a)(15) of this section must be addressed
in a revised SIP submission. Along with the conditions listed in
paragraphs (a)(1) through (a)(15) of this section is a separate detailed
I/M checklist explaining what is required to fully remedy the
deficiencies found in the proposed notice of conditional approval. This
checklist is found in the Technical Support Document (TSD), located in
the docket of this rulemaking, that was prepared in support of the
proposed conditional I/M rulemaking action for Maryland. By no later
than one year from September 29, 1997, Maryland must submit a revised
SIP that meets the following conditions for approvability:
(1) Fully adopt and submit to EPA as a SIP revision, final
regulations and documentation of the public hearing process addressing
Maryland's March 27, 1997 amendment to the SIP pertaining to proposed
regulatory changes to the VEIP, as a result of the flexibility afforded
to Maryland from federal and state legislative changes.
(2) Provide confirmation from the State Attorney General's Office
clearly stating that Maryland's interpretation of the sunset date of the
program is no earlier than November 15, 2005, or in the absence of such
an opinion, submit to EPA new legislative authority allowing for such an
extended sunset date of the program.
(3) Submit to EPA a modeling demonstration of the program using the
appropriate assumptions and methodology (see TSD and the Response to
Public Comments section of this rule for detailed discussions)
demonstrating compliance with the I/M performance
[[Page 46]]
standard for the years 2002 and 2005 (excluding the year 1999, as
recommended by EPA).
(4) Obtain and/or demonstrate to EPA that adequate funding and tools
exist for the years 1997 and 1998, including a detailed explanation of
the number of personnel dedicated to quality assurance, data analysis,
program administration, and enforcement. In addition, Maryland needs to
provide budget allotments for equipment resources. EPA notes that an
update of the budget information is adequate to satisfy this condition.
(5) Provide an explanation to EPA of how all subject vehicles in the
program will be identified, which includes an estimate of the number of
unregistered vehicles operated in the program area. Subsequent to EPA
issuing guidance, Maryland needs to document how vehicles that are
routinely operated in the program but not registered in the program area
are identified.
(6) Provide to EPA applicable sections of state laws and regulations
specifically addressing engine switching and testing of vehicles with no
certified engine configuration. Maryland needs to commit to adopting
non-invasive purge test procedures when EPA specifications become
available. In addition, EPA expects Maryland to submit written
procedures for the gas-cap check and to adopt the non-invasive fuel-fill
pipe pressure specifications and procedures when EPA issues the final
technical guidance.
(7) Submit to EPA written specifications for the gas cap check
procedures referenced in Maryland's regulations.
(8) Provide to EPA a description of how Maryland's current practice
of issuing short term extensions because of economic hardship is
granted, which reasonably and clearly defines the time frame of the
extension period.
(9) Submit to EPA documentation of how Maryland will handle out-of-
state exemptions, employ mechanisms to enforce vehicle transfer
requirements when owners move into the program area, and cite motorists
for noncompliance with the registration requirement. Maryland will need
to clarify its practice on vehicle impoundment when a motorist is cited
for driving with a suspended registration. In addition, EPA needs
verification on vehicle exemption triggering elements which allow the
subject vehicle to by-pass an inspection test. Confirmation by VIN check
or physical examination of the subject vehicle needs to be included in
the SIP revision, as a means of ensuring validation of the exemption
triggering elements.
(10) Demonstrate to EPA that enforcement program oversight is
quality controlled and quality assured. Maryland needs to provide a
procedures document that details the specifics of the implementation of
the enforcement program oversight including information management
activities, activities of enforcement involved in monitoring the
program, and auditing the enforcement. Quality control and assurance
needs to address penalty structures, periodic auditing and analysis,
program effectiveness, and in use fleet compliance via parking lot
surveys and road side pullovers.
(11) Provide a description to EPA of Maryland's auditing program
that will include a minimum number of covert vehicles that are used for
auditing purposes, covert and overt performance audits of inspectors,
audits of stations and inspectors records, equipment audits, and formal
training of all state I/M enforcement officials and auditors.
(12) Submit to EPA documentation regarding the set up of Maryland's
penalty structure used to ensure the contractor is in compliance with
State regulations. The penalty schedule must be applied to the
contractor, stations, and inspectors. Information should include
administrative & judicial responsibilities & procedures, and a
description of the funding allocations.
(13) Submit to EPA an administrative procedures manual or
description of the practice of inspector recertification which must
occur at least every two years.
(14) Submit to EPA State regulations documenting provisions for the
protection of whistle blowers. In addition, Maryland needs to provide
documentation of how it investigates and responds to complaints made by
the public.
(15) Maryland must start mandatory testing of all subject vehicles
as soon
[[Page 47]]
as possible, or by November 15, 1997 at the latest.
(b) The State of Maryland's July 12, 1995 submittal for the 15
Percent Rate of Progress Plan (15% plan) for the Maryland portion of the
Metropolitan Washington, DC ozone nonattainment area, is conditionally
approved based on certain contingencies. The conditions for
approvability are as follows:
(1) Maryland's 15% plan must be revised to account for growth in
point sources from 1990-1996.
(2) Maryland must meet the conditions listed in the October 31, 1996
proposed conditional I/M rulemaking notice, remodel the I/M reductions
using the following two EPA guidance memos: ``Date by which States Need
to Achieve all the Reductions Needed for the 15 Percent Plan from
I/M and Guidance for Recalculation,'' note from John Seitz and Margo
Oge, dated August 13, 1996, and ``Modeling 15 Percent VOC Reductions
from I/M in 1999--Supplemental Guidance,'' memorandum from Gay MacGregor
and Sally Shaver, dated December 23, 1996.
(3) Maryland must remodel to determine affirmatively the creditable
reductions from RFG, and Tier 1 in accordance with EPA guidance.
(4) Maryland must submit a SIP revision amending the 15% plan with a
demonstration using appropriate documentation methodologies and credit
calculations that the 56.4 tons/day reduction, supported through
creditable emission reduction measures in the submittal, satisfies
Maryland's 15% ROP requirement for the Metropolitan Washington, DC
nonattainment area.
(c) The State of Maryland's July 12, 1995 submittal for the 15
Percent Rate of Progress Plan (15% plan) for the Baltimore ozone
nonattainment area, is conditionally approved based on certain
contingencies. The conditions for approvability are as follows:
(1) Maryland's 15% plan calculations must reflect the EPA approved
1990 base year emissions inventory in Sec. 52.1075.
(2) Maryland must meet the conditions listed in the October 31, 1996
conditional I/M rulemaking notice, including its commitment to remodel
the I/M reductions using the following two EPA guidance memos: ``Date by
which States Need to Achieve all the Reductions Needed for the 15
Percent Plan from I/M and Guidance for Recalculation,'' note from John
Seitz and Margo Oge dated August 13, 1996, and ``Modeling 15% VOC
Reductions from I/M in 1999--Supplemental Guidance,'' from Gay MacGregor
and Sally Shaver dated December 23, 1996.
(3) Maryland must remodel to determine affirmatively the creditable
reductions from RFG and Tier I in accordance with EPA guidance.
(4) Maryland must submit a SIP revision amending the 15% plan with a
determination using appropriate documentation methodologies and credit
calculations that the 64.2 TPD reduction, supported through creditable
emission measures in the submittal, satisfies Maryland's 15% ROP
requirement for the Baltimore area.
[62 FR 40944, July 31, 1997, as amended at 62 FR 49616, Sept. 23, 1997;
62 FR 52666, Oct. 9, 1997]
Sec. 52.1073 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Maryland's plans for the attainment and maintenance of the
national standards.
(b) With the exceptions set forth in this subpart, the Administrator
approves the amendment to Regulation 10.18.01 sections .01, .07, and
.11, Regulation 10.18.04 and 10.18.05 section .03D, .03F, .03H, .06I of
Maryland's plan for the attainment and maintenance of the national
standards under section 110 of the Clean Air Act. Furthermore, the
Administrator finds that portions of the plan, as submitted January 19,
1979, satisfy the requirements of part D, title 1, of the Clean Air Act
as amended in 1977.
In addition, continued satisfaction of the requirements of Part D for
the ozone portion of the SIP depends on the adoption and submittal of
RACT requirements by July 1, 1980, for the sources covered by CTGs
issued between January 1978 and January 1979 and adoption and submittal
by each subsequent January of additional RACT requirements for sources
covered by CTGs issued by the previous January.
[[Page 48]]
(c) Code of Maryland Air Regulations (COMAR) 26.11.13.06 is approved
with the following exception:
(i) Distributors and retailers of gasoline-ethanol blends as defined
by 40 CFR 80.27(d)(2) are subject to the provisions of 40 CFR
80.27(d)(1) through 40 CFR 80.27(d)(3).
(d) Letter of November 13, 1993, from the Maryland Department of the
Environment transmitting a commitment to adopt either the Federal clean
fuel fleet program or an alternative substitute program by May 15, 1994.
[38 FR 33716, Dec. 6, 1973, as amended at 45 FR 53475, Aug. 12, 1980; 47
FR 20128, May 11, 1982; 56 FR 23808, May 24, 1991; 58 FR 50848, Sept.
29, 1993; 61 FR 16061, Apr. 11, 1996]
Sec. 52.1074 Legal authority.
(a) The requirements of Sec. 51.230(f) of this chapter are not met,
since section 698(f) of the Maryland Air Quality Control Act could, in
some circumstances, prohibit the disclosure of emission data to the
public. Therefore, section 698(f) is disapproved.
[39 FR 34536, Sept. 26, 1974, and 47 FR 20128, May 11, 1982, as amended
at 51 FR 40676, Nov. 7, 1986]
Sec. 52.1075 1990 base year emission inventory.
(a) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventory for the Baltimore
Metropolitan Statistical Area, submitted by the Secretary, Maryland
Department of the Environment, on September 20, 1995. This submittal
consists of the 1990 base year stationary, area, off-road mobile and on-
road mobile emission inventories in the Baltimore Metropolitan
Statistical Area for the pollutant, carbon monoxide (CO).
(b) EPA approves as a revision to the Maryland Implementation Plan
the 1990 base year emission inventory for the Washington Metropolitan
Statistical Area, submitted by Secretary, Maryland Department of the
Environment, on March 21, 1994 and October 12, 1995. This submittal
consist of the 1990 base year stationary, area and off-road mobile and
on-road mobile emission inventories in the Washington Statistical Area
for the pollutant, carbon monoxide (CO).
(c) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventories for the Maryland ozone
nonattainment areas submitted by the Secretary of Maryland Department of
Environment on March 21, 1994. This submittal consists of the 1990 base
year point, area, non-road mobile, biogenic and on-road mobile source
emission inventories for the following pollutants: volatile organic
compounds (VOC), carbon monoxide (CO), and oxides of nitrogen
(NOX).
(d) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventories for the Maryland ozone
nonattainment areas: Baltimore nonattainment areas, Cecil County, and
Kent and Queen Anne's Counties submitted by the Secretary of Maryland
Department of Environment on March 21, 1994. This submittal consists of
the 1990 base year point, area, non-road mobile, biogenic and on-road
mobile source emission inventories for the following pollutants:
volatile organic compounds (VOC), carbon monoxide (CO), and oxides of
nitrogen (NOX).
(e) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventory for the Maryland portion of
the Metropolitan Washington DC ozone nonattainment area submitted by the
Secretary of MDE on March 21, 1994. This submittal consists of the 1990
base year point, area, highway mobile, non-road mobile, and biogenic
source emission inventories in the area for the following pollutants:
Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of
nitrogen (NOX).
[60 FR 55326, Oct. 31, 1995, as amended at 61 FR 2937, Jan. 30, 1996; 61
FR 50717, Sept. 27, 1996; 61 FR 64029, Dec. 3, 1996; 62 FR 19679, Apr.
23, 1997; 62 FR 34405, 34406, June 26, 1997]
Sec. 52.1076 Control strategy: ozone.
EPA is approving as a revision to the Maryland State Implementation
Plan the 15 Percent Rate of Progress Plan and associated contingency
measures for the Cecil County ozone nonattainment area, submitted by the
Secretary of the Maryland Department of the Environment on July 21,
1995.
[62 FR 40458, July 29, 1997]
[[Page 49]]
Sec. 52.1077 Source surveillance.
(a) The requirements of Sec. 51.212 of this chapter are not met
since the plans do not provide specific procedures for stationary
sources to be periodically tested.
[37 FR 10870, May 31, 1972, as amended at 47 FR 20128, May 11, 1982; 51
FR 40677, Nov. 7, 1986]
Sec. 52.1078 [Reserved]
Sec. 52.1079 Requirements for state implementation plan revisions relating to new motor vehicles.
Maryland must comply with the requirements of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program.
On March 24, 1994 Maryland's Department of the Environment submitted
a plan for the establishment and implementation of a Photochemical
Assessment Monitoring Stations (PAMS) Program as a state implementation
plan (SIP) revision, as required by section 182(c)(1) of the Clean Air
Act. EPA approved the Photochemical Assessment Monitoring Stations
(PAMS) Program on September 11, 1995 and made it part of Maryland SIP.
As with all components of the SIP, Maryland must implement the program
as submitted and approved by EPA.
[60 FR 47084, Sept. 11, 1995]
Secs. 52.1081--52.1109 [Reserved]
Sec. 52.1110 Small business stationary source technical and environmental compliance assistance program.
On November 13, 1992, the Acting Director of the Air and Radiation
Management Administration, Maryland Department of the Environment
submitted a plan for the establishment and implementation of a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program as a state implementation plan (SIP) revision, as
required by title V of the Clean Air Act Amendments. EPA approved the
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program on May 16, 1994, and made it part of the Maryland
SIP. As with all components of the SIP, Maryland must implement the
program as submitted and approved by EPA.
[59 FR 25333, May 16, 1994]
Secs. 52.1111--52.1112 [Reserved]
Sec. 52.1113 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met,
since sections 10.03.35.11I and 10.03.35.10A of the Maryland Regulations
governing the control of Air Pollution could, in some circumstances,
prohibit the disclosure of emission datato the public. Therefore,
regulations 10.03.35.11I and 10.03.35.10A are disapproved.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator,
[[Page 50]]
on forms furnished by the Regional Administrator, and shall be submitted
within 45 days after the end of the reporting period. Reporting periods
are January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55329, Nov. 28, 1975;
52 FR 40676, Nov. 7, 1987]
Secs. 52.1114--52.1115 [Reserved]
Sec. 52.1116 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan does not include approvable procedures
for preventing the significant deterioration of air quality.
(b) The following provisions of 40 CFR 52.21 are hereby incorporated
and made a part of the applicable State plan for the State of Maryland.
(1) Definition of federally enforceable (40 CFR 52.21(b)(17)),
(2) Exclusions from increment consumption (40 CFR 52.21(f)(1)(v),
(3), (4)(i)),
(3) Redesignation of areas (40 CFR 52.21(g) (1), (2), (3), (4), (5),
and (6)),
(4) Approval of alternate models (40 CFR 52.21(1)(2)),
(5) Disputed permits or redesignation (40 CFR 52.21(t), and
(6) Delegation of Authority (40 CFR 52.21(u)(1), (2)(ii), (3), and
(4)).
[45 FR 52741, Aug. 7, 1980 and 47 FR 7835, Feb. 23, 1982]
Sec. 52.1117 Control strategy: Sulfur oxides.
(a) [Reserved]
(b) The requirements of Sec. 51.112(a) of this chapter are not met
because the State did not submit an adequate control strategy
demonstration to show that the Maryland Regulation 10.03.36.04B (1) and
(2) would not interfere with the attainment and maintenance of the
national sulfur dioxide standards.
[40 FR 56889, Dec. 5, 1975, as amended at 41 FR 8770, Mar. 1, 1976; 41
FR 54747, Dec. 15, 1976; 51 FR 40676, Nov. 7, 1986]
Sec. 52.1118 Approval of bubbles in nonattainment areas lacking approved demonstrations: State assurances.
In order to secure approval of a bubble control strategy for the
American Cyanamid facility in Havre de Grace, Maryland (see paragraph
52.1070(c)(87)), the Maryland Department of the Environment--Air
Management Administration provided certain assurances in a letter dated
September 13, 1988 from George P. Ferreri, Director, to Thomas J.
Maslany, Director, Air Management Division, EPA Region III. The State of
Maryland assured EPA it would:
(a) Include the bubble emission limits for this plant in any new
State Implementation Plan,
(b) Consider this plant with its approved bubble limits in reviewing
sources for needed additional emission reductions, and
(c) Not be delayed in making reasonable efforts to provide the
necessary schedules for completing the new ozone attainment plan.
[55 FR 20272, May 16, 1990]
Subpart W--Massachusetts
Sec. 52.1119 Identification of plan--conditional approval.
(a) The following plan revisions were submitted on the dates
specified.
(1) On November 13, 1992, the Massachusetts Department of
Environmental Protection submitted a small business stationary source
technical and environmental compliance assistance program (PROGRAM). On
July 22, 1993, Massachusetts submitted a letter clarifying portions of
the November 13, 1992 submittal. In these submissions, the State commits
to submit adequate
[[Page 51]]
legal authority to establish and implement a compliance advisory panel
and to have a fully operational PROGRAM by November 15, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 13, 1992 submitting a revision to the
Massachusetts State Implementation Plan.
(B) State Implementation Plan Revision for a Small Business
Technical and Environmental Compliance Assistance Program dated November
13, 1992.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 22, 1993 clarifying portions of Massachusetts'
November 13, 1992 SIP revision.
(2) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 11, 1995
and March 29, 1995.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated January 11, 1995 and March 29, 1995 submitting a
revision to the Massachusetts State Implementation Plan.
(B) 310 CMR 7.24(8) ``Marine Vessel Transfer Operations'' effective
in the Commonwealth of Massachusetts on January 27, 1995.
(C) Definitions of ``combustion device,'' ``leak,'' ``leaking
component,'' ``lightering or lightering operation,'' ``loading event,''
``marine tank vessel,'' ``marine terminal,'' ``marine vessel,''
``organic liquid,'' and ``recovery device'' in 310 CMR 7.00
``Definitions'' effective in the Commonwealth of Massachusetts on
January 27, 1995.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated February 1, 1996 committing to address the outstanding
issues associated with 310 CMR 7.24(8) as identified by EPA in a letter
dated September 19, 1995.
(B) Nonregulatory portions of the submittal.
[59 FR 41708, Aug. 15, 1994, as amended at 61 FR 43976, Aug. 27, 1996]
Sec. 52.1120 Identification of plan.
(a) Title of plan: ``Plan for Implementation, Maintenance, and
Enforcement of National Primary and Secondary Ambient Air Quality
Standards.''
(b) The plan was officially submitted on January 27, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Emergency episode regulations submitted on February 22, 1972, by
the Bureau of Air Quality Control, Massachusetts Department of Public
Health.
(2) Miscellaneous non-regulatory changes to the plan, wording
changes in regulations 2.5 and 2.1 and clarification of Regulations
2.5.1 through 2.5.4 submitted on April 27, 1972, by the Division of
Environmental Health, Massachusetts Department of Public Health.
(3) Miscellaneous non-regulatory additions to the plan submitted on
May 5, 1972, by the Bureau of Air Quality Control, Massachusetts
Department of Public Health.
(4) Miscellaneous changes affecting regulations 2.1, 2.5, 4.2,
4.5.1, 5.6.1, 6.1.2, 6.3.1, 8.1.6, 9.1, 15.1, 51.2, 52.1 and 52.2 of the
regulations for all six Air Pollution Control Districts submitted on
August 28, 1972 by the Governor.
(5) Letter of concurrence on AQMA identifications submitted on July
23, 1974, by the Governor.
(6) Revision to Regulation No. 5, increasing allowable sulfur
content of fuels in the Boston Air Pollution Control District submitted
on July 11, 1975, by the Secretary of Environmental Affairs, and on
April 1, 1977 and April 20, 1978 by the Commissioner of the
Massachusetts Department of Environmental Quality Engineering.
(7) Revision to Regulation 50--Variances, Regulations for Control of
Air Pollution in the six Massachusetts Air Pollution Control Districts,
submitted by letter dated November 14, 1974, by the Governor.
(8) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for
the Merrimack Valley Air Pollution Control District submitted on January
28, 1976 by the Secretary of Environmental Affairs and on August 22,
1977 by the Commissioner of the Department of Environmental Quality
Engineering, and additional technical information
[[Page 52]]
pertinent to the Haverhill Paperboard Corp., Haverhill, Mass., submitted
on December 30, 1976 by the Secretary of Environmental Affairs.
(9) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for
the Pioneer Valley Air Pollution Control District submitted on July 22,
1976 by the Secretary of Environmental Affairs and on August 22, 1977 by
the Commissioner of the Department of Environmental Quality Engineering,
and additional technical information pertinent to Deerfield Specialty
Papers, Inc., Monroe, Mass., submitted on December 27, 1977 by the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering.
(10) Regulation 5.1, Sulfur Content of Fuels and Control Thereof,
for the Central Massachusetts Air Pollution Control District submitted
on June 25, 1976 by the Secretary of Environmental Affairs and on August
22, 1977 by the Commissioner of the Department of Environmental Quality
Engineering.
(11) Regulation 5.1, Sulfur Content of Fuels and Control Thereof,
for the Central Massachusetts Air Pollution Control District (revised
and adopted by the Massachusetts Department of Environmental Quality
Engineering on March 29, 1976, with specificprovisions for the City of
Fitchburg) submitted on June 25, 1976, by the Secretary of Environmental
Affairs.
(12) A revision to Regulation 5.1, Sulfur Content of Fuels and
Control Thereof, for the Southeastern Massachusetts Air Pollution
Control District, submitted on December 30, 1976 by the Secretary of
Environmental Affairs and on January 31, 1978 by the Commissioner of the
Massachusetts Department of Environmental Quality Engineering.
(13) A revision to Regulation 5.1, Sulfur Content of Fuels and
Control Thereof, for the Berkshire Air Pollution Control District,
submitted by the Commissioner of the Massachusetts Department of
Environmental Quality Engineering on April 14, 1977, and additional
technical information submitted on August 11, 1978, pertaining to the
Schweitzer Division, Kimberly-Clark Corporation, Columbia Mill, Lee, and
on August 31, 1978, pertaining to Crane and Company, Inc., Dalton.
(14) Revisions to ``Regulations for the Prevention and/or Abatement
of Air Pollution Episode and Air Pollution Incident Emergencies,''
submitted on September 15, 1976 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(15) A revision to Regulation 2.5, Compliance with Emission
Limitations, and to Regulation 16, Reduction of Single Passenger
Commuter Vehicle Use, for the Pioneer Valley Air Pollution Control
District, submitted on May 20, 1977, by the Acting Commissioner of the
Executive Office of Environmental Affairs, Department of Environmental
Quality Engineering.
(16) Revision to regulation 7 and regulation 9, submitted on
December 9, 1977, by the Commissioner of the Massachusetts Department of
Environmental Quality and Engineering.
(17) Revision to Regulations 310 CMR 7.05, Sulfur-in-Fuel, and 310
CMR 7.06, Visible Emissions, allowing burning of a coal-oil slurry at
New England Power Company, Salem Harbor Station, Massachusetts,
submitted on July 5, 1978 by the Commissioner, Massachusetts Department
of Environmental Quality Engineering and an extension to 310 CMR 7.06,
Visible Emissions, submitted on December 28, 1979.
(18) Revision to Regulation 7.02(11) (formerly Regulation 2.5.3)--
Emission Limitation to Incinerators, submitted February 1, 1978 by the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering.
(19) The addition of Regulation 7.17, for the Southeastern
Massachusetts Air Pollution Control District, Coal Conversion--Brayton
Point Station, New England Power Company, submitted by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering on
September 7, 1978. Compliance with this revision shall be determined by
methods consistent with New Source Performance Standards, proposed Test
Method 19, as stated in a letter dated February 8, 1979 from Kenneth
Hagg of the Massachusetts Department of Environmental Quality
Engineering to Frank Ciavattieri of the Environmental Protection Agency.
[[Page 53]]
(20) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control
Thereof'' and a revision for the Metropolitan Boston APCD, and Merrimack
Valley APCD submitted on December 28, 1978, by the Commissioner of the
Massachusetts Department of Environmental Quality Engineering.
(21) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control
Thereof'' and a revision to Regulation 310 CMR 7.05(4) ``Ash Content of
Fuels'' for the Pioneer Valley Air Pollution Control District, submitted
on January 3, 1979 by the Acting Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(22) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control
Thereof'' for the Southeastern Massachusetts APCD, submitted on January
31, 1979 by the Commissioner of the Massachusetts Department of
Environmental Quality Engineering.
(23) A revision to Regulation 310 CMR 7.05(4) ``Ash Content of
Fuels'' for the Metropolitan Boston Air Pollution Control District,
submitted on July 20, 1978 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(24) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control
Thereof'' for the Central Massachusetts APCD, submitted on March 2, 1979
by the Commissioner of the Massachusetts Department of Environmental
Quality Engineering, and a revision removing the seasonal restriction in
Fitchburg for Fitchburg Paper Company (55 meter stacks only) and James
River-Massachusetts submitted on September 28, 1979 by the Commissioner.
(25) On March 30, 1979 and on April 23, 1979 the Commissioner of the
Massachusetts Department of Environmental Quality Engineering submitted
the non-attainment area plan for Total Suspended Particulates (TSP) in
Worcester, miscellaneous statewide regulation changes, and an extension
request for the attainment of TSP secondary standards for areas
designated non-attainment as of March 3, 1978.
(26) On May 3, 1979, August 7, 1979, and April 17, 1980, the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering submitted a revision entitled ``Massachusetts Implementation
Plan, Amended Regulation--All Districts, New Source Review Element,''
relating to construction and operation of major new or modified sources
in non-attainment areas.
(27) Revisions to Regulation 310 CMR 7.07, Open Burning, submitted
on September 28, 1979 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(28) Revision to the state ozone standard and adoption of an ambient
lead standard was submitted by Thomas F. McLoughlin, Acting Commissioner
of the Department of Environmental Quality Engineering on August 21,
1979.
(29) A revision varying the provisions of Regulation 310 CMR
7.04(5), Fuel Oil Viscosity, for Cambridge Electric Light Company's
Kendall Station, First Street, Cambridge, and Blackstone Station,
Blackstone Street, Cambridge, submitted on December 28, 1978 by the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering.
(30) Attainment plans to meet the requirements of Part D for carbon
monoxide and ozone and other miscellaneous provisions were submitted by
the Governor of Massachusetts on December 31, 1978 and on May 16, 1979
by the Acting Commissioner of the Department of Environmental Quality
Engineering. Supplemental information was submitted on September 19,
November 13 and December 7, 1979; and March 20 and April 7, 1980 by
DEQE.
(31) A temporary variance to the Provisions of Regulation 310 CMR
7.05, Sulfur Content of Fuels and Control Thereof, for Seaman Paper
Company, Otter River. Submitted on March 20, 1980 by the Commissioner of
the Massachusetts Department of Environmental Quality Engineering.
(32) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and
Control Thereof'' for the Metropolitan Boston
[[Page 54]]
APCD submitted on November 27, 1979 by the Commissioner of the
Department of Environmental Quality Engineering.
(33) A revision to Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) ``Sulfur Content of Fuels and Control Thereof'' for the Pioneer
Valley Air Pollution Control District submitted by the Commissioner of
the Massachusetts Department of Environmental Quality Engineering on
March 2, 1979 and May 5, 1981.
(34) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and
Control Thereof'' for the Metropolitan Boston APCD submitted on April
25, 1980 by the Commissioner of the Department of Environmental Quality
Engineering.
(35) On January 5, 1981, the Acting Director of the Division of Air
Quality Control, Massachusetts Department of Environmental Quality
Engineering submitted a revision entitled ``Appendix J Transportation
Project Level Guidelines'' relating to policy guidance on the
preparation of air quality analysis for transportation projects.
(36) A comprehensive air quality monitoring plan, intended to meet
requirements of 40 CFR part 58, was submitted by the Commissioner of the
Department of Environmental Quality Engineering on January 28, 1980.
(37) A revision submitted by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering on September 12, 1980
adding a new regulation 310 CMR 7.19 ``Interim Sulfur-in-Fuel
Limitations for Fossil Fuel Utilization Facilities Pending Conversion to
an Alternate Fuel or Implementation of Permanent Energy Conservation
Measures.''
(38) A variance of Regulation 310 CMR 7.05(1)(d)(2) ``Sulfur Control
of Fuels and Control Thereof'' for the Metropolitan Boston Air Pollution
Control District, submitted on November 25, 1980, by the Commissioner of
the Massachusetts Department of Environmental Quality Engineering.
(39) Revisions to meet the requirements of Part D and certain other
sections of the Clean Air Act, as amended, for making a commitment to
public transportation in the Boston urban region which were submitted on
July 9, 1981 and on July 30, 1981.
(40) Regulations 310 CMR (14), (15), and (16), for paper, fabric,
and vinyl surface coaters to meet the requirements of Part D for ozone
were submitted by the Governor of Massachusetts on March 6, 1981.
(41) A revision to Regulation 7.05(1)(c) ``Sulfur Content of Fuels
Control Thereof for the Merrimack Valley Air Pollution Control
District'' allowing the burning of higher sulfur content fuel oil at
Haverhill Paperboard Corporation, Haverhill.
(42) Regulation 310 CMR 7.18(2)(b), to allow existing surface
coating lines regulated under 310 CMR 7.18 (4), (5), (6), (7), (10),
(11), (12), (14), (15) and (16) to bubble emissions to meet the
requirements of Part D for ozone was submitted by the Governor on March
6, 1981, and a letter clarifying state procedures was submitted on
November 12, 1981. The emission limitations required by the federally-
approved portion of 310 CMR 7.18 are the applicable requirements of the
Massachusetts SIP for the purpose of section 113 of the Clean Air Act
and shall be enforceable by EPA and by citizens in the same manner as
other requirements of the SIP; except that emission limitations adopted
by the state under and which comply with 310 CMR 7.18(2)(b) and the
procedures set out in the letter of November 12, 1981 shall be the
applicable requirements of the Massachusetts SIP in lieu of those
contained elsewhere in 310 CMR 7.18 and shall be enforceable by EPA and
by citizens.
(43) A revision to Regulation 7.05(1)(d) ``Sulfur Content of Fuels
and Control Thereof for the Metropolitan Boston Air Pollution Control
District'' allowing the burning of higher sulfur content fuel oil at
Eastman Gelatine Corporation, Peabody, submitted on September 24, 1981
by the Commissioner of the Massachusetts Department of Environmental
Quality Engineering.
(44) The Massachusetts Department of Environmental Quality
Engineering submitted an updated VOC emissions inventory on September 3,
1981, and the procedures to annually update this inventory on November
4, 1981.
(45) A revision to Regulation 7.05(1)(e) ``Sulfur Content of Fuels
and Control
[[Page 55]]
Thereof for the Pioneer Valley Air Pollution Control District'' allowing
the burning of higher sulfur content fuel oil at the Holyoke Gas and
Electric Department, Holyoke.
(46) A revision submitted on December 29, 1981 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing the burning of higher sulfur content fuel oil at the ATF
Davidson Company, Northbridge, until December 1, 1983.
(47) Regulation 310 CMR 7.18(10) for metal coil coating was
submitted on June 24, 1980 by the Commissioner of the Department of
Environmental Quality Engineering, in order to meet Part D requirements
for ozone.
(48) Regulations 310 CMR 7.18(11), Surface Coating of Miscellaneous
Metal Parts and Products and (12), Graphic Arts--Rotogravure and
Flexography with test methods; and (13) Perchloroethylene Dry Cleaning
Systems without test methods, were submitted on July 21, 1981 and March
10, 1982 by the Department of Environmental Quality Engineering to meet
Part D requirements for ozone attainment.
(49) A revision to Regulation 7.17 ``Conversions to Coal'' submitted
by the Commissioner of the Massachusetts Department of Environmental
Quality Engineering on January 22, 1982 specifying the conditions under
which coal may be burned at the Holyoke Water Power Company, Mount Tom
Plant, Holyoke, Massachusetts.
(50) [Reserved]
(51) A revision submitted on September 29, 1982 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing the burning of fuel oil having a sulfur content of 0.55 pounds
per million Btu heat release potential at the Northeast Petroleum
Corporation, Chelsea, Massachusetts.
(52) A revision submitted on September 28, 1982 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing the burning of higher sulfur content fuel oil at the Polaroid
Corporation for a period of up to 30 months commencing on December 1,
1982.
(53)(i) Attainment plans for carbon monoxide and ozone submitted by
the Department of Environmental Quality Engineering on September 9,
November 2 and November 17, 1982; February 2, March 21, April 7, April
26 and May 16, 1983. These revisions amend Regulations 310 CMR 7.18 (3)-
(7), (9)-(16); and add Regulation 310 CMR 7.18(17), 7.20 (1)-(14), and
540 CMR 4.00.
(ii) Regulation 310 CMR 7.18(3) for the surface coating of metal
furniture submitted on September 9, 1982 as part of the attainment plan
identified in Sec. 52.1120(c)(53)(i), is added to the VOC surface
coating bubble Regulation 310 CMR 7.18(2)(b) identified in
Sec. 52.1120(c)(42).
(iii) Regulation 310 CMR 7.18(13) for Perchloroethylene Dry Cleaning
systems submitted on September 9, 1982 as part of the attainment plan
identified in section 52.1120(53)(i), is amended by adding EPA test
methods to the no action identified in 52.1120(48).
(54) On February 8, 1983, the Massachusetts Department of
Environmental Quality Engineering submitted a source specific emission
limit in the letter of approval to the Esleeck Manufacturing Company,
Inc., Montague, allowing the Company to burn fuel oil having a maximum
sulfur content of 1.21 pounds per million Btu heat release potential
provided the fuel firing rate does not exceed 137.5 gallons per hour.
(55) A revision to exempt the Berkshire Air Pollution Control
District from Regulation 310 CMR 7.02(12)(b)2 was submitted on March 25,
1983 by Kenneth A. Hagg, Director of the Division of Air Quality Control
of the Department of Environmental Quality Engineering.
(56) A revision to Regulation 310 CMR 7.02(12)(a)1(e) for petroleum
liquid storage in external floating roof tanks submitted on December 2,
1983.
(57) Revisions to the State's narrative, entitled New Source
Regulations on page 117 and 118, the regulatory definitions of BACT,
NSPS and NESHAPS and Regulation 310 CMR 7.02 (2)(a)(6) and 7.02 (13),
submitted by Anthony D. Cortese, Commissioner, in August, 1982 and
received on September 9, 1982.
(58) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental
[[Page 56]]
Protection on June 7, 1991, November 13, 1992 and February 17, 1993.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated June 7, 1991, November 13, 1992 and February 17, 1993
submitting revisions to the Massachusetts State Implementation Plan.
(B) Amendments and additions to 310 CMR 7.00 submitted on June 7,
1991 and effective on April 12, 1991.
(C) Amendments and additions to 310 CMR 7.00 submitted on June 7,
1991 and effective on June 21, 1991.
(D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992
and February 17, 1993 and effective on February 12, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(59) A revision submitted on May 3, 1983, allowing the burning of
2.2% sulfur content fuel oil at the Stanley Woolen Company, a facility
in Uxbridge, Massachusetts for a period of up to 30 months, commencing
on March 23, 1984.
(60) On May 27, 1982 and September 9, 1982 the Commissioner of the
Massachusetts Department of Environmental Quality Engineering submitted
a revised plan for new source review in nonattainment areas. The
submittal included 310 CMR Appendix A, ``Emission Offsets and
Nonattainment Review,'' additions to 310 CMR 7.00, ``General
Definitions,'' and revisions to 310 CMR 7.02(2)(b)(4) and 7.02(2)(b)(5),
``Plan Approval and Emission Limitations.''
(61) A revision submitted on October 31, 1983, allowing the burning
of 2.2% sulfur content fuel oil at the Reed and Barton Silversmiths
facility in Taunton, Massachusetts for a period of up to 30 months,
commencing on March 23, 1984.
(62) A revision submitted on November 16, 1983 allowing the burning
of 2.2% sulfur content fuel oil at the ATF Davidson Company in
Northbridge, Massachusetts.
(63) A revision submitted on February 2, 1984, allowing the burning
of 1.0% sulfur content fuel oil at The Biltrite Corporation facility in
Chelsea, Massachusetts for a period of up to 30 months, commencing on
June 15, 1984.
(64) A revision to the Ozone Attainment Plan was submitted by S.
Russell Sylva, Commissioner of the Massachusetts Department of
Environmental Quality Engineering on February 14, and May 22, 1985 to
control emissions from gasoline tank trucks and bulk terminal vapor
recovery systems.
(i) Incorporation by reference.
(A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d),
``Motor Vehicle Fuel Tank Trucks'', adopted December 1984.
(B) The May 22, 1985 letter from Massachusetts DEQE, and the
enforcement manual submitted and adopted on May 22, 1985, including
Method 27, record form, potential leak points, major tank truck leak
sources, test procedure for gasoline vapor leak detection procedure by
combustible gas detector, instruction manual for Sentox 2 and Notice of
Violation.
(65) A temporary variance to 310 CMR 7.05(1)(d)2 of ``Sulfur Content
of Fuels and Control Thereof for Metropolitan Boston Air Pollution
Control District'' submitted on January 6, 1984 to allow for the use of
2.2% sulfur content fuel oil in boiler unit 7 of the Boston Edison
Company Mystic Station facility in Everett for thirty months commencing
on September 25, 1984.
(66) Attainment and maintenance plans for lead, submitted on July 13
and August 17, 1984 by the Department of Environmental Quality
Engineering.
(67) A revision submitted on July 11, 1984 allowing the burning of
2.2% sulfur content fuel oil at the James River Corporation Hyde Park
Mill facility in Boston, Massachusetts for a period of up to 30 months,
commencing on September 25, 1984.
(68) A revision submitted on February 8 and October 23, 1985
allowing the burning of 2.2% sulfur content fuel oil at the Phillips
Academy facility in Andover, Massachusetts for a period of up to 30
months, commencing on April 1, 1986.
(i) Incorporation by reference. (A) Letter from Richard J. Chalpin,
Acting Regional Engineer, to Phillips Academy, dated December 27, 1984
allowing the temporary use of less expensive 2.2% sulfur fuel oil (for
30 months from
[[Page 57]]
the date of publication), the savings from which will be used to
implement permanent energy conservation measures to reduce on-site
consumption of petroleum products by at least 50,000 gallons per year
(estimated 82,000 gallons per year). At the end of the temporary use
period, Phillips Academy will return to the use of 1.0% sulfur fuel oil.
The particulate emission rate for the facility will not exceed 0.15 lbs.
per million Btu.
(B) These specific requirements of Regulation 310 CMR 7.19 were
agreed to in a Statement of Agreement, signed February 19, 1985.
(C) Memorandum to Donald C. Squires from Bruce K. Maillet dated
October 4, 1985; subject: Response to EPA questions regarding Phillips
Academy, outlines the permanent energy conservation measures to be used.
(69) Revisions to federally approved regulations 310 CMR 7.02(2)(b)
and 310 CMR 7.05(4) were submitted on December 3, 1985, January 31, 1986
and February 11, 1986 by the Department of Environmental Quality
Engineering.
(i) Incorporation by reference.
(A) Regulation 310 CMR 7.02(2)(b), Department of Environmental
Quality Engineering, Air Pollution Control, is corrected to include the
word ``major'' before the word ``modification''.
(B) Regulation 310 CMR 7.05(4), Department of Environmental Quality
Engineering, Air Pollution Control, Ash Content of Fuels.
(ii) Additional materials.
(A) The nonregulatory portions of the state submittals.
(70) A revision submitted on February 19, 1986 allowing the burning
of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mary
Ellen McCormick and Maverick Family Development facilities in Boston,
Massachusetts for a period of up to 30 months, commencing on August 12,
1986.
(i) Incorporation by reference.
(A) Letters dated August 30, 1985 and July 11, 1985 for the Mary
Ellen McCormick and Maverick Family Development Facilities,
respectively, from Richard J. Chalpin, Acting Regional Engineer,
allowing the temporary use of less expensive 2.2% sulfur fuel oil for 30
months from August 12, 1986, the savings from which will be used to
implement permanent energy conservation measures to reduce the on-site
consumption of the petroleum products. At the end of the temporary use
period, the Boston Housing Authority, Mary Ellen McCormick and Maverick
Family Development facilities will return to the use of 0.5% sulfur fuel
oil. The particulate emission rate for these facilities will not exceed
0.12 lbs per million BTU.
(B) Statements of Agreement both signed October 28, 1985 by Doris
Bunte, Administrator of Boston Housing Authority.
(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated
January 9, 1986, subject: Decision Memo.
(71) A revision submitted on May 12, 1986 allowing the burning of
2.2% sulfur content fuel oil at the Boston Housing Authority, Mission
Hill Extension Family Development facility in Boston, Massachusetts for
a period of up to 30 months, commencing on November 25, 1986.
(i) Incorporation by reference.
(A) Letter dated March 5, 1986 for the Mission Hill Extension Family
Development facility, from Richard J. Chalpin, Acting Regional Engineer,
allowing the temporary use of less expensive 2.2% sulfur fuel oil (for
30 months from the date of publication), the savings from which will be
used to implement permanent energy conservation measures to reduce the
on-site consumption of petroleum products. At the end of the temporary
use period, the Boston Housing Authority, Mission Hill Extension Family
Development facility will return to the use of 0.5% sulfur fuel oil. The
particulate emission rate for this facility will not exceed 0.12 lbs per
million Btu.
(B) Statements of Agreement signed April 4, 1986 by Doris Bunte,
Administrator of Boston Housing Authority.
(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated April
18, 1986, subject: Decision Memo.
(72) Revisions involving regulations 310 CMR 7.02(2)(b) 4, 5, and 6;
7.02(12)(b)3; 7.02(12)(d); and 7.14 were submitted on November 21, 1986
and January 15, 1987, by the Department of Environmental Quality
Engineering (DEQE).
[[Page 58]]
(i) Incorporation by reference. (A) Regulation 310 CMR 7.02(2)(b) 4,
5, and 6 are amended and became effective on February 6, 1987.
(B) Regulation 310 CMR 7.02(12)(b)3 is deleted and became effective
on February 6, 1987.
(C) Regulation 310 CMR 7.02(12)(d) is amended and became effective
on February 6, 1987.
(D) Regulations 310 CMR 7.14 (2) and (3) are added and became
effective on February 6, 1987.
(E) The Commonwealth of Massachusetts Regulation Filing document
dated January 15, 1987 is provided and states that these regulatory
changes became effective on February 6, 1987.
(ii) Additional materials. The nonregulatory portions of the state
submittals.
(73) Revisions to the State Implementation Plan submitted by the
Commonwealth of Massachusetts on February 21, February 25, and June 23,
1986.
(i) Incorporation by reference.
(A) A letter from the Commonwealth of Massachusetts Department of
Environmental Quality Engineering dated February 21, 1986 and amendments
to 310 CMR 7.00 and 310 CMR 7.18 of the Regulations for the control of
Air Pollution in the Berkshire, Central Massachusetts, Merrimack Valley,
Metropolitan Boston, Pioneer Valley and Southeastern Massachusetts Air
Pollution Control Districts.
(B) A letter from the Commonwealth of Massachusetts Department of
Environmental Quality Engineering (DEQE), dated June 23, 1986 and the
Implementation Guidance, 310 CMR 7.18(18), Polystyrene Resin
Manufacturing, dated February 1986.
(C) A Regulation Filing and Publication document from the
Commonwealth of Massachusetts Department of Environmental Quality
Engineering, dated February 25, 1986.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittals.
(74) Revisions to the State Implementation Plan were submitted by
the Commissioner of the Department of Environmental Quality Engineering
on November 5, 1986 and December 10, 1986.
(i) Incorporation by reference.
(A) Letter dated November 5, 1986 from the Massachusetts Department
of Environmental Quality Engineering (DEQE) submitting revisions to the
State Implementation Plan for EPA approval.
(B) Letter from the Massachusetts DEQE dated December 10, 1986,
which states that the effective date of Regulations 310 CMR 7.00,
``Definitions'' and 310 CMR 7.18(19), ``Synthetic Organic Chemical
Manufacture,'' is November 28, 1986.
(C) Massachusetts' Regulation 310 CMR 7.18(19) entitled, ``Synthetic
Organic Chemical Manufacture,'' and amendments to 310 CMR 7.00,
``Definitions,'' effective in the Commonwealth of Massachusetts on
November 28, 1986.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(75) [Reserved]
(76) Revisions involving regulations 310 CMR 7.18(2)(e) and 7.18(17)
submitted by the Department of Environmental Quality Engineering on
September 20, 1988.
(i) Incorporation by reference.
(A) Amendment to Regulation 310 CMR 7.18(2)(e)--effective July 22,
1988.
(B) Amendments to Regulation 310 CMR 7.18(17)(d)--effective July 22,
1988.
(C) A Regulation Filing and Publication document from the
Commonwealth of Massachusetts Department of Environmental Quality
Engineering dated July 5, 1988 which states that the effective date of
the regulatory amendments to 310 CMR 7.18(2)(e) and 310 CMR 7.18(17)(d),
incorporated above, is July 22, 1988.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(77) Revisions to federally approved regulation 310 CMR 7.05(1)
submitted on July 18, 1984, April 17, 1985, March 16, 1987, and November
25, 1987 by the Department of Environmental Quality Engineering
approving sulfur-in-fuel limitations for the following sources: American
Fiber and finishing Company (formerly known as Kendall Company),
Colrain; Erving Paper company, Erving; and Westfield River Paper
Company, Russell.
(i) Incorporation by reference. (A) Letters dated October 14, 1987
for the
[[Page 59]]
American Fiber and Finishing Company, Erving Paper Company, and
Westfield River Paper Company facilities from Stephen F. Joyce, Deputy
Regional Environmental Engineer, Department of Environmental Quality
Engineering.
(B) Statements of agreement signed November 6, 1987 by Schuyler D.
Bush, Vice President of Erving Paper Company; 1987 by Francis J.
Fitzpatrick, President of Westfield River Paper Company; and November
16, 1987 by Robert Young, Vice President of American Fiber and Finishing
Company.
(78) Revisions to federally approved regulation 310 CMR 7.02(12)
submitted on July 13, 1988, September 15, 1988, and April 12, 1989, by
the Department of Environmental Quality Engineering, limiting the
volatility of gasoline from May 1 through September 15, beginning 1989
and continuing every year thereafter, including any waivers to such
limitations that Massachusetts may grant. In 1989, the control period
will begin on June 30.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.02(12)(e), entitled,
``gasoline Reid Vapor Pressure (RVP),'' and amendments to 310 CMR 7.00,
``Definitions,'' effective in the Commonwealth of Massachusetts on May
11, 1988.
(B) Massachusetts Emergency Regulation Amendment to 310 CMR
7.02(12)(e) 2.b entitled ``gasoline Reid Vapor Pressure'' effective in
the Commonwealth of Massachusetts on April 11, 1989, with excerpt from
the Manual for Promulgating Regulations, Office of the Secretary of
State.
(79) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 4, 1988
and July 16, 1989 which define and impose reasonably available control
technology to control volatile organic compound emissions from Monsanto
Chemical Company in Indian Orchard, Massachusetts.
(i) Incorporation by reference. (A) Letter from the Massachusetts
Department of Environmental Protection dated July 18, 1989 submitting a
revision to the Massachusetts State Implementation Plan.
(B) A final RACT Compliance Plan Conditional Approval issued to
Monsanto Chemical Company by the Massachusetts Department of
Environmental Protection, dated and effective June 20, 1989.
(ii) Additional materials. (A) Nonregulatory portions of the state
submittal.
(80) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 18, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 18, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Amendments to the Conditional Plan Approval dated and effective
July 12, 1989 and the Conditional Plan Approval dated and effective
October 7, 1985 imposing reasonably available control technology on
Spalding Sports Worldwide in Chicopee, Massachusetts.
(81) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Quality Engineering on July
18, 1989.
(i) Incorporation by reference. (A) Letter from the Massachusetts
Department of Environmental Quality Engineering dated July 18, 1989
submitting a revision to the Massachusetts State Implementation Plan.
(B) RACT Approval Addendum for Cranston Print Works Company, Webster
Division Facility in Webster, Massachusetts dated and effective June 20,
1989.
(ii) Additional materials. Nonregulatory portions of the State
submittal.
(82) Revision to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection August 8, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 8, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Amended Conditional Plan Approval (SM-85-168-IF) dated and
effective August 1, 1989 and an Amendment to the Amended Conditional
Plan Approval (SM-85-168-IF Revision) dated and effective August 8, 1989
imposing
[[Page 60]]
reasonably available control technology on Duro Textile Printers,
Incorporated in Fall River, Massachusetts.
(83) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 24, 1989
and October 16, 1989 regulating gasoline volatility.
(i) Incorporation by reference. (A) Letter from the Massachusetts
Department of Environmental Protection dated October 16, 1989 and a
revision to the Massachusetts State Implementation Plan containing
revised Massachusetts gasoline Reid Vapor Pressure regulation 310 CMR
7.24(5)(b)2, effective September 15, 1989.
(84) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 27, 1982,
June 22, 1987, and December 27, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 27, 1982, submitting a revision to the
Massachusetts State Implementation Plan.
(B) Amendments to 310 CMR 7.00, ``Definitions'' effective in the
Commonwealth of Massachusetts on June 18, 1982 which add the definitions
of the terms ``stationary source'' and ``building, structure, facility,
or installation.''
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated June 22, 1987 certifying that it did not rely on a dual
definition in its attainment demonstration.
(B) Letter from the Massachusetts Department of Environmental
Protection dated December 27, 1989 submitting additional assurances that
it is making reasonable efforts to develop a complete and approve SIP.
(C) Nonregulatory portions of the submittal.
(85) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 28,
1989.
(i) Incorporation by reference. (A) Letter from the Massachusetts
Department of Environmental Protection dated November 28, 1989
submitting a revision to the Massachusetts State Implementation Plan.
(B) A Plan Approval 4P89005 Correction dated and effective November
17, 1989 and the Amended Plan Approval, 4P89005 dated and effective
October 19, 1989 imposing reasonably available control technology on
Boston Whaler Inc., in Norwell, Massachusetts.
(ii) Additional materials. (A) Nonregulatory portions of the State
submittal.
(86) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 28,
1989.
(i) Incorporation by reference. (A) Letter from the Massachusetts
Department of Environmental Protection dated November 28, 1989
submitting a revision to the Massachusetts State Implementation Plan.
(B) A Plan Approval 4P89006 Correction dated and effective November
17, 1989 and the Amended Plan Approval (4P89006) dated and effective
October 19, 1989 imposing reasonably available control technology on
Boston Whaler Inc. in Rockland, Massachusetts.
(ii) Additional materials. (A) Nonregulatory portions of the State
submittal.
(87) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 20,
1989.
(i) Incorporation by reference. (A) Letter from the Massachusetts
Department of Environmental Protection dated November 20, 1989
submitting a revision to the Massachusetts State Implementation Plan.
(B) 2nd Amendment to the Final Approval/RACT Approval for the
Philips Lighting Company dated November 2, 1989.
(ii) Additional materials. (A) Nonregulatory portions of the State
submittal.
(88) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 13, 1990.
(i) Incorporation by reference. (A) Letter from the Massachusetts
Department of Environmental Protection dated June 13, 1990 submitting a
revision to the Massachusetts State Implementation Plan.
[[Page 61]]
(B) An Amended Plan Approval dated and effective June 1, 1990
imposing reasonably available control technology on Acushnet Company,
Titleist Golf Division, Plant A in New Bedford, Massachusetts.
(ii) Additional materials. (A) Nonregulatory portions of the State
submittal.
(89) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 9, 1990.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 9, 1990 submitting a revision to the Massachusetts
State Implementation Plan.
(B) An Amended Plan Approval dated and effective June 8, 1990
imposing reasonably available control technology on General Motors
Corporation in Framingham, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(90) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on October 25, 1990
which define and impose RACT to control volatile organic compound
emissions from Erving Paper Mills in Erving, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated October 25, 1990 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A conditional final plan approval issued by the Massachusetts
Department of Environmental Protection to Erving Paper Mills dated and
effective October 16, 1990.
(91) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on April 22, 1991
which clarify the requirements of RACT to control volatile organic
compound emissions from Erving Paper Mills in Erving, Massachusetts.
(i) Incorporation by reference. (A) Letter from the Massachusetts
Department of Environmental Protection dated April 22, 1991 submitting a
revision to the Massachusetts State Implementation Plan.
(B) A conditional final plan approval amendment issued by the
Massachusetts Department of Environmental Protection to Erving Paper
Mills dated and effective April 16, 1991. This amended conditional plan
approval amends the October 16, 1990 conditional plan approval
incorporated at paragraph (c)(90) of this section.
(92) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 17, 1989,
June 7, 1991 and December 17, 1991.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated August 17, 1989 and June 7, 1991 submitting a revision
to the Massachusetts State Implementation Plan.
(B) Portions of regulation 310 CMR 7.18(7) for automobile surface
coating as submitted on August 17, 1989 effective in the Commonwealth of
Massachusetts on September 15, 1989.
(C) Portions of regulation 310 CMR 7.18(7) for automobile surface
coating as submitted on June 7, 1991 effective in the Commonwealth of
Massachusetts on June 21, 1991.
(ii) Additional materials.
(A) A letter dated December 17, 1991 from the Massachusetts
Department of Environmental Protection withdrawing the emission limit
for the Primer-surfacer application from the June 7, 1991 submittal.
(B) Nonregulatory portions of state submittal.
(93) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 27, 1982,
June 27, 1984, March 6, 1985, April 12, 1985, August 17, 1989, June 7,
1991 and December 17, 1991.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated August 27, 1982, April 12, 1985, August 17, 1989, and
June 7, 1991, submitting revisions to the Massachusetts State
Implementation Plan.
(B) Amendment to 310 CMR 7.18(2)(b) submitted on August 27, 1982 and
effective on September 16, 1982.
[[Page 62]]
(C) Addition of 310 CMR 7.00: Appendix B submitted on April 12, 1985
and effective on September 30, 1984.
(D) Amendments to portions of 310 CMR 7.00 submitted on August 17,
1989 and effective September 15, 1989.
(E) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991
and effective on April 12, 1991.
(F) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991
and effective on June 21, 1991.
(ii) Additional materials.
(A) A letter from the Massachusetts Department of Environmental
Quality Engineering dated June 27, 1984 submitting 310 CMR 7.00:
Appendix B.
(B) A letter from the Massachusetts Department of Environmental
Quality Engineering dated March 6, 1985 submitting additional
information on 310 CMR 7.00: Appendix B and referencing 310 CMR
7.18(2)(b).
(C) A letter dated December 17, 1991 from the Massachusetts
Department of Environmental Protection withdrawing the emission limit
for the Primer-surfacer application in 310 CMR 7.18(7)(b) from the June
7, 1991 submittal.
(D) Nonregulatory portions of state submittal.
(94) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 4, 1989,
December 6, 1989 and March 23, 1990.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 4, 1989, December 6, 1989 and March 23, 1990
submitting a revision to the Massachusetts State Implementation Plan.
(B) Massachusetts' Air Pollution Control Regulations 310 CMR 7.30
(excluding 310 CMR 7.30(8)(a)), and 310 CMR 7.31 entitled, ``MB
Massport/Logan Airport Parking Freeze'' and ``MB City of Boston/East
Boston Parking Freeze'' respectively, effective in the State of
Massachusetts on 11/24/89, and technical amendments to that regulation
submitted by the Massachusetts Department of Environmental Protection on
March 23, 1990, effective 3/30/90.
(ii) Additional materials.
(A) Appendix 5D, Baseline and Future Case CO Compliance Modeling,
dated June 1986.
(B) Policy Statement Regarding the Proposed Amendment to the Logan
Airport Parking Freeze, dated November 14, 1988.
(95) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection of May 15, 1991.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated May 15, 1992 submitting a revision to the Massachusetts
State Implementation Plan.
(B) Final Plan Approval No. 4P89051, dated and effective May 13,
1991 imposing reasonably available control technology on Dartmouth
Finishing Corporation, New Bedford, Massachusetts.
(96) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 30,
1991.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated January 30, 1991 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution
Control District,'' and amendment to 310 CMR 7.00, entitled
``Definitions,'' effective in the Commonwealth of Massachusetts on
January 18, 1991.
(97) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on May 17, 1990,
July 5, 1990, June 7, 1991, and April 21, 1992.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection, dated May 17, 1990 and June 7, 1991, submitting a revision
to the Massachusetts State Implementation Plan.
(B) Definition of ``motor vehicle fuel,'' ``motor vehicle fuel
dispensing facility,'' ``substantial modification,'' and ``vapor
collection and control system,'' added to 310 CMR 7.00 and effective in
the Commonwealth of Massachusetts on October 27, 1989.
[[Page 63]]
(C) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the Commonwealth of Massachusetts on October 27, 1989.
(D) Amendments to 310 CMR 7.24(6)(b) ``Dispensing of Motor Vehicle
Fuel'' and to the definition of ``substantial modification'' in 310 CMR
7.00, effective in the Commonwealth of Massachusetts on June 21, 1991.
(E) Amendment to the definition of ``motor vehicle fuel dispensing
facility'' in 310 CMR 7.00, effective in the Commonwealth of
Massachusetts on April 12, 1991.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated July 5, 1990, requesting the withdrawal of amendments
to subsection 310 CMR 7.24(2)(c) which require Stage I vapor recovery in
Berkshire County from the SIP revision package submitted on May 17,
1990.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated April 21, 1992, submitting an implementation policy
statement regarding its Stage II program. This policy statement
addresses the installation of California Air Resources Board (CARB)
certified systems, Stage II testing procedures, and defects in State II
equipment.
(C) Nonregulatory portions of the submittal.
(98) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 13,
1992, January 15, 1993, and February 17, 1993.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated November 13, 1992, January 15, 1993, and February 17,
1993, submitting a revision to the Massachusetts State Implementation
Plan.
(B) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the State of Massachusetts on February 12, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(99) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 3, 1990
and August 26, 1992 which define and impose reasonably available control
technology to control volatile organic compound emissions from S. Bent &
Brothers in Gardner, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 26, 1992 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Air Quality Approval RACT issued to S. Bent by the
Massachusetts Department of Environmental Protection dated and effective
May 22, 1992.
(ii) Additional materials
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 3, 1990 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Air Quality Approval RACT issued to S. Bent by the
Massachusetts Department of Environmental Protection dated and effective
October 17, 1990.
(C) Nonregulatory portions of the November 3, 1990 and August 26,
1992 state submittals.
(100) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 19, 1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 19, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Plan approval no. C-P-93-011, effective June 30, 1993, which
contains emissions standards, operating conditions, and recordkeeping
requirements applicable to Nichols & Stone Company in Gardner,
Massachusetts.
(ii) Additional materials.
(A) Letter dated October 27, 1993 from Massachusetts Department of
Environmental Protection submitting certification of a public hearing.
(101) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 9,
1991.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 9, 1991 submitting
[[Page 64]]
a revision to the Massachusetts State Implementation Plan.
(B) Massachusetts Regulation 310 CMR 7.36, entitled ``Transit System
Improvements'', Massachusetts Regulation 310 CMR 7.37, entitled ``High
Occupancy Vehicle Facilities'', and amendments to 310 CMR 7.00, entitled
``Definitions,'' effective in the Commonwealth of Massachusetts on
December 6, 1991.
(102) [Reserved]
(103) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 15,
1993 and May 11, 1994, substituting the California Low Emission Vehicle
program for the Clean Fuel Fleet program.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated November 15, 1993 and May 11, 1994, submitting a
revision to the Massachusetts State Implementation Plan which
substitutes the California Low Emission Vehicle program for the Clean
Fuel Fleet program.
(B) A regulation dated and effective January 31, 1992, entitled ``U
Low Emission Vehicle Program'', 310 CMR 7.40.
(C) Additional definitions to 310 CMR 7.00 ``Definitions'' (dated
and effective 1/31/92) to carry out the requirements set forth in 310
CMR 7.40.
(ii) Additional materials.
(A) Additional nonregulatory portions of the submittal.
(104) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 31, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated March 31, 1994 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Plan Approval No. 4P92012, dated and effective March 16,
1994 imposing reasonably available control technology on Brittany Dyeing
and Finishing of New Bedford, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(105) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 6, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated June 6, 1994 submitting a revision to the Massachusetts
State Implementation Plan.
(B) 310 CMR 7.02(12) ``U Restricted Emission Status'' effective in
the Commonwealth of Massachusetts on February 25, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(106) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 28, 1990,
September 30, 1992, and July 15, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated June 28, 1990, submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated September 30, 1992, submitting a revision to the
Massachusetts State Implementation Plan.
(C) Letter from the Massachusetts Department of Environmental
Protection, dated July 15, 1994, submitting a revision to the
Massachusetts State Implementation Plan.
(D) Regulation 310 CMR 7.12 entitled ``Inspection Certification
Record Keeping and Reporting'' which became effective on July 1, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of submittal.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated December 30, 1994, assuring EPA that the data elements
noted in EPA's December 13, 1994 letter were being incorporated into the
source registration forms used by Massachusetts emission statement
program.
(ii) Additional materials.
(A) Nonregulatory portions of submittal.
(107) Massachusetts submitted the Oxygenated Gasoline Program on
October 29, 1993. This submittal satisfies the
[[Page 65]]
requirements of section 211(m) of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Letter dated October 29, 1993 which included the oxygenated
gasoline program, amendments to the Massachusetts Air Pollution Control
Regulations, 310 CMR 7.00, with an effective date of March 1, 1994,
requesting that the submittal be approved and adopted as part of
Massachusetts' SIP.
(ii) Additional materials.
(A) The Technical Support Document for the Redesignation of the
Boston Area as Attainment for Carbon Monoxide submitted on December 12,
1994.
(108) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 9, 1995.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated January 9, 1995 submitting a revision to the
Massachusetts State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the Commonwealth of Massachusetts effective on November
18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U Best
Available Controls for Consumer and Commercial Products.
(109) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 9, 1995.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated January 9, 1995, submitting a revision to the
Massachusetts State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the Commonwealth of Massachusetts effective on December
16, 1994: 310 Code of Massachusetts Regulations Section 7.18(28)
Automotive Refinishing.
(110) [Reserved]
(111) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 30, 1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 30, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Massachusetts Air Pollution Control Regulation 310 CMR 7.33,
entitled ``City of Boston/South Boston Parking Freeze,'' and the
following amendments to 310 CMR 7.00, entitled ``Definitions,'' which
consist of adding or amending four definitions; motor vehicle parking
space; off-peak parking spaces; remote parking spaces; and restricted
use parking, effective in the Commonwealth of Massachusetts on April 9,
1993.
(112) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 9,
1994, and April 14, 1995, concerning emissions banking, trading, and
averaging.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated February 9, 1994, and March 29, 1995, submitting
revisions to the Massachusetts State Implementation Plan.
(B) Regulations 310 CMR 7.00 Appendix B(1); 310 CMR 7.00 Appendix
B(2); 310 CMR 7.00 Appendix B(3), except 310 CMR 7.00 Appendix
B(3)(e)5.h; and, 310 CMR 7.00 Appendix B(5); effective on January 1,
1994. Also, regulations 310 CMR 7.00 Appendix B(4); 310 CMR 7.00
Appendix B(6); 310 CMR 7.18(2)(b); 310 CMR 7.19(2)(d); 310 CMR
7.19(2)(g); and, 310 CMR 7.19(14); effective on January 27, 1995.
(ii) Additional materials.
(A) Letter and attachments from the Massachusetts Department of
Environmental Protection dated February 8, 1996, submitting supplemental
information concerning the demonstration of balance between credit
creation and credit use.
(113) A revision to the Massachusetts SIP regarding ozone
monitoring. The Commonwealth of Massachusetts will modify its SLAMS and
its NAMS monitoring systems to include a PAMS network design and
establish monitoring sites. The Commonwealth's SIP revision satisfies 40
CFR 58.20(f) PAMS requirements.
(i) Incorporation by reference.
(A) Massachusetts PAMS Network Plan, which incorporates PAMS into
[[Page 66]]
the ambient air quality monitoring network of State or Local Air
Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS).
(ii) Additional material.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 30, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(114) The Commonwealth of Massachusetts' March 27, 1996 submittal
for an enhanced motor vehicle inspection and maintenance (I/M) program,
as amended on June 27, 1996 and July 29, 1996, and November 1, 1996, is
conditionally approved based on certain contingencies, for an interim
period to last eighteen months. If the Commonwealth fails to start its
program according to schedule, or by November 15, 1997 at the latest,
this conditional approval will convert to a disapproval after EPA sends
a letter to the state. If the Commonwealth fails to satisfy the
following conditions within 12 months of this rulemaking, this
conditional approval will automatically convert to a disapproval as
explained under section 110(k) of the Clean Air Act.
(i) The conditions for approvability are as follows:
(A) The time extension program as described and committed to in the
March 3, 1997 letter from Massachusetts must be further defined and
submitted to EPA as a SIP revision by no later than one year after the
effective date of this interim approval. Another program which meets the
requirements of 40 CFR 51.360 (Waivers and Compliance via Diagnostic
Inspection) and provides for no more than a 1% waiver rate would also be
approvable.
(B) Other major deficiencies as described in the proposal must also
be corrected in 40 CFR 51.351 (Enhanced I/M Performance Standard),
Sec. 51.354 (Adequate Tools and Resources), Sec. 51.357 (Test Procedures
and Standards), Sec. 51.359 (Quality Control), and Sec. 51.363 (Quality
Assurance). The Commonwealth, committed in a letter dated March 3, 1997
to correct these deficiencies within one year of conditional interim
approval by EPA.
(ii) In addition to the above conditions for approval, the
Commonwealth must correct several minor, or de minimus deficiencies
related to CAA requirements for enhanced I/M. Although satisfaction of
these deficiencies does not affect the conditional approval status of
the Commonwealth's rulemaking granted under the authority of section 110
of the Clean Air Act, these deficiencies must be corrected in the final
I/M SIP revision prior to the end of the 18-month interim period granted
under the National Highway Safety Designation Act of 1995:
(A) The SIP lacks a detailed description of the program evaluation
element as required under 40 CFR 51.353;
(B) The SIP lacks a detailed description of the test frequency and
convenience element required under 40 CFR 51.355;
(C) The SIP lacks a detailed description of the number and types of
vehicles included in the program as required under 40 CFR 51.356;
(D) The SIP lacks a detailed information concerning the enforcement
process, and a commitment to a compliance rate to be maintained in
practice required under 40 CFR 51.361.
(E) The SIP lacks the details of the enforcement oversight program
including quality control and quality assurance procedures to be used to
insure the effective overall performance of the enforcement system as
required under 40 CFR 51.362;
(F) The SIP lacks a detailed description of procedures for
enforcement against contractors, stations and inspectors as required
under 40 CFR 51.364;
(G) The SIP lacks a detailed description of data analysis and
reporting provisions as required under 40 CFR 51.366;
(H) The SIP lacks a public awareness plan as required by 40 CFR
51.368; and
(I) The SIP lacks provisions for notifying motorists of required
recalls prior to inspection of the vehicle as required by 40 CFR 51.370.
(iii) EPA is also approving this SIP revision under section 110(k),
for its strengthening effect on the plan.
[37 FR 10871, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.1120, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
[[Page 67]]
Sec. 52.1121 Classification of regions.
The Massachusetts plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Boston Intrastate............................ I I III I I
Merrimack Valley-Southern New Hampshire Interstate........ I I III III III
Metropolitan Providence Interstate........................ I I III III III
Central Massachusetts Intrastate.......................... I II III III III
Hartford-New Haven-Springfield Interstate................. I I III I I
Berkshire Intrastate...................................... II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10872, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 61303, Sept. 16, 1980]
Sec. 52.1122 [Reserved]
Sec. 52.1123 Approval status.
(a) With the exceptions set forth in this subpart the Administrator
approves the Massachusetts plan as identified in Sec. 52.1120 for
attainment and maintenance of the national standards under section 110
of the Clean Air Act. Furthermore, the Administrator finds that the plan
identified in Sec. 52.1120 satisfies all requirements of Part D, Title I
of the Clean Air Act as amended in 1977, except as noted below. In
addition, continued satisfaction of the requirements of Part D of the
ozone portion of the SIP depends on the adoption and submittal of RACT
requirements by July 1, 1980 for the sources covered by CTGs issued
between January 1978 and January 1979 and adoption and submittal by each
subsequent January of additional RACT requirements for sourceovered by
CTGs issued by the previous January.
(b) The above requirements for continued satisfaction of Part D are
fulfilled by Massachusetts Regulation 310 CMR 7.18(17) and a narrative
commitment to review CTG IIIs issued in the future. Both were submitted
on September 9, 1982. Additionally, each individual RACT determination
made under 310 CMR 7.18(17) will be submitted as a SIP revision to
incorporate the limitation into the SIP, and DEQE will propose
regulations for CTG III category controls if the controls are
appropriate for the State.
[45 FR 61303, Sept. 16, 1980, as amended at 48 FR 51485, Nov. 9, 1983]
Sec. 52.1124 Review of new sources and modifications.
(a) Revisions to Regulation 310 CMR 7.02(2)(d) submitted on March
30, 1979 are disapproved because they do not satisfy the requirements of
Sec. 51.161.
[39 FR 7281, Feb. 25, 1974, as amended at 40 FR 47495, Oct. 9, 1975; 45
FR 2043, Jan. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33923, June 29,
1995]
Sec. 52.1125 Emission inventories.
(a) The Governor's designee for the Commonwealth of Massachusetts
submitted the 1990 base year emission inventories for the Springfield
nonattainment area and the Massachusetts portion of the Boston-Lawrence-
Worcester ozone nonattainment area on November 13, 1992 as a revision to
the State Implementation Plan (SIP). Revisions to the inventories were
submitted on November 15, 1993, and November 15, 1994, and March 31,
1997. The 1990 base year emission inventory requirement of section
182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied
for these areas.
(b) The inventories are for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventories
covers point, area, non-road mobile, on-road mobile, and biogenic
sources.
(c) Taken together, the Springfield nonattainment area and the
Massachusetts portion of the Boston-Lawrence-Worcester nonattainment
area encompass the entire geographic area of the
[[Page 68]]
State. Both areas are classified as serious ozone nonattainment areas.
[62 FR 37514, July 14, 1997]
Sec. 52.1126 Control strategy: Sulfur oxides.
(a) The revisions to the control strategy resulting from the
modification to the emission limitations applicable to the sources
listed below or resulting from the change in the compliance date for
such sources with the applicable emission limitation is hereby approved.
All regulations cited are air pollution control regulations of the
State, unless otherwise noted. (See Sec. 52.1125 for compliance schedule
approvals and disapprovals pertaining to one or more of the sources
listed below.)
----------------------------------------------------------------------------------------------------------------
Regulation
Source Location involved Date of adoption
----------------------------------------------------------------------------------------------------------------
Deerfield Specialty Papers, Inc.......... Monroe Bridge............... 5.1.2 Oct. 17, 1972.
Hollingsworth & Vose Co.................. East Walpole................ 5.1.2 June 29, 1972.
Pepperell Paper Co....................... Pepperell................... 5.1.2 Nov. 29, 1972.
Stevens Paper Mills, Inc................. Westfield and South Hadley.. 5.1.2 July 27, 1972.
Tileston and Hollingsworth Co............ Hyde Park................... 5.1.1 Nov. 21, 1972.
All sources in Berkshire APCD............ ............................ 5.1.2 Do.
----------------------------------------------------------------------------------------------------------------
(b)(1) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Pioneer Valley Air Pollution Control District, which allows
a relaxation of sulfur in fuel limitations under certain conditions, is
approved for the following sources. All other sources remain subject to
the previously approved requirements of Regulation 7.05(1) which
stipulate that sources are required to burn residual fuel oil having a
sulfur content not in excess of 0.55 pounds per million Btu heat release
potential (approximately equivalent to 1 percent sulfur content.)
Deerfield Specialty Paper Company, Monroe Bridge; Amherst College,
Amherst; Brown Company, Holyoke; Monsanto Polymer and Petrochemical
Company, Building 21, Springfield; Monsanto Polymer and Petrochemical
Company, Building 49, Springfield; Mount Holyoke College, South Hadley;
Uniroyal Tire Inc., Chicopee; Smith College, Northampton; West
Springfield Generating Station, Western Massachusetts Electric, West
Springfield.
Pioneer Valley APCD
Belchertown State School, Belchertown
James River Graphics (formerly Scott Graphics), south Hadley
(conditioned upon operation of the boilers on only one of the two stacks
at any given time, and operation being so restricted in the source's
operating permit granted by the Massachusetts Department of
Environmental Quality Engineering.)
Massachusetts Mutual Life Insurance Company, Springfield.
Northampton State Hospital, Northampton.
Springfield Technical Community College, Springfield.
Stanley Home Products, Easthampton.
Stevens Elastomeric Industries, Easthampton.
Ware Industries, Ware.
Westfield State College, Westfield.
Westover Air Force Base (Building 1411), Chicopee.
University of Massachusetts, Amherst.
Mount Tom Generating Station, Holyoke.
(2) Massachusetts Regulation 310 CMR 7.05(1)(e)(3) for Pioneer
Valley, as submitted on March 2, 1979, and May 5, 1981, which allows
sources in Hampshire and Franklin Counties rated at less than 100
million Btu per hour heat input capacity to burn fuel oil having a
sulfur content of not more than 1.21 pounds per million Btu heat release
potential (approximately equivalent to 2.2% sulfur content) is approved
for all such sources with the exception of:
Strathmore Paper Co., Montague.
(c) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) which allows a relaxation of sulfur in fuel limitations for the
Central Massachusetts Air Pollution Control District, except in the City
of Worcester, is approved for the following sources. All other sources
remain subject to the previously approved requirements of Regulation
7.05(1) which stipulate that sources are required to burn residual fuel
oil having a sulfur content not in excess of 0.55 pounds per million BTU
heat release potential (approximately equivalent to 1 percent sulfur
content fuel oil).
American Optical Company, Southbridge, Wyman Gordon Company, Grafton,
James
[[Page 69]]
River--Massachusetts Inc., Fitchburg, Fitchburg Paper Company, Fitchburg
(only boilers which emit through the 55 meter stack).
Central Massachusetts APCD
Borden, Inc., Chemical Division, Leominster (conditioned upon first
completing construction of new stack and certification of completion to
the EPA by the Massachusetts Department of Environmental Quality
Engineering.).
Gardner State Hospital, Gardner.
Grafton State Hospital, Grafton.
Haywood-Shuster Woolen, E. Douglas.
Cranston Prints Works, Webster.
Baldwinville products, Templeton--(conditioned upon first completing
construction of new stack, and certification of completion to the EPA by
the Massachusetts Department of Environmental Quality Engineering.).
(d) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Southeastern Massachusetts Air Pollution Control District,
which allows a relaxation of sulfur in fuel limitations under certain
conditions is approved for the following sources. All other sources
remain subject to the previously approved requirements of Regulation
7.05(1) which stipulate that sources are required to burn residual fuel
oil having a sulfur content not in excess of 0.55 pounds per million Btu
heat release potential (approximately equivalent to 1 percent sulfur
content.)
New England Power Company, Brayton Point Station, Somerset; Montaup
Electric Company, Somerset Station, Somerset (limited to 75% capacity
while burning higher sulfur fuels.) Canal Electric Company, Sandwich;
Taunton Municipal Lighting Plant, Somerset Avenue, Taunton.
Southeastern Massachusetts APCD
L&O Realty Trust, Taunton.
New Bedford Gas and Electric, New Bedford.
Texas Instruments, Attleboro.
Arkwright Finishing Incorporated, Fall River.
Foster Forbes Glass Company, Milford.
Owens Illinois Inc., Mansfield.
Harodite Finishing Corporation, Dighton--(conditioned upon prior removal
of rain-caps from stack, and certification of completion to the EPA by
the Massachusetts Department of Environmental Quality Engineering.)
Polaroid Corporation, New Bedford.
(e) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Merrimack Valley Air Pollution Control District, excluding
the City of Lawrence and the towns of Andover, Methuen, and North
Andover, which allows a relaxation of sulfur in fuel limitations under
certain conditions, is approved for the following sources. All other
sources remain subject to the previously approved requirements of
Regulation 7.05(1) which stipulates that sources are required to burn
residual fuel oil having a sulfur content not in excess of 0.55 pounds
per million Btu heat release potential (approximately equivalent to 1
percent sulfur content).
Hollingsworth and Vose, West Groton; James River Paper, Pepperell;
Haverhill Paperboard Corp., Haverhill. Residual oil burning facilities
less than 100 million Btu's per hour heat input capacity, except in the
City of Lawrence, and Towns of Andover, Methuen, and North Andover.
(f) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Metropolitan Boston Air Pollution Control District, which
allows a relaxation of sulfur in fuel limitations under certain
conditions, is approved for the following sources. All other sources
remain subject to the previously approved requirements of Regulation
7.05(1) which stipulate that sources in Arlington, Belmont, Boston,
Brookline, Cambridge, Chelsea, Everett, Malden, Medford, Newton,
Somerville, Waltham, and Watertown (the Boston Core Area) are limited to
burn fuel with a sulfur content not in excess of 0.28 pounds per million
Btu heat release potential (approximately 0.5% sulfur content residual
oil; sources in the remaining APCD are limited to burn fuel with a
sulfur content not in excess of 0.55 pounds per million Btu heat release
potential (approximately 1% sulfur content residual oil).
Metropolitan Boston APCD
General Motors, Framingham.
Polaroid Corporation, Norwood.
Bird and Son, East Walpole.
Massachusetts Correctional Institute, South Walpole.
Bridgewater State College, Bridgewater.
Hanscom Field, Bedford.
Wellesley College, Wellesley.
National Tanning and Trading, Peabody.
General Tire, Reading.
[[Page 70]]
General Food Corporation, Atlantic Gelatin, Woburn.
Massachusetts Correctional Institute, Bridgewater.
W. R. Grace, Acton.
Massachusetts Correctional Institute, Concord.
Danvers State Hospital, Danvers.
New England Power Company, Salem Harbor Station, Salem; Boston Edison, L
Street, New Boston Station, Boston; Boston Edison, Mystic Station,
Everett; Ventron Corporation, Danvers; General Electric, Lynn River
Works, Lynn; U.S.M. Corporation, Beverly; Medfield State Hospital,
Medfield; General Dynamics, Quincy; Hollingsworth and Vose, East
Walpole; Kendal Company, Walpole; Dennison Manufacturing Company,
Framingham.
Procter and Gamble Company, Quincy.
Natick Paperboard Corporation, Natick.
[38 FR 9089, Apr. 10, 1973]
Editorial Note: For Federal Register citations affecting
Sec. 52.1126, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.1127 Attainment dates for national standards.
The following table presents the latest dates by which the national
standards are to be attained. The table reflects the new information
presented in the approved Massachusetts plan.
----------------------------------------------------------------------------------------------------------------
TSP SO2
Nonattainment areas -------------------------------------------- NO2 CO O3
Primary Secondary Primary Secondary
----------------------------------------------------------------------------------------------------------------
Metropolitan Boston:
Intrastate....................... ......... ......... c g b ......... h
Boston........................... ......... ......... ......... ......... ......... h .........
Danvers.......................... a g ......... ......... ......... ......... .........
Cambridge........................ a g ......... ......... ......... h .........
Framingham....................... a g ......... ......... ......... ......... .........
Lynn............................. a g ......... ......... ......... ......... .........
Marblehead....................... a g ......... ......... ......... ......... .........
Norwood.......................... a g ......... ......... ......... ......... .........
Medford.......................... a g ......... ......... ......... h .........
Peabody.......................... a g ......... ......... ......... ......... .........
Quincy........................... a g ......... ......... ......... h .........
Revere........................... a g ......... ......... ......... ......... .........
Swampscott....................... a g ......... ......... ......... ......... .........
Waltham.......................... a g ......... ......... ......... h .........
Remainder AQCR................... a b ......... ......... ......... b .........
Merrimack Valley-Southern:
NH Interstate.................... ......... ......... c c b ......... h
Lowell........................... ......... ......... ......... ......... ......... h .........
Haverhill........................ a g ......... ......... ......... ......... .........
Lawrence......................... a g ......... ......... ......... ......... .........
Remainder AQCR................... a b ......... ......... ......... b .........
Metropolitan Providence:
Interstate....................... ......... ......... c c b b h
Fall River......................... a g ......... ......... ......... ......... .........
Remainder of AQCR................ a b ......... ......... ......... ......... .........
Central Mass Intrastate............ ......... ......... a c b ......... h
Worcester........................ f g ......... ......... ......... h .........
Athol............................ a g ......... ......... ......... ......... .........
Fitchburg........................ a g ......... ......... ......... ......... .........
Remainder of AQCR................ a b ......... ......... ......... b .........
Hartford-New Haven Springfield:
Interstate....................... ......... ......... a c b ......... h
Springfield...................... a g ......... ......... ......... h .........
Remainder AQCR................... a b ......... ......... ......... b .........
Berkshire Intrastate............... ......... ......... a b b b h
Adams............................ a g ......... ......... ......... ......... .........
North Adams...................... a g ......... ......... ......... ......... .........
Pittsfield....................... a g ......... ......... ......... ......... .........
Remainder AQCR................... a b ......... ......... ......... ......... .........
----------------------------------------------------------------------------------------------------------------
Note: Footnotes which are underlined are prescribed by the Administrator because the plan did not provide a
specific date or the date provided was not acceptable.
a. Air quality levels presently below primary standards or area is unclassifiable.
b. Air quality levels presently below secondary standards or area is unclassifiable.
c. May 31, 1975.
d. August 1, 1978.
e. May 31, 1977.
f. January 1, 1979.
g. 18-month extension for plan submittal granted, attainment date not yet proposed.
h. December 31, 1987.
[[Page 71]]
Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to the
1977 Clean Air Act Amendments remain obligated to comply with those requirements by the earlier deadlines. The
earlier attainment dates are set out at 40 CFR 52.1127 (1978).
[45 FR 61303, Sept. 16, 1980; 46 FR 33524, June 30, 1981]
Sec. 52.1128 Transportation and land use controls.
(a) For purposes of this subpart, the definitions herein are
applicable.
(b) Definitions:
(1) Register as applied to a motor vehicle, means the licensing of
such motor vehicle for general operation on public roads or highways by
the appropriate agency of the Federal Government or by the Commonwealth.
(2) Boston Intrastate Region means the Metropolitan Boston
Intrastate Air Quality Control Region, as defined in Sec. 81.19 of this
part.
(3) [Reserved]
(4) Freeze area means that portion of the Boston Intrastate Region
enclosed within the following boundaries:
The City of Cambridge; that portion of the City of Boston from the
Charles River and the Boston Inner Harbor on north and northeast of pier
4 on Northern Avenue; by the east side of pier 4 to B Street, B Street
extension of B Street to B Street, B Street, Dorchester Avenue, and the
Preble Street to Old Colony Avenue, then east to the water, then by the
water's edge around Columbia Point on various courses generally
easterly, southerly, and westerly to the center of the bridge on
Morrissey Boulevard, on the east and southeast; then due west to
Freeport Street, Freeport Street, Dorchester Avenue, Southeast
Expressway, Southampton Street, Reading Street, Island Street, Chadwick
Street, Carlow Street, Albany Street, Hunneman Street, Madison Street,
Windsor Street, Cabot Street, Ruggles Street, Parker Street, Ward
Street, Huntington Avenue, Brookline-Boston municipal boundary,
Mountford Street to the Boston University Bridge on the southwest and
west; and the Logan International Airport. Where a street or roadway
forms a boundary the entire right-of-way of the street is within the
freeze area as defined.
(5) Boston proper means that portion of the City of Boston,
Massachusetts, contained within the following boundaries: The Charles
River and Boston Inner Harbor on the northwest, north, and northeast,
the Inner Harbor, Fort Point Channel, Fitzgerald Expressway, and the
Massachusetts Avenue Expressway access branch on the east and southeast,
and Massachusetts Avenue on the west. Where a street or roadway forms a
boundary, the entire right-of-way of the street is within the Boston
proper area as here defined.
(6) Regional Administrator means the Administrator of Region I of
the U.S. Environmental Protection Agency.
(7) Governor means the Governor of the Commonwealth or the head of
such executive office of the Commonwealth as the Governor shall
designate as responsible for carrying out specific provisions of this
subpart.
(8) Commonwealth means the Commonwealth of Massachusetts.
[40 FR 25161, June 12, 1975]
Secs. 52.1129--52.1130 [Reserved]
Sec. 52.1131 Control strategy: Particulate matter.
(a) Revisions to the following regulations submitted on March 30,
1979 are disapproved:
(1) Regulation 310 CMR 7.02(8), Table 2, new facilities greater than
250 million Btu/hr input burning solid fuel.
(2) Regulation 310 CMR 7.02(9), Table 5.
[45 FR 2044, Jan. 10, 1980]
Sec. 52.1132 Control strategy: Carbon Monoxide.
(a) Approval--On November 13, 1992, the Massachusetts Department of
Environmental Protection submitted a revision to the carbon monoxide
State Implementation Plan for the 1990 base year emission inventory. The
inventory was submitted by the State of Massachusetts to satisfy Federal
requirements under section 182(a)(1) of the Clean Air Act as amended in
1990, as a revision to the carbon monoxide State Implementation Plan.
[[Page 72]]
(i) Approval--On December 12, 1994, the Massachusetts Department of
Environmental Protection submitted a request to redesignate the Boston
Area carbon monoxide nonattainment area to attainment for carbon
monoxide. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act, as amended in
1990. Elements of the section 175A maintenance plan include a base year
(1993 attainment year) emission inventory for carbon monoxide, a
demonstration of maintenance of the carbon monoxide NAAQS with projected
emission inventories to the year 2010 for carbon monoxide, a plan to
verify continued attainment, a contingency plan, and an obligation to
submit a subsequent maintenance plan revision in 8 years as required by
the Clean Air Act. If the area records a violation of the carbon
monoxide NAAQS (which must be confirmed by the State), Massachusetts
will implement one or more appropriate contingency measure(s) which are
contained in the contingency plan. The menu of contingency measures
includes an enhanced motor vehicle inspection and maintenance program
and implementation of the oxygenated fuels program. The redesignation
request and maintenance plan meet the redesignation requirements in
sections 107(d)(3)(E) and 175A of the Act as amended in 1990,
respectively. The redesignation meets the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the
Massachusetts Carbon Monoxide State Implementation Plan for the above
mentioned area.
[61 FR 2923, Jan. 30, 1996]
Sec. 52.1133 [Reserved]
Sec. 52.1134 Regulation limiting on-street parking by commuters.
(a) On-street parking means parking a motor vehicle on any street,
highway, or roadway, except for legal stops within designated loading
zones or areas defined for loading purposes, at or before intersections,
as caution, safety and emergencies require, whether or not a person
remains in the vehicle.
(b) Commencing on or before June 30, 1974, the Commonwealth, the
City of Boston, the City of Cambridge, and administrative bodies of any
of them having jurisdiction over any streets, highways, or roadways
within the City of Cambridge or Boston proper, and the principal
officials and administrative bodies thereof having responsibility over
parking on such streets, highways, or roadways, shall adopt all
necessary administrative and enforcement procedures and regulations to
effect a prohibition of on-street parking within Boston proper between
the hours of 7 a.m. and 9:30 a.m., and within the City of Cambridge
between the hours of 7 a.m. and 10 a.m., except Saturdays, Sundays and
legal holidays. The regulations shall state that violation of the
prohibition shall be punishable by a fine of not less than $15. The City
of Boston shall at a minimum eliminate 50 percent of on-street parking
during the hours specified by January 1, 1976; 66\2/3\ percent by
September 1, 1976; and 100 percent by March 1, 1977. The City of
Cambridge shall at a minimum eliminate 33\1/3\ percent of on-street
parking during the hours specified by September 30, 1974; 66\2/3\
percent by July 1, 1975; and 100 percent by March 1, 1977. Any other
affected entity shall at a minimum eliminate 33\1/3\ percent of such
parking during the hours of 7 a.m. to 10 a.m. by January 1, 1976; 66\2/
3\ percent by September 1, 1976, and 100 percent by March 1, 1977.
(c) The following classes of vehicles shall be exempt from the
requirements of this section, provided that on-street parking by such
vehicles is in compliance with local and state regulations:
(1) Vehicles owned by residents of that portion of Boston included
within Boston proper that are registered in Boston and display a
resident parking sticker for that area issued by the City of Boston;
(2) Vehicles owned by residents of Cambridge that are registered in
and parked within Cambridge and display an appropriate parking sticker
issued by the City of Cambridge;
(3) Vehicles owned and operated by handicapped persons with HP
license plates; and
(4) Vehicles registered as ``commercial vehicles'' by the
Commonwealth and displaying appropriate license plates.
[[Page 73]]
(d) On or before June 30, 1974, no owner or operator of a motor
vehicle shall park, or permit the on-street parking of, said vehicle
within Cambridge or Boston proper except in conformity with the
provisions of this section and the measures implementing it.
(e) The Governor and the chief executive of any other governmental
entity on which obligations are imposed by paragraph (b) of this section
should, on or before April 15, 1974, submit to the Regional
Administrator for his approval a detailed statement of the legal and
administrative steps selected to effect the prohibition provided for in
paragraphs (b) and (d) of this section, and a schedule of implementation
consistent with the requirements of this section. Such schedule shall
include as a minimum the following:
(1) Designation of one or more agencies responsible for the
administration and enforcement of the program;
(2) The procedures by which the designated agency will enforce the
prohibition provided for in paragraphs (b) and (d) of this section;
(3) The procedures by which vehicles exempt from the requirements of
this section will be marked; and
(4) A map showing which streets will be subject to the ban according
to the schedule of implementation.
(f) Upon a finding that substantial hardship would otherwise be
experienced by employees of employment facilities located in Cambridge,
the Director of Traffic and Parking of the City of Cambridge may issue
special parking stickers to such employees which shall entitle vehicles
to park during the hours of the ban. Such stickers shall be valid only
for those streets and areas of streets clearly identified on the face of
such stickers, shall be issued with preference being given to carpools
and vanpools and shall be subject to immediate revocation if the vehicle
is cited for a parking violation on a street or area other than those
designated. A list of all persons receiving such stickers shall be sent
to the Regional Administrator on or before July 1 of each year.
(g) The ban shall not apply to any street space which is subject to
metered parking with a maximum allowable time limit of one hour.
[40 FR 25162, June 12, 1975]
Sec. 52.1135 Regulation for parking freeze.
(a) Definitions:
(1) The phrase to commence construction means to engage in a
continuous program of on-site construction including site clearance,
grading, dredging, or land filling specifically designed for a parking
facility in preparation for the fabrication, erection, or installation
of the building components of the facility. For the purpose of this
paragraph, interruptions resulting from acts of God, strikes,
litigation, or other matters beyond the control of the owner shall be
disregarded in determining whether a construction or modification
program is continuous.
(2) The phrase to commence modification means to engage in a
continuous program of on-site modification including site clearance,
grading, dredging, or land filling in preparation for a specific
modification of the parking facility.
(3) The phrase commercial parking space means a space used for
parking a vehicle in a commercial parking facility.
(4) [Reserved]
(5) Commercial parking facility (also called facility) means any
lot, garage, building or structure, or combination or portion thereof,
on or in which motor vehicles are temporarily parked for a fee,
excluding (i) a parking facility, the use of which is limited
exclusively to residents (and guests of residents) of a residential
building or group of buildings under common control, and (ii) parking on
public streets.
(6) Freeze means to maintain at all times after October 15, 1973,
the total quantity of commercial parking spaces available for use at the
same amounts as were available for use prior to said date; Provided,
That such quantity may be increased by spaces the construction of which
commenced prior to October 15, 1973, or as specifically permitted by
paragraphs (n), (p) and (q) of this section; provided further that such
additional spaces do not result in an increase of more than 10 percent
in the
[[Page 74]]
total commercial parking spaces available for use on October 15, 1973,
in any municipality within the freeze area or at Logan International
Airport (``Logan Airport''). For purposes of the last clause of the
previous sentence, the 10 percent limit shall apply to each municipality
and Logan Airport separately.
(b) [Reserved]
(c) There is hereby established a freeze, as defined by paragraph
(a)(6) of this section, on the availability of commercial parking
facilities in the freeze area effective October 15, 1973. In the event
construction in any municipality, commenced prior to October 15, 1973,
results in a number of spaces which exceeds the 10 percent limit
prescribed by paragraph (a)(6) of this section, then the Governor shall
immediately take all necessary steps to assure that the available
commercial spaces within such municipality shall be reduced to comply
with the freeze. In the event that such limit is exceeded at Logan
Airport, then the provisions of paragraph (m) of this section shall
apply.
(d) [Reserved]
(e) After August 15, 1973, no person shall commence construction of
any commercial parking facility or modification of any such existing
facility in the freeze area unless and until he has obtained from the
Governor or from an agency approved by the Governor a permit stating
that construction or modification of such facility will be in compliance
with the parking freeze established by paragraph (c) of this section.
This paragraph shall not apply to any proposed parking facility for
which a general construction contract was finally executed by all
appropriate parties on or before August 15, 1973.
(f) The Governor shall notify the Regional Administrator in writing
within 10 days of approval of any agency pursuant to paragraph (e) of
this section. In order for any agency to be approved by the Governor for
purposes of issuing permits pursuant to paragraph (e) of this section,
such agency shall demonstrate to the satisfaction of the Governor that:
(1) Requirements for permit application and issuance have been
established. Such requirements shall include but not be limited to a
condition that before a permit may be issued the following findings of
fact or factually supported projections must be made:
(i) The location of the facility; and
(ii) The total motor vehicle capacity before and after the proposed
cons t r u c t i o n o r m o d i f i c a t i o n o f t h e facility.
(2) Criteria for issuance of permits have been established and
published. Such criteria shall include, but not be limited to:
(i) Full consideration of all facts contained in the application.
(ii) Provisions that no permit will be issued if construction or
modification of the facility will not comply with the requirements of
paragraph (c) of this section.
(3) Agency procedures provide that no permit for the construction or
modification of a facility covered by this section shall be issued
without notice and opportunity for public hearing. The public hearing
may be of a legislative type; the notice shall conform to the
requirements of 40 CFR 51.4(b); and the agency rules or procedures may
provide that if no notice of intent to participate in the hearing is
received from any member of the public (other than the applicant) prior
to 7 days before the scheduled hearing date, no hearing need be held. If
notice of intent to participate is required, the fact shall be noted
prominently in the required hearing notice.
(g)-(l) [Reserved]
(m) On or before January 30, 1975, the Massachusetts Port Authority
(``Massport'') shall prepare and submit to the Governor for his approval
a plan showing the manner in which the number of commercial parking
spaces at Logan Airport which exceeds the number of such spaces
permitted under the freeze shall be removed from use. The Governor shall
approve such plan if he determines that (1) implementation of such plan
would result in reducing the aggregate number of commercial parking
spaces to the level of such spaces permitted by this section, (2)
Massport has adequate legal authority to implement such plan and (3)
adequate commitments have been made by Massport to assure the Governor
that such plan
[[Page 75]]
will be fully implemented and maintained on and after May 1, 1976. In
the event that the Governor does not approve such plan by April 1, 1976,
then the owner or operator of each commercial parking facility located
at Logan Airport shall, on or before July 1, 1976, reduce the number of
commercial parking spaces available for use at each such facility by an
amount which bears the same proportion to the number of spaces exceeding
the limit imposed by this section as the number of spaces available at
such facility bears the total number of such spaces which were available
for use at Logan Airport on April 1, 1976.
(n) Where an agency approved by the Governor under paragraph (e) of
this section to issue permits for new construction in the City of
Cambridge demonstrates to the satisfaction of the Governor that (1)
specific on-street parking spaces in use as of October 15, 1973, were
being legally and regularly used as of such date for parking by
commuters (as that term is defined in Sec. 52.1161(a)(6)) who are not
residents of Cambridge and that (2) effective measures have been
implemented (including adequate enforcement) to prevent such spaces from
being used by such commuters, then such approved agency may issue
permits for construction of additional new commercial parking spaces
equal to one-half of the number of spaces removed from regular
use by such commuters and the total quantity of commercial
parking spaces allowable in Cambridge under this section shall
be raised accordingly.
(o) On or before July 31, 1976, and on or before each succeeding
July 31, the Governor and the chief executive officer of any agency
approved by the Governor under paragraph (e) of this section shall
submit a report to the Regional Administrator setting forth:
(1) The names and addresses of all persons who received permits
during the previous twelve-month period ending June 30 and number of
spaces allocated to each such person;
(2) The number of commercial parking spaces available for use as of
the June 30 prior to the date of the report;
(3) The number of commercial parking spaces which remain available
for allocation by the Governor or such agency as of the June 30 prior to
the date of the report, including those spaces made available because of
retirement of existing commercial parking spaces as well as those spaces
made available because of the effects of paragraphs (n), (p) and (q) of
this section; and
(4) The location and capacity of any park-and-ride facility
designated under paragraph (p) of this section.
(p) The Governor and any approved agency may issue a permit to
construct a commercial parking facility which is designated by the
Governor as a park-and-ride facility to be operated in conjunction with
mass transit service without regard to the limitations on number of
spaces imposed by this section.
(q) Where an agency approved by the Governor can demonstrate to the
satisfaction of the Governor that there have been physically eliminated
through permanent modification or demolition any legal on-street parking
spaces within a municipality then such agency may issue permits for
construction within that municipality of additional new commercial
parking spaces equal to the number of spaces thus eliminated and the
total quantity of commercial parking spaces allowable for such
municipality under this section shall be increased accordingly.
(r) The provisions of this regulation shall cease to be effective as
to that portion of the freeze area lying within the City of Boston and
not included within Boston proper or Logan Airport at such time as the
City of Boston implements a program, approved by the Governor, which
shall include effective measures to control the construction of
additional commercial parking spaces within that area, including
procedures for issuance of conditional use permits under applicable
zoning regulations and for assuring compliance with all air quality
requirements under state and Federal law.
[40 FR 25162, June 12, 1975, as amended at 40 FR 39863, Aug. 29, 1975]
[[Page 76]]
Secs. 52.1136--52.1144 [Reserved]
Sec. 52.1145 Regulation on organic solvent use.
(a) Definitions:
(1) Organic solvents include diluents and thinners and are defined
as organic materials which are liquids at standard conditions and which
are used as dissolvers, viscosity reducers, or cleaning agents, except
that such materials which exhibit a boiling point higher than 220 deg.
F. at 0.5 millimeters of mercury absolute pressure or having an
equivalent vapor pressure shall not be considered to be solvents unless
exposed to temperatures exceeding 220 deg. F.
(2) Solvent of high photochemical reactivity means any solvent with
an aggregate of more than 20 percent of its total volume composed of the
chemical compounds classified below or which exceeds any of the
following individual percentage composition limitations in reference to
the total volume of solvent:
(i) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cycloolefinic type of
unsaturation: 5 percent;
(ii) A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethylbenzene: 8 percent;
(iii) A combination of ethylbenzene, ketones having branched
hydrocarbon structures, trichloroethylene or toluene: 20 percent.
Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of the
above groups of organic compounds, it shall be considered as a member of
the most reactive chemical group, that is, that group having the least
allowable percentage of total volume of solvents.
(3) Organic materials are chemical compounds of carbon excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides,
metallic carbonates, and ammonium carbonate.
(b) This section is applicable throughout the Boston Intrastate
Region. The requirements of this section shall be in effect in
accordance with Sec. 52.1147.
(c) No person shall cause, allow, suffer, or permit the discharge
into the atmosphere of more than 15 pounds of organic materials in any 1
day, nor more than 3 pounds of organic materials in any 1 hour, from any
article, machine, equipment, or other contrivance, in which any organic
solvent or any material containing organic solvent comes into contact
with flame or is baked, heat-cured, or heat-polymerized, in the presence
of oxygen, unless said discharge has been reduced as a result of the
installation of abatement controls by at least 85 percent. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or wire
that emit organic materials and use operations described in this section
shall be collectively subject to compliance with this section.
(d) No person shall cause, suffer, allow, or permit the discharge
into the atmosphere of more than 40 pounds of organic materials in any 1
day, nor more than 8 pounds in any 1 hour, from any article, machine,
equipment, or other contrivance used under conditions other than
described in paragraph (c) of this section for employing, or applying
any solvent of high photochemical reactivity or material containing such
photochemically reactive solvent, unless said discharge has been reduced
as a result of the installation of abatement controls by at least 85
percent. Emissions of organic materials into the atmosphere resulting
from air or heated drying of products for the first 12 hours after their
removal from any article, machine, equipment or other contrivance
described in this section shall be included in determining compliance
with this section. Emissions resulting from baking, heat-curing, or
heat-polymerizing as described in paragraph (c) of this section shall be
excluded from determination of compliance with this section. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or wire
that emit organic materials and use operations described in this section
shall be collectively subject to compliance with this section.
(e) Emissions of organic materials to the atmosphere from the clean-
up with
[[Page 77]]
a solvent of high photochemical reactivity, or any article, machine,
equipment, or other contrivance described in paragraph (c) or (d) of
this section or in this paragraph, shall be included with the other
emissions of organic materials from that article, machine, equipment or
other contrivance for determining compliance with this section.
(f) No person shall cause, suffer, allow, or permit during any one
day disposal of a total of more than 1.5 gallons of any solvent of high
photochemical reactivity, or of any material containing more than 1.5
gallons of any such photochemically reactive solvent by any means that
will permit the evaporation of such solvent into the atmosphere.
(g) Emissions of organic materials into the atmosphere required to
be controlled by paragraph (c) or (d) of this section shall be reduced
by:
(1) Incineration, provided that 90 percent or more of the carbon in
the organic material being incinerated is converted to carbon dioxide,
or
(2) Adsorption, or
(3) The use of other abatement control equipment determined by the
Regional Administrator to be no less effective than either of the above
methods.
(h) A person incinerating, adsorbing, or otherwise processing
organic materials pursuant to this section shall provide, properly
install and maintain in calibration, in good working order, and in
operation, devices as specified in the authority to construct, or as
specified by the Regional Administrator, for indicating temperatures,
pressures, rates of flow, or other operating conditions necessary to
determine the degree and effectiveness of air pollution control.
(i) Any person using organic solvents or any materials containing
organic solvents shall supply the Regional Administrator upon request
and in the manner and form prescribed by him, written evidence of the
chemical composition, physical properties, and amount consumed for each
organic solvent used.
(j) The provisions of this rule shall not apply to:
(1) The manufacture of organic solvents, or the transport or storage
of organic solvents or materials containing organic solvents.
(2) The spraying or other use of insecticides, pesticides, or
herbicides.
(3) The employment, application, evaporation, or drying of saturated
halogenated hydrocarbons or perchloroethylene.
(4) The use of any material, in any article, machine, equipment or
other contrivance described in paragraph (c), (d), or (e) of this
section if:
(i) The volatile content of such material consists only of water,
and organic solvents;
(ii) The organic solvents comprise not more than 30 percent by
volume of said volatile content;
(iii) The volatile content is not a solvent of high photochemical
reactivity as defined in paragraph (a) of this section; and
(iv) The organic solvent or any material containing organic solvent
does not come into contact with flame. This last stipulation applies
only for those articles, machines, equipment or other contrivances that
are constructed or modified after November 8, 1973.
(5) The use of any material, in any article, machine, equipment or
other contrivance described in paragraph (c), (d), or (e) of this
section if:
(i) The organic solvent content of such material does not exceed 30
percent by volume of said material;
(ii) The volatile content is not a solvent of high photochemical
reactivity; and
(iii) [Reserved]
(iv) The organic solvent or any material containing organic solvent
does not come into contact with flame. This last stipulation applies
only for those articles, machines, equipment or other contrivances that
are constructed or modified after November 8, 1973.
(6) [Reserved]
(7) An article, machine, equipment or other contrivance described in
paragraph (c), (d) or (e) of this section used exclusively for chemical
or physical analyses or determination of product quality and commercial
acceptance provided that--
(i) The exemption is approved in writing by the Regional
Administrator;
(ii) The operator of said article, machine, equipment or contrivance
is not
[[Page 78]]
an integral part of the production process; and
(iii) The emissions from said article, machine, equipment or other
contrivance do not exceed 800 lbs. in any calendar month.
(8) Sources subject to the provisions of Massachusetts Regulation
310 CMR 7.18 which has been federally approved.
(k) [Reserved]
(l) All determinations of emission rates shall be conducted in a
manner approved in writing by the Regional Administrator.
[40 FR 25165, June 12, 1975, as amended at 47 FR 28373, June 30, 1982]
Sec. 52.1146 [Reserved]
Sec. 52.1147 Federal compliance schedules.
(a) Except as provided in paragraph (c) of this section, the owner
or operator of a source subject to regulation under paragraph (c)(1) of
Sec. 52.1144 and Sec. 52.1145 shall comply with the increments of
progress contained in the following schedule:
(1) Final control plans for emission control systems or process
modifications must be submitted on or before June 1, 1974, for sources
subject to Sec. 52.1144(c)(1) and on or before May 1, 1974 for sources
subject to Sec. 52.1145.
(2) Contracts for emission control systems or process modifications
must be awarded or orders must be issued for the purchase of component
parts to accomplish emission control or process modifications on or
before March 1, 1975, for sources subject to Sec. 52.1144(c)(1) and on
or before July 1, 1974, for sources subject to Sec. 52.1145.
(3) Initiation of on-site construction or installation of emission
control equipment or process modification must begin on or before May 1,
1975, for sources subject to Sec. 52.1144(c)(1) and on or before August
15, 1974, for sources subject to Sec. 52.1145.
(4) On-site construction or installation of emission control
equipment or process modification must be completed prior to April 15,
1975, except for purposes of paragraph (c)(1) of Sec. 52.1144, the
applicable date shall be February 1, 1976.
(5) Final compliance is to be achieved prior to May 31, 1975, except
for sources subject to paragraph (c)(1) of Sec. 52.1144 of this subpart.
Final compliance for sources subject to paragraph (c)(1) of Sec. 52.1144
is to be achieved by June 1, 1976.
(i) Facilities subject to paragraph (c)(1)(iii) of Sec. 52.1144 of
this subpart which have a daily throughput of 20,000 gallons of gasoline
or less are required to have a vapor recovery system in operation no
later than May 31, 1977. Delivery vessels and storage containers served
exclusively by facilities required to have a vapor recovery system in
operation no later than May 31, 1977, also are required to meet the
provisions of this section no later than May 31, 1977.
(6) Any owner or operator of stationary sources subject to
compliance schedule in this paragraph shall certify to the Administrator
within 5 days after the deadline for each increment of progress, whether
or not the required increment of progress has been met.
(7) Any gasoline dispensing facility subject to paragraph (c)(1) of
Sec. 52.1144 which installs a storage tank after October 15, 1973, shall
comply with such paragraph by March 1, 1976. Any facility subject to
such paragraph which installs a storage tank after March 1, 1976 shall
comply with such paragraph at the time of installation.
(b) Except as provided in paragraph (d) of this section, the owner
or operator of a source subject to paragraph (d)(1) of Sec. 52.1144
shall comply with the increments of progress contained in the following
compliance schedule:
(1) Final control plans for emission control systems or process
modifications must be submitted prior to January 1, 1975.
(2) Contracts for emission control systems or process modifications
must be awarded or orders must be issued for the purchase of component
parts to accomplish emission control or process modification prior to
March 1, 1975.
(3) Initiation of on-site construction or installation of emission
control equipment or process modification must begin not later than May
1, 1975.
(4) On-site construction or installation of emission control
equipment or process modification must be completed prior to May 1,
1977.
[[Page 79]]
(5) Federal compliance is to be achieved prior to May 31, 1977.
(6) Any owner or operator of stationary sources subject to the
compliance schedule in this paragraph shall certify to the
Administrator, within 5 days after the deadline for each increment of
progress, whether or not the required increment of progress has been
met.
(7) Any gasoline dispensing facility subject to paragraph (d)(1) of
Sec. 52.1144 which installs a gasoline dispensing system after the
effective date of this regulation shall comply with the requirements of
such paragraph by May 31, 1977. Any facility subject to such paragraph
which installs a gasoline dispensing system after May 31, 1977, shall
comply with such paragraph at the time of installation.
(c) Paragraph (a) of this section shall not apply:
(1) To a source which is presently in compliance with all
requirements of paragraph (c)(1) of Sec. 52.1144 and Sec. 52.1145 and
which has certified such compliance to the Administrator by June 1,
1974. The Administrator may request whatever supporting information he
considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
Commonwealth and approved by the Administrator.
(3) To a source subject to Sec. 52.1144(c)(1) whose owner or
operator submits to the Administrator by June 1, 1974, a proposed
alternative compliance schedule. No such schedule may provide for
compliance after March 1, 1976. If promulgated by the Administrator,
such schedule shall satisfy the requirements of this paragraph for the
affected source.
(4) To a source subject to Sec. 52.1145 whose owner or operator
submits to the Administrator by May 1, 1974, a proposed alternative
compliance schedule. No such schedule may provide for compliance after
May 31, 1975. If promulgated by the Administrator, such schedule shall
satisfy the requirements of this paragraph for the affected source.
(d) Paragraph (b) of this section shall not apply:
(1) To a source which is presently in compliance with paragraph
(d)(1) of Sec. 52.1144 and which has certified such compliance to the
Administrator by January 1, 1975. The Administrator may request whatever
supporting information he considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Administrator
by June 1, 1974, a proposed alternative schedule. No such schedule may
provide for compliance after May 31, 1977. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
(e) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (a) or (b) of this section fails
to satisfy and requirements of 40 CFR 51.15 (b) and (c).
[38 FR 30970, Nov. 8, 1973]
Editorial Notes: (1) For Federal Register citations affecting
Sec. 52.1147, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
(2) The compliance dates given in paragraphs (b) (1) through (3) of
Sec. 52.1147 were deferred indefinitely at 40 FR 1127, Jan. 6, 1975.
Secs. 52.1148--52.1159 [Reserved]
Sec. 52.1160 Requirements for state implementation plan revisions relating to new motor vehicles.
Massachusetts' adopted LEV program must be revised to the extent
necessary for the state to comply with all aspects of the requirements
of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.1161 Incentives for reduction in single-passenger commuter vehicle use.
(a) Definitions:
(1) Employer means any person or entity which employs 50 or more
employees at any time during a calendar year at an employment facility
located in the Boston Intrastate Region.
[[Page 80]]
(2) Educational institution means any person or entity which has 250
or more employees and students at any time during the academic year at
an educational facility offering secondary level or higher training
including vocational training located in the Boston Intrastate Region.
(3) Employee means any person who performs work for an employer
thirty-five or more hours per week and for more than twenty weeks per
year for compensation and who travels to and from work by any mode of
travel.
(4) Student means any full-time day student who does not live at the
educational institution and who travels to and from classes by any mode
of travel.
(5) Affected facility means any employment facility at which 50 or
more persons are employees or any educational facility at which 250 or
more persons are students and employees.
(6) Commuter means both an employee and a student.
(7) Single-passenger commuter vehicle means a motor-driven vehicle
with four or more wheels with capacity for a driver plus one or more
passengers which is used by a commuter traveling alone to work or
classes and is not customarily required to be used in the course of his
employment or studies.
(8) Base date means the date set forth in paragraph (d) of this
section as of which the base number of single-passenger commuter
vehicles at a particular employment facility or educational institution
must be determined.
(9) The Secretary means the Secretary of Transportation and
Construction of the Commonwealth of Massachusetts.
(b) Commencing with the effective date of this section, each
employer and educational institution (except as provided below) shall
diligently and expeditiously implement and thereafter continuously
maintain the following mandatory measures which are designed to achieve
a goal of reducing the number of single-passenger commuter vehicles
customarily commuting daily to each affected facility as of its base
date by 25 percent (or as adjusted pursuant to paragraph (g) of this
section):
(1) Making available to commuters any pass program offered by the
Massachusetts Bay Transportation Authority, if any commuter to the
facility uses the mass transit facilities of such Authority as part of
his daily commuting trip, including making all administrative
arrangements for commuters to purchase the pass and thereby participate
in the pass program and encouraging commuters to participate by such
means as publicizing the availability of the pass program and the cost
advantages thereof.
(2)-(8) [Reserved]
[40 FR 25166, June 12, 1975, as amended at 47 FR 28373, June 30, 1982;
41 FR 10223, Mar. 10, 1976]
Sec. 52.1162 Regulation for bicycle use.
(a) Definitions:
(1) Bicycle means a two-wheel nonmotor-powered vehicle.
(2) Bike path means a route for the exclusive use of bicycles
separated by grade or other physical barrier from motor traffic.
(3) Bike lane means a street lane restricted to bicycles and so
designated by means of painted lanes, pavement coloring or other
appropriate markings. A peak hour bike lane means a bike lane effective
only during times of heaviest auto commuter traffic.
(4) Bike route means a route in which bicycles share road space with
motorized vehicles.
(5) Bikeway means bike paths, bike lanes and bike routes.
(6) Bicycle parking facility means any facility for the temporary
storage of bicycles which allows the frame and both wheels of the
bicycle to be locked so as to minimize the risk of theft and vandalism.
(7) Parking facility means a lot, garage, building, or portion
thereof in or of which motor vehicles are temporarily parked.
(8) Parking space means the area allocated by a parking facility for
the temporary storage of one automobile.
(9) MBTA means the Massachusetts Bay Transportation Authority.
(b) Application. This section shall be applicable in the Boston
Intrastate Region.
(c) Study. The Commonwealth, according to the schedule set forth in
paragraph (d) of this section, shall conduct a comprehensive study of,
and in
[[Page 81]]
that study recommend, the establishment of permanent bikeways and
related facilities within the area described in paragraph (b) of this
section. The study shall consider or include at least the following
elements:
(1) The physical design for bikeways, intersections involving
bikeways, and means of bicycle link-ups with other modes of
transportation;
(2) The location of bikeways, including ascertaining high accident
or pollution areas and developing means of avoiding or ameliorating
those situations as well as means of providing intersection safety
generally;
(3) The location of bicycle parking facilities, including bus stops;
(4) The rules of the road for bicyclists, and to the extent that
present rules must be modified because of bikeways, new rules of the
road for motorists. Also the feasibility of mandatory adult bicycle
registration to minimize theft and increase recovery of stolen bicycles;
(5) Bicycle safety education for bicyclists, motorists, children,
students, street maintenance personnel and policemen, including
requiring bicycle safety principles and safe street riding skills to be
taught in high school automobile driver(s) education programs;
(6) Methods for publicizing bicycles or bicycles plus mass transit
as alternatives to automobile transportation, including the preparation,
perhaps in conjunction with bicentennial efforts, of a master Boston
area transit map, indicating the kind, extent and location of bicycle
facilities, public baths, showers, toilet facilities, water fountains,
as well as routes and stops for MBTA, common carriers and private bus
lines, such map to be distributed by the Registry of Motor Vehicles with
each automobile new registration and automobile registration renewal;
(7) Requiring or providing incentives for common carriers and mass
transit carriers, especially the Blue Line of the MBTA, to provide
bicycle parking facilities at their respective terminals and stations
and bicycle carrying facilities on their respective vehicles;
(8) The creation of roadway zones in which all vehicles, except mass
transit, emergency and service vehicles, and bicycles, would be
excluded;
(9) Requiring or providing incentives for office buildings and
employers to install and to provide free shower and locker facilities
for cyclists;
(10) A bicycle user and potential user survey, which shall at a
minimum determine:
(i) For present bicycle riders, the origin, destination, frequency,
travel time, distance and purpose of bicycle trips;
(ii) In high density employment areas, the present modes of
transportation of employees and the potential modes of transportation,
including the numbers of employees who would use a bicycle for a
significant portion of their commuting transportation were suitable
facilities available to them. This section of the study shall seek to
ascertain the size of the working population that would move from
automobiles to mass transit and bicycles or bicycles alone as a
significant form of transportation. It shall also seek to ascertain what
bicycle facilities or mix thereof would produce the greatest conversion
from auto use;
(11) The special problems related to the design and incorporation in
the bikeway facilities described in paragraph (f) of this section of
feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA
and railroad stations, feeder bikeways to fringe parking areas, and
bicycle passage through rotaries and squares;
(12) The conversion of railroad beds, power lines, flood control
channels or similar corridors to bikepaths;
(13) Removing barriers to employees bringing their bicycles into
their offices;
(14) Removal or alteration of drain grates with bars so placed as to
catch bicycle wheels;
(15) Bicycle rentals at appropriate locations; and
(16) The feasibility of constructing bikeways along at least each of
the corridors set forth in paragraph (g) of this section.
In conducting the study, opportunity shall be given for public comments
and suggestions. Input shall also be solicited from state, regional and
local planning staffs, state, regional and
[[Page 82]]
local agencies, bicycle organizations and other interested groups and be
related to comprehensive transportation planning for the area designated
in paragraph (b) of this section. The study shall, using as a goal a
minimum of 180 miles of bikeways, examine as large a network of
facilities as is practicable within the area described in paragraph (b)
of this section and shall recommend physical designs for said
facilities. The study shall also propose a compliance schedule for
establishing any recommended permanent bicycle facilities.
(d) The Commonwealth of Massachusetts shall submit to the Regional
Administrator no later than October 1, 1975, a detailed compliance
schedule showing the steps that will be taken to carry out the study
required by paragraph (c) of this section. The compliance schedule shall
at a minimum include:
(1) Designation of the agency responsible for conducting the study;
(2) A date for initiation of the study, which date shall be no later
than October 1, 1975; and
(3) A date for completion of the study, and submittal thereof to the
Administrator, which date shall be no later than June 30, 1976.
(e) On or before September 1, 1976, the Administrator shall publish
in the Federal Register his response to the study required by paragraph
(c) of this section, and shall, in that response, either approve the
facility location and designs and other requirements as well as the
proposed compliance schedule for permanent facilities recommended in the
study, or shall designate alternative and/or additional facility
locations and designs and other requirements as well as modify the
proposed compliance schedule for permanent facilities. The Administrator
may provide, if he deems it necessary, for a public comment period prior
to the effective date of his response.
(f) Permanent bicycle facilities. At the conclusion of the study
required by paragraph (c) of this section and the Administrator's
response thereto, the Commonwealth shall, together with the
municipalities and other authorities having jurisdiction over affected
roadways and areas establish permanent bicycle facilities as required by
the Administrator's response to the study.
(g) The potential bikeway corridors to be studied pursuant to
paragraph (c)(16) are as follows:
(1) Central Square, Cambridge to Boston University;
(2) Harvard Square, Cambridge to Union Square, Allston;
(3) Union Square, Somerville to Central Square, Cambridge;
(4) Union Square, Allston to Government Center;
(5) Harvard Square, Cambridge to Government Center;
(6) Brookline Village to Government Center;
(7) Boston University to Longwood Avenue Hospital Zone;
(8) Egleston Square to Government Center;
(9) Columbus Park to Boston Common;
(10) L Street Beach to Government Center;
(11) Powder House Circle, Somerville to Harvard Square;
(12) Everett to Government Center;
(13) Porter Square, Cambridge to Columbus Park, Boston;
(14) Cleveland Circle to Government Center;
(15) Porter Square, Cambridge to Government Center;
(16) Harvard Square, Cambridge to Boston City Hospital; and
(17) Charlestown, Longfellow, Harvard, Boston University, River
Street, Western Avenue, Anderson, Summer Street, and Broadway Bridges.
(h) The MBTA shall provide bicycle parking facilities at each major
MBTA station adequate to meet the needs of MBTA riders within the area
designated in paragraph (b) of this section. Said parking facilities
shall at a minimum be located at:
(1) All stations of the Riverside portion of the Green Line;
(2) Reasonably spaced stops on other portions of the Green Line;
(3) All stations of the Red, Orange, and Blue Lines; and shall have
spaces for at least six bicycles per station, except for facilities at
terminal stations which shall have spaces for at least 24 bicycles.
[[Page 83]]
(i) The Commonwealth shall provide for advertisement of bikeways and
bicycle parking facilities in use within the area designated in
paragraph (b) of this section to potential users by means of media
advertisement, the distribution and posting of bikeway maps and bike
safety information, as well as for a program of bicycle safety education
including the motor vehicle operators license examination and public
service advertisement.
[40 FR 25168, June 12, 1975]
Sec. 52.1163 Additional control measures for East Boston.
(a) On or before December 31, 1975, the Governor, the Mayor of the
City of Boston, the Chairman of the Massachusetts Bay Transportation
Authority, the Chairman of the Massachusetts Turnpike Authority and the
Chairman of the Massachusetts Port Authority (``Massport'') shall each
submit to the Regional Administrator a study or studies of various
alternative strategies to minimize the number of vehicle trips to and
from Logan International Airport (``Logan Airport'') and to reduce the
amount of carbon monoxide in the vicinity of the Callahan and Sumner
Tunnels to a level consistent with the national primary ambient air
quality standards. These studies may be combined into one or more joint
studies. These studies shall contain recommendations for control
measures to be implemented prior to May 31, 1977. Measures to be studied
shall include but need not be limited to, the following:
(1) Incentives and programs for reductions in the use of single-
passenger vehicles through the Callahan and Sumner Tunnels;
(2) Alterations in traffic patterns in the tunnel area;
(3) Use of exclusive lanes for buses, carpools, taxis and limousines
during peak travel hours;
(4) Reduction of parking spaces at Logan Airport and increased
parking charges at remaining spaces;
(5) Construction of satellite terminal facilities for Logan Airport;
(6) Use of alternate modes of transportation for trips to and from
Logan Airport, and establishment of facilities at Logan Airport to
accommodate such modes;
(7) Improved transit service between the Blue Line subway stop and
airline terminals at Logan Airport; and
(8) Any other measures which would be likely to contribute to
achieving the required reductions.
(b) Massport shall monitor the number of vehicles entering and
leaving Logan Airport so as to provide the Secretary of Transportation
for the Commonwealth (the ``Secretary'') with reports on a semi-annual
basis, beginning on January 30, 1976, showing total vehicle trips per
day for the six-month period ending on the previous December 31 or June
30, presented and tabulated in a manner prescribed by the Secretary.
(c) Massport shall, on or before June 30, 1976, prepare and submit
to the Secretary draft legislation which, if enacted into law, would
alleviate local licensing problems of bus and limousine companies in
order to facilitate increased and improved bus and limousine service for
travelers using Logan Airport.
(d) Massport shall negotiate with the Massachusetts Bay
Transportation Authority to increase the convenience of the mass transit
services currently available to travelers to Logan Airport.
(e) Massport shall, on or before June 30, 1976, establish and
maintain a program (which shall include the enclosure of this
information in tickets or folders mailed by airlines using Logan
Airport) to publicize the advantages in costs and convenience of the use
of mass transit or other available transportation services by travelers
using the airport, and making known to such persons the schedules,
routes, connections, and other information necessary for them to
conveniently use mass transit and such other services.
(f) Massport shall, on or before October 15, 1975, establish a
carpool program at Logan Airport, which shall include the elements
specified in paragraphs (b)(7) (A) through (C) of Sec. 52.1161. For the
purpose of applying the requirements of Sec. 52.1161 to the present
paragraph:
(1) The definitions in Sec. 52.1161 shall apply;
[[Page 84]]
(2) Each employer with any employment facility at Logan Airport
shall cooperate with Massport in the development and implementation of
the program;
(3) Any such employer (including Massport) may fulfill its
obligations under paragraph (b)(7) of Sec. 52.1161 by fully cooperating
with and participating in the Logan Airport carpool program (including
bearing its proportional share of the program's cost); and
(g) Massport shall, on or before October 15, 1975, implement a
program of systematic dissemination to employers and employees at Logan
Airport of information regarding the Massachusetts Bay Transportation
Authority pass program, bus and train schedules and rates, park-and-ride
facilities, and other transportation programs and services available to
employees at Logan Airport.
(h) Massport shall, on or before January 1, 1976, implement and
maintain a program to allow all employees at Logan Airport, regardless
of the size of the particular employment facility at which they work, to
participate in any available pass program made available by the
Massachusetts Bay Transportation Authority, including the use of
Massport as a central clearinghouse for the purpose of aggregating
employees and for fiscal management of such pass program.
[40 FR 25169, June 12, 1975]
Sec. 52.1164 Localized high concentrations--carbon monoxide.
(a) Not later than October 1, 1975, the Commonwealth shall have
developed and have begun to implement a program to identify urban and
suburban core areas and roadway/intersection complexes within the Boston
Intrastate Region which violate the national ambient air quality
standards for carbon monoxide. Once such localized areas have been
identified, the Commonwealth, in cooperation with the affected local
municipalities, shall develop and implement appropriate control
strategies to insure that such air quality standards will be achieved at
such areas. Plans shall be developed to include provisions for the
entire municipality in order to insure that the implemented strategies
will not create carbon monoxide violations elsewhere in the vicinity
after the measures have been applied.
(b) To accomplish the requirements of paragraph (a) of this section,
the Commonwealth shall do the following:
(1) Identify areas of potentially high carbon monoxide
concentrations by reviewing all available traffic data, physical site
data and air quality and meteorological data for all major intersections
and roadway complexes within the Region. The Regional Administrator will
provide general guidance on area designations to assist in the initial
identification process.
(2) Areas identified under paragraph (b)(1) of this section shall be
studied in further detail, including meteorological modeling, traffic
flow monitoring, air quality monitoring and other measures necessary to
accurately quantify the extent and actual levels of carbon monoxide in
the area. A report containing the results of these analyses and
identifying such areas shall be submitted to the Regional Administrator
no later than March 1, 1976.
(3) If, after the completion of actions required by paragraph (b)(2)
of this section, an area shows or is predicted to have violations of the
carbon monoxide standard, the Commonwealth, in cooperation with the
affected municipality, shall submit a plan to the Regional Administrator
containing measures to regulate traffic and parking so as to reduce
carbon monoxide emissions to achieve air quality standards in the area.
Such plan shall include: the name of the agency responsible for
implementing the plan, all technical data and analyses supporting the
conclusions of the plan, all control strategies adopted as part of the
plan, and other such information relating to the proposed program as may
be required by the Regional Administrator. The Regional Administrator
shall provide general guidance on applicable control strategies and
reporting formats to assist in plan development and submittal. Such a
plan shall be submitted for each municipality which contains one or more
identified areas no later than October 1, 1975 for Waltham and October
1, 1976, for other areas.
(4) All measures called for in the plan submitted under paragraph
(b)(3) of
[[Page 85]]
this section shall be subject to the approval of the Regional
Administrator and shall be implemented by May 31, 1977.
(c) The Commonwealth shall annually review the effectiveness of the
control strategies developed pursuant to this section and modify them as
necessary to insure that such carbon monoxide standards will be attained
and maintained. The results of this review and any changes in the
measures which the Commonwealth recommends as a result thereof shall be
reported to the Regional Administrator annually as required under
Sec. 52.1160.
(d) Prior to submitting any plan to the Regional Administrator under
paragraph (b)(3), the Commonwealth shall give prominent public notice of
the general recommendations of such plan, shall make such plan available
to the public for at least 30 days and permit any affected public agency
or member of the public to comment in writing on such plan. The
Commonwealth shall give the Regional Administrator timely notice of any
public hearing to be held on such plan and shall make all comments
received available to the Regional Administrator for inspection and
copying.
[40 FR 25170, June 12, 1975]
Sec. 52.1165 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan does not include approvable procedures
for preventing the significant deterioration of air quality.
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 (b) through (v) are hereby
incorporated and made a part of the applicable State plan for the State
of Massachusetts.
[43 FR 26410, June 19, 1978]
Sec. 52.1166 [Reserved]
Sec. 52.1167 EPA-approved Massachusetts State regulations.
The following table identifies the State regulations which have been
submitted to and approved by EPA as revisions to the Massachusetts State
Implementation Plan. This table is for informational purposes only and
does not have any independent regulatory effect. To determine regulatory
requirements for a specific situation consult the plan identified in
Sec. 52.1120. To the extent that this table conflicts with Sec. 52.1120,
Sec. 52.1120 governs.
[[Page 86]]
Table 52.1167--EPA-Approved Rules and Regulations
[See Notes at end of Table]
----------------------------------------------------------------------------------------------------------------
Date Date Federal Comments/
State citation Title/subject submitted approved by Register 52.1120(c) unapproved
by State EPA citation sections
----------------------------------------------------------------------------------------------------------------
310 CMR 7.00........ Definitions........ 2/14/85 9/25/85 50 FR 38804 64 Motor vehicle
fuel.
2/21/86; 8/31/87 52 FR 32792 73 Two new
2/25/86; definitions and
6/23/86 one amended
definition.
Statutory 11/5/86; 11/19/87 52 FR 44395 74 Approving the
authority; legend; 12/10/86 addition of
preamble; definitions for
definitions. synthetic organic
chemical
manufacturing
facility,
component, in gas
service, light
liquid, in light
liquid service,
leak, leaking
component,
monitor, repair,
unit turnaround,
in VOC service,
quarterly, and
pressure relief
valve.
310 CMR 7.00........ Definitions........ 7/18/88 5/4/89 54 FR 19184 78 Includes bulk
plant and
terminal,
gasoline market.
310 CMR 7.00........ Definitions........ 1/30/91 10/8/92 57 FR 46312 96 Definitions of no-
build
alternative,
project area,
project roadway,
and tunnel
ventilation
system.
310 CMR 7.00........ Definitions........ 05/17/90, 12/14/92 57 FR 58996 97 Added ``motor
06/07/91 vehicle fuel,''
``motor vehicle
fuel dispensing
facility,''
``substantial
modification,''
and ``vapor
collection and
control system.''
310 CMR 7.00........ Definitions........ 8/17/89; 1/11/93 58 FR 3495 93 Approving the
6/7/91 following amended
or additional
definitions:
Application area,
asphalt,
automobile,
bottom filling,
bulk terminal,
coating line(s),
commissioner,
condensate,
continuous
compliance, crude
oil, department,
end sealing
compound,
exterior base
coat, extreme
environmental
conditions,
flashoff area,
freeboard height,
freeboard ratio,
halogenated
organic compound,
interior base
coat, interior
body spray, knife
coating, lease
custody transfer,
light duty truck,
manufacturing
plant,
miscellaneous
metal parts and
products,
overvarnish,
paper surface
coating,
penetrating prime
coat, petroleum
liquids, prime
coat, publication
rotogravure
printing, quench
area,
refrigerated
chiller, Reid
vapor pressure,
roll printing,
roll coating,
single coat,
solids, specialty
printing, splash
filling, standard
conditions,
submerged
filling, three
piece can side
seam spray,
topcoat, transfer
efficiency, two
piece can
exterior end
coating, vinyl
surface coating,
volatile organic
compound, waxy,
heavy pour crude
oil. The
definitions of
``coating
application
system'' and
``bulk plants and
terminals'' have
been deleted.
[[Page 87]]
310 CMR 7.00........ Definitions........ 8/27/82, 2/23/93 58 FR 10970 84 Approving the
6/22/87, definitions of
12/27/89 ``stationary
source'' and
``building,
structure,
facility, or
installation.''
310 CMR 7.00........ Definitions........ 6/7/91 6/30/93 58 FR 34911 58 Definitions: Bulk
plants, vapor
balance systems.
310 CMR 7.00........ Definitions........ 12/9/91 10/4/94 59 FR 50498 101 Definitions of
baseline roadway
conditions, high
occupancy
vehicle, high
occupancy vehicle
lane, peak hour,
performance
standard, and
roadway threshold
standard.
310 CMR 7.00........ Definitions........ 11/15/93 2/1/95 60 FR 6030 103 Approving
05/11/94 additional
definitions for.
310 CMR 7.00........ Definitions........ 7/30/93 10/15/96 61 FR 53632 111 Adding or amending
the following
definitions:
motor vehicle
parking space;
off-peak parking
spaces; remote
parking spaces;
and restricted
use parking.
310 CMR 7.00 Emissions Banking, 2/9/94 8/8/96 61 FR 41338 112 Replaces earlier
Appendix B (except Trading, and 3/29/95 emissions
310 CMR 7.00 Averaging. averaging rules
Appendix with emissions
B(3)(e)5.h). banking, trading,
and averaging.
310 CMR 7.00 and 2/14 and 9/25/85 50 FR 38806 64 Motor vehicle fuel
7.02(12)(c). 5/22/85 tank trucks.
310 CMR 7.02........ Plans and approval 4/27/72 10/28/72 37 FR 23085 2
and emission
limitations.
8/28/72 10/28/72 37 FR 23085 4 ..................
5/27/82 1/10/84 49 FR 1187 60 7.02(2)(b)(4) and
9/9/82 7.02(2)(5) for
new source
review.
12/3/85 11/25/86 51 FR 42564 69 Adds the word
1/31/86 ``major'' before
2/11/86 the word
``modification''
at 7.02(2)(b).
310 CMR 7.02........ Plans and approval ......... ........... ............ ........... ..................
and emission
limitation.
11/21/86 3/10/89 54 FR 10148 72 7.02(2)(b) 4, 5
1/15/87 and 6-new source
review.
310 CMR 7.02(11).... Emission 2/1/78 3/15/79 44 FR 15704 18 Adds an emission
limitations for limitation for
incinerators. sewage sludge
incinerators.
310 CMR 7.02(12).... U Organic Material. 8/17/89 1/11/93 58 FR 3495 93 310 CMR 7.02(12)
has been
recodified and
relocated in 310
CMR 7.24, ``U
Organic Material
Storage and
Distribution.''
All subsections
and references in
310 CMR 7.02(12)
have been
recodified
accordingly.
310CMR 7.02(12)..... U Restricted 6/6/94 4/5/95 60 FR 17229 105 This rule limits a
Emission Status. source's
potential to
emit, therefore
avoiding RACT,
title V operating
permits
310 CMR Organic material, 12/31/78 9/16/80 45 FR 61293 30 ..................
7.02(12)(a)(b). bulk plants and 5/16/79
terminals handling
organic material.
310 CMR Gasoline liquid 12/2/83 3/8/84 49 FR 8611 56 Approved for
7.02(12)(a)1e. storage in secondary seals
external floating or equivalent
roof tanks. weather roofs.
310 CMR 7.02(12)(b)2 Stage I vapor 5/20/77 5/25/78 43 FR 22356 15 Provisions for
recovery. Pioneer APCD
Stage I vapor
recovery.
12/31/78 9/16/80 45 FR 61293 30 ..................
5/16/79
3/25/83 7/7/83 48 FR 31200 55 Exempt Berkshire
APCD.
[[Page 88]]
310 CMR 7.02(12)(b)3 Stage I vapor 11/21/86 3/10/89 54 FR 10148 72 7.02(12)(b)3 is
recovery. 1/15/87 deleted.
310 CMR 7.02(12) (c) Gasoline Tank 2/14/85 9/25/85 50 FR 38804 64 Tank trucks.
and (d). Trucks. 5/22/85
310 CMR 7.02(12)(d). Test Methods 11/21/86 3/10/89 54 FR 10148 72 Requires EPA
applicable to 310 1/15/87 approved test
CMR 7.02(12). methods or EPA
approved
alternatives.
310 CMR 7.02(12)(e). Gasoline Volatility 7/18/88 5/4/89 54 FR 19184 78 Approves a
9/15/88 limitation on
4/12/89 volatility of
gasoline from
June 30 for Sept.
15, 1989, and May
1 to Sept. 15 in
subsequent years.
310 CMR 7.04(5)..... Fuel oil viscosity. 12/28/78 6/17/80 45 FR 40987 29 For Cambridge
Electric Light
Company's Kendal
Station, and
Blackstone
Station.
12/28/78 10/18/80 45 FR 48131 29 Correction notice.
310 CMR 7.05........ Sulfur-in-fuel..... 8/28/72 10/28/72 37 FR 23058 4 ..................
7/5/78 2/7/79 44 FR 7712 17 Approves the
burning of coal/
oil slurry at New
England Power
Company, Salem
Harbor Station,
MA.
310 CMR 7.05(1)(a).. Sulfur content of 4/14/77 3/24/78 43 FR 12324 13 Approves the
fuels and control burning of 1% for
thereof for all but: Crane
Berkshire APCD. and Company Inc.,
and Schweitzer
Division,
Kimberly Clark
Corporation,
Columbia Mill.
4/14/77 3/7/79 44 FR 12422 13 Approves the
8/11/78 burning of 2.2%
8/31/78 at Crane & Co.,
Inc., and
Schweitzer
Division,
Kimberly-Clark
Corp., Columbia
Mill.
11/8/82 4/28/83 48 FR 19172 54 Approves burning
of 2.2% at Esleek
Manufacturing
Company, Inc.,
provided the fuel
firing rate does
not exceed 137.5
gallons per hour.
310 CMR 7.05(1)(b).. Sulfur content of 6/25/76 2/15/77 42 FR 9176 10 Approves the
fuels and control burning of 2.2%
thereof for until 7/1/78 for
Central APCD. 100 mBtu sources
listed in
52.1126.
3/29/76 5/19/77 42 FR 25730 11 Approves burning
5/25/76 of 2.2% at James
River Associates,
Inc. and part of
Fitchburg Paper
Company, April
through October.
November through
March, they are
limited to
burning 1% sulfur-
in-fuel oil.
6/25/76 6/21/78 43 FR 26573 10 Extends expiration
8/22/77 date to 6/21/78.
3/2/79 7/16/79 44 FR 41180 24 Permanent
extension for
certain sources
to burn 2.2%
under specified
conditions.
Sulfur content of 9/28/79 6/17/80 45 FR 40987 24 Approves the
fuels and control burning of 2.2%
thereof for at Fitchburg
central APCD. Paper (55 Meter
stacks only) for
James River,
Massachusetts,
Inc., year round.
3/20/80 9/10/80 45 FR 59578 31 Approves the
temporary burning
of 2.2% at Seaman
Paper Co.,
Templeton.
3/2/79 9/17/81 46 FR 46133 33 Approves the
5/5/81 burning of 2.2%
at Millers Falls
Paper Co.
[[Page 89]]
310 CMR 7.05(1)(c).. Sulfur content of 6/4/76 12/30/76 41 FR 56804 8 Approves the
fuels and control burning of 2.2%
thereof for except at those
Merrimack Valley. sources listed in
52.1126.
1/28/76 7/12/77 42 FR 35830 8 Approves burning
12/30/76 of 1.4% at
Haverhill
Paperboard Corp.,
Haverhill, MA.
1/28/76
8/22/77 6/21/78 43 FR 26573 8 Extends expiration
12/30/76 date to 7/1/79.
12/28/78 5/21/79 44 FR 29453 20 Permanent
extension to burn
2.2%.
310 CMR 7.05(1)(d).. Sulfur content of 7/11/75 12/5/75 40 FR 56889 6 Approves burning
fuels and control 9/16/75 of 1% for large
thereof for electric
Metropolitan generating
Boston APCD. facilities in
certain cities
and towns and
2.2% for smaller
facilities.
Effective 7/1/75
to 7/1/77.
7/11/75 8/22/77 42 FR 42218 6 Extends expiration
4/1/77 date from 7/1/77
to 7/1/78 except
for Eastman
Gelatin Corp.,
which must burn
1%.
4/20/78 11/30/78 43 FR 56040 6 Extends expiration
date from 7/1/78
to 7/1/79.
Sulfur content of 12/28/78 5/21/79 44 FR 29453 20 Permanent
fuels and control extension to burn
thereof for 2.2%.
Metropolitan
Boston APCD.
4/25/80 1/27/81 46 FR 8476 34 Approves the
burning of 2.2%
at Natick
Paperboard Corp.
11/25/80 8/11/81 46 FR 40688 38 Approves the
increase to 2.2%
at Boston Edison
Mystic Generating
Station for 30
months from 8/11/
81 (expires 2/11/
84).
7/14/81 12/16/81 46 FR 61123 41 Approves burning
of 2.2% at
Haverhill Paper
Corp.
11/27/79 12/15/80 45 FR 82251 32 Allows the burning
of 2.2% at
Proctor and
Gamble.
9/24/81 12/15/81 46 FR 61118 43 Approves burning
of 2.2% at
Eastman Gelatin
Corp.
12/7/83 9/25/84 49 FR 37592 65 Approves burning
of 2.2% at Boston
Edison Mystic
Generating
Station until 3/
25/87.
310 CMR 7.05(1)(e).. Sulfur content of 7/22/77 2/1/77 42 FR 5957 9 Approves 2.2%
fuels and control except for
thereof for sources listed in
Pioneer Valley 52.1125.
APCDs.
7/22/76 ..................
8/22/77 6/21/78 43 FR 26573 9 Extends expiration
12/27/77 date to 7/1/79.
1/3/79 5/21/79 44 FR 29453 21 Permanent
extension to burn
2.2%
3/2/80 1/19/81 45 FR 4918 33 Approves the
burning of 2.2%
at all sources in
Franklin and
Hampshire
Counties rated at
less than 100
mBtu except
Esleek
Manufacturing
Co., and Millers
Falls Paper Co.
10/13/81 2/10/82 47 FR 6011 45 Approves the
burning of 2.2%
at Holyoke Gas
and Electric
Department,
Holyoke, MA.
7/18/84 2/15/90 55 FR 5449 77 Approves the
4/17/85 burning of 2.2%
3/16/87 and imposes fuel
11/25/87 use limits at
American Fiber
and Finishing
Co., Erving Paper
Co., and
Westfield River
Paper Co.
310 CMR 7.05(1)(f).. Sulfur content of 12/30/76 9/2/77 42 FR 44235 12 Approves burning
fuels and control of 2.2% for
thereof for sources listed in
Southeastern APCD. 52.1126, all
others must
continue to burn
1%.
12/30/76 9/8/78 43 FR 40010 12 Extends expiration
1/31/78 date from 5/1/78
to 7/1/79.
1/31/79 5/21/79 44 FR 29453 22 Permanent
extension to burn
2.2%.
310 CMR 7.05(4)..... Ash content of 1/3/79 5/21/79 44 FR 29453 21 ..................
fuels for Pioneer
Valley for APCD.
[[Page 90]]
Ash content of 7/20/79 5/21/79 44 FR 29453 23 ..................
fuels for
Metropolitan
Boston APCD.
Ash content of 12/3/85 11/25/86 51 FR 42564 69 Includes Berkshire
fuels. 1/31/86 Air Pollution
2/11/86 Control District
to 7.05(4)(b)(2)
so facilities in
that district can
apply to burn
fossil fuel with
an ash content in
excess of 9 pct
bydry weight.
310 CMR 7.06........ Visible emissions.. 8/28/72 10/28/72 37 FR 23085 4 ..................
7/5/78 2/7/79 44 FR 7712 17 Approves New
England Power
Company, Salem
Harbor Station to
burn a coal oil
slurry.
12/28/79 8/12/80 45 FR 53476 17 Extension of
temporary
revision to allow
exceedance of 20%
capacity limit at
New England Power
Company's Salem
Harbor Station,
Salem, MA Unit 1
so can burn 30%
coal/70% oil
mixture until 12/
31/80.
310 CMR 7.07........ Open burning....... 12/9/77 9/29/78 43 FR 44841 16 Two revisions with
conditions to
permit open
burning of brush
cane, driftwood
and forest debris
for 2 months of
the year.
Open burning....... 9/28/79 6/17/80 45 FR 40987 27 Approves open
burning (as in
(c) 16) from 1/15
to 5/1 in certain
areas of the
State.
310 CMR 7.08........ Incinerators....... 8/28/72 10/28/72 37 FR 23085 4 ..................
310 CMR 7.09........ Dust and odor...... 8/28/72 10/28/72 37 FR 23085 4 ..................
12/9/77 9/29/78 43 FR 44841 16 Adds a requirement
that mechanized
street sweeping
equipment must be
equipped and
operated with a
suitable dust
collector or
suppression
system.
310 CMR 7.12........ Inspection 6/28/90; 3/21/96 61 FR 11560 106 The 6/28/90 and 9/
Certificate Record 9/30/92; 30/92 submittals
Keeping and 7/15/94 deal with the
Reporting. permitting
process. The 7/15/
94 submittal
develops 7.12 to
comply with
emission
statement
requirements.
310 CMR 7.14(2)..... Continuous 11/21/86 3/10/89 54 FR 10148 72 References 40 CFR
Emissions 1/15/85 part 51, Appendix
Monitoring. P.
310 CMR 7.14(3)..... Continuous 11/21/86 3/10/89 54 FR 10148 72 Establishes
Emissions 1/15/87 compliance date
Monitoring. for meeting the
requirements of
7.14(2).
310 CMR 7.15........ Asbestos 8/28/72 10/28/72 37 FR 23085 4 ..................
application.
310 CMR 7.16........ Reduction to single 5/20/77 5/25/78 43 FR 22356 15 For Pioneer Valley
passenger commuter APCD.
vehicle use.
12/31/78 9/16/80 45 FR 61293 Reduction of
5/16/79 single occupant
commuter
vehicles.
310 CMR 7.17........ Coal conversion.... 9/7/78 5/14/79 44 FR 27991 19 Brayton Point
Station, New
England Power
Company.
1/22/82 6/9/82 47 FR 25007 49 Mount Tom Plant,
Holyoke, MA
Holyoke Water
Power Company.
310 CMR 7.18(1)..... U Applicability and 8/17/89 1/11/93 58 FR 3495 93 Approval of 310
Handling CMR CMR 7.18(1),
Requirements. (a), (c), (d) and
(e).
[[Page 91]]
310 CMR 7.18(2)..... U Compliance with 8/27/82; 1/11/93 58 FR 3495 93 Approval of 310
Emission 8/17/89; CMR 7.18(2),
Limitations. 6/7/91 (2)(a), (2)(b),
(2)(c) and
(2)(e).
310 CMR 7.18(2)(b).. Generic VOC bubble 3/6/81 3/29/82 47 FR 13143 42 Includes surface
for surface 11/12/81 coating of metal
coaters. cans, large
appliances,
magnet wire
insulation,
automobiles,
paper fabric and
vinyl.
Generic VOC bubble 6/24/80 7/12/82 47 FR 30060 47 Adds metal coils.
for surface
coaters.
Generic VOC bubble 3/29/95 8/8/96 61 FR 41338 112 Replaces earlier
for surface emissions
coaters. averaging rules
for surface
coaters.
7/21/81 6/2/82 47 FR 23927 48 Adds miscellaneous
3/10/81 metal parts and
products and
graphic arts-
rotogravure and
flexography.
9/9/82 2/3/83 48 FR 5014 53 Adds metal
furniture.
310 CMR 7.18 (2)(e). Compliance with ......... 3/6/89 54 FR 9213 ........... Testing
emission requirements for
limitations. plan approvals
issued under 310
CMR 7.18(17).
310 CMR 7.18(3)..... Metal furniture 12/31/78 9/16/80 45 FR 61293 30 ..................
surface coating. 5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(3)..... U Metal Furniture 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Surface Coating. 6/7/91 CMR 7.18(3).
310 CMR 7.18(4)..... Metal can surface 12/31/78 9/16/80 45 FR 61293 30
coating. 5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(4)..... U Metal Can Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(4).
310 CMR 7.18(5)..... Large appliances 12/31/78 9/16/80 45 FR 61293 30 ..................
surface coating. 5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(5)..... U Large Appliance 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Surface Coating. 6/7/91 CMR 7.18(5).
310 CMR 7.18(6)..... Magnet wire 12/31/78 9/16/80 45 FR 61293 30 ..................
insulation surface 5/16/79
coating.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(6)..... U Magnet Wire 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Insulation Surface 6/7/91 CMR 7.18(6).
Coating.
310 CMR 7.18(7)..... Automobile surface 12/31/78 9/16/80 45 FR 61293 30 ..................
coating. 5/16/79
9/9/82 11/9/83 45 FR 51480 53 Adds test methods.
310 CMR 7.18(7)..... Automobile Surface 8/17/89, 10/8/92 57 FR 46316 92
Coating. 6/7/91
310 CMR 7.18(8)..... Solvent metal 12/31/78 9/16/80 45 FR 61293 30 Conditional
degreasing. 5/16/79 approval
requiring
controls for
small solvent
metal degreasers.
8/13/83 11/9/83 48 FR 51480 53 Approves public
education program
for small
degreasers and
removes
conditional
approval.
310 CMR 7.18(8)..... U Solvent Metal 8/17/89 1/11/93 58 FR 3495 93 Approval of 310
Degreasing. CMR 7.18(8),
(8)(d), (8)(d)1.,
(8)(e), (8)(f)
and (8)(g).
[[Page 92]]
310 CMR 7.18(8)..... U Solvent Metal 6/7/91 6/30/93 58 FR 34911 58 Approval of 310
Degreasing. CMR 7.18 (8),
(8)(a), (8)(a)1.,
(8)(a)2.,
(8)(a)3.,
(8)(a)4.,
(8)(a)5.,
(8)(a)6., (8)(b),
(8)(b)1.,
(8)(b)2.,
(8)(b)3.,
(8)(b)4.,
(8)(b)5.,
(8)(b)6.,
(8)(b)7.,
(8)(b)8.,
(8)(b)9.,
(8)(b)10.,
(8)(b)11.,
(8)(b)12.,
(8)(b)13.,
(8)(c), (8)(c)1.,
(8)(c)2.,
(8)(c)3.,
(8)(c)4.,
(8)(c)5.,
(8)(c)6.,
(8)(c)7.,
(8)(c)8.,
(8)(c)9.,
(8)(d)2.,
(8)(d)3.
310 CMR 7.18(9)..... Cutback asphalt.... 12/31/78 9/16/80 45 FR 61293 30 ..................
5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds an exemption.
310 CMR 7.18(9)..... U Cutback Asphalt.. 8/17/89 1/11/93 58 FR 3495 93 Replacement of 310
CMR 7.18(9).
310 CMR 7.18(10).... Surface coating of 6/24/80 7/12/82 47 FR 30060 47 Approves and adds
metal coils. to 310 CMR
7.18(2)(b).
9/9/82 11/9/83 48 FR 51480 53 Adds test methods
and removes
extended
compliance
schedule.
310 CMR 7.18(10).... U Metal Coil 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(10).
310 CMR 7.18(11).... Surface coating of 7/21/81 6/2/82 47 FR 23927 48 Adds to 310 CMR
miscellaneous 3/10/82 7.18(2)(b).
metal parts and
products.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(11).... U Surface Coating 8/17/89 1/11/93 58 FR 3495 93 Approval of 310
of Miscellaneous CMR 7.18(11),
Metal Parts and (11)(b), (11)(c),
Products. (11)(d) and
(11)(e).
310 CMR 7.18(11).... U Surface Coating 6/7/91 6/30/93 58 FR 34911 58 Approval of 310
of Miscellaneous CMR 7.18 (11),
Metal Parts and (11)(a),
Products. (11)(a)1.,
(11)(a)2.,
(11)(a)3.
310 CMR 7.18(12).... Graphic arts- 7/21/81 6/2/82 47 FR 23927 48 Adds to 310 CMR
rotogravure and 3/10/82 7.18(2)(b).
flexography.
9/9/82 11/9/83 48 FR 51480 53 ..................
310 CMR 7.18(12).... U Graphic Arts..... 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
6/7/91 CMR 7.18(12).
310 CMR 7.18(13).... Perchloroethylene 7/21/81 6/2/82 47 FR 23927 48 ..................
dry cleaning 3/10/82
systems.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(13).... U Dry Cleaning 8/17/89 1/11/93 58 FR 3495 93 Approval of 310
Systems-Percholor- CMR 7.18(13),
ethylene. (13)(c), (13)(d)
and (13)(e). 310
CMR 7.18(13)(a)
8. has been
deleted.
310 CMR 7.18(14).... Paper surface 3/6/81 3/8/82 47 FR 9836 40 ..................
coating.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(14).... U Paper Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(14).
310 CMR 7.18(15).... Fabric surface 3/6/81 3/8/82 47 FR 9836 40 ..................
coating.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(15).... U Fabric Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(15).
310 CMR 7.18(16).... Vinyl surface 3/6/81 3/8/82 47 FR 9836 40 ..................
coating.
[[Page 93]]
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(16).... U Vinyl Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(16).
310 CMR 7.18(17).... RACT............... 9/9/82 11/9/83 48 FR 51480 53 All 100 ton per
year sources not
covered by a CTG.
RACT............... ......... 3/6/89 54 FR 9213 ........... Enforceability of
plan approvals
issued under 310
CMR 7.18(17).
6/20/89 11/3/89 54 FR 46388 81 RACT for Cranston
Print Works
Company dated
June 20, 1989.
7/12/89 11/8/89 54 FR 46895 80 RACT for Spalding
Corporation Plan
Approval dated
October 7, 1985
and amended Plan
Approval dated
July 12, 1989.
8/8/89 11/8/89 54 FR 46897 82 RACT for Duro
Textile Printers
(SM-85-168-IF).
6/20/89 2/21/90 55 FR 5990 79 RACT Compliance
Plan Conditional
Approval for
Monsanto Chemical
Company in Indian
Orchard dated 6/
20/89.
11/17/89 8/3/90 55 FR 31590 85 RACT for Boston
Whaler in
Norwell. Amended
Plan Approval
4P89005 dated
October 19, 1989
and Plan Approval
4P89005
Correction dated
Nov. 17, 1989.
11/17/89 8/3/90 55 FR 31593 86 RACT for Boston
Whaler in
Rockland. Amended
Plan Approval
(4P89006) dated
October 19, 1989
and Plan Approval
4P89006
Correction dated
November 17,
1989.
Non-CTG RACT 11/2/89 11/27/90 55 FR 34915 87 RACT for Philips
determination. Lighting Company
in Lynn, MA,
dated November 2,
1989.
RACT............... 7/9/90 2/19/91 56 FR 6569 89 RACT for General
Motors
Corporation in
Framingham.
Amended Plan
Approval dated
June 8, 1990.
RACT............... 6/13/90 2/27/91 56 FR 8132 88 RACT for Acushnet
Company, Titleist
Golf Division,
Plant A in New
Bedford. Amended
Plan Approval
dated June 1,
1990.
RACT............... 10/16/90 3/20/91 56 FR 11677 90 RACT for Erving
Paper Mills.
RACT............... 4/22/90 10/8/91 56 FR 50660 91 RACT amendment for
Erving.
310 CMR 7.18(17).... RACT............... 5/13/91 12/14/92 57 FR 58993 95 RACT for Dartmouth
Finishing
Corporation.
310 CMR 7.18(17).... U Reasonable 8/17/89; 1/11/93 58 FR 3495 93 Approval of 310
Available Control 6/7/91 CMR 7.18(17),
Technology. (17)(a), (17)(b),
(17)(c), (17)(d),
(17)(e) and
(17)(f).
310 CMR 7.18(17).... RACT............... 5/22/92 7/28/94 59 FR 38374 (99) RACT Approval for
S. Bent & Bros.
310 CMR 7.18(17).... RACT............... 7/19/93 1/6/95 60 FR 2017 100 RACT Approval for
1993 Nichols & Stone
Co.
310 CMR 7.18(17).... Reasonably 3/31/94 3/6/95 60 FR 12125 104 RACT for Brittany
Available Control Dyeing and
Technology. Finishing of New
Bedford, MA.
310 CMR 7.18(18).... Polystyrene Resin 2/21/86; 8/31/87 52 FR 32792 73 Regulation
Manufacture. 2/25/86; pursuant to Group
6/23/86 III CTG,
``Control of VOC
Emissions from
the Manufacture
of Polystyrene
Resins''.
310 CMR 7.18(18).... U Polystyrene Resin 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Manufacturing 6/7/91 CMR 7.18(18).
Technology.
310 CMR 7.18(19).... Synthetic organic 11/5/86; 11/19/87 52 FR 44395 74
chemical 12/10/86
manufacture.
[[Page 94]]
310 CMR 7.18(28).... Automotive 01/09/95 2/14/96 61 FR 5699 109 Reasonably
Refinishing. Available Control
Technology
Requirement
(RACT) for
automotive
refinishing.
310 CMR 7.19........ Interim sulfur-in- 9/12/80 3/19/81 46 FR 17551 37 Energy/environment
fuel limitations initiative.
for fossil fuel
utilization
facilities pending
conversion to an
alternate fuel or
implementation of
permanent energy
conservation
measures.
12/29/81 4/13/82 47 FR 15790 46 ATF Davidson
Company,
Northbridge, MA
temporary sulfur-
in-fuel revision
until 12/1/83.
9/28/82 12/1/82 47 FR 54072 52 Polaroid Corp.,
Waltham, MA
temporary sulfur/
in/fuel
relaxation until
6/1/85.
6/2/83 48 FR 24689 52 Correction notice.
9/29/82 11/23/82 47 FR 52704 51 Northeast
Petroleum Corp.,
Chelsea, MA
sulfur content
increase from
0.28 to 0.55 lbs/
mBtu heat release
potential
permanently.
4/4/83 3/23/84 49 FR 11092 59 Stanley Woolen
Co., Uxbridge, to
burn 2.2% until 9/
23/86.
10/31/83 3/23/84 49 FR 11091 61 Reed and Barton
Silversmiths,
Taunton, to burn
2.2% until 9/23/
86.
11/16/83 7/30/84 49 FR 30306 62 ATF Davidson
Company,
Northbridge, to
burn 2.2%
permanently.
2/2/84 6/15/84 49 FR 24723 63 American Biltrite
Corporation,
Chelsea, to burn
1.0% until 12/15/
86.
7/11/84 9/25/84 49 FR 37591 67 James River
Corporation, Hyde
Park Mill, Boston
to burn 2.2%
until 3/25/87.
2/8/85, 4/1/86 51 FR 11021 68 Phillips Academy,
10/23/85 Andover, MA to
burn 2.2% until
September 1,
1988.
Interim sulfur-in- 2/19/86 8/12/86 51 FR 28814 70 Mary Ellen
fuel limitations McCormick and
for fossil fuel Malverick Family
utilities pending Development
conversion to an facilities in the
alternative fuel Boston Housing
or implementation Authority, Boston
of permanent to burn 2.2%
energy until February
conservation 12, 1989.
measures.
5/12/86 11/25/86 51 FR 42565 71 Mission Hill
Extension Family
Development
facility, in the
Boston Housing
Authority,
Boston, MA to
burn 2.2% until
May 25, 1989.
310 CMR 7.19 (2)(d). Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds credit
bubbling and creation option
trading for RACT for NOX RACT
sources. sources.
310 CMR 7.19 (2)(g). Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds credit use
bubbling and option for NOX
trading for RACT RACT sources.
sources.
310 CMR 7.19 (14)... Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds
bubbling for RACT quantification,
sources. testing,
monitoring,
record keeping,
reporting, and
emission control
plan requirements
for averaging NOX
RACT sources.
310 CMR 7.20........ U Motor Vehicle 6/7/91 6/30/93 58 FR 34911 58 Approval of 310
Inspection and CMR 7.20(10)(c)2.
Maintenance to correct a
Emission Analyzer typographical
Approval Process error.
and Inspection
Requirements and
Procedures.
[[Page 95]]
310 CMR 7.24(5)(b)2. Revision to 10/16/89 4/19/90 55 FR 14832 83
gasoline
volatility testing
regulation.
310 CMR 7.24........ U Organic Material 6/7/91, 6/30/93 58 FR 34911 58 Replacement of 310
Storage and 11/13/92, CMR 7.24,
Distribution. 2/17/93 7.24(1), 7.24(2),
7.24(3), and
7.24(4).
310 CMR 7.24(6)..... ``Dispensing of 05/17/90, 12/14/92 57 FR 58996 97
Motor Vehicle 06/07/91
Fuel'' (Stage II).
310 CMR 7.24(6)..... Dispensing of motor 2/17/93 9/15/93 58 FR 48318 98 Previous version
vehicle fuel. of rule approved
as strengthening
the Massachusetts
SIP.
Revised rule being
approved as
meeting the Clean
Air Act
requirements.
310 CMR 7.25........ Best available 11/18/94 12/19/95 60 FR 65242 108 Includes
controls for architectural &
consumer and industrial
commercial maintenance
products. coatings.
310 CMR 7.30........ Massport/Logan 8/04/89, 3/16/93 58 FR 14157 94 Applies to the
Airport Parking 12/6/89, parking of motor
Freeze. 3/23/90 vehicles on
Massport
property.
310 CMR 7.31........ City of Boston/East 8/04/89, 3/16/93 58 FR 14157 94 Applies to the
Boston Parking 12/6/89, parking of motor
Freeze. 3/23/90 vehicles within
the area of East
Boston.
310 CMR 7.33........ City of Boston/ 7/30/93 10/15/96 61 FR 53633 111 Applies to the
South Boston parking of motor
Parking Freeze. vehicles within
the area of South
Boston, including
Massport property
in South Boston.
310 CMR 7.36........ Transit system 12/9/91 10/4/94 59 FR 50498 101 Transit system
improvements improvement
regulations. regulation for
Boston
metropolitan
area.
310 CMR 7.37........ High occupancy 12/9/91 10/4/94 59 FR 50498 101 High occupancy
vehicle lanes vehicle lanes
regulation. regulation for
Boston
metropolitan
area.
310 CMR 7.38........ Tunnel vent 1/30/91 10/8/92 57 FR 46312 96 Tunnel ventilation
certification certification
regulation. regulation for
Boston
metropolitan
area.
310 CMR 7.40........ Low emission 11/15/93 2/1/95 60 FR 6030 103 Substitute for
vehicle. 05/11/94 CFFP.
310 CMR 7.50........ Variances, 9/14/74 10/8/76 41 FR 44395 7
regulations for
control of air
pollution in the
six MA APCDs.
9/14/74 2/4/77 42 FR 6812 7 Correction.
310 CMR 7.51........ Hearings relative 8/28/72 10/28/72 37 FR 23085 4
to orders and
approvals.
310 CMR 7.52........ Enforcement 8/28/72 10/28/72 37 FR 23085 4
provisions.
310 CMR 8........... Regulations for the 2/22/72 10/28/72 37 FR 23085 1
prevention and/or
abatement of air
pollution episode
and air pollution
incident
emergencies.
12/30/76 9/2/77 42 FR 44235 12 Changes
significant harm
and alert levels.
----------------------------------------------------------------------------------------------------------------
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have
been part of the Federal SIP before this date.
2. The regulations are effective statewide unless stated otherwise in comments or title section.
[49 FR 49454, Dec. 20, 1984]
Editorial Note: For Federal Register citations affecting Sec. 52.1167, see the List of CFR Sections
Affected in the Finding Aids section of this volume.
[[Page 96]]
Sec. 52.1168 Certification of no sources.
The Commonwealth of Massachusetts has certified to the satisfaction
of EPA that no sources are located in the Commonwealth which are covered
by the following Control Techniques Guidelines:
(a) Large Petroleum Dry Cleaners.
(b) Natural Gas/Gasoline Processing Plants.
(c) Air Oxidation Processes/SOCMI.
(d) Polypropylene/Polyethylene Manufacturing.
[52 FR 32792, Aug. 31, 1987]
Sec. 52.1168a Part D--Disapproval of Rules and Regulations.
On December 30, 1985, the Massachusetts Department of Environmental
Quality Engineering (DEQE) submitted a revision to the Massachusetts
State Implementation Plan (SIP) for the automobile surface coating
regulation. This revision requested an extension of the final compliance
dates to implement reasonably available control technology (RACT) on
topcoat and final repair applications. As a result of EPA's disapproval
of this revision, the existing compliance date of December 31, 1985
specified in the automobile surface coating regulation contained in the
Massachusetts SIP will remain in effect (Massachusetts Regulation 310
CMR 7.18(7) as approved by EPA and codified at 40 CFR 52.1120(c)(30) and
(53)).
[53 FR 36014, Sept. 16, 1988]
Sec. 52.1169 Stack height review.
The Commonwealth of Massachusetts has declared to the satisfaction
of EPA that no existing emission limitations have been affected by stack
height credits greater than good engineering practice or any other
prohibited dispersion technique as defined in EPA's stack height
regulations, as revised on July 8, 1985. This declaration was submitted
to EPA on April 8, 1986. The commonwealth has further declared in a
letter from Bruce K. Maillet, dated June 24, 1986, that, ``[A]s part of
our new source review activities under the Massachusetts SIP and our
delegated PSD authority, the Department of Environmental Quality
Engineering will follow EPA's stack height regulations, as revised in
the Federal Register on July 8, 1985 (50 FR 27892).'' Thus, the
Commonwealth has satisfactorily demonstrated that its regulations meet
40 CFR 51.118 and 51.164.
[52 FR 49407, Dec. 31, 1987]
Subpart X--Michigan
Sec. 52.1170 Identification of plan.
(a) Title of plan: ``Implementation Plan for the Control of
Suspended Particulates Sulfur Oxides, Carbon Monoxide, Hydrocarbons,
Nitrogen Oxides, and Photochemical Oxidants in the State of Michigan.''
(b) The plan was officially submitted on February 3, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Re-evaluation of control strategies for Berrien and Ingham
Counties were submitted on March 3, 1972, by the State Air Pollution
Office.
(2) Amendments to the Michigan air pollution rules for the control
of SO2 emissions (Part 3) and the prevention of air pollution
episodes (Part 6) submitted by the Governor on March 30, 1972.
(3) An amendment to the Grand Rapids air pollution ordinance
(section 9.35 and section 9.36) was submitted on May 4, 1972, by the
Grand Rapids Department of Environmental Protection.
(4) Reasons and justifications concerning general requirements of
control strategy for nitrogen dioxide, compliance schedules, and review
of new sources and modifications submitted on July 12, 1972, by the
Governor.
(5) A letter from the State Department of Public Health submitted on
July 24, 1972, described how emissions data would be made available to
the public.
(6) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on February 16, 1973.
(7) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on May 4, 1973.
(8) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on September 19, 1973.
[[Page 97]]
(9) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on October 23, 1973.
(10) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on December 13, 1973.
(11) Air Quality Maintenance Area identifications were submitted on
June 27, 1974, by the State of Michigan Department of Natural Resources.
(12) Air Quality Maintenance Area identifications were submitted on
October 18, 1974, by the State of Michigan Department of Natural
Resources.
(13) Provisions to disapprove an installation permit if the
applicant source would interfere with the attainment or maintenance of
national air quality standards were submitted by the Governor on January
25, 1974.
(14) Order extending the final compliance dates for meeting the
sulfur dioxide emission limitation was submitted by the Michigan
Department of Natural Resources for the Karn, Weadock and Cobb Plant
Units of the Consumers Power Co.
(15) Order extending compliance date for meeting the sulfur dioxide
emission limitation was submitted by the State of Michigan Department of
Natural Resources for the Detroit Edison Company, Monroe County Plant on
December 12, 1977.
(16) On April 25, 1979, the State submitted its nonattainment area
plan for areas designated nonattainment as of March 3, 1978 and as
revised on October 5, 1978. This submittal contained Michigan's Part D
attainment plans for particulate matter, carbon monoxide, sulfur
dioxide, transportation and new source review, plus a copy of Michigan's
existing and proposed regulations. USEPA is not taking action at this
time to include in the federally approved SIP certain portions of the
submittal: Provisions in R 336.1310 concerning open burning; 336.1331,
insofar as it may pertain to process sources in the iron and steel
category and site specific revisions; 1349, 1350, 1351, 1352, 1353,
1354, 1355, 1356 and 1357 as they pertain to specific iron and steel
source operations; Part 5, Extension of Sulfur Dioxide Compliance Date
for Power Plants Past January 1, 1980; Part 7, Emission Limitations and
Prohibitions--New Sources of Volatile Organic Compound Emissions;
R336.1701-1710 controlling minor sources of volatile organic compounds;
Part 11, Continuous Emission Monitoring; Part 13, Air Pollution
Episodes; Part 16, Organization and Procedures; and Part 17, Hearings.
(17) On October 12, 1979, the State submitted comments and
commitments in response to USEPA's notice of proposed rulemaking.
(18) On January 9, 1980, the State submitted a copy of the finally
adopted rules of the Commission. These rules became fully effective on
January 18, 1980. These finally adopted rules are identical to the rules
submitted on April 25, 1979, as part of Michigan's Part D nonattainment
area plan except for a modification in the numbering system. Paragraph
(c)(16) of this subpart identifies those rules on which USEPA has not
taken action.
(19) On February 6, 1980, the State submitted the visible emission
test method for stationary sources referenced in Rule 336.1303 as being
on file with the Michigan Air Pollution Control Commission. On March 7,
1980, the State submitted clarifications to the visible emissions test
method.
(20) On March 31, 1980, the State submitted revisions to the
conditional approval schedules for total suspended particulates.
(21) On July 25, 1979, the State submitted the official ozone
attainment plan as part of the State Implementation Plan.
(22) On October 26, 1979, the State submitted comments and revisions
to the transportation plans and vehicle inspection/maintenance portions
of the State Implementation Plan for ozone in response to USEPA's notice
of proposed rulemaking (45 FR 47350).
(23) On November 8, 1979, the State submitted revisions to the ozone
attainment plan.
(24) On December 26, 1979, the State submitted comments and
additional information from the lead local agencies on the
transportation control plans for the Flint, Lansing, Grand Rapids and
Detroit urban areas.
(25) On May 12, 1980, the State submitted corrections and comments
in
[[Page 98]]
response to USEPA's notice of proposed rulemaking (45 FR 25087).
(26) On March 20, 1980, the State submitted commitments and
additional revisions to the Inspection/Maintenance program for the
Detroit urban area.
(27) On February 23, 1979, compliance schedules were submitted by
the State of Michigan, Department of Natural Resources to USEPA for the
Detroit Edison, St. Clair Power Plant. Additional material concerning
the Final Order issued to the Detroit Edison, St. Clair Power Plant was
submitted on June 17, 1979 and August 14, 1979.
(28) On August 22, 1979, the State of Michigan submitted to USEPA an
Administrative Order, for the Lansing Board of Water and Light (Order
No. 4-1979, adopted May 23, 1979). In letters dated February 13, 1980
and April 1, 1980, the State of Michigan withdrew certain paragraphs
(sections A, B, C1, D, E, F, and G) of the Order from consideration by
USEPA.
(29) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources to USEPA on October 26, 1979, for the
Dundee Cement Company, Monroe County (Michigan Final Order, APC No. 08-
1979, adopted October 17, 1979).
(30) On July 26, 1979, the State of Michigan submitted to USEPA a
revision to Rule 336.49 for the Consumers Power Company's J. H. Campbell
Plant. The revision is a Final Order (No. 05-1979) extending the
compliance date until January 1, 1985 for the Campbell Plant to meet the
sulfur dioxide emission limitations in Rule 336.49. On February 14,
1980, the State of Michigan submitted to USEPA an amendment to Order No.
05-1979.
(31) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources to USEPA on November 13, 1979, for the
S. D. Warren Company, Muskegon County (Michigan Final Order, No. 09-
1979, adopted October 31, 1979).
(32) On December 19, 1979, the State of Michigan submitted a
revision to provide for modification of the existing air quality
surveillance network.
(33) On December 10, 1979, the State of Michigan submitted to USEPA
a Final Order (APC No. 6-1979) issued by the Michigan Air Pollution
Control Commission to the Consumers Power Company B.C. Cobb Plant. The
Order requires the source to utilize 2.5% sulfur on an annual basis
until January 1, 1985 when the company must meet the sulfur dioxide
(SO2) emission limitation in Michigan Rule 336.1401.
(34) On January 8, 1980, the State of Michigan submitted to USEPA a
Final Order (APC No. 14-1979) requested of the Michigan Air Pollution
Control Commission (MAPCC) by the Union Camp Corporation in Monroe
County, Michigan. The Order permitted the Union Camp Corporation to burn
2.7% sulfur fuel on an annual average and 4.0% sulfur fuel on a daily
average between January 1, 1980 and July 1, 1980. Beginning July 1, 1980
until July 1, 1982 the Company is permitted to burn 2.5% sulfur fuel on
an annual average and 4.0% sulfur fuel daily average. Beginning July 1,
1982 until January 1, 1985, the Company is allowed to burn 2.2% sulfur
fuel annual average and 3.5% sulfur fuel daily average. After January 1,
1985; the Company has agreed to comply with the SO2 emission
limitations of 1.5% sulfur fuel required in Michigan Rule 336.1401.
(35) On August 4, 1980 and August 8, 1980, the State of Michigan
submitted to EPA additional information on the transportation control
plan for the Niles, Michigan urbanized area.
(36) On January 10, 1980, the State of Michigan submitted to USEPA a
Final Order (APC No. 16-1979) issued by the Michigan Air Pollution
Control Commission to the Northern Michigan Electric Cooperative Advance
Steam Plant. The Order allows the source to continue burning 2.0% sulfur
coal (maximum daily average) until January 1, 1985 when the Company must
meet the sulfur dioxide (S02) emission limitations in Michigan Rule
336.1401.
(37) On November 26, 1980, the State submitted a schedule to correct
plan deficiencies cited by USEPA in its September 9, 1980 notice of
proposed rulemaking on a portion of Michigan's Part D TSP control
strategy pertaining to iron and steel sources. On April 1, 1981, the
State submitted a revised schedule. USEPA has not taken action on the
schedule submitted by the State.
[[Page 99]]
(38) On April 10, 1981 the Governor of Michigan committed to
annually administer and submit the questionnaire developed for the
purposes of section 128.
(39) On July 28, 1980, the State of Michigan submitted to EPA, as
revisions to the Michigan SIP, amendments to Rules 283 and 610 of the
Michigan Air Pollution Control Commission.
(40) Revised compliance schedules were submitted by the State of
Michigan, Department of Natural Resources (MDNR) to EPA on January 14,
1981, for the Dundee Cement Company, Monroe County (Michigan Final
Order, APC No. 16--1980, adopted November 19, 1980). The revised Order
provides an earlier final compliance date of December 31, 1980 for
reducing the particulate matter emissions to 0.20 pounds per 1,000
pounds of exhaust gases and December 31, 1981 for visible emission
reductions from the Company's cement kilns.
(41) On April 25, 1979, the State submitted materials which satisfy
the intergovernmental consultation process.
(42) On July 28, 1980, the State submitted an amendment to Michigan
Air Pollution Control Commission Rule 221 which exempts minor sources of
particulate matter and sulfur dioxide from the offset requirements.
(43) On August 25, 1981, the State of Michigan, Department of
Natural Resources (MDNR), submitted to EPA Consent Order No. 16-1981 for
the Marathon Oil Company in Muskegon County. Consent Order No. 16-1981
satisfies USEPA's conditional approval of R336.1603 by providing
detailed compliance schedules containing the increments of progress
required by 40 CFR 51.15.
(44) On September 1, 1981, the State of Michigan, Department of
Natural Resources (MDNR) submitted to USEPA a revision to its R336.1220
requiring offsets in ozone nonattainment areas to exempt the same
compounds listed in EPA's Federal Register of July 22, 1980 (45 FR
48941). The revised R336.1220 also allows offsets of emissions for new
sources in any of the seven counties in the southeastern Michigan ozone
nonattainment area to be obtained from any of those counties, not just
the county in which the new source is locating (Wayne, Oakland, Macomb,
St. Clair, Washtenaw, Livingston, and Monroe).
(45) On May 24, 1980, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 10-1979 for the Buick
Motor Division Complex (BMDC) of the Buick Motors Division, General
Motors Corporation. The BMDC is located in the City of Flint, Genesee
County, a primary nonattainment area. On December 2, 1980, supplementary
information was submitted by MDNR. The Consent Order contains
enforceable emission limitations and control measures for the attainment
of the primary TSP standards in Genesee County by December 31, 1982.
(46) On July 17, 1980, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 01-1980 for the Grey
Iron Casting Plant and the Nodular Iron Casting Plant, of the Chevrolet
Motor Division, General Motors Corporation. The two plants are located
in Saginaw County, a primary nonattainment area. On September 5, 1980
and February 6, 1981, supplementary information was submitted by MDNR.
The Consent Order contains enforceable emission limitations and control
measures for the attainment of the primary TSP standards in Saginaw
County by December 31, 1982.
(47) On March 4, 1981, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 12-1980 for the New
Haven Foundry located in Macomb County, a secondary nonattainment area.
The Consent Order contains enforceable emission reductions to achieve
the secondary TSP standards by June 30, 1985.
(48) On May 1, 1981, the State of Michigan, through the Department
of Natural Resources, submitted Consent Order 07-1981 for the Detroit
Edison Company, Boulevard Heating Plant located in the City of Detroit,
Wayne County. Under Michigan Rule 336.1331(1)(a), the plant was
restricted to a particulate emission limit of 0.45 pounds of particulate
per 1000 pounds flue gas or an equivalent of 410 tons per
[[Page 100]]
year. The Consent Order, pursuant to Michigan Rule 333.1331(1)(d),
establishes a new limitation for the Boulevard Plant of 0.65 pounds per
1000 pounds of flue gas with a daily limit of 0.9 tons per day and 10
tons per year.
Pursuant to the provisions of 5 U.S.C. 605(b), the Administrator
certified on January 27, 1981 (46 FR 8709) that the attached rule will
not have a significant economic impact on a substantial number of small
entities.
(49) On March 7, 1980 and April 21, 1981 the State of Michigan
submitted particulate studies for the Detroit area. These studies
satisfy EPA's conditional approval and the State's commitment.
(50) On October 22, 1981, the State of Michigan submitted as a SIP
revision Consent Order No. 17-1981, between Conoco, Inc., and the
Michigan Air Pollution Control Commission. The Consent Order establishes
a compliance schedule for Conoco, Inc. to achieve the Volatile Organic
Compounds (VOC) limitations in R336.1609 by December 31, 1982.
(51) On December 27, 1979, the State of Michigan, Department of
Natural Resources (MDNR), submitted to EPA a revision to the State
Implementation Plan (SIP) for Lead. On February 9, 1981, the State of
Michigan submitted a letter clarifying provisions of its Lead SIP. The
SIP provides for the implementation of measures for controlling lead
emissions for the attainment and maintenance of the national ambient air
quality standards for lead in Michigan by October 31, 1982.
(52) On June 26, 1981, the State of Michigan, Department of Natural
Resources, submitted to EPA Consent Order No. 12-1981 for controlling
particulate emissions from the liquid waste incinerator in Building 830
at the Dow Chemical Company's Midland plant. The Consent Order provides
a schedule which establishes a final particulate emissions compliance
date of October 1, 1982.
(53) On August 24, 1981, the State of Michigan, Department of
Natural Resources, submitted to EPA Consent Order APC No. 19-1981 for
controlling particulate emissions from Dow's West Side and South Side
powerplants. On October 16, 1981, the State of Michigan submitted a
letter to EPA clarifying specific sections intended for EPA's rulemaking
action. All particulate emission sources at Dow must comply with various
parts of Michigan's SIP by December 31, 1985. The Consent Order does not
interfere with the attainment of the primary particulate NAAQS standard
by December 31, 1982 or the secondary particulate NAAQS by October 1,
1984.
(54) On December 16, 1981, the State of Michigan submitted to EPA
Consent Order APC No. 21-1981 for the Monitor Sugar Company. Consent
Order APC No. 21-1981 provides for additional controls on its coal-fired
boilers, 1, 2, 3, and 4 and establishes a final compliance date of
October 15, 1982 for attaining the primary National Ambient Air Quality
Standards.
(55) On January 7, 1982, the State of Michigan submitted to EPA
Consent Order APC No. 23-1981 for the Traverse City Board of Light and
Power. Consent Order APC No. 23-1981 limits the company's operation of
its No. 1 and No. 2 coal-fired boilers after December 31, 1982; provides
for additional controls on its No. 4 coal-fired boiler; and establishes
a final compliance date of December 31, 1982.
(56) On September 2, 1981, the State of Michigan submitted a
revision to the ozone plan consisting of RACT requirements for the
control of volatile organic compound emissions from stationary
industrial sources (Group II) referenced in Rules R336.1101-3, 5-9, 14-
16, 18-21, 23; R336.1601, 3-4, 10, 19-27; and R336.2005.
(57) On March 3, 1982, the State of Michigan submitted a
modification to its schedule for submitting by December 31, 1982
regulations developed to correct the State's deficiencies in its Part D
State Implementation Plan for the attainment of the total suspended
particulate air quality standards in its nonattainment areas containing
iron and steel sources.
(58) On December 16, 1981, the State of Michigan submitted as a SIP
revision consent order APC No. 18-1981 between General Motors
Warehousing and Distribution Division and the Michigan Air Pollution
Control Commission. On March 16, 1982, Michigan submitted an amendment
to consent
[[Page 101]]
order APC No. 18-1981. The Consent Order provides a one year extension
from October 15, 1982 until October 15, 1983 for the Company's No. 1 and
No. 2 boilers and establishes a compliance date of October 15, 1981, for
boilers 3 and 4. The Consent Order contains a schedule for compliance
which specifies emission limits of 0.45 pounds of particulate per 1,000
pounds of gas as required in Michigan's rule 336.1331(c) Table 31.
(59) [Reserved]
(60) On April 5, 1982, the State of Michigan submitted Consent Order
APC No. 02-1980 along with alterations to Section 5(D) of the Consent
Order for the Hayes-Albion foundry in Calhoun County. The Consent Order
contains control measures beyond the present requirements of Michigan's
R336.1301 and R336.1331 for Total Suspended Particulate (TSP) emissions
and evaluation methods for determining significant particulate emission
sources from the foundry. On June 18, 1982, the State of Michigan also
submitted a Fugitive Dust Control Plan and a Malfunction Abatement Plan
for the Hayes-Albion foundry. On September 21, 1982, the State of
Michigan formally submitted Permits 314-79 and 375-79 for the American
Colloid Plant.
(61) On March 6, 1981, the State of Michigan submitted as a SIP
revision general rules for fugitive dust control. These rules were
approved by the Michigan Air Pollution Control Commission on January 20,
1981, and became effective at the State level on February 17, 1981. On
January 25, 1982, May 3, 1982, and August 24, 1982, Michigan submitted
additional information and commitments. The submittal of March 6, 1981,
along with the additional information and commitments satisfies the
State's commitment to submit industrial fugitive dust regulations that
represent reasonably available control techniques for industrial
fugitive dust sources.
(62) On July 28, 1982, the State of Michigan submitted Consent Order
No. 06-1981 for the Clark Oil and Refining Corporation for volatile
organic compound (VOC) emissions. This revision is a detailed compliance
schedule containing increments of progress with a final compliance date
of December 31, 1982 and an emission limitation of 0.7 pound of organic
vapor per 1000 gallons of organic compound load.
(63) On September 8, 1982, the State of Michigan submitted as a SIP
revision Consent Order No. 03-1982, between the Hydra-Matic Division,
General Motors Corporation and the Michigan Air Pollution Control
Commission. The Consent Order establishes a compliance schedule
containing increments of progress dates and a final date of November 1,
1982 for Boiler No. 5 to comply with Michigan's R336.331.
(64) On September 21, 1982, the State of Michigan submitted as a SIP
revision Consent Order No. 13-1982, between the Diamond Crystal Salt and
the Michigan Air Pollution Control Commission, the Consent Order
establishes a compliance schedule containing increments of progress
dates and a final date of December 18, 1982 for Boiler No. 5 to comply
with Michigan's R336.331.
(65) [Reserved]
(66) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision consent order No. 08-1982,
between the General Motors, Buick Motor Division and the Michigan Air
Pollution Control Commission. The Consent Order establishes a Volatile
Organic Compound (VOC) emissions compliance schedule as required under
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance
date for surface coating operations until December 31, 1987. On November
29, 1982, and March 10, 1983, the State submitted additional
information.
(67) On September 8, 1982, the State of Michigan submitted Consent
Order No. 09-1982, between the General Motors, Fisher Body Division and
the Michigan Air Pollution Control Commission as a State Implementation
Plan (SIP) revision. The Consent Order establishes a Volatile Organic
Compound (VOC) emission compliance schedule as required under Michigan's
Rule 336.1603 and 336.1610, and extends the compliance date for surface
coating operations until December 31, 1987. On November 29, 1982, and
March 10, 1983, the State submitted additional information.
[[Page 102]]
(68) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 10-1982,
between Chevrolet Truck Assembly and the Michigan Air Pollution Control
Commission. The Consent Order establishes a Volatile Organic Compound
(VOC) emission compliance schedule as required under Michigan's Rule
336.1603 and 336.1610, and extends the compliance date for surface
coating operations until December 31, 1987. On November 29, 1982, and
March 10, 1983, the State submitted additional information.
(69) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 11-1982,
between the General Motors Fisher Body Division, Fleetwood Plant and the
Michigan Air Pollution Control Commission. On March 10, 1983, the State
submitted additional information for this SIP revision. The Consent
Order establishes a Volatile Organic Compound (VOC) emissions compliance
schedule as required under Michigan's Rules 336.1603 and 336.1610, and
extends the final compliance date for surface coating operations until
December 31, 1987.
(70) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 12-1982,
between the General Motors, Cadillac Motors Car Division and the
Michigan Air Pollution Control Commission. On March 10, 1983, the State
submitted additional information for this SIP revision. The Consent
Order establishes a Volatile Organic Compound (VOC) emission compliance
schedule as required under Michigan's Rule 336.1603 and R336.1610, and
extends the compliance date for surface coating operations until
December 31, 1987.
(71) On September 1, 1982, the State of Michigan submitted a request
to reduce the size of the ozone demonstration area for Southeast
Michigan from the seven-county area of Wayne, Oakland, Macomb,
Livingston, Monroe, St. Clair and Washtenaw to a three-county area
consisting of Wayne, Oakland, and Macomb Counties.
(72) On November 18, 1982, the State of Michigan submitted Consent
Order APC No. 06-1980, along with alterations for the General Motors
Corporation (GMC) Central Foundry Division, Saginaw Malleable Iron Plant
in the City of Saginaw, County of Saginaw as a revision to the Michigan
SIP. Consent Order No. 06-1980, as amended, reflects an interim and
final particulate emission limit more stringent than Michigan's rule
336.1331; extends the final date of compliance with Michigan's Rule
336.1301 for opacity on the oil quench facilities from December 31,
1982, to December 15, 1983, which is as expeditiously as practicable and
before the July 31, 1985, attainment date for the secondary TSP NAAQS in
Michigan.
(73) On June 30, 1983, the State of Michigan submitted as a State
Implementation Plan (SIP) revision. Consent Order No. 4-1983 between the
General Motors Corporation's Oldsmobile Division and the Michigan Air
Pollution Control Commission. The Consent Order establishes a Volatile
Organic Compound (VOC) emissions compliance schedule as required under
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance
dates for prime, primer-surfacer, topcoat, and final repair operations
until December 31, 1987.
(74) On June 30, 1983, the State of Michigan submitted as a State
Implementation Plan (SIP) revision. Consent Order No. 5-1983, between
the General Motors Corporation's Assembly Division and the Michigan Air
Pollution Control Commission. The Consent Order established a Volatile
Organic Compound (VOC) emission compliance schedule as required under
Michigan's Rule 336.1603 and R336.1610, and provides interim compliance
limits to be achieved by December 31, 1984, and extends the final
compliance dates for topcoating and final repair coating operations
until December 31, 1987.
(75) On October 4, 1983, the State of Michigan submitted: (1) A
revised Consent Order APC No. 12-1979 between CWC Castings Division of
Textron and the Michigan Air Pollution Control Commission and (2)
Article 14, Section J of the Muskegon County APC Rules. Consent Order
APC No. 12-1979 requires reductions of point source emissions and
fugitive emissions and extends the
[[Page 103]]
installation schedule of specified control devices to December 31, 1984.
Article 14, Section J, provides a ban on open residential and leaf
burning in Muskegon County. EPA approves the additional control measures
contained in Consent Order APC No. 12-1979 and the open burning ban. EPA
takes no action on the overall approval of Michigan's Part D secondary
nonattainment area for Muskegon County.
(76) On August 24, 1983, the State of Michigan submitted a State
Implementation Plan (SIP) revision request for an extension of the
compliance date for Boiler No. 2 for the General Motors Corporation
Warehousing and Distribution Division, in Swartz Creek County. Consent
Order No. 18-1981 extends the compliance date until October 15, 1985 for
GMC to install mechanical collectors on Boiler No. 2.
(77) On March 8, 1984, the State of Michigan submitted a report
which demonstrated that Rule 336.1606 contains emission limits
equivalent to Reasonable Available Control Technology (RACT) for Wayne,
Oakland and Macomb Counties. Therefore, USEPA remove its conditional
approval of Rule 336.1606 and fully approves the State's rule.
(78) On September 6, 1984, the State of Michigan submitted a
revision to the Michigan State Implementation Plan for the General
Motors Corporation Buick Motor Division in the form of an Alteration of
Stipulation for Entry of Consent Order and Final Order, No. 8-1982. The
original Consent Order No. 8-1982 was federally approved on July 6,
1983. This alteration revises Consent Order No. 8-1982, in that it
accelerates the final compliance dates for prime and prime-surfacer
operations and extends an interim compliance date for topcoat
operations.
(i) Incorporation by reference.
(A) State of Michigan, Air Pollution Control Commission, Alteration
of Stipulation for Entry Consent Order and Final Order SIP No. 8-1983,
which was approved by the Air Pollution Control Commission on April 2,
1984.
(B) Letter of September 6, 1984, from the State of Michigan,
Department of Natural Resources, to EPA.
(79) On December 2, 1983, USEPA proposed to withdraw its approval of
Michigan's fugitive dust regulations. On April 25, 1985, the State of
Michigan submitted revised Rule 336.1371, existing Rule 336.1372, and
new Rule 336.1373. However, they did not meet the requirements of Part D
of section 172(b); and USEPA, therefore, withdrew its approval of these
submittals, disapproved these submittals, and instituted new source
restrictions for major sources in the Michigan primary Total Suspended
Particulate (TSP) nonattainment areas on August 20, 1985. USEPA
incorporates revised Rule 336.1371 and newly submitted Rule 336.1373
into the Michigan State Implementation Plan because they provide a
framework for the development of fugitive dust control programs at the
State level in Michigan. USEPA retains Rule 336.1372, which is already
incorporated into the Michigan SIP, insofar as it applies to sources in
TSP attainment areas. This paragraph supercedes paragraph (C)(61) of
this section.
(i) Incorporation by reference.
(A) Michigan Department of Natural Resources Rules 336.1371 and
336.1373 (Fugitive Dust Regulations), as adopted on April 23, 1985.
(80) On July 27, 1983, the State of Michigan submitted Consent Order
No. 08-1983 for the General Motors Corporation Central Foundry
Division's Saginaw Malleable Iron Plant, as a revision to the Michigan
State Implementation Plan for Total Suspended Particulates. Consent
Order No. 08-1983 amends control strategy provisions of federally
approved (November 18, 1982 and August 15, 1983) Consent Order No. 06-
1980 and its alteration.
(i) Incorporation by reference.
(A) Stipulation for Entry of Consent Order and Final Order No. 08-
1983 for the General Motors Corporation Central Foundry Division's
Saginaw Malleable Iron Plant amending Control Strategy Provisions issued
June 9, 1983.
(81) On October 1, 1984, the State of Michigan submitted the
Stipulation for Entry of Consent Order and Final Order, SIP No. 12-1984,
between the Consumer Power Company's J.H. Campbell and the Michigan Air
Pollution Control Commission as a revision to the Michigan
SO2 SIP. Consent Order No. 12-1984 provides a 3-year
compliance date extension (January 1,
[[Page 104]]
1985, to December 31, 1987) for the J.H. Campbell Units 1 and 2 to emit
SO2 at an allowable rate on a daily basis of 4.88 lbs/MMBTU
in 1985, 4.78 lbs/MMBTU in 1986, and 4.68 lbs/MMBTU in 1987.
(i) Incorporation by reference.
(A) October 1, 1984, Stipulation for Entry of Consent Order and
Final Order, SIP No. 12-1984, establishing interim daily average
SO2 emission limitations and quarterly average limits on
percent sulfur is fuel fired.
(82) The State of Michigan submitted negative declarations for
several volatile organic compound source categories, as follows:
October 10, 1983--Large petroleum dry cleaners;
May 17, 1985--High-density polyethylene, polypropylene, and polystyrene
resin manufacturers;
June 12, 1985--Synthetic organic chemical manufacturing industry sources
(SOCMI) oxidation.
(i) Incorporation by reference.
(A) Letters dated October 10, 1983, May 17, 1985, and June 12, 1985,
from Robert P. Miller, Chief, Air Quality Division, Michigan Department
of Natural Resources. The letter dated June 12, 1985, includes pages 2-
119 and 2-120 from the revised 1982 Air Quality Implementation Plan for
Ozone and Carbon Monoxide in Southeast Michigan.
(83) On September 16, 1985, the State of Michigan submitted a SIP
revision requesting alternate opacity limits for the Packaging
Corporation of America (PCA) bark boiler. The request is in the form of
a Stipulation for Entry of Consent Order and Final Order (No. 23-1984).
The Consent Order contains an extended schedule for the PCA's bark
boiler to comply with Michigan's Rule 336.1301.
(i) Incorporation by reference. (A) Stipulation for Entry of Consent
Order and Final Order No. 23-1984 for the Packaging Corporation of
America, approved on July 8, 1985.
(84) On April 29, 1986, the State of Michigan submitted a revision
to the Michigan State Implementation Plan (SIP) for total suspended
particulates (TSP). The revision, in the form of Air Pollution Control
Act (APCA) No. 65, revises the State's 1965 APCA No. 348 contained in
the TSP portion of the Michigan SIP with respect to: car ferries having
the capacity to carry more than 110 motor vehicles; and coal-fired
trains used in connection with tourism.
(i) Incorporation by reference. (A) Act No. 65 of the Public Acts of
1986, as approved by the Governor of Michigan on March 30, 1986.
(85) On April 25, 1979, the State of Michigan submitted as revisions
to the Air Quality Implementation Plan, Michigan Department of Natural
Resources Air Pollution Control Commission General Rules for Open
Burning; Continuous Emission Monitoring; Air Pollution Episodes;
Organization, Operation and Procedures; and Hearings.
(i) Incorporation by reference.
(A) R 336.1310, Open Burning, effective January 18, 1980.
(B) R 336.2101-3, R 336.2150-5, R 336.336-2159, R 336.2170,
R336.2175-6, R 336.2189-90, and R 336.2199; Continuous Emission
Monitoring, effective January 18, 1980.
(C) R 336.2301-8, Air Pollution Episodes, effective January 18,
1980.
(D) R 336.2601-8, Organization, Operating, and Procedures, effective
January 18, 1980.
(E) R 336.2701-6, Hearings, effective January 18, 1980.
(86) On May 25, 1988, the State of Michigan submitted an SIP
revision in the form of an addendum to the State's Rule 336.1122,
effective at the State level on May 20, 1988. The amendment will allow
coating companies to exclude methyl chloroform from the VOC emission
calculation when it is not technically or economically reasonable. This
exemption applies only to the surface coating operations that are
subject to Part 6 (Emission Limitations and Prohibitions--Existing
Sources of VOC Emissions) or Part 7 (Emission Limitations and
Prohibitions--New Sources of VOC Emissions) of the State's regulations.
(i) Incorporation by reference.
(A) R336.1122, Methyl Chloroform; effective at the State level on
May 20, 1988.
(87)-(89) [Reserved]
(90) On December 17, 1987, the State of Michigan submitted to USEPA
a revision to the Michigan State Implementation Plan for the Continental
Fiber Drum, Inc., which limits volatile
[[Page 105]]
organic compound emissions from the surface coating operations at the
facility.
(i) Incorporation by reference.
(A) State of Michigan, Air Pollution Control Commission, Stipulation
for Entry of Consent Order and Final Order No. 14-1987, which was
adopted by the State on December 9, 1987.
(B) Letter of December 17, 1987, from the State of Michigan,
Department of Natural Resources to USEPA.
(91) On May 17, 1985, the State submitted revised rules for the
control of particulate matter from iron and steel sources and from other
sources in Michigan. These rules were submitted to fulfill conditions of
USEPA's May 22, 1981, approval (46 FR 27923 of the State's part D total
suspended particulates (TSP) State Implementation Plan (SIP). USEPA is
approving these revised rules in the Michigan submittal except for the
following provisions: The quench tower limit in rule 336.1331, Table 31,
Section C.8, because allowing water quality limits to apply only to
makeup water is a relaxation; the deletion of the limit in rule 336.1331
for coke oven coal preheater equipment, because it is a relaxation, and
rule 336.1355, because it provides an unlimited exemption for emissions
from emergency relief valves in coke oven gas collector mains.
(i) Incorporation by reference.
(A) Revision to parts 1, 3, and 10 of Michigan's administrative
rules for air pollution control (Act 348 of 1967, as amended) as adopted
by the Michigan Air Pollution Control Commission on December 18, 1984.
These rules became effective in Michigan on February 22, 1985.
(92) On October 10, 1986, the State of Michigan supported portions
of the revised Wayne County Air Pollution Control Division Air Pollution
Control Ordinance as approved by Wayne County on September 19, 1985, as
a revision to the Michigan State Implementation Plan.
(i) Incorporation by reference.
(A) Chapters 1, 2, 3, 5 (except for the portions of Chapter 5,
section 501, of the Wayne County Ordinance which incorporate by
reference the following parts of the State rules: The quench tower limit
in Rule 336.1331, Table 31, Section C.8; the deletion of the limit in
Rule 336.1331 for coke oven coal preheater equipment; and Rule
336.1355), 8 (except section 802), 9, 11, 12, 13 and appendices A and D
of the Wayne County Air Pollution Control Division (WCAPCD) Air
Pollution Control Ordinance as approved by WCAPCD on September 19, 1985.
(93) On November 16, 1992, the Michigan Department of Natural
Resources submitted Natural Resources Commission Rule 336.202 (Rule 2),
Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991
Michigan Air Pollution Reporting Forms, Reference Tables, and General
Instructions as the States emission statement program. Natural Resources
Commission Rule 336.202 (Rule 2) became effective November 11, 1986.
Section 5 and 14a of the 1965 Air Pollution Act 348 became effective
July 23, 1965.
(i) Incorporation by reference.
(A) Natural Resources Commission Rule 336.202 (Rule 2) became
effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution
Act 348 became effective July 23, 1965.
(94) On November 13, 1992, January 8, 1993, and November 12, 1993,
the State of Michigan submitted a Small Business Stationary Source
Technical and Environmental Assistance Program for incorporation in the
Michigan State Implementation Plan as required by section 507 of the
Clean Air Act.
(i) Incorporation by reference.
(A) Small Business Clean Air Assistance Act, Act No. 12, Public Acts
of 1993, approved by the Governor on April 1, 1993, and effective upon
approval.
(95) On November 15, 1993, the State of Michigan requested revision
to the Michigan State Implementation Plan (SIP) to incorporate
miscellaneous technical rule changes that the State had made effective
April 20, 1989.
(i) Incorporation by reference.
(A) Michigan Air Pollution Control Rules: R 336.1107 (except
paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R
336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705,
effective April 20, 1989.
(96) Revisions to the Michigan Regulations submitted on June 12,
1993 and
[[Page 106]]
November 12, 1993 by the Michigan Department of Natural Resources:
(i) Incorporation by reference.
(A) Revisions to the following provisions of the Michigan Air
Pollution Control Commission General Rules filed with the Secretary of
State on April 12, 1993 and effective on April 27, 1993:
(1) R 336.1101 Definitions; A--Revised definitions of the following
terms: actual emissions, air-dried coating, air quality standard,
allowable emissions and alternate opacity.
(2) R 336.1103 Definitions; C--Added definition of coating category.
Revised definitions of the following terms: calendar day, class II
hardboard paneling finish, coating line, coating of automobiles and
light-duty trucks coating of fabric, coating of large appliances,
coating of paper, coating of vinyl, component, component in field gas
service, component in gaseous volatile organic compound service,
component in heavy liquid service, component in light liquid service,
component in liquid volatile organic compound service, condenser,
conveyorized vapor degreaser, and creditable.
(3) R 336.1105 Definitions; E--Added definition of the term extreme
environmental conditions. Revised definitions of the following terms:
electrostatic prep coat, equivalent method and extreme performance
coating.
(4) R 336.1116 Definitions; P--Revised definitions of the following
terms: packaging rotogravure printing, printed interior panel, process
unit turnaround, publication rotogravure printing and pushside. Deleted
definition of the term pneumatic rubber tire manufacturing.
(5) R 336.1122 Definitions; V--Added definition of the term vapor
collection system. Revised definitions of the following terms: very
large precipitator and volatile organic compound.
(6) R 336.1602 General provisions for existing sources of volatile
organic compound emissions (entire rule).
(7) R 336.1610 Existing coating lines; emission of volatile organic
compounds from exiting automobile, light-duty truck, and other product
and material coating lines (entire rule).
(8) R 336.1611 Existing cold cleaners (entire rule).
(9) R 336.1619 Perchloroethylene; emission from existing dry
cleaning equipment (entire rule).
(10) R 336.1620 Emission of volatile organic compounds from existing
flat wood paneling coating lines (entire rule).
(11) R 336.1621 Emission of volatile organic compounds from existing
metallic surface coating lines (entire rule).
(12) R 336.1622 Emission of volatile organic compounds from existing
components of petroleum refineries; refinery monitoring program (entire
rule).
(13) R 336.1623 Storage of petroleum liquids having a true vapor
pressure of more than 1.0 psia, but less than 11.0 psia, in existing
external floating roof stationary vessels of more than 40,000-gallon
capacity (entire rule).
(14) R 336.1625 Emission of volatile organic compounds from existing
equipment utilized in manufacturing synthesized pharmaceutical products
(entire rule).
(15) R 336.1627 Delivery vessels; vapor collection systems (entire
rule).
(16) R 336.1630 Emission of volatile organic compounds from existing
paint manufacturing processes (entire rule).
(17) R 336.1631 Emission of volatile organic compounds from existing
process equipment utilized in manufacture of polystyrene or other
organic resins (entire rule).
(18) R 336.1632 Emission of volatile organic compounds from existing
automobile, truck, and business machine plastic part coating lines
(entire rule).
(19) R 336.1702 General provisions of new sources of volatile
organic compound emissions (entire rule).
(20) R 336.2004 Appendix A; reference test methods; adoption of
federal reference test methods (entire rule).
(21) R 336.2006 Reference test method serving as alternate version
of federal reference test method 25 by incorporating Byron analysis
(entire rule).
(22) R 336.2007 Alternate version of procedure L, referenced in R
336.2040(10) (entire rule).
(23) R 336.2040 Method for determination of volatile organic
compound emissions from coating lines and graphic arts lines (except R
336.2040(9) and R 336.2040(10)).
[[Page 107]]
(24) R 336.2041 Recordkeeping requirements for coating lines and
graphic arts lines (entire rule).
(B) Revisions to the following provisions of the Michigan Air
Pollution Control Commission General Rules filed with the Secretary of
State on November 3, 1993 and effective on November 18, 1993:
(1) R 336.1601 Definitions--Added definition of the term person
responsible.
(2) R 336.1602 General provisions for existing sources of volatile
organic compound emissions--Addition of provisions requiring submittal
of site-specific SIP revisions to EPA for the use of equivalent control
methods allowed under rules 336.1628(1) and 336.1629(1).
(3) R 336.1624 Emission of volatile organic compounds from existing
graphic arts lines (entire rule).
(4) R 336.1628 Emission of volatile organic compounds from
components of existing process equipment used in manufacturing synthetic
organic chemicals and polymers; monitoring program (entire rule).
(5) R 336.1629 Emission of volatile organic compounds from
components of existing process equipment used in processing natural gas;
monitoring program (entire rule).
(C) Senate Bill No. 726 of the State of Michigan 87th Legislature
for Stage I controls signed and effective on November 13, 1993.
(D) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 39-1993 which was adopted
by the State on November 12, 1993.
(E) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 40-1993 which was adopted
by the State on November 12, 1993.
(F) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 3-1993 which was adopted
by the State on June 21, 1993.
(97) On November 12, 1993, the State of Michigan submitted a
revision to the State Implementation Plan (SIP) for the implementation
of a motor vehicle inspection and maintenance (I/M) program in the Grand
Rapids and Muskegon ozone nonattainment areas. This revision included
House Bill No. 4165 which establishes an I/M program in Western
Michigan, SIP narrative, and the State's Request for Proposal (RFP) for
implementation of the program. House Bill No. 4165 was signed and
effective on November 13, 1993.
(i) Incorporation by reference.
(A) House Bill No. 4165; signed and effective November 13, 1993.
(ii) Additional materials.
(A) SIP narrative plan titled ``Motor Vehicle Emissions Inspection
and Maintenance Program for Southeast Michigan, Grand Rapids MSA, and
Muskegon MSA Moderate Nonattainment Areas,'' submitted to the EPA on
November 12, 1993.
(B) RFP, submitted along with the SIP narrative on November 12,
1993.
(C) Supplemental materials, submitted on July 19, 1994, in a letter
to EPA.
(98) [Reserved]
(99) On July 13, 1994, the State of Michigan requested a revision to
the Michigan State Implementation Plan (SIP). The State requested that a
consent order for the Eagle-Ottawa Leather Company of Grand Haven be
included in the SIP.
(i) Incorporation by reference. State of Michigan, Department of
Natural Resources, Stipulation for Entry of Consent Order and Final
Order No. 7-1994 which was adopted on July 13, 1994.
(100) On June 11, 1993 the Michigan Department of Natural Resources
(MDNR) submitted a plan, with revisions submitted on April 7, 1994 and
October 14, 1994 for the purpose of bringing about the attainment of the
National Ambient Air Quality Standards for particulate matter with an
aerodynamic diameter less than or equal to a nominal 10 micrometers (PM)
in the Wayne County moderate PM nonattainment area.
(i) Incorporation by reference.
(A) Consent Order 4-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Allied Signal, Inc.,
Detroit Tar Plant.
(B) Consent Order 5-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Asphalt Products
Company, Plant 5A.
(C) Consent Order 6-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Clawson Concrete
Company, Plant #1.
[[Page 108]]
(D) Consent Order 7-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Cummings-Moore Graphite
Company.
(E) Consent Order 8-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Delray Connecting
Railroad Company.
(F) Consent Order 9-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Detroit Edison Company,
River Rouge Plant.
(G) Consent Order 10-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Detroit Edison Company,
Sibley Quarry.
(H) Consent Order 11-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the city of Detroit,
Detroit Water and Sewage Department, Wastewater Treatment Plant.
(I) Consent Order 12-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Ferrous Processing and
Trading Company.
(J) Consent Order 13-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Ford Motor Company,
Rouge Industrial Complex.
(K) Consent Order 14-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Ford Motor Company,
Vulcan Forge.
(L) Consent Order 15-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Detroit Lime Company.
(M) Consent Order 16-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant #1.
(N) Consent Order 17-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant #3.
(O) Consent Order 18-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant #6.
(P) Consent Order 19-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 4 and 5.
(Q) Consent Order 20-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant Scrap Up-Grade Facility.
(R) Consent Order 21-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Marblehead Lime,
Brennan Avenue Plant.
(S) Consent Order 22-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Marblehead Lime, River
Rouge Plant.
(T) Consent Order 23-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the McLouth Steel Company,
Trenton Plant.
(U) Consent Order 24-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Michigan Foundation
Company, Cement Plant.
(V) Consent Order 25-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Michigan Foundation
Company, Sibley Quarry.
(W) Consent Order 26-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Morton International,
Inc., Morton Salt Division.
(X) Consent Order 27-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the National Steel
Corporation, Great Lakes Division.
(Y) Consent Order 28-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the National Steel
Corporation, Transportation and Materials Handling Division.
(Z) Consent Order 29-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Peerless Metals
Powders, Incorporated.
(AA) Consent Order 30-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Rouge Steel Company.
(BB) Consent Order 31-1993 effective October 12, 1994 issued by the
MDNR.
[[Page 109]]
This Order limits the PM emissions for the Keywell Corporation.
(CC) Consent Order 32-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the St. Marys Cement
Company.
(DD) Consent Order 33-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the United States Gypsum
Company.
(EE) Consent Order 34-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Wyandotte Municipal
Power Plant.
(101) On November 15, 1993, the State of Michigan submitted as a
revision to the Michigan State Implementation Plan for ozone a State
Implementation Plan for a motor vehicle inspection and maintenance
program for the Detroit-Ann Arbor area. Michigan submitted House Bill
No. 5016, signed by Governor John Engler on November 13, 1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 5016 signed by the Governor and
effective on November 13, 1993.
(102) On November 12, 1993, the State of Michigan submitted as a
revision to the Michigan State Implementation Plan for ozone a State
Implementation Plan for a section 175A maintenance plan for the Detroit-
Ann Arbor area as part of Michigan's request to redesignate the area
from moderate nonattainment to attainment for ozone. Elements of the
section 175A maintenance plan include a base year (1993 attainment year)
emission inventory for NOX and VOC, a demonstration of
maintenance of the ozone NAAQS with projected emission inventories
(including interim years) to the year 2005 for NOX and VOC, a
plan to verify continued attainment, a contingency plan, and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If the area records a violation of the
ozone NAAQS (which must be confirmed by the State), Michigan will
implement one or more appropriate contingency measure(s) which are
contained in the contingency plan. Appropriateness of a contingency
measure will be determined by an urban airshed modeling analysis. The
Governor or his designee will select the contingency measure(s) to be
implemented based on the analysis and the MDNR's recommendation. The
menu of contingency measures includes basic motor vehicle inspection and
maintenance program upgrades, Stage I vapor recovery expansion, Stage II
vapor recovery, intensified RACT for degreasing operations,
NOX RACT, and RVP reduction to 7.8 psi. Michigan submitted
legislation or rules for basic I/M in House Bill No 5016, signed by
Governor John Engler on November 13, 1993; Stage I and Stage II in
Senate Bill 726 signed by Governor John Engler on November 13, 1993; and
RVP reduction to 7.8 psi in House Bill 4898 signed by Governor John
Engler on November 13, 1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 5016 signed by the Governor and
effective on November 13, 1993.
(B) State of Michigan Senate Bill 726 signed by the Governor and
effective on November 13, 1993.
(C) State of Michigan House Bill No. 4898 signed by the Governor and
effective on November 13, 1993.
(103) On August 26, 1994 Michigan submitted a site-specific SIP
revision in the form of a consent order for incorporation into the
federally enforceable ozone SIP. This consent order determines
Reasonably Available Control Technology (RACT) specifically for the
Enamalum Corporation Novi, Michigan facility for the emission of
volatile organic compounds (VOCs).
(i) Incorporation by reference. The following Michigan Stipulation
for Entry of Final Order By Consent.
(A) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Final Order By Consent No. 6-1994 which was adopted by the
State on June 27, 1994.
(104) On July 13, 1995, the Michigan Department of Natural Resources
(MDNR) submitted a contingency measures plan for the Wayne County
particulate matter nonattainment area.
(i) Incorporation by reference.
(A) State of Michigan Administrative Rule 374 (R 336.1374),
effective July 26, 1995.
(105) [Reserved]
(106) On March 9, 1995, the State of Michigan submitted as a
revision to the Michigan State Implementation
[[Page 110]]
Plan for ozone a State Implementation Plan for a section 175A
maintenance plan for the Grand Rapids area as part of Michigan's request
to redesignate the area from moderate nonattainment to attainment for
ozone. Elements of the section 175A maintenance plan include an
attainment emission inventory for NOX and VOC, a
demonstration of maintenance of the ozone NAAQS with projected emission
inventories to the year 2007 for NOX and VOC, a plan to
verify continued attainment, a contingency plan, and a commitment to
submit a subsequent maintenance plan revision in 8 years as required by
the Clean Air Act. If a violation of the ozone NAAQS, determined not to
be attributable to transport from upwind areas, is monitored, Michigan
will implement one or more appropriate contingency measure(s) contained
in the contingency plan. Once a violation of the ozone NAAQS is
recorded, the State will notify EPA, review the data for quality
assurance, and conduct a technical analysis, including an analysis of
meteorological conditions leading up to and during the exceedances
contributing to the violation, to determine local culpability. This
preliminary analysis will be submitted to EPA and subjected to public
review and comment. The State will solicit and consider EPA's technical
advice and analysis before making a final determination on the cause of
the violation. The Governor or his designee will select the contingency
measure(s) to be implemented within six months of a monitored violation
attributable to ozone and ozone precursors from the Grand Rapids area.
The menu of contingency measures includes a motor vehicle inspection and
maintenance program, Stage II vapor recovery, gasoline RVP reduction to
7.8 psi, RACT on major non-CTG VOC sources in the categories of coating
of plastics, coating of wood furniture, and industrial cleaning
solvents. Michigan submitted legislation or rules for I/M in House Bill
No 4165, signed by Governor John Engler on November 13, 1993; Stage II
in Senate Bill 726 signed by Governor John Engler on November 13, 1993;
and RVP reduction to 7.8 psi in House Bill 4898 signed by Governor John
Engler on November 13, 1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 4165 signed by the Governor and
effective on November 13, 1993.
(B) State of Michigan Senate Bill 726 signed by the Governor and
effective on November 13, 1993.
(C) State of Michigan House Bill No. 4898 signed by the Governor and
effective on November 13, 1993.
(107) [Reserved]
(108) On May 16, 1996, the State of Michigan submitted a revision to
the Michigan State Implementation Plan (SIP). This revision is for the
purpose of establishing a gasoline Reid vapor pressure (RVP) limit of
7.8 pounds per square inch (psi) for gasoline sold in Wayne, Oakland,
Macomb, Washtenaw, Livingston, St. Clair, and Monroe counties in
Michigan.
(i) Incorporation by reference.
(A) House Bill No. 4898; signed and effective November 13, 1993.
(B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290,
Sections 642, 643, 645, 646, 647, and 649; all effective November 13,
1993.
(C) Michigan Complied Laws, Weights and Measures Act of 1964,
Chapter 290, Sections 613, 615; all effective August 28, 1964.
(ii) Additional materials.
(A) Letter from Michigan Governor John Engler to Regional
Administrator Valdas Adamkus, dated January 5, 1996.
(B) Letter from Michigan Director of Environmental Quality Russell
Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996.
(C) State report titled ``Evaluation of Air Quality Contingency
Measures for Implementation in Southeast Michigan,'' submitted to the
EPA on May 14, 1996.
(109) On December 13, 1994 and January 19, 1996, Michigan submitted
correspondence and Executive Orders 1991-31 and 1995-18 which indicated
that the executive branch of government had been reorganized. As a
result of the reorganization, delegation of the Governor's authority
under the Clean Air Act was revised. The Environmental Protection
Agency's approval of these Executive Orders is limited to those
[[Page 111]]
provisions affecting air pollution control. The Air Pollution Control
Commission was abolished and its authority was initially transferred to
the Director of the Michigan Department of Natural Resources (DNR).
Subsequently, the Michigan Department of Natural Resources of
Environmental Quality (DEQ) was created by elevating eight program
divisions and two program offices previously located within the DNR. The
authority then earlier vested to the Director of the Michigan DNR was
then transferred to the Director of the Michigan DEQ with the exception
of some administrative appeals decisions.
(i) Incorporation by reference.
(A) State of Michigan Executive Order 1991-31 Commission of Natural
Resources, Department of Natural Resources, Michigan Department of
Natural Resources Executive Reorganization. Introductory and concluding
words of issuance and Title I: General; Part A: Sections 1, 2, 4 and 5,
Part B. Title III: Environmental Protection; Part A: Sections 1 and 2,
Part B. Title IV: Miscellaneous; Parts A and B, Part C: Sections 1, 2,
4, Part D. Signed by John Engler, Governor, November 8, 1991. Filed with
the Secretary of State November 8, 1991. Effective January 7, 1992.
(B) State of Michigan Executive Order No. 1995-18 Michigan
Department of Environmental Quality, Michigan Department of Natural
Resources Executive Reorganization. Introductory and concluding words of
issuance. Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9, 10, 11, 12, 13, 15,
16, 17, 18. Signed by John Engler, Governor, July 31, 1995. Filed with
the Secretary of State on August 1, 1995. Effective September 30, 1995.
(110) A revision to Michigan's State Implementation Plan (SIP),
containing part of Michigan's Natural Resources and Environmental
Protection Act, was submitted by the Michigan Department of
Environmental Quality (MDEQ) on May 16, 1996, and supplemented on
September 23, 1997. On December 30, 1997, MDEQ withdrew much of the
original submittal. The revision incorporated below contains control
requirements and applicable definitions for fugitive dust sources.
(i) Incorporation by reference. The following sections of Part 55 of
Act 451 of 1994, the Natural Resources and Environmental Protection Act
are incorporated by reference.
(A) 324.5524 Fugitive dust sources or emissions, effective March 30,
1995.
(B) 324.5525 Definitions, effective March 30, 1995.
[37 FR 10873, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.1170, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.1171 Classification of regions.
The Michigan plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Detroit-Port Huron Intrastate................ I I III III III
Metropolitan Toledo Interstate............................ I I III III I
South Central Michigan Intrastate......................... II II III III III
South Bend-Elkhart (Indiana)-Benton Harbor (Michigan)
Interstate............................................... I IA III III III
Central Michigan Intrastate............................... II III III III III
Upper Michigan Intrastate................................. III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10873, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 29801, May 6, 1980]
Sec. 52.1172 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Michigan's plan for the attainment and maintenance of the
National Ambient Air Quality Standards under section 110 of the Clean
Air Act. Furthermore, the Administrator finds the plan satisfies all
requirements of Part D, Title I of the Clean Air Act as amended in
[[Page 112]]
1977, except as noted below. In addition, continued satisfaction of the
requirements of Part D for the ozone portion of the SIP depends on the
adoption and submittalof RACT requirements by July 1, 1980 for the
sources covered by CTGs between January 1978 and January 1979 and
adoption and submittal by each subsequent January of additional RACT
requirements for sources covered by CTGs issued by the previous January.
[45 FR 29801, May 6, 1980]
Sec. 52.1173 Control strategy: Particulates.
(a) Part D--Disapproval. The following specific revisions to the
Michigan Plan are disapproved:
(1) Rule 336.1331, Table 31, Item C: Emission limits for Open Hearth
Furnaces, Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering
Plants, Blast Furnaces, Heating and Reheating Furnaces.
(2) Rules 336.1371 (Fugitive dust control programs other than areas
listed in table 36.), 336.1372 (Fugitive dust control programs; required
activities; typical control methods.) and 336.1373 (Fugitive dust
control programs; areas listed in table 36.) for control of industrial
fugitive particulate emissions sources.
(b) Part D--Conditional Approval--The Michigan overall Plan for
primary and secondary nonattainment areas is approved provided that the
following conditions are satisfied:
(1) The State officially adopts final industrial fugitive
regulations that represent RACT for traditional sources and submits
these finally effective regulations to USEPA by January 31, 1981.
(2) The State adopts and submits regulations reflecting RACT for
Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast
Furnaces and Heating and Reheating Furnaces.
(3) Rule 336.1331, Table 31, Item C: Coke Oven Preheater Equipment
Effective After July 1, 1979--The State clarifies the compliance test
method to include measurement of the whole train.
(4) Rule 336.1349--The State submits consent orders containing
enforceable increments insuring reasonable further progress for each
source subject to Rules 336.1350 through 336.1357.
(5) Rule 336.1350--The State adopts and submits an acceptable
inspection method for determining compliance with the rule.
(6) Rule 336.1352--The State adopts and submits the following
clarifications to the rule: (a) The rule regulates emissions from the
receiving car itself during the pushing operation; (b) in the phrase
``eight consecutive trips,'' ``consecutive'' is defined as
``consecutively observed trips''; (c) the word ``trips'' is defined as
``trips per battery'' or ``trips per system''; (d) the 40% opacity
fugitive emissions limitation refers to an instantaneous reading and not
an average; (e) the method of reading opacity is defined.
(7) Rule 336.1353--The State adopts and submits: (a) An acceptable
test methodology for determining compliance with the rule; and (b) a
clarification that the exception to the visible emission prohibition of
4% of standpipe emission points refers to ``operating'' ovens.
(8) Rule 336.1356--The State adopts and submits a clarification of
the test methodology to determine compliance with the rule.
(9) Rule 336.1357--The State adopts and submits a clarification of
the test methodology to determine compliance with the rule.
(10) The State adopts and submits a regulation reflecting RACT for
coke battery combustion stacks.
(11) The State adopts and submits an acceptable test method for
application of Rule 336.1331, Table 32 to quench towers, or, in the
alternative, adopts and submits a limitation reflecting RACT for quench
tower emissions based on the quantity of total dissolved solids in the
quench water.
(12) The State adopts and submits rules requiring RACT for scarfing
emissions.
(13) Part 10 Testing--The State adopts and submits the following
clarifications to the test methods: (a) Testing of fugitive emissions
from blast furnaces are conducted during the cast; (b) the starting and
ending period is specified for basic oxygenfurnaces (for both primary
and secondary emissions generating operations), electric arc
[[Page 113]]
furnaces and for each of the three emission points at sinter plants.
(14) The State conducts additional particulate studies in the
Detroit area by September, 1980.
(c) Disapprovals. EPA disapproves the following specific revisions
to the Michigan Plan:
(1) The State submitted Consent Order No. 16-1982 on June 24, 1982,
Great Lakes Steel, a Division of the National Steel Corporation as a
revision to the Michigan State Implementation Plan. EPA disapproves this
revision, because it does not satisfy all the requirements of EPA's
proposed Emission Trading Policy Statement of April 7, 1982 (47 FR
15076).
(d) Approval--On April 29, 1988, the State of Michigan submitted a
committal SIP for particulate matter with an aerodynamic diameter equal
to or less than 10 micrometers (PM10) for Michigan's Group II
areas. The Group II areas of concern are in the City of Monroe and an
area surrounding the City of Carrollton. The committal SIP contains all
the requirements identified in the July 1, 1987, promulgation of the SIP
requirements for PM10 at 52 FR 24681.
(e) [Reserved]
(f) On July 24, 1995, the Michigan Department of Natural Resources
requested the redesignation of Wayne County to attainment of the
National Ambient Air Quality Standard for particulate matter. The
State's maintenance plan is complete and the redesignation satisfies all
of the requirements of the Act.
(g) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the particulate State
Implementation Plan for general conformity rules. The general conformity
SIP revisions enable the State of Michigan to implement and enforce the
Federal general conformity requirements in the nonattainment or
maintenance areas at the State or local level in accordance with 40 CFR
part 93, subpart B--Determining Conformity of General Federal Actions to
State or Federal Implementation Plans.
[46 FR 27931, May 22, 1981, as amended at 49 FR 11834, Mar. 28, 1984; 50
FR 33540, Aug. 20, 1985; 55 FR 17752, Apr. 27, 1990; 61 FR 40519, Aug.
5, 1996; 61 FR 66609, Dec. 18, 1996]
Sec. 52.1174 Control strategy: Ozone.
(a) Part D--Conditional Approval--Michigan Rules 336.1603 and
336.1606 are approved provided that the following conditions are
satisfied:
(1) Rule 336.1606-- The State either promulgates a rule with a
120,000 gallon per year throughput exemption for gasoline dispensing
facilities for sources located in Wayne, Macomb and Oakland Counties.
The State must either submit the rule to USEPA or demonstrate that the
allowable emissions resulting from the application of its existing rule
with 250,000 gallon per year throughput exemption for gasoline
dispensing facilities are less than five percent greater than the
allowable emissions resulting from the application of the CTG
presumptive norm. The State must comply with this condition by May 6,
1981, and any necessary regulations must be finally promulgated by the
State and submitted to USEPA by September 30, 1981.
(b) Approval--On November 16, 1992, the Michigan Department of
Natural Resources submitted Natural Resources Commission Rule 336.202
(Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the
1991 Michigan Air Pollution Reporting Forms, Reference Tables, and
General Instructions as the States emission statement program. Natural
Resources Commission Rule 336.202 (Rule 2) became effective November 11,
1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became
effective July 23, 1965. These rules have been incorporated by reference
at 40 CFR 52.1170(c)(93). On October 25, 1993, the State submitted the
1993 Michigan Air Pollution Reporting Forms, Reference Tables, and
General Instructions, along with an implementation strategy for the
State's emission statement program.
(c) Approval--On January 5, 1993, the Michigan Department of Natural
Resources submitted a revision to the
[[Page 114]]
ozone State Implementation Plan (SIP) for the 1990 base year inventory.
The inventory was submitted by the State of Michigan to satisfy Federal
requirements under section 182(a)(1) of the Clean Air Act as amended in
1990 (the Act), as a revision to the ozone SIP for the Grand Rapids and
Muskegon areas in Michigan designated nonattainment, classified as
moderate. These areas include counties of Muskegon, and the two county
Grand Rapids area (which are the counties of Kent and Ottawa).
Editorial Note: At 59 FR 40828, Aug. 10, 1994 the following
paragraph (c) was added to Sec. 52.1174.
(c) Approval--On November 12, 1993, the Michigan Department of
Natural Resources submitted a petition for exemption from the oxides of
nitrogen requirements of the Clean Air Act for the Detroit-Ann Arbor
ozone nonattainment area. The submittal pertained to the exemption from
the oxides of nitrogen requirements for conformity, inspection and
maintenance, reasonably available control technology, and new source
review. These are required by sections 176(c), 182(b)(4), and 182(f) of
the 1990 amended Clean Air Act, respectively.
(d) In a letter addressed to David Kee, EPA, dated March 30, 1994,
Dennis M. Drake, State of Michigan, stated:
(1) Michigan has not developed RACT regulations for the following
industrial source categories, which have been addressed in Control
Techniques Guidance (CTG) documents published prior to the Clean Air Act
Amendments of 1990, because no affected sources are located in the
moderate nonattainment counties:
(i) Large petroleum dry cleaners;
(ii) SOCMI air oxidation processes;
(iii) High-density polyethylene and polypropylene resin manufacturing;
and
(iv) Pneumatic rubber tire manufacturing.
(2) (Reserved)
(e) Approval--On July 1, 1994, the Michigan Department of Natural
Resources submitted a petition for exemption from the oxides of nitrogen
requirements of the Clean Air Act for the East Lansing ozone
nonattainment area. The submittal pertained to the exemption from the
oxides of nitrogen requirements for conformity and new source review.
Theses are required by sections 176(c) and 182(f) of the 1990 amended
Clean Air Act, respectively. If a violation of the ozone standard occurs
in the East Lansing ozone nonattainment area, the exemption shall no
longer apply.
(f) Approval--On July 8, 1994, the Michigan Department of Natural
Resources submitted a petition for exemption from the oxides of nitrogen
requirements of the Clean Air Act for the Genesee County ozone
nonattainment area. The submittal pertained to the exemption from the
oxides of nitrogen requirements for conformity and new source review.
These are required by sections 176(c) and 182(f) of the 1990 amended
Clean Air Act, respectively. If a violation of the ozone standard occurs
in the Genesee County ozone nonattainment area, the exemption shall no
longer apply.
(g) [Reserved]
(h) Approval--On January 5, 1993, the Michigan Department of Natural
Resources submitted a revision to the ozone State Implementation Plan
for the 1990 base year emission inventory. The inventory was submitted
by the State of Michigan to satisfy Federal requirements under section
182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the
ozone State Implementation Plan for the Detroit-Ann Arbor moderate ozone
nonattainment area. This area includes Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne counties.
(i) Approval--On November 12, 1993, the Michigan Department of
Natural Resources submitted a request to redesignate the Detroit-Ann
Arbor (consisting of Livingston, Macomb, Monroe, Oakland, St. Clair,
Washtenaw, and Wayne counties) ozone nonattainment area to attainment
for ozone. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act, as amended in
1990. Elements of the section 175A maintenance plan include a base year
(1993 attainment year) emission inventory for NOX and VOC, a
demonstration of maintenance of the ozone NAAQS with projected emission
inventories (including interim years)
[[Page 115]]
to the year 2005 for NOX and VOC, a plan to verify continued
attainment, a contingency plan, and an obligation to submit a subsequent
maintenance plan revision in 8 years as required by the Clean Air Act.
If the area records a violation of the ozone NAAQS (which must be
confirmed by the State), Michigan will implement one or more appropriate
contingency measure(s) which are contained in the contingency plan.
Appropriateness of a contingency measure will be determined by an urban
airshed modeling analysis. The Governor or his designee will select the
contingency measure(s) to be implemented based on the analysis and the
MDNR's recommendation. The menu of contingency measures includes basic
motor vehicle inspection and maintenance program upgrades, Stage I vapor
recovery expansion, Stage II vapor recovery, intensified RACT for
degreasing operations, NOX RACT, and RVP reduction to 7.8
psi. The redesignation request and maintenance plan meet the
redesignation requirements in sections 107(d)(3)(E) and 175A of the Act
as amended in 1990, respectively. The redesignation meets the Federal
requirements of section 182(a)(1) of the Clean Air Act as a revision to
the Michigan Ozone State Implementation Plan for the above mentioned
counties.
(j) [Reserved]
(k) Determination--USEPA is determining that, as of July 20, 1995,
the Grand Rapids and Muskegon ozone nonattainment areas have attained
the ozone standard and that the reasonable further progress and
attainment demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act do not apply to
the areas for so long as the areas do not monitor any violations of the
ozone standard. If a violation of the ozone NAAQS is monitored in either
the Grand Rapids or Muskegon ozone nonattainment area, the determination
shall no longer apply for the area that experiences the violation.
(l) Approval--EPA is approving the section 182(f) oxides of nitrogen
(NOX) reasonably available control technology (RACT), new
source review (NSR), vehicle inspection/maintenance (I/M), and general
conformity exemptions for the Grand Rapids (Kent and Ottawa Counties)
and Muskegon (Muskegon County) moderate nonattainment areas as requested
by the States of Illinois, Indiana, Michigan, and Wisconsin in a July
13, 1994 submittal. This approval also covers the exemption of
NOX transportation and general conformity requirements of
section 176(c) for the Counties of Allegan, Barry, Bay, Berrien, Branch,
Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham,
Ionia, Jackson, Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph,
Saginaw, Shiawasse, and Van Buren.
(m) Approval--On November 24, 1994, the Michigan Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan. The submittal pertained to a plan for the implementation and
enforcement of the Federal transportation conformity requirements at the
State or local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation
Plans, Programs, and Projects Developed, Funded or Approved Under Title
23 U.S.C. or the Federal Transit Act.
(n) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan for general conformity rules. The general conformity SIP revisions
enable the State of Michigan to implement and enforce the Federal
general conformity requirements in the nonattainment or maintenance
areas at the State or local level in accordance with 40 CFR part 93,
subpart B--Determining Conformity of General Federal Actions to State or
Federal Implementation Plans.
(o) Approval--On March 9, 1996, the Michigan Department of
Environmental Quality submitted a request to redesignate the Grand
Rapids ozone nonattainment area (consisting of Kent and Ottawa Counties)
to attainment for ozone. As part of the redesignation request, the State
submitted a maintenance plan as required by 175A of the Clean Air Act,
as amended in 1990. Elements of the section 175A maintenance plan
include an attainment emission inventory for NOX and VOC, a
demonstration of maintenance of the ozone
[[Page 116]]
NAAQS with projected emission inventories to the year 2007 for
NOX and VOC, a plan to verify continued attainment, a
contingency plan, and a commitment to submit a subsequent maintenance
plan revision in 8 years as required by the Clean Air Act. If a
violation of the ozone NAAQS, determined not to be attributable to
transport from upwind areas, is monitored, Michigan will implement one
or more appropriate contingency measure(s) contained in the contingency
plan. Once a violation of the ozone NAAQS is recorded, the State will
notify EPA, review the data for quality assurance, and conduct a
technical analysis, including an analysis of meteorological conditions
leading up to and during the exceedances contributing to the violation,
to determine local culpability. This preliminary analysis will be
submitted to EPA and subjected to public review and comment. The State
will solicit and consider EPA's technical advice and analysis before
making a final determination on the cause of the violation. The Governor
or his designee will select the contingency measure(s) to be implemented
within 6 months of a monitored violation attributable to ozone and ozone
precursors from the Grand Rapids area. The menu of contingency measures
includes a motor vehicle inspection and maintenance program, Stage II
vapor recovery, RVP reduction to 7.8 psi, RACT on major non-CTG VOC
sources in the categories of coating of plastics, coating of wood
furniture, and industrial cleaning solvents. The redesignation request
and maintenance plan meet the redesignation requirements in section
107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. The
redesignation meets the Federal requirements of section 182(a)(1) of the
Clean Air Act as a revision to the Michigan Ozone State Implementation
Plan for the above mentioned counties.
(p) Approval--On November 22, 1995 the Michigan Department of
Natural Resources submitted a petition for exemption from transportation
conformity requirements for the Muskegon ozone nonattainment area. This
approval exempts the Muskegon ozone nonattainment area from
transportation conformity requirements under section 182(b)(1) of the
Clean Air Act. If a violation of the ozone standard occurs in the
Muskegon County ozone nonattainment area, the exemption shall no longer
apply.
(q) Correction of approved plan-- Michigan air quality
Administrative Rule, R336.1901 (Rule 901)--Air Contaminant or Water
Vapor, has been removed from the approved plan pursuant to section
110(k)(6) of the Clean Air Act (as amended in 1990).
[45 FR 58528, Sept. 4, 1980, as amended at 50 FR 5250, Feb. 7, 1985; 59
FR 10753, Mar. 8, 1994; 59 FR 37947, July 26, 1994; 59 FR 40828, Aug.
10, 1994; 59 FR 46190, Sept. 7, 1994; 60 FR 12451, Mar. 7, 1995; 60 FR
12477, Mar. 7, 1995; 60 FR 20649, Apr. 27, 1995; 60 FR 28731, June 2,
1995; 60 FR 37013, July 19, 1995; 60 FR 37370, July 20, 1995; 61 FR
2438, Jan. 26, 1996; 61 FR 31849, June 21, 1996; 61 FR 39332, July 29,
1996; 61 FR 66609, 66611, Dec. 18, 1996; 62 FR 50514, Sept. 26, 1997; 63
FR 27494, May 19, 1998]
Effective Date Note: At 63 FR 27494, May 19, 1998, Sec. 52.1174 was
amended by adding paragraph (q), effective July 20, 1998.
Sec. 52.1175 Compliance schedules.
(a) The requirements of Sec. 51.15(a)(2) of this chapter as of May
31, 1972, (36 FR 22398) are not met since Rule 336.49 of the Michigan
Air Pollution Control Commission provides for individual compliance
schedules to be submitted to the State Agency by January 1, 1974. This
would not be in time for submittal to the Environmental Protection
Agency with the first semiannual report.
(b) [Reserved]
(c) The requirements of Sec. 51.262(a) of this chapter are not met
since compliance schedules with adequate increments of progress have not
been submitted for every source for which they are required.
(d) Federal compliance schedules. (1) Except as provided in
paragraph (d)(3) of this section, the owner or operator of any
stationary source subject to the following emission-limiting regulations
in the Michigan implementation plan shall comply with the applicable
compliance schedule in paragraph (d)(2) of this section: Air Pollution
Control Commission, Department of Public Health, Michigan Rule 336.49.
(2) Compliance schedules. (i) The owner or operator of any boiler or
furnace of more than 250 million Btu per hour heat input subject to Rule
336.49
[[Page 117]]
and located in the Central Michigan Intrastate AQCR, South Bend-Elkhart-
Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR (as
defined in part 81 of this title) shall notify the Administrator, no
later than October 1, 1973, of his intent to utilize either low-sulfur
fuel or stack gas desulfurization to comply with the limitations
effective July 1, 1975, in Table 3 or Table 4 of Rule 336.49.
(ii) Any owner or operator of a stationary source subject to
paragraph (d)(2)(i) of this section who elects to utilize low-sulfur
fuel shall take the following actions with respect to the source no
later than the dates specified.
(a) November 1, 1973--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with Table 3 of Rule 336.49 on July 1, 1975, and for
at least one year thereafter.
(b) December 31, 1973--Sign contracts with fuel suppliers for
projected fuel requirements.
(c) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(d) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
(e) June 15, 1974--Initiate onsite modifications, if applicable.
(f) March 31, 1975--Complete onsite modifications, if applicable.
(g) July 1, 1975--Achieve final compliance with the applicable July
1, 1975, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
(iii) Any owner or operator of a stationary source subject to
paragraph (d)(2)(i) of this section who elects to utilize stack gas
desulfurization shall take the following actions with respect to the
source no later than the dates specified.
(a) November 1, 1973--Let necessary contracts for construction.
(b) March 1, 1974--Initiate onsite construction.
(c) March 31, 1975--Complete onsite construction.
(d) July 1, 1975--Achieve final compliance with the applicable July
1, 1975, emission limitation listed in Table 4 of Rule 336.49.
(e) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
July 1, 1975. Ten days prior to such a test, notice must be given to the
Administrator to afford him the opportunity to have an observer present.
(iv) The owner or operator of any boiler or furnace of more than 250
million Btu per hour heat input subject to Rule 336.49 and located in
the Central Michigan Intrastate AQCR. South Bend-Elkhart-Benton Harbor
Interstate AQCR, or Upper Michigan Intrastate AQCR shall notify the
Administrator, no later than January 31, 1974, of his intent to utilize
either low-sulfur fuel or stack gas desulfurization to comply with the
limitation effective July 1, 1978, in Table 3 or Table 4 of Rule 336.49.
(v) Any owner or operator of a stationary source subject to
paragraph (d)(2)(iv) of this section who elects to utilize low-sulfur
fuel shall take the following actions with respect to the source no
later than the dates specified.
(a) October 15, 1976--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with Table 3 of Rule 336.49 on July 1, 1978, and for
at least one year thereafter.
(b) December 31, 1976--Sign contracts with fuel suppliers for
projected fuel requirements.
(c) January 31, 1977--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(d) March 15, 1977--Let contracts for necessary boiler
modifications, if applicable.
(e) June 15, 1977--Initiate onsite modifications, if applicable.
(f) March 31, 1978--Complete onsite modifications, if applicable.
(g) July 1, 1978--Achieve final compliance with the applicable July
1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
(vi) Any owner or operator of a stationary source subject to
paragraph
[[Page 118]]
(d)(2)(iv) of this section who elects to utilize stack gas
desulfurization shall take the following actions with regard to the
source no later than the dates specified.
(a) November 1, 1976--Let necessary contracts for construction.
(b) March 1, 1977--Initiate onsite construction.
(c) March 31, 1978--Complete onsite construction.
(d) July 1, 1978--Achieve final compliance with the applicable July
1, 1978, mission limitation listed in Table 4 of Rule 336.49.
(e) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
July 1, 1978. Ten days prior to such a test, notice must be given to the
Administrator to afford him the opportunity to have an observer present.
(vii) Any owner or operator subject to a compliance schedule above
shall certify to the Administrator, within five days after the deadline
for each increment of progress in that schedule, whether or not the
increment has been met.
(3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to
a source which is presently in compliance with Table 3 or Table 4 of
Rule 336.49 and which has certified such compliance to the Administrator
by October 1, 1973. The Administrator may request whatever supporting
information he considers necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved by
the Administrator shall satisfy the requirements of this paragraph for
the affected source.
(iii) Any owner or operator subject to a compliance schedule in this
paragraph may submit to the Administrator no later than October 1, 1973,
a proposed alternative compliance schedule. No such compliance schedule
may provide for final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
(4) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (d)(2) of this section fails to
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
(e) The compliance schedules for the sources identified below are
approved as meeting the requirements of Sec. 51.104 and subpart N of
this chapter. All regulations cited are air pollution control
regulations of the State, unless otherwise noted.
Michigan
[See footnotes at end of table]
----------------------------------------------------------------------------------------------------------------
Regulations Date schedule Final compliance
Source Location involved adopted date
----------------------------------------------------------------------------------------------------------------
berrien county
���������������������������������
Conoco, Inc..................... Berrien........... R336.1603, Sept. 26, 1981.... Dec. 31, 1982.
R336.1609.
���������������������������������
calhoun county
���������������������������������
Clark Oil and Refining Corp..... Calhoun........... R336.1603 May 14, 1982...... Dec. 31, 1982.
R336.1609.
���������������������������������
charlevoix county
���������������������������������
Northern Michigan Electric Boyne City........ 336.1401 (336.49). Jan. 10, 1980..... Jan. 1, 1985.
Cooperative Advance Steam Plant.
���������������������������������
genesee county
���������������������������������
Buick Motor Division............ City of Flint..... R336.1301......... May 5, 1980....... Dec. 31, 1982.
GM Warehousing Dist. Div. Genesee........... R336.1331......... Dec. 31, 1981..... Oct. 15, 1983.
Boilers 1 and 2.
[[Page 119]]
GM Warehousing Dist. Div. ......do.......... R336.1331......... Dec. 1, 1981...... Oct. 15, 1981.
Boilers 3 and 4.
���������������������������������
macomb county
���������������������������������
New Haven Foundry............... Macomb County..... R336.1301, Aug. 14, 1980..... June 30, 1985.
R336.1331,
R336.1901.
���������������������������������
midland county
���������������������������������
Dow Chemical.................... Midland........... R336.1301 and July 21, 1982..... Dec. 31, 1985.
R336.1331.
���������������������������������
monroe county
���������������������������������
Detroit Edison (Monroe plant)... Monroe............ 336.49............ July 7, 1977...... Jan. 1, 1985.
Dundee Cement Company........... Dundee............ 336.41, 44........ Oct. 17, 1979..... Dec. 31, 1983.
(336.1301,
336.1331).
Union Camp...................... Monroe............ 336.1401.......... Jan. 3, 1980...... Jan. 1, 1985.
(336.49)..........
���������������������������������
muskegon county
���������������������������������
Consumers Power Company (B. C. Muskegon.......... 336.1401.......... Dec. 10, 1979..... Jan. 1, 1985.
Cobb). (336.49)..........
S. D. Warren Co................. Muskegon.......... 336.49 (336.1401). Oct. 31, 1979..... Nov. 1, 1984.
Marathon Oil.................... ......do.......... 336.1603.......... July 31, 1981..... Dec. 31, 1982.
���������������������������������
saginaw county
���������������������������������
Grey Iron Casting and Nodular Saginaw........... R336.1301......... Apr. 16, 1980..... Dec. 31, 1982.
Iron Casting Plants.
���������������������������������
wayne county
���������������������������������
Boulevard Heating Plant......... Wayne............. R336.1331......... Apr. 28, 1981..... Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
Footnotes:
\1\ For the attainment of the primary standard.
\2\ For the attainment of the secondary standard.
\3\ For the maintenance of the secondary standard.
Michigan
----------------------------------------------------------------------------------------------------------------
Source Location Regulation involved Date schedule adopted
----------------------------------------------------------------------------------------------------------------
bay county
��������������������������������������
Consumer Power (Karn Plant).......... Essexville............. 336.44................. Sept. 18, 1973.
��������������������������������������
ottawa county
��������������������������������������
Consumer Power Co. (Campbell Plant West Olive............. 336.44................. Sept. 18, 1973.
Units 1, 2).
----------------------------------------------------------------------------------------------------------------
[37 FR 10873, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.1175, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
[[Page 120]]
Sec. 52.1176 Review of new sources and modifications. [Reserved]
[37 FR 10873, May 31, 1972]
Secs. 52.1177--52.1179 [Reserved]
Sec. 52.1180 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan does not include approvable procedures
for preventing the significant deterioration of air quality.
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 (b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Michigan.
(c) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of Michigan shall be
submitted to the Michigan Department of Natural Resources, Air Quality
Division, P.O. Box 30028, Lansing, Michigan 48909.
[45 FR 8299, Feb. 7, 1980; 45 FR 52741, Aug. 7, 1980]
Sec. 52.1181 Interstate pollution.
(a) The requirements of Section 126(a)(1) of the Clean Air Act as
amended in 1977 are not met since the state has not submitted to EPA, as
a part of its State Implementation Plan, the procedures on which the
state is relying to notify nearby states of any proposed major
stationary source which may contribute significantly to levels of air
pollution in excess of the National Ambient Air Quality Standards in
that state.
[46 FR 30084, June 5, 1981]
Sec. 52.1182 State boards.
(a) The requirements of Section 128 of the Clean Air Act as amended
in 1977 are not met since the state has not submitted to EPA, as a part
of its State Implementation Plan, the measures on which the state is
relying to insure that the Air Pollution Control Commission contains a
majority of members who represent the public interest and do not derive
a significant portion of their income from persons subject to permits or
enforcement orders under the Act and that the board members adequately
disclose any potential conflicts of interest.
[46 FR 30084, June 5, 1981]
Sec. 52.1183 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Regulation for visibility monitoring and new source review. The
provisions of Secs. 52.26 and 52.28 are hereby incorporated and made a
part of the applicable plan for the State of Michigan.
(c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Michigan.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.1184 Small business stationary source technical and environmental compliance assistance program.
The Michigan program submitted on November 13, 1992, January 8,
1993, and November 12, 1993, as a requested revision to the Michigan
State Implementation Plan satisfies the requirements of section 507 of
the Clean Air Act Amendments of 1990.
[59 FR 28788, June 3, 1994]
Sec. 52.1185 Control strategy: Carbon monoxide.
(a) Approval--On November 24, 1994, the Michigan Department of
Natural Resources submitted a revision to the carbon monoxide State
Implementation Plan. The submittal pertained to a plan for the
implementation and enforcement of the Federal transportation conformity
requirements at the State or local level in accordance with 40 CFR part
51, subpart T--Conformity to State or Federal Implementation Plans of
Transportation Plans, Programs, and Projects Developed, Funded or
Approved Under Title 23 U.S.C. or the Federal Transit Act.
(b) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the
[[Page 121]]
carbon monoxide State Implementation Plan for general conformity rules.
The general conformity SIP revisions enable the State of Michigan to
implement and enforce the Federal general conformity requirements in the
nonattainment or maintenance areas at the State or local level in
accordance with 40 CFR part 93, subpart B--Determining Conformity of
General Federal Actions to State or Federal Implementation Plans.
[61 FR 66609, 66611, Dec. 18, 1996]
Subpart Y--Minnesota
Sec. 52.1219 Identification of plan--conditional approval.
(a) On November 12, 1993, the Minnesota Pollution Control Agency
submitted a revision request to Minnesota's carbon monoxide SIP for
approval of the State's basic inspection and maintenance (I/M) program.
The basic I/M program requirements apply to sources in the State's
moderate nonattainment areas for carbon monoxide and includes the
following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington Counties. The USEPA is conditionally approving Minnesota's
basic I/M program provided that the State adopt specific enforceable
measures as outlined in its July 5, 1994 letter from Charles W.
Williams, Commissioner, Minnesota Air Pollution Control Agency.
(i) Incorporation by reference.
(A) Minnesota Rules relating to Motor Vehicle Emissions parts
7023.1010 to 7023.1105, effective January 8, 1994.
(ii) Additional material.
(A) Letter from the State of Minnesota to USEPA dated July 5, 1994.
(b) On February 9, 1996, the State of Minnesota submitted a request
to revise its particulate matter (PM) State Implementation Plan (SIP)
for the Saint Paul area. This SIP submittal contains administrative
orders which include control measures for three companies located in the
Red Rock Road area--St. Paul Terminals, Inc., Lafarge Corporation and
AMG Resources Corporation. Recent exceedances were attributed to changes
of emissions/operations that had occurred at particular sources in the
area. The results from the modeling analysis submitted with the Red Rock
Road SIP revision, preliminarily demonstrate protection of the PM
National Ambient Air Quality Standards (NAAQS). However, due to the lack
of emission limits and specific information regarding emission
distribution at Lafarge Corporation following the installation of the
pneumatic unloader, EPA is conditionally approving the SIP revision at
this time. Final approval will be conditioned upon EPA receiving a
subsequent modeled attainment demonstration with specific emission
limits for Lafarge Corporation, corrected inputs for Peavey/Con-Agra,
and consideration of the sources in the 2-4 km range which have
experienced emission changes that may impact the Red Rock Road
attainment demonstration.
[59 FR 51863, Oct. 13, 1994, as amended at 62 FR 39123, July 22, 1997]
Sec. 52.1220 Identification of plan.
(a) Title of plan: ``Implementation Plan to Achieve National Ambient
Air Quality Standards.''
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) A revised copy of the State emergency episode criteria was
forwarded on February 7, 1972. (Non-regulatory)
(2) Information concerning intergovernmental cooperation was
submitted by the Minnesota Pollution Control Agency on March 27, 1972.
(3) Certification that the State had adopted amendments to APC-1, 3,
4, 11, and 15, adopted a new air pollution control regulation (APC-16)
and projected manpower resources was submitted by the State on April 28,
1972.
(4) An opinion on the availability of emission data to the public
and evaluation of regulation concerning new construction was submitted
by the State Attorney General's office on June 15, 1972. (Non-
regulatory)
(5) A revised version of the State's regulation APC-3 was submitted
by the Governor on July 25, 1972.
(6) On June 8, 1973, the Governor of Minnesota submitted a
transportation control plan for the Minneapolis-St. Paul Intrastate Air
Quality Control Region.
[[Page 122]]
(7) Information concerning the transportation control plan was
submitted on June 18, 1973, by the Minnesota Pollution Control Agency.
(8) Compliance schedules were submitted on June 28, 1973, by the
Minnesota Pollution Control Agency.
(9) Information concerning the transportation control plan was
submitted on July 30, 1973, by the Metropolitan Transit Commission.
(10) Information concerning the transportation control plan was
submitted on August 1, 1973, by the Minnesota Department of Highways.
(11) Compliance schedules were submitted on August 9, 1973, by the
Minnesota Pollution Control Agency.
(12) On November 15, 1974, the Governor of Minnesota submitted
recommended Air Quality Maintenance Area identifications.
(13) A request for an extension of the statutory timetable for the
submittal of the portion of the Minnesota State Implementation Plan
implementing the National Secondary Ambient Air Quality Standards for
total suspended particulates was submitted by the Executive Director of
the Minnesota Pollution Control Agency on January 8, 1979, and was
supplemented with additional information on March 9, 1979.
(14) A transportation control plan for the St. Cloud Metropolitan
Area was submitted on May 17, 1979, by the Minnesota Pollution Control
Agency.
(15) Transportation control plans for the Metropolitan Areas of
Duluth, Rochester and Minneapolis-St. Paul were submitted on July 3,
1979, and July 23, 1979, by the Minnesota Pollution Control Agency.
(16) On March 5, 1980, the State of Minnesota submitted a revision
to provide for modification of the existing air quality surveillance
network. An amendment to the revision was submitted by the State of
Minnesota on June 2, 1980.
(17) The sulfur dioxide control plan and revised operating permits
for the Rochester and Twin Cities nonattainment areas were submitted by
the State of Minnesota on July 17, 1980, and August 4, 1980. Amendments
to the control plans were submitted on September 4, 1980. EPA's approval
of the control plan includes approval of the emission limitations
contained in the revised operating permits.
(18) Stipulation Agreement between the State Pollution Control
Agency and Erie Mining Company submitted by the State on February 20,
1981.
(19) On July 29, 1981, the Minnesota Pollution Control Agency
submitted an amendment to the transportation control plan for the
Minneapolis-St. Paul Metropolitan Area.
(20) On August 4, 1980, and October 17, 1980, the State submitted
its total suspended particulate Part D control plans for the Twin Cities
Seven County Metropolitan Area and the City of Duluth. As part of the
control strategies the State on January 5, 1981 submitted rule APC-33
and on January 23, 1981 further submitted amended and new rules. The
amended and new rules that control total suspended particulate (TSP)
emissions are: Amended APC-2, APC-4, APC-5, APC-7, APC-11; and new APC-
18, APC-21, APC-22, APC-23, APC-24, APC-25, APC-26, APC-28, APC-29, and
APC-32. Regulations APC-4, APC-24, and APC-32 are only approved as they
apply to TSP emissions.
(21) On January 23, 1981, the State submitted new rules and
amendments to some of their previously approved rules. On November 17,
1981, the State submitted amendments to APC-33. On May 6, 1982 (47 FR
19520), EPA approved some of the rules insofar as they applied to the
total suspended particulate strategy for the Twin Cities Seven County
Metropolitan Area and the City of Duluth. The remainder of the rules
are:
(i) Those portions of APC-4, APC-24, and APC-32 which control
emissions of sulfur dioxide, nitrogen dioxide, and carbon monoxide; (ii)
the amendments to APC-33; and (iii) APC-8, APC-12, APC-13, APC-15, APC-
16, APC-19 and APC-39.
(22) On April 28, 1983, Minnesota submitted its Lead SIP. Additional
information was submitted on February 15, 1984, and February 21, 1984.
(23) On May 20, 1985, and on April 17, 1986, the State submitted a
carbon monoxide plan for the intersection of Snelling and University
Avenues in the City of St. Paul. The plan committed to improved signal
progression through the intersection by December 31, 1987,
[[Page 123]]
and a parking ban on University Avenue within 1 block in either
direction of the intersection with Snelling Avenue by December 31, 1989.
(i) Incorporation by reference.
(A) Amendment to Air Quality Control Plan for Transportation for the
Metropolitan Council of the Twin Cities Area dated January 28, 1985.
(B) Letter from Minnesota Pollution Control Agency, dated April 17,
1986, and letter from the City of St. Paul, dated April 1, 1986,
committing to implementing of transportation control measures.
(24) On January 7, 1985, the State of Minnesota submitted a
consolidated permit rule (CPR) to satisfy the requirements of 40 CFR
51.160 through 51.164 for a general new source review (NSR) program,
including lead. On October 25, 1985, the State submitted a Memorandum of
Agreement (MOA) which remedied certain deficiencies (40 CFR 52.1225(d)).
On October 1, 1986, and January 14, 1987, the State committed to
implement its NSR program using USEPA's July 8, 1985 (50 FR 27892),
regulations for implementing the stack height requirements of Section
123 of the Clean Air Act (40 CFR 52.1225(e)). USEPA is approving the
above for general NSR purposes for all sources, except it is
disapproving them for those few sources subject to an NSPS requirement
(40 CFR Part 60) and exempted from review under 6 MCAR section 4.4303
B.3. For these sources, NSR Rule APC 3 (40 CFR 52.1220(c)(5)), will
continue to apply. Additionally, USEPA is taking no action on the CPR in
relationship to the requirements of Section 111, Part C, and Part D of
the Clean Air Act.
(i) Incorporation by reference.
(A) Within Title 6 Environment, Minnesota Code of Administrative
Rules, Part 4 Pollution Control Agency (6 MCAR 4), Rule 6 MCAR 4 section
4.0002, Parts A, B, C, and E--Definitions, Abbreviations, Applicability
of Standards, and Circumvention (formerly APC 2) Proposed and Published
in Volume 8 of the State of Minnesota STATE REGISTER (8 S.R.) on October
17, 1983, at 8 S.R. 682 and adopted as modified on April 16, 1984, at 8
S.R. 2275.
(B) Rules 6 MCAR section 4.4001 through section 4.4021--Permits
(formerly APC 3)--Proposed and Published on December 19, 1983, at 8 S.R.
1419 (text of rule starting at 8 S.R. 1420) and adopted as modified on
April 16, 1984, at 8 S.R. 2278.
(C) Rules 6 MCAR section 4.4301 through section 4.4305--Air Emission
Facility Permits--Proposed and Published on December 19, 1983, at 8 S.R.
1419 (text of rule starting at 8 S.R. 1470) and adopted as proposed on
April 16, 1984, at 8 S.R. 2276.
(D) Rules 6 MCAR section 4.4311 through section 4.4321--Indirect
Source Permits (formerly APC 19)--Proposed and Published on December 19,
1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1472) and adopted
as modified on April 16, 1984, at 8 S.R. 2277.
(25) On July 9, 1986, the State of Minnesota submitted Rules
7005.2520 through 7005.2523, submitted to replace the rule APC-29 in the
existing SIP (see paragraph (20)). This submittal also included State
permits for three sources, but these permits were withdrawn from USEPA
consideration on February 24, 1992. This submittal provides for
regulation of particulate matter from grain handling facilities, and was
submitted to satisfy a condition on the approval of Minnesota's Part D
plan for particulate matter.
(i) Incorporation by reference.
(A) Minnesota Rule 7005.2520, Definitions; Rule 7005.2521, Standards
of Performance for Dry Bulk Agricultural Commodity Facilities; Rule
7005.2522, Nuisance; and Rule 7005.2523, Control Requirements Schedule,
promulgated by Minnesota on January 16, 1984, and effective at the State
level on January 23, 1984.
(ii) Additional Material.
(A) Appendix E to Minnesota's July 9, 1986, submittal, which is a
statement signed on April 18, 1986, by Thomas J. Kalitowski, Executive
Director, Minnesota Pollution Control Agency, interpreting Rules
7005.2520 through 7005.2523 in the context of actual barge loading
practices in Minnesota.
(26) On March 13, 1989, the State of Minnesota requested that EPA
revise the referencing of regulations in the SIP to conform to the
State's recodification of its regulations. On November
[[Page 124]]
26, 1991, and September 18, 1992, the State submitted an official
version of the recodified regulations to be incorporated into the SIP.
The recodified regulations are in Chapter 7001 and Chapter 7005 of
Minnesota's regulations. Not approved as part of the SIP are recodified
versions of regulations which EPA previously did not approve. Therefore,
the SIP does not include Rules 7005.1550 through 7005.1610 (National
Emission Standards for Hazardous Air Pollutants (NESHAP) for asbestos),
Rules 7005.2300 through 7005.2330 (limits for iron and steel plants),
Rules 7005.2550 through 7005.2590 (NESHAP for beryllium), Rules
7005.2650 through 7005.2690 (NESHAP for mercury), Rule 7005.0116
(Opacity Standard Adjustment) and Rule 7005.2910 (Performance Test
Methods for coal handling facilities). Similarly, the SIP continues to
exclude the exemption now in Rule 7001.1210 as applied to small sources
subject to new source performance standards, and the SIP is approved
only for ``existing sources'' in the case of Rules 7005.1250 through
7005.1280 (Standards of Performance for Liquid Petroleum Storage
Vessels), Rules 7005.1350 through 7005.1410 (Standards of Performance
for Sulfuric Acid Plants), Rules 7005.1450 through 7005.1500 (Standards
of Performance for Nitric Acid Plants), and Rules 7005.2100 through
7005.2160 (Standards of Performance for Petroleum Refineries). The SIP
also does not include changes in the State's Rule 7005.0100 (relating to
offsets) that were withdrawn by the State on February 24, 1992, and does
not include the new rules 7005.0030 and 7005.0040.
(i) Incorporation by reference.
(A) Minnesota regulations in Chapter 7005 as submitted November 26,
1991, and in Chapter 7001 as submitted September 18, 1992, except for
those regulations that EPA has not approved as identified above.
(27) On August 16, 1982, the MPCA submitted an amendment to the St.
Cloud Area Air Quality Control Plan for Transportation as a State
Implementation Plan revision. This revision to the SIP was adopted by
the Board of the Minnesota Pollution Control Agency on July 27, 1982. On
August 31, 1989, the Minnesota Pollution Control Agency submitted a
revision to the Minnesota State Implementation Plan (SIP) for carbon
monoxide deleting the Lake George Interchange roadway improvement
project (10th Avenue at First Street South) from its St. Cloud
transportation control measures. This revision to the SIP was approved
by the Board on June 27, 1989.
(i) Incorporation by reference.
(A) Letter dated August 16, 1982, from Louis J. Breimburst,
Executive Director, Minnesota Pollution Control Agency to Valdas V.
Adamkus, Regional Administrator, United States Environmental Protection
Agency--Region 5 and its enclosed amendment to the Air Quality Plan for
Transportation for the St. Cloud Metropolitan Area entitled, ``Staff
Resolution,'' measures 1, 4 and 5 adopted by the Minnesota Pollution
Control Agency on July 27, 1982.
(B) Letter dated August 31, 1989, from Gerald L. Willet,
Commissioner, Minnesota Pollution Control Agency to Valdas V. Adamkus,
Regional Administrator, United States Environmental Protection Agency--
Region 5.
(28) On November 9, 1992, the State of Minnesota submitted the Small
Business Stationary Source Technical and Environmental Compliance
Assistance plan. This submittal satisfies the requirements of section
507 of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the
Legislature, and signed into Law on April 29, 1992.
(29) On November 26, 1991, August 31, 1992, November 13, 1992,
February 3, 1993, April 30, 1993, and October 15, 1993, the State of
Minnesota submitted revisions to its State Implementation Plans (SIPs)
for particulate matter for the Saint Paul and Rochester areas.
(i) Incorporation by reference.
(A) An administrative order for Ashbach Construction Company, dated
August 25, 1992, submitted August 31, 1992, for the facility at
University Avenue and Omstead Street.
(B) An administrative order for Commercial Asphalt, Inc., dated
August 25, 1992, submitted August 31, 1992, for the facility at Red Rock
Road.
[[Page 125]]
(C) An administrative order for Great Lakes Coal & Dock Company
dated August 25, 1992, submitted August 31, 1992, for the facility at
1031 Childs Road.
(D) An administrative order for Harvest States Cooperatives dated
January 26, 1993, submitted February 3, 1993, for the facility at 935
Childs Road.
(E) An administrative order for LaFarge Corporation dated November
30, 1992, submitted in a letter dated November 13, 1992, for the
facility at 2145 Childs Road.
(F) An administrative order for the Metropolitan Waste Control
Commission and the Metropolitan Council dated November 30, 1992,
submitted in a letter dated November 13, 1992, for the facility at 2400
Childs Road.
(G) An administrative order for North Star Steel Company dated April
22, 1993, submitted April 30, 1993, for the facility at 1678 Red Rock
Road.
(H) An administrative order for PM Ag Products, Inc., dated August
25, 1992, submitted August 31, 1992, for the facility at 2225 Childs
Road.
(I) An administrative order for Rochester Public Utilities dated
November 30, 1992, submitted in a letter dated November 13, 1992, for
the facility at 425 Silver Lake Drive.
(J) An amendment to the administrative order for Rochester Public
Utilities, dated October 14, 1993, submitted October 15, 1993, for the
facility at 425 Silver Lake Drive.
(K) An administrative order for J.L. Shiely Company dated August 25,
1992, submitted August 31, 1992, for the facility at 1177 Childs Road.
(ii) Additional materials.
(A) A letter from Charles Williams to Valdas Adamkus dated November
26, 1991, with attachments.
(B) A letter from Charles Williams to Valdas Adamkus dated August
31, 1992, with attachments.
(C) A letter from Charles Williams to Valdas Adamkus dated November
13, 1992, with attachments.
(D) A letter from Charles Williams to Valdas Adamkus dated February
3, 1993, with attachments.
(E) A letter from Charles Williams to Valdas Adamkus dated April 30,
1993, with attachments.
(F) A letter from Charles Williams to Valdas Adamkus dated October
15, 1993, with attachments.
(30) On June 4, 1992, March 30, 1993, and July 15, 1993, the State
of Minnesota submitted revisions to its State Implementation Plans
(SIPs) for sulfur dioxide for Air Quality Control Region (AQCR) 131
(excluding the Dakota County Pine Bend area and an area around Ashland
Refinery in St. Paul Park).
(i) Incorporation by reference.
(A) An administrative order, received on June 4, 1992, for FMC
Corporation and U.S. Navy, located in Fridley, Anoka County, Minnesota.
The administrative order became effective on May 27, 1992. Amendment
One, which was received on March 30, 1993, became effective on March 5,
1993. Amendment Two, which was received on July 15, 1993, became
effective on June 30, 1993.
(B) An administrative order, received on June 4, 1992, for Federal
Hoffman, Incorporated, located in Anoka, Anoka County, Minnesota. The
administrative order became effective on May 27, 1992. Amendment one,
received on July 15, 1993, became effective on June 30, 1993.
(C) An administrative order, received on June 4, 1992, for GAF
Building Materials Corporation (Asphalt Roofing Products Manufacturing
Facility) located at 50 Lowry Avenue, Minneapolis, Hennepin County,
Minnesota. The administrative order became effective on May 27, 1992.
Amendment One, received on July 15, 1993, became effective on June 30,
1993.
(D) An administrative order, received on June 4, 1992, for Northern
States Power Company-Riverside Generating Plant, located in Minneapolis,
Hennepin County, Minnesota. The administrative order became effective on
May 27, 1992. Amendment One, received on July 15, 1993, became effective
on June 30, 1993.
(E) An administrative order for Minneapolis Energy Center, received
on July 15, 1993, Inc.'s Main Plant, Baker Boiler Plant, and the Soo
Line Boiler Plant all located in Minneapolis, Hennepin County,
Minnesota. The administrative order became effective on June 30, 1993.
(ii) Additional material.
[[Page 126]]
(A) A letter from Charles Williams to Valdas Adamkus dated May 29,
1992, with enclosures providing technical support (e.g., computer
modeling) for the revisions to the administrative orders for five
facilities.
(B) A letter from Charles Williams to Valdas Adamkus dated March 26,
1993, with enclosures providing technical support for an amendment to
the administrative order for FMC Corporation and U.S. Navy.
(C) A letter from Charles Williams to Valdas Adamkus dated July 12,
1993, with enclosures providing technical support for amendments to
administrative orders for four facilities and a reissuance of the
administrative order to Minneapolis Energy Center, Inc.
(31) In a letter dated October 30, 1992, the MPCA submitted a
revision to the Carbon Monoxide State Implementation Plan for Duluth,
Minnesota. This revision contains a maintenance plan that the area will
use to maintain the CO NAAQS. The maintenance plan contains park and
ride lots and an oxygenated fuels program as the contingency measure.
(i) Incorporation by reference.
(A) Letter dated October 30, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosures entitled Appendix E.
(ii) Additional information.
(A) Letter dated November 10, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(B) Letter dated December 22, 1993, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(32) In a letter dated October 30, 1992, the MPCA submitted a
revision to the Carbon Monoxide State Implementation Plan for Duluth,
Minnesota. This revision removes a transportation control measure (TCM)
from the State Implementation Plan. The TCM is an increased turning
radius at 14th Avenue and 3rd Street East.
(i) Incorporation by reference.
(A) Letter dated October 30, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosure entitled Appendix D.
(ii) Additional information.
(A) Letter dated November 10, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(33) On August 5, 1992, and August 26, 1993, the State of Minnesota
submitted its ``Offset Rules'' as revisions to its State Implementation
Plan (SIP) for new source review in nonattainment areas.
(i) Incorporation by reference.
(A) Rules 7005.3020, 7005.3030, and 7005.3040, with amendments
effective August 24, 1992.
(B) Amendments to Rule 7005.3040, effective June 28, 1993.
(ii) Additional materials.
(A) A letter from Charles Williams to Valdas Adamkus dated August 5,
1992, with attachments.
(B) A letter from Charles Williams to Valdas Adamkus dated August
26, 1993, with attachments.
(34) On November 9, 1992, the State of Minnesota submitted the
Oxygenated Gasoline Program. This submittal satisfies the requirements
of section 211(m) of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Minnesota Laws Chapter 2509, sections 1 through 31, except for
sections 29 (b) and (c), enacted by the Legislature and signed into Law
on April 29, 1992.
(ii) Additional material.
(A) Letter dated August 12, 1994, from the Minnesota Pollution
Control Agency (MPCA), to the United States Environmental Protection
Agency that withdraws the MPCA Board resolution dated October 27, 1992,
and any reference to it, from the oxygenated gasoline State
Implementation Plan revision request of 1992.
(35) On July 29, 1992, February 11, 1993, and February 25, 1994, the
State of Minnesota submitted revisions to its
[[Page 127]]
State Implementation Plans (SIPs) for sulfur dioxide for Dakota County
Pine Bend area of Air Quality Control Region (AQCR) 131.
(i) Incorporation by reference.
(A) For Continental Nitrogen and Resources Corporation, located in
Rosemount, Dakota County, Minnesota:
(1) An administrative order, dated and effective July 28, 1992,
submitted July 29, 1992.
(2) Amendment One to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(B) For Northern States Power Company, Inver Hills Generating
Facility, located in Dakota County, Minnesota:
(1) An administrative order, dated and effective July 28, 1992,
submitted July 29, 1992.
(2) Amendment one to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(C) For Koch Refining Company and Koch Sulfuric Acid Unit, located
in the Pine Bend area of Rosemount, Dakota County, Minnesota:
(1) An administrative order, identified as Amendment One to Findings
and Order by Stipulation, dated and effective March 24, 1992, submitted
July 29, 1992.
(2) Amendment two to the administrative order, dated and effective
January 22, 1993, submitted February 11, 1993.
(3) Amendment three to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(ii) Additional material.
(A) A letter from Charles Williams to Valdas Adamkus dated July 29,
1992, with enclosures providing technical support (e.g., computer
modeling) for the revisions to the administrative orders for three
facilities.
(B) A letter from Charles Williams to Valdas Adamkus dated February
11, 1993, submitting Amendment Two to the administrative order for Koch
Refining Company.
(C) A letter from Charles Williams to Valdas Adamkus dated February
25, 1994, with enclosures providing technical support for amendments to
administrative orders for three facilities.
(36) On June 22, 1993, and September 13, 1994, the State of
Minnesota submitted revisions to its State Implementation Plan for lead
for a portion of Dakota County.
(i) Incorporation by reference.
(A) For Gopher Smelting and Refining Company, located in the city of
Eagan, Dakota County, Minnesota:
(1) An administrative order, dated, submitted, and effective June
22, 1993.
(2) Amendment One to the administrative order, dated, submitted, and
effective, September 13, 1994.
(ii) Additional material.
(A) A letter from Charles W. Williams to Valdas V. Adamkus, dated
June 22, 1993, with enclosures providing technical support (e.g.,
computer modeling) for the revisions to the State Implementation Plan
for lead.
(B) A letter from Charles W. Williams to Valdas V. Adamkus, dated
September 13, 1994, with enclosures providing technical support for the
revised administrative order for Gopher Smelting and Refining Company.
(37) On March 9, 1994, the State of Minnesota submitted a revision
to its particulate matter plan for the Saint Paul area, providing
substitute limits for an aggregate heater at the J.L. Shiely facility.
(i) Incorporation by reference.
(A) An amendment dated January 12, 1994, amending the administrative
order of August 25, 1992, for the J.L. Shiely facility at 1177 Childs
Road, Saint Paul.
Editorial Note: At 60 FR 21451, May 2, 1995 the following paragraph
(c)(37) was added to Sec. 52.1220.
(37) On November 23, 1993, the State of Minnesota submitted updated
air permitting rules.
(i) Incorporation by reference.
(A) Rules 7007.0050 through 7007.1850, effective August 10, 1993.
(B) Rules 7001.0020, 7001.0050, 7001.0140, 7001.0180, 7001.0550,
7001.3050, 7002.0005, 7002.0015, and 7005.0100, effective August 10,
1993.
(38) On December 22, 1992 and September 30, 1994, the State of
Minnesota
[[Page 128]]
submitted revisions to its State Implementation Plans (SIPs) for sulfur
dioxide for the St. Paul Park area of Air Quality Control Region (AQCR)
131.
(i) Incorporation by reference.
(A) For Ashland Petroleum Company, located in St. Paul Park,
Minnesota:
(1) An administrative order, dated and effective December 15, 1992,
submitted December 22, 1992.
(2) Amendment One to the administrative order, dated and effective
September 30, 1994, submitted September 30, 1994.
(ii) Additional material.
(A) A letter from Charles Williams to Valdas Adamkus dated December
22, 1992, with enclosures providing technical support (e.g., computer
modeling) for the revision to the administrative order for Ashland
Petroleum Company.
(B) A letter from Charles Williams to Valdas Adamkus dated September
30, 1994, with enclosures, submitting Amendment One to the
administrative order for Ashland Petroleum Company.
(39) [Reserved]
(40) On November 23, 1993, the State of Minnesota requested
recodification of the regulations in its State Implementation Plan,
requested removal of various regulations, and submitted recodified
regulations containing minor revisions.
(i) Incorporation by reference.
(A) Minnesota regulations in Chapters 7005, 7007, 7009, 7011, 7017,
7019, and 7023, effective October 18, 1993.
(B) Submitted portions of Minnesota Statutes Sections 17.135, 88.01,
88.02, 88.03, 88.16, 88.17, and 88.171, effective 1993.
(41) On December 22, 1994, Minnesota submitted miscellaneous
amendments to 11 previously approved administrative orders. In addition,
the previously approved administrative order for PM Ag Products (dated
August 25, 1992) is revoked.
(i) Incorporation by reference.
(A) Amendments, all effective December 21, 1994, to administrative
orders approved in paragraph (c)(29) of this section for: Ashbach
Construction Company; Commercial Asphalt, Inc.; Great Lakes Coal & Dock
Company; Harvest States Cooperatives; LaFarge Corporation; Metropolitan
Council; North Star Steel Company; Rochester Public Utilities; and J.L.
Shiely Company.
(B) Amendments, effective December 21, 1994, to the administrative
order approved in paragraph (c)(30) of this section for United Defense,
LP (formerly FMC/U.S. Navy).
(C) Amendments, effective December 21, 1994, to the administrative
order approved in paragraph (c)(35) of this section for Northern States
Power-Inver Hills Station.
(42) On September 7, 1994, the State of Minnesota submitted a
revision to its State Implementation Plan (SIP) for particulate matter
for the Rochester area of Olmsted County, Minnesota.
(i) Incorporation by reference.
(A) Amendment Two to the administrative order for the Silver Lake
Plant of Rochester Public Utilities, located in Rochester, Minnesota,
dated and effective August 31, 1994, submitted September 7, 1994.
(43) On November 12, 1993, the State of Minnesota submitted a
contingency plan to control the emissions of carbon monoxide from mobile
sources by use of oxygenated gasoline on a year-round basis. The
submittal of this program satisfies the provisions under section
172(c)(9) and 172(b) of the Clean Air Act as amended.
(i) Incorporation by reference.
(A) Laws of Minnesota for 1992, Chapter 575, section 29(b), enacted
by the legislature and signed into law on April 29, 1992.
(44) This revision provides for data which have been collected under
the enhanced monitoring and operating permit programs to be used for
compliance certifications and enforcement actions.
(i) Incorporation by reference.
(A) Minnesota Rules, sections 7007.0800 Subpart 6.C(5), 7017.0100
Subparts 1 and 2, both effective February 28, 1995.
(45) On December 15, 1995, the Minnesota Pollution Control Agency
submitted a revision to the State Implementation Plan for the general
conformity rules. The general conformity SIP revisions enable the State
of Minnesota to implement and enforce the
[[Page 129]]
Federal general conformity requirements in the nonattainment or
maintenance areas at the State or local level in accordance with 40 CFR
part 93, subpart B--Determining Conformity of General Federal Actions to
State or Federal Implementation Plans.
(i) Incorporation by reference.
(A) Minnesota rules Part 7009.9000, as created and published in the
(Minnesota) Register, November 13, 1995, number 477, effective November
20, 1995.
[37 FR 10874, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.1220, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 52.1221 Classification of regions.
The Minnesota plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Central Minnesota Intrastate......................... II III III III III
Southeast Minnesota-La Crosse (Wisconsin) Interstate. II Ia III III III
Duluth (Minnesota)-Superior (Wisconsin) Interstate... I II III III III
Metropolitan Fargo-Moorhead Interstate............... II III III III III
Minneapolis-St. Paul Intrastate...................... I I III I III
Northwest Minnesota Intrastate....................... II III III III III
Southwest Minnesota Intrastate....................... III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10874, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]
Sec. 52.1222 EPA-approved Minnesota State regulations.
The following table identifies the State regulations submitted to
and approved by EPA as revisions to the Minnesota State Implementation
Plan (SIP). This table is for informational purposes only and does not
have any independent regulatory effect. This table also does not include
administrative orders that have been approved into the SIP. To determine
regulatory requirements for a specific situation consult the plan
identified in Sec. 52.1220. To the extent that this table conflicts with
Sec. 52.1220, Sec. 52.1220 governs.
Table 52.1222.--EPA Approved Regulations
----------------------------------------------------------------------------------------------------------------
Minnesota rule Effective Relevant para.s in Sec.
Rule description numbers Contents of SIP date 52.1220 \1\
----------------------------------------------------------------------------------------------------------------
Definitions and Abbreviations. 7005.0100-.0110.. Full rules except 10/18/93 b,c20,c40.
def'n of NESHAP.
Air Emission Permits.......... 7007.0050-.1850.. Full rules....... 8/10/93 b,c3,c5, c24,c26,c39.
Offsets....................... 7007.4000-.4030.. Full rules....... 10/18/93 c33.
Ambient Air Quality Standards. 7009.0010-.0080.. All except 10/18/93 b,c3,c26.
7009.0030 and
7009.0040.
Air Pollution Episodes........ 7009.1000-.1110.. Full rules....... 10/18/93 c1,c21.
Applicability................. 7011.0010, .0020. Full rules....... 10/18/93 b,c20
Opacity....................... 7011.0100-.0120.. All except 10/18/93 b,c3,c20.
7011.0120.
Fugitive Particulate.......... 7011.0150........ Full rules....... 10/18/93 b.
Indirect Heating Equipment.... 7011.0500-.0550.. Full rules....... 10/18/93 b,c3,c20,c21
Direct Heating Equipment...... 7011.0600-.0620.. Full rules....... 10/18/93 c20,c21.
Industrial Process Equipment.. 7011.0700-.0735.. Full rules....... 10/18/93 b,c20
Portland Cement Plants........ 7011.0800-.0825.. All except 10/18/93 c20,c40.
7011.0810.
Asphalt Concrete Plants....... 7011.0900-.0920.. All except 10/18/93 c20,c40.
7011.0910.
Grain Elevators............... 7011.1000-.1015.. All except 10/18/93 c20,c25,c40.
7011.1005(2).
Coal Handling Facilities...... 7011.1100-.1140.. All except 10/18/93 c21.
7011.1130.
Incinerators.................. 7011.1201-.1207.. All rules for 10/18/93 b,c20,c40.
``existing
sources'' \2\.
[[Page 130]]
Sewage Sludge Incinerators.... 7011.1300-.1325.. All rules for 10/18/93 c20,c40
``existing
sources''.
Petroleum Refineries.......... 7011.1400-.1430.. All rules for 10/18/93 c20,c21.
``existing
sources''.
Liquid Petroleum and VOC 7011.1500-.1515.. All rules for 10/18/93 b,c21.
Storage Vessels. ``existing
sources''.
Sulfuric Acid Plants.......... 7011.1600-.1630.. All except 10/18/93 b,c3,c21,c40
7011.1610.
Nitric Acid Plants............ 7011.1700-.1725.. All except 10/18/93 b,c3,c21,c40.
7011.1710.
Inorganic Fibrous Materials... 7011.2100-.2105.. All rules........ 10/18/93 c20.
Stationary Internal Combustion 7011.2300........ Entire rule...... 10/18/93 b,c21.
Engine.
CEMS.......................... 7017.1000........ Entire Rule...... 10/18/93 c20.
Performance Tests............. 7017.2000........ Entire Rule...... 10/18/93 c20.
Notifications................. 7019.1000........ Entire Rule...... 10/18/93 c20.
Reports....................... 7019.2000........ Entire Rule...... 10/18/93 c20.
Emission Inventory............ 7019.3000, .3010. All rules........ 10/18/93 c20,c40.
Motor Vehicles................ 7023.0100-.0120.. All rules........ 10/18/93 b,c21.
Open Burning.................. Portions of All submitted 1993 b,c21,c26, c40.
Chapter 17 and portions of
88 of MN Sections 17.135,
Statutes. 88.01, 88.02,
88.03, 88.16,
88.17, and
88.171.
----------------------------------------------------------------------------------------------------------------
\1\ Recodifications affect essentially all rules but are shown only for substantively revised rules.
\2\ ``Existing'' sources are sources other than those subject to a new source performance standard.
[60 FR 27413, May 24, 1995]
Sec. 52.1223 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Minnesota's plans for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds the plan satisfies all requirements of Part D,
Title 1, of the Clean Air Act as amended in 1977, except as noted below.
[45 FR 40581, June 16, 1980]
Sec. 52.1224 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met
since the plan does not provide for public availability of emission
data.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to July 30 and July 1 to December 31.
[[Page 131]]
(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.
(5) Authority of the Regional Administrator to make available
information and data was delegated to the Minnesota Pollution Control
Agency effective October 6, 1977.
[37 FR 10874, May 31, 1972, as amended at 40 FR 55330, Nov. 28, 1975; 43
FR 10, Jan. 3, 1978; 51 FR 40676, Nov. 7, 1986]
Sec. 52.1225 Review of new sources and modifications.
(a) Part D--Approval. The State of Minnesota has satisfied the
requirements of sections 173 and 189(a)(1)(A) for permitting of major
new sources and modifications in nonattainment areas.
(b)-(d) [Reserved]
(e) The State of Minnesota has committed to conform to the Stack
Height Regulations, as set forth in 40 CFR part 51. In a January 14,
1987, letter to David Kee, USEPA, Thomas J. Kalitowski, Executive
Director, Minnesota Pollution Control Agency, stated:
Minnesota does not currently have a stack height rule, nor do we
intend to adopt such a rule. Instead, we will conform with the Stack
Height Regulations as set forth in the July 8, 1985, Federal Register in
issuing permits for new or modified sources. In cases where that rule is
not clear, we will contact USEPA Region V and conform to the current
federal interpretation of the item in question.
[53 FR 17037, May 13, 1988, as amended at 59 FR 21941, Apr. 28, 1994; 60
FR 21451, May 2, 1995]
Secs. 52.1226--52.1229 [Reserved]
Sec. 52.1230 Control strategy and rules: Particulates.
(a) Part D. (1) Approval. The State of Minnesota has satisfied the
requirements of sections 189(a)(1)(B) and 189(a)(1)(C) and paragraphs 1,
2, 3, 4, 6, 7, 8, and 9 of section 172(c) for the Saint Paul and
Rochester areas. The Administrator has determined pursuant to section
189(e) that secondary particulate matter formed from particulate matter
precursors does not contribute significantly to exceedances of the
NAAQS.
(2) No action. USEPA takes no action on the alternative test method
provision of Rule 7005.2910.
(b) Approval--On May 31, 1988, the State of Minnesota submitted a
committal SIP for particulate matter with an aerodynamic diameter equal
to or less than 10 micrometers (PM10) for Minnesota's Group
II areas. The Group II areas of concern are in Minneapolis, Hennepin
County; Duluth and Iron Range, St. Louis County; Iron Range, Itasca
County; Two Harbors, Lake County; and St. Cloud, Stearns County. The
committal SIP contains all the requirements identified in the July 1,
1987, promulgation of the SIP requirements for PM10 at 52 FR
24681.
[47 FR 19522, May 6, 1982, as amended at 47 FR 32118, July 26, 1982; 55
FR 21022, May 22, 1990; 57 FR 46308, Oct. 8, 1992; 59 FR 7222, Feb. 15,
1994]
Secs. 52.1231--52.1232 [Reserved]
Sec. 52.1233 Operating permits.
Emission limitations and related provisions which are established in
Minnesota permits as federally enforceable conditions in accordance with
Chapter 7007 rules shall be enforceable by USEPA. USEPA reserves the
right to deem permit conditions not federally enforceable. Such a
determination will be made according to appropriate procedures, and be
based upon the permit, permit approval procedures or permit requirements
which do not conform with the permit program requirements
[[Page 132]]
or the requirements of USEPA's underlying regulations.
[60 FR 21451, May 2, 1995]
Sec. 52.1234 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan does not include approvable procedures
for preventing the significant deterioration of air quality.
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Minnesota.
(c) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of Minnesota shall be
submitted to the Minnesota Pollution Control Agency, Division of Air
Quality, 520 Lafayette Road, St. Paul, Minnesota 55155.
[45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988]
Sec. 52.1235 [Reserved]
Sec. 52.1236 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Regulation for visibility monitoring and new source review. The
provisions of Secs. 52.26 and 52.28 are hereby incorporated and made a
part of the applicable plan for the State of Minnesota.
(c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Minnesota.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.1237 Control strategy: Carbon monoxide.
(a) The base year carbon monoxide emission inventory requirement of
section 187(a)(1) of the Clean Air Act, as amended in 1990, has been
satisfied for the following areas: Duluth Metropolitan Area and
Minneapolis-St. Paul Metropolitan Area.
(b) Approval--The 1993 carbon monoxide periodic emission inventory
requirement of section 187(a)(5) of the Clean Air Act, as amended in
1990, has been satisfied for the following areas: the counties of the
Twin cities seven county Metropolitan area (Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington), and Wright.
[59 FR 47807, Sept. 19, 1994, as amended at 62 FR 55172, Oct. 23, 1997]
Subpart Z--Mississippi
Sec. 52.1270 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Mississippi under section 110 of the Clean Air
Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient
air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
1997 was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after July 1, 1997, will be incorporated by reference in
the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of July 1, 1997.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta,
GA 30303; the Office of the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.; or at the EPA, Air and Radiation Docket
and Information Center, Air Docket (6102), 401 M Street, SW.,
Washington, DC. 20460.
(c) EPA approved regulations.
[[Page 133]]
EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
APC-S-1.................... Air Emission Regulations for the Prevention, Abatement, and Control of Air
Contaminants
Section 1.................. General............... 01/09/94 02/12/96
61 FR 5295............
Section 2.................. Definitions........... 01/09/94 02/12/96
61 FR 5295............
Section 3.................. Specific Criteria for 09/21/96 07/15/97
Sources of 62 FR 37726...........
Particulate Matter.
Section 4.................. Specific Criteria for 01/09/94 02/12/96
Sources of Sulfur 61 FR 5295............
Compounds.
Section 5.................. Specific Criteria for 01/09/94 02/12/96
Sources of Chemical 61 FR 5295............
Emissions.
Section 6.................. New Sources........... 01/09/94 02/12/96 Subsection 2 Other
61 FR 5295............ Limitations and
Subsection 3 NSPS
have not been
Federally approved.
Section 7.................. Exceptions............ 02/04/72 05/31/72
37 FR 10875...........
Section 9.................. Stack Height 05/01/86 09/23/87
Considerations. 51 FR 35704...........
Section 10................. Provisions for Upsets, 01/09/94 02/12/96
Startups, and 61 FR 5295............
Shutdowns.
Section 11................. Severability.......... 01/09/94 02/12/96
61 FR 5295............
APC-S-2.................... Mississippi commission On Environmental Quality Permit Regulations for the
Construction and/or Operation of Air Equipment
Section I.................. General Requirements.. 01/09/94 05/02/95
60 FR 21442...........
Section II................. General Standards 01/09/94 05/02/95
Applicable to All 60 FR 21442...........
Permits.
Section III................ Standards for Granting 01/09/94 05/02/95
a State Permit to 60 FR 21442...........
Operate An Existing
Source.
Section IV................. Application for Permit 01/09/94 05/02/95
to Construct and 60 FR 21442...........
State Permit to
Operate New Facility.
Section V.................. Public Participation 01/09/94 05/02/95
and Public 60 FR 21442...........
Availability of
Information.
Section VI................. Application Review.... 01/09/94 05/02/95
60 FR 21442...........
Section VII................ Compliance Testing.... 01/09/94 05/02/95
60 FR 21442...........
Section VIII............... Emissions Evaluation 01/09/94 05/02/95
Report. 60 FR 21442...........
Section IX................. Procedures for Renewal 01/09/94 05/02/95
of State Permit to 60 FR 21442...........
Operate.
Section X.................. Standards for Renewal 01/09/94 05/02/95
of State Permit to 60 FR 21442...........
Operate.
Section XI................. Reporting and Record 01/09/94 05/02/95
Keeping. 60 FR 21442...........
[[Page 134]]
Section XII................ Emission Reduction 01/09/94 05/02/95
Schedule. 60 FR 21442...........
Section XIII............... Exclusions, Variances, 01/09/94 05/02/95
and General Permits. 60 FR 21442...........
Section XIV................ Permit Transfer....... 01/09/94 05/02/95
60 FR 21442...........
Section XV................. Severability.......... 01/09/94 05/02/95
60 FR 21442...........
APC-S-3.................... Regulations for Prevention of Air Pollution Emergency Episodes
Section 1.................. General............... 02/04/72 05/31/72
37 FR 10875...........
Section 2.................. Definitions........... 02/04/72 05/31/72
37 FR 10875...........
Section 3.................. Episode Criteria...... 06/03/88 11/13/89
54 FR 47211...........
Section 4.................. Emission Control 02/04/72 05/31/72
Action Programs. 37 FR 10875...........
Section 5.................. Emergency Orders...... 06/03/88 11/13/89
54 FR 47211...........
APC-S-5.................... Regulations for the Prevention of Significant Deterioration of Air Quality
All........................ .................... 09/21/96 07/15/97
62 FR 37726...........
[[Page 135]]
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State Source specific requirements.
EPA-Approved Mississippi Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State EPA
Name of source Permit effective approval Comments
number date date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------
(e) [Reserved]
[62 FR 35442, July 1, 1997, as amended at 62 FR 37726, July 15, 1997; 62
FR 40139, July 25, 1997]
Sec. 52.1271 Classification of regions.
The Mississippi plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Mobile (Alabama)-Pensacola-Panama City (Florida)-
Gulfport (Mississippi) Interstate................... I I III III I
Metropolitan Memphis Interstate...................... I III III III I
Mississippi Delta Intrastate......................... III III III III III
Northeast Mississippi Intrastate..................... II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10875, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]
Sec. 52.1272 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Mississippi's plan for the attainment and maintenance of
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds the plans satisfy all requirements or Part D,
Title I, of the Clean Air Act as amended in 1977.
[45 FR 2032, Jan. 10, 1980]
Sec. 52.1273 [Reserved]
Sec. 52.1275 Legal authority.
(a) The requirements of Sec. 51.230(d) of this chapter are not met
since statutory authority to prevent construction, modification, or
operation of a facility, building, structure, or installation, or
combination thereof, which indirectly results or may result in emissions
of any air pollutant at any location which will prevent the maintenance
of a national air quality standard is not adequate.
(b) The requirements of Sec. 51.230(f) of this chapter are not met,
since section 7106-117 of the Mississippi Code could, in some
circumstances, prohibit the disclosure of emission data to the public.
Therefore, section 7106-117 is disapproved.
[39 FR 7282, Feb. 25, 1974, as amended at 39 FR 34536, Sept. 26, 1974;
51 FR 40676, Nov. 7, 1986]